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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1100 By: Seifried
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7 AS INTRODUCED
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8 An Act relating to assault and battery; amending 21
8 O.S. 2021, Section 644, as last amended by Section 6,
9 Chapter 452, O.S.L. 2024 (21 O.S. Supp. 2024, Section
9 644), which relates to punishment for assault and
10 battery; requiring certain assessment; authorizing
10 certain alternative programs; establishing
11 requirements; modifying scope of allowable entities
11 to make certain determination; modifying allowable
12 scope of certain condition of suspended or deferred
12 sentence; and providing an effective date.
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17 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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18 SECTION 1. AMENDATORY 21 O.S. 2021, Section 644, as last
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19 amended by Section 6, Chapter 452, O.S.L. 2024 (21 O.S. Supp. 2024,
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20 Section 644), is amended to read as follows:
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21 Section 644. A. Assault shall be punishable by imprisonment in
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22 a county jail not exceeding thirty (30) days, or by a fine of not
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23 more than Five Hundred Dollars ($500.00), or by both such fine and
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24 imprisonment.
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1 B. Assault and battery shall be punishable by imprisonment in a
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2 county jail not exceeding ninety (90) days, or by a fine of not more
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3 than One Thousand Dollars ($1,000.00), or by both such fine and
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4 imprisonment.
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5 C. Any person who commits any assault and battery against a
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6 current or former intimate partner or a family or household member
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7 as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
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8 shall be guilty of domestic abuse. Upon conviction, the defendant
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9 shall be punished by imprisonment in the county jail for not more
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10 than one (1) year, or by a fine not exceeding Five Thousand Dollars
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11 ($5,000.00), or by both such fine and imprisonment. Upon conviction
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12 for a second or subsequent offense, the person shall be punished by
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13 imprisonment in the custody of the Department of Corrections for not
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14 more than four (4) years, or by a fine not exceeding Five Thousand
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15 Dollars ($5,000.00), or by both such fine and imprisonment. The
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16 provisions of Section 51.1 of this title shall apply to any second
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17 or subsequent offense.
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18 D. 1. Any person who, with intent to do bodily harm and
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19 without justifiable or excusable cause, commits any assault,
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20 battery, or assault and battery upon an intimate partner or a family
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21 or household member as defined by Section 60.1 of Title 22 of the
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22 Oklahoma Statutes with any sharp or dangerous weapon, upon
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23 conviction, is guilty of domestic assault or domestic assault and
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24 battery with a dangerous weapon which shall be a felony and
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1 punishable by imprisonment in the custody of the Department of
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2 Corrections not exceeding ten (10) years, or by imprisonment in a
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3 county jail not exceeding one (1) year. The provisions of Section
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4 51.1 of this title shall apply to any second or subsequent
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5 conviction for a violation of this paragraph.
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6 2. Any person who, without such cause, shoots an intimate
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7 partner or a family or household member as defined by Section 60.1
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8 of Title 22 of the Oklahoma Statutes by means of any deadly weapon
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9 that is likely to produce death shall, upon conviction, be guilty of
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10 domestic assault and battery with a deadly weapon which shall be a
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11 felony punishable by imprisonment in the custody of the Department
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12 of Corrections not exceeding life. The provisions of Section 51.1
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13 of this title shall apply to any second or subsequent conviction for
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14 a violation of this paragraph.
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15 E. 1. Any person convicted of domestic abuse committed against
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16 a pregnant woman with knowledge of the pregnancy shall be guilty of
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17 a felony, punishable by imprisonment in the custody of the
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18 Department of Corrections for not more than five (5) years.
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19 2. Any person convicted of a second or subsequent offense of
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20 domestic abuse against a pregnant woman with knowledge of the
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21 pregnancy shall be guilty of a felony, punishable by imprisonment in
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22 the custody of the Department of Corrections for not less than ten
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23 (10) years.
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1 3. Any person convicted of domestic abuse committed against a
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2 pregnant woman with knowledge of the pregnancy and a miscarriage
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3 occurs or injury to the unborn child occurs shall be guilty of a
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4 felony, punishable by imprisonment in the custody of the Department
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5 of Corrections for not less than twenty (20) years.
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6 F. Any person convicted of domestic abuse as defined in
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7 subsection C of this section that results in great bodily injury to
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8 the victim shall be guilty of a felony and punished by imprisonment
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9 in the custody of the Department of Corrections for not more than
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10 ten (10) years, or by imprisonment in the county jail for not more
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11 than one (1) year. The provisions of Section 51.1 of this title
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12 shall apply to any second or subsequent conviction of a violation of
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13 this subsection.
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14 G. Any person convicted of domestic abuse as defined in
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15 subsection C of this section that was committed in the presence of a
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16 child shall be punished by imprisonment in the county jail for not
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17 less than six (6) months nor more than one (1) year, or by a fine
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18 not exceeding Five Thousand Dollars ($5,000.00), or by both such
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19 fine and imprisonment. Any person convicted of a second or
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20 subsequent domestic abuse as defined in subsection C of this section
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21 that was committed in the presence of a child shall be punished by
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22 imprisonment in the custody of the Department of Corrections for not
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23 less than one (1) year nor more than five (5) years, or by a fine
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24 not exceeding Seven Thousand Dollars ($7,000.00), or by both such
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1 fine and imprisonment. The provisions of Section 51.1 of this title
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2 shall apply to any second or subsequent offense.
