1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3775 By: Duel
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6 AS INTRODUCED
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7 An Act relating to crimes and punishments; amending
7 21 O.S. 2021, Section 644, as amended by Section 1,
8 Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023, Section
8 644), which relates to assault and battery; making
9 certain acts unlawful; providing penalties; defining
9 term; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, as
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14 amended by Section 1, Chapter 212, O.S.L. 2023 (21 O.S. Supp. 2023,
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15 Section 644), is amended to read as follows:
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16 Section 644. A. Assault shall be punishable by imprisonment in
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17 a county jail not exceeding thirty (30) days, or by a fine of not
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18 more than Five Hundred Dollars ($500.00), or by both such fine and
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19 imprisonment.
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20 B. Assault and battery shall be punishable by imprisonment in a
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21 county jail not exceeding ninety (90) days, or by a fine of not more
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22 than One Thousand Dollars ($1,000.00), or by both such fine and
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23 imprisonment.
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 1 C. Any person who commits any assault and battery against a
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2 current or former intimate partner or a family or household member
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3 as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
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4 shall be guilty of domestic abuse. Upon conviction, the defendant
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5 shall be punished by imprisonment in the county jail for not more
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6 than one (1) year, or by a fine not exceeding Five Thousand Dollars
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7 ($5,000.00), or by both such fine and imprisonment. Upon conviction
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8 for a second or subsequent offense, the person shall be punished by
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9 imprisonment in the custody of the Department of Corrections for not
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10 more than four (4) years, or by a fine not exceeding Five Thousand
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11 Dollars ($5,000.00), or by both such fine and imprisonment. The
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12 provisions of Section 51.1 of this title shall apply to any second
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13 or subsequent offense.
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14 D. 1. Any person who, with intent to do bodily harm and
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15 without justifiable or excusable cause, commits any assault,
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16 battery, or assault and battery upon an intimate partner or a family
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17 or household member as defined by Section 60.1 of Title 22 of the
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18 Oklahoma Statutes with any sharp or dangerous weapon, upon
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19 conviction, is guilty of domestic assault or domestic assault and
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20 battery with a dangerous weapon which shall be a felony and
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21 punishable by imprisonment in the custody of the Department of
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22 Corrections not exceeding ten (10) years, or by imprisonment in a
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23 county jail not exceeding one (1) year. The provisions of Section
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 1 51.1 of this title shall apply to any second or subsequent
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2 conviction for a violation of this paragraph.
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3 2. Any person who, without such cause, shoots an intimate
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4 partner or a family or household member as defined by Section 60.1
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5 of Title 22 of the Oklahoma Statutes by means of any deadly weapon
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6 that is likely to produce death shall, upon conviction, be guilty of
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7 domestic assault and battery with a deadly weapon which shall be a
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8 felony punishable by imprisonment in the custody of the Department
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9 of Corrections not exceeding life. The provisions of Section 51.1
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10 of this title shall apply to any second or subsequent conviction for
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11 a violation of this paragraph.
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12 E. Any person convicted of domestic abuse committed against a
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13 pregnant woman with knowledge of the pregnancy shall be guilty of a
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14 misdemeanor, punishable by imprisonment in the county jail for not
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15 more than one (1) year.
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16 Any person convicted of a second or subsequent offense of
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17 domestic abuse against a pregnant woman with knowledge of the
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18 pregnancy shall be guilty of a felony, punishable by imprisonment in
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19 the custody of the Department of Corrections for not less than ten
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20 (10) years.
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21 Any person convicted of domestic abuse committed against a
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22 pregnant woman with knowledge of the pregnancy and a miscarriage
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23 occurs or injury to the unborn child occurs shall be guilty of a
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 1 felony, punishable by imprisonment in the custody of the Department
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2 of Corrections for not less than twenty (20) years.
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3 F. Any person convicted of domestic abuse as defined in
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4 subsection C of this section that results in great bodily injury to
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5 the victim shall be guilty of a felony and punished by imprisonment
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6 in the custody of the Department of Corrections for not more than
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7 ten (10) years, or by imprisonment in the county jail for not more
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8 than one (1) year. The provisions of Section 51.1 of this title
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9 shall apply to any second or subsequent conviction of a violation of
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10 this subsection.