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3 H. For every conviction of a domestic abuse crime in violation
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4 of any provision of this section committed against an intimate
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5 partner or a family or household member as defined by Section 60.1
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6 of Title 22 of the Oklahoma Statutes, the court shall:
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7 1. Specifically order as a condition of a suspended or deferred
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8 sentence that a defendant participate in counseling or undergo
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9 treatment to bring about the cessation of domestic abuse as
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10 specified in paragraph 2 of this subsection;
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11 2. a. The court shall require the defendant to complete an
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12 assessment and follow the recommendations of a by a
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13 batterers' intervention program, as provided in
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14 subparagraph b of this paragraph, that is certified by
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15 the Attorney General, to determine if it is
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16 appropriate for the defendant to undergo treatment
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17 through the certified batterers' intervention program
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18 as provided in subparagraph b of this paragraph or
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19 through an alternative batterers' intervention program
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20 as provided in subparagraph c of this paragraph that
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21 is certified by the Attorney General and housed at
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22 local certified domestic violence program providers.
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23 b. If the defendant is ordered to participate in a
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24 batterers' intervention program, the order shall
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1 require the defendant to attend the program for a
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2 minimum of fifty-two (52) weeks, complete the program,
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3 and be evaluated before and after attendance of the
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4 program by program staff. Three unexcused absences in
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5 succession or seven unexcused absences in a period of
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6 fifty-two (52) weeks from any court-ordered batterers'
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7 intervention program shall be prima facie evidence of
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8 the violation of the conditions of probation for the
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9 district attorney to seek acceleration or revocation
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10 of any probation entered by the court.
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11 b.
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12 c. Alternative batterers' intervention programs which the
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13 court may require the defendant to complete in lieu of
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14 the batterers' intervention program provided in
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15 subparagraph b of this paragraph shall be certified
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16 through the Office of the Attorney General and last a
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17 minimum of twenty-six (26) weeks. Rules for the
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18 alternative batterers' intervention programs shall be
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19 promulgated by the Attorney General and provide that
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20 the programs:
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21 (1) prioritize the safety of all victims of
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22 battering,
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23 (2) use appropriate intervention strategies to foster
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24 a batterer to stop using violence, accept
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1 personal responsibility for battering and for the
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2 decision to stop or to not stop battering, and
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3 change existing attitudes and beliefs that
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4 support the batterer's coercive behavior,
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5 (3) address all forms of battering,
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6 (4) are culturally informed and provide culturally
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7 appropriate services to all participants,
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8 (5) provide services that that are affordable and
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9 accessible for participants, including
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10 participants with disabilities or limited
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11 proficiency in the English language,
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12 (6) provide a uniform standard for evaluating a
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13 batterers' intervention program's performance,
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14 (7) encourage practices that enhance victim safety
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15 and are based on consensus of research and proven
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16 field experience,
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17 (8) foster local and statewide communication among
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18 batterers' intervention programs and interaction
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19 between batterers' intervention programs and
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20 victim advocacy programs, and
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21 (9) ensure that batterers' intervention programs
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22 operate as an integrated part of the wider
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23 community response to battering.
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1 Alternative batterers' intervention programs may use evidence-based
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2 principles of restorative justice.
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3 d. A program for anger management, couples counseling, or
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4 family and marital counseling shall not solely qualify
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5 for the counseling or treatment requirement for
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6 domestic abuse pursuant to this subsection. The
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7 counseling may be ordered in addition to counseling
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8 specifically for the treatment of domestic abuse or
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9 per evaluation as set forth below. If, after
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10 sufficient evaluation and attendance at required
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11 counseling treatment sessions, the domestic violence
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12 treatment program or licensed professional determines
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13 that the defendant does not evaluate as a perpetrator
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14 of domestic violence or does evaluate as a perpetrator
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15 of domestic violence and should complete other
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16 programs of treatment simultaneously or prior or
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17 subsequent to domestic violence treatment, including
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18 but not limited to programs related to the mental
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19 health, apparent substance or alcohol abuse or
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20 inability or refusal to manage anger, the defendant
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21 shall be ordered to complete the counseling as per the
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22 recommendations of the domestic violence treatment
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23 program or licensed professional;
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1 3. a. The court shall set a review hearing no more than one
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2 hundred twenty (120) days after the defendant is
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3 ordered to participate in a domestic abuse counseling
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4 program or undergo treatment for domestic abuse to
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5 assure the attendance and compliance of the defendant
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6 with the provisions of this subsection and the
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7 domestic abuse counseling or treatment requirements.