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11 G. Any person convicted of domestic abuse as defined in
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12 subsection C of this section that was committed in the presence of a
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13 child shall be punished by imprisonment in the county jail for not
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14 less than six (6) months nor more than one (1) year, or by a fine
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15 not exceeding Five Thousand Dollars ($5,000.00), or by both such
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16 fine and imprisonment. Any person convicted of a second or
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17 subsequent domestic abuse as defined in subsection C of this section
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18 that was committed in the presence of a child shall be punished by
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19 imprisonment in the custody of the Department of Corrections for not
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20 less than one (1) year nor more than five (5) years, or by a fine
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21 not exceeding Seven Thousand Dollars ($7,000.00), or by both such
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22 fine and imprisonment. The provisions of Section 51.1 of this title
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23 shall apply to any second or subsequent offense. For every
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24 conviction of a domestic abuse crime in violation of any provision
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 1 of this section committed against an intimate partner or a family or
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2 household member as defined by Section 60.1 of Title 22 of the
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3 Oklahoma Statutes, the court shall:
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4 1. Specifically order as a condition of a suspended or deferred
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5 sentence that a defendant participate in counseling or undergo
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6 treatment to bring about the cessation of domestic abuse as
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7 specified in paragraph 2 of this subsection;
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8 2. a. The court shall require the defendant to complete an
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9 assessment and follow the recommendations of a
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10 batterers' intervention program certified by the
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11 Attorney General. If the defendant is ordered to
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12 participate in a batterers' intervention program, the
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13 order shall require the defendant to attend the
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14 program for a minimum of fifty-two (52) weeks,
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15 complete the program, and be evaluated before and
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16 after attendance of the program by program staff.
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17 Three unexcused absences in succession or seven
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18 unexcused absences in a period of fifty-two (52) weeks
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19 from any court-ordered batterers' intervention program
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20 shall be prima facie evidence of the violation of the
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21 conditions of probation for the district attorney to
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22 seek acceleration or revocation of any probation
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23 entered by the court.
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 1 b. A program for anger management, couples counseling, or
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2 family and marital counseling shall not solely qualify
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3 for the counseling or treatment requirement for
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4 domestic abuse pursuant to this subsection. The
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5 counseling may be ordered in addition to counseling
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6 specifically for the treatment of domestic abuse or
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7 per evaluation as set forth below. If, after
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8 sufficient evaluation and attendance at required
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9 counseling sessions, the domestic violence treatment
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10 program or licensed professional determines that the
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11 defendant does not evaluate as a perpetrator of
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12 domestic violence or does evaluate as a perpetrator of
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13 domestic violence and should complete other programs
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14 of treatment simultaneously or prior to domestic
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15 violence treatment, including but not limited to
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16 programs related to the mental health, apparent
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17 substance or alcohol abuse or inability or refusal to
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18 manage anger, the defendant shall be ordered to
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19 complete the counseling as per the recommendations of
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20 the domestic violence treatment program or licensed
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21 professional;
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22 3. a. The court shall set a review hearing no more than one
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23 hundred twenty (120) days after the defendant is
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24 ordered to participate in a domestic abuse counseling
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 1 program or undergo treatment for domestic abuse to
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2 assure the attendance and compliance of the defendant
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3 with the provisions of this subsection and the
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4 domestic abuse counseling or treatment requirements.
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5 The court may suspend sentencing of the defendant
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6 until the defendant has presented proof to the court
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7 of enrollment in a program of treatment for domestic
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8 abuse by an individual licensed practitioner or a
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9 domestic abuse treatment program certified by the
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10 Attorney General and attendance at weekly sessions of
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11 such program. Such proof shall be presented to the
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12 court by the defendant no later than one hundred
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13 twenty (120) days after the defendant is ordered to
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14 such counseling or treatment. At such time, the court
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15 may complete sentencing, beginning the period of the
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16 sentence from the date that proof of enrollment is
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17 presented to the court, and schedule reviews as
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18 required by subparagraphs a and b of this paragraph
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19 and paragraphs 4 and 5 of this subsection. Three
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20 unexcused absences in succession or seven unexcused
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21 absences in a period of fifty-two (52) weeks from any
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22 court-ordered domestic abuse counseling or treatment
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23 program shall be prima facie evidence of the violation
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24 of the conditions of probation for the district
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 1 attorney to seek acceleration or revocation of any
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2 probation entered by the court.
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3 b. The court shall set a second review hearing after the
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4 completion of the counseling or treatment to assure
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5 the attendance and compliance of the defendant with
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6 the provisions of this subsection and the domestic
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7 abuse counseling or treatment requirements. The court
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8 shall retain continuing jurisdiction over the
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9 defendant during the course of ordered counseling
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10 through the final review hearing;
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11 4. The court may set subsequent or other review hearings as the
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12 court determines necessary to assure the defendant attends and fully
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13 complies with the provisions of this subsection and the domestic
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14 abuse counseling or treatment requirements;
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15 5. At any review hearing, if the defendant is not
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16 satisfactorily attending individual counseling or a domestic abuse
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17 counseling or treatment program or is not in compliance with any
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18 domestic abuse counseling or treatment requirements, the court may
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19 order the defendant to further or continue counseling, treatment, or
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20 other necessary services. The court may revoke all or any part of a
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21 suspended sentence, deferred sentence, or probation pursuant to
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22 Section 991b of Title 22 of the Oklahoma Statutes and subject the
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23 defendant to any or all remaining portions of the original sentence;
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 1 6. At the first review hearing, the court shall require the
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2 defendant to appear in court. Thereafter, for any subsequent review
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3 hearings, the court may accept a report on the progress of the
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4 defendant from individual counseling, domestic abuse counseling, or
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5 the treatment program. There shall be no requirement for the victim
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6 to attend review hearings; and
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7 7. If funding is available, a referee may be appointed and
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8 assigned by the presiding judge of the district court to hear
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9 designated cases set for review under this subsection. Reasonable
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10 compensation for the referees shall be fixed by the presiding judge.
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11 The referee shall meet the requirements and perform all duties in
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12 the same manner and procedure as set forth in Sections 1-8-103 and
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13 2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
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14 appointed in juvenile proceedings.
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15 The defendant may be required to pay all or part of the cost of
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16 the counseling or treatment, in the discretion of the court.
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17 H. As used in subsection G of this section, "in the presence of
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18 a child" means in the physical presence of a child; or having
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19 knowledge that a child is present and may see or hear an act of
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20 domestic violence. For the purposes of subsections C and G of this
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21 section, "child" may be any child whether or not related to the
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22 victim or the defendant.
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23 I. For the purposes of subsections C and G of this section, any
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24 conviction for assault and battery against an intimate partner or a
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 1 family or household member as defined by Section 60.1 of Title 22 of
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2 the Oklahoma Statutes shall constitute a sufficient basis for a
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3 felony charge:
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4 1. If that conviction is rendered in any state, county or
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5 parish court of record of this or any other state; or
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6 2. If that conviction is rendered in any municipal court of
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7 record of this or any other state for which any jail time was
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8 served; provided, no conviction in a municipal court of record
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9 entered prior to November 1, 1997, shall constitute a prior
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10 conviction for purposes of a felony charge.
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11 J. 1. Any person who commits any assault and battery by
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12 strangulation or attempted strangulation against an intimate partner
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13 or a family or household member as defined by Section 60.1 of Title
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14 22 of the Oklahoma Statutes shall, upon conviction, be guilty of
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15 domestic abuse by strangulation and shall be punished by
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16 imprisonment in the custody of the Department of Corrections for a
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17 period of not less than one (1) year nor more than three (3) years,
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18 or by a fine of not more than Three Thousand Dollars ($3,000.00), or
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19 by both such fine and imprisonment. Upon a second or subsequent
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20 conviction for a violation of this section, the defendant shall be
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21 punished by imprisonment in the custody of the Department of<