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8 The court may suspend delay sentencing of the
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9 defendant until the defendant has presented proof to
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10 the court of enrollment in a program of treatment for
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11 domestic abuse by an individual licensed practitioner
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12 or a domestic abuse treatment program certified by the
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13 Attorney General and attendance at weekly sessions of
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14 such program. Such proof shall be presented to the
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15 court by the defendant no later than one hundred
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16 twenty (120) days after the defendant is ordered to
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17 such counseling or treatment. At such time, the court
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18 may complete sentencing, beginning the period of the
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19 sentence from the date that proof of enrollment is
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20 presented to the court, and schedule reviews as
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21 required by subparagraphs a and b of this paragraph
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22 and paragraphs 4 and 5 of this subsection. Three
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23 unexcused absences in succession or seven unexcused
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24 absences in a period of fifty-two (52) weeks from any
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1 court-ordered domestic abuse counseling or treatment
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2 program shall be prima facie evidence of the violation
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3 of the conditions of probation for the district
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4 attorney to seek acceleration or revocation of any
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5 probation entered by the court.
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6 b. The court shall set a second review hearing after the
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7 completion of the counseling or treatment to assure
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8 the attendance and compliance of the defendant with
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9 the provisions of this subsection and the domestic
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10 abuse counseling or treatment requirements. The court
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11 shall retain continuing jurisdiction over the
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12 defendant during the course of ordered counseling
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13 through the final review hearing;
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14 4. The court may set subsequent or other review hearings as the
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15 court determines necessary to assure the defendant attends and fully
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16 complies with the provisions of this subsection and the domestic
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17 abuse counseling or treatment requirements;
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18 5. At any review hearing, if the defendant is not
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19 satisfactorily attending individual counseling or a domestic abuse
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20 counseling or treatment program or is not in compliance with any
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21 domestic abuse counseling or treatment requirements, the court may
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22 order the defendant to further or continue counseling, treatment, or
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23 other necessary services. The court may revoke all or any part of a
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24 suspended sentence, deferred sentence, or probation pursuant to
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1 Section 991b of Title 22 of the Oklahoma Statutes and subject the
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2 defendant to any or all remaining portions of the original sentence;
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3 6. At the first review hearing, the court shall require the
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4 defendant to appear in court. Thereafter, for any subsequent review
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5 hearings, the court may accept a report on the progress of the
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6 defendant from individual counseling, domestic abuse counseling, or
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7 the treatment program. There shall be no requirement for the victim
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8 to attend review hearings; and
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9 7. If funding is available, a referee may be appointed and
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10 assigned by the presiding judge of the district court to hear
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11 designated cases set for review under this subsection. Reasonable
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12 compensation for the referees shall be fixed by the presiding judge.
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13 The referee shall meet the requirements and perform all duties in
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14 the same manner and procedure as set forth in Sections 1-8-103 and
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15 2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
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16 appointed in juvenile proceedings.
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17 The defendant may be required to pay all or part of the cost of
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18 the counseling or treatment, in the discretion of the court.
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19 H. I. As used in subsection G of this section, "in the presence
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20 of a child" means in the physical presence of a child; or having
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21 knowledge that a child is present and may see or hear an act of
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22 domestic violence. For the purposes of subsections C and G of this
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23 section, "child" may be any child whether or not related to the
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24 victim or the defendant.
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1 I. J. For the purposes of subsections C and G of this section,
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2 any conviction for assault and battery against an intimate partner
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3 or a family or household member as defined by Section 60.1 of Title
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4 22 of the Oklahoma Statutes shall constitute a sufficient basis for
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5 a felony charge:
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6 1. If that conviction is rendered in any state, county or
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7 parish court of record of this or any other state; or
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8 2. If that conviction is rendered in any municipal court of
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9 record of this or any other state for which any jail time was
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10 served; provided, no conviction in a municipal court of record
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11 entered prior to November 1, 1997, shall constitute a prior
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12 conviction for purposes of a felony charge.
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13 J. K. Any person who commits any assault and battery by
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14 strangulation or attempted strangulation against an intimate partner
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15 or a family or household member as defined by Section 60.1 of Title
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16 22 of the Oklahoma Statutes shall, upon conviction, be guilty of
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17 domestic abuse by strangulation and shall be punished by
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18 imprisonment in the custody of the Department of Corrections for a
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19 period of not less than one (1) year nor more than three (3) years,
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20 or by a fine of not more than Three Thousand Dollars ($3,000.00), or
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21 by both such fine and imprisonment. Upon a second or subsequent
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22 conviction for a violation of this section, the defendant shall be
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23 punished by imprisonment in the custody of the Department of
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24 Corrections for a period of not less than three (3) years nor more
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1 than ten (10) years, or by a fine of not more than Twenty Thousand
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2 Dollars ($20,000.00), or by both such fine and imprisonment. The
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3 provisions of Section 51.1 of this title shall apply to any second
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4 or subsequent conviction of a violation of this subsection. As used
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5 in this subsection, "strangulation" means any form of asphyxia;
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6 including, but not limited to, asphyxia characterized by closure of
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7 the blood vessels or air passages of the neck as a result of
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8 external pressure on the neck or the closure of the nostrils or
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9 mouth as a result of external pressure on the head.
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10 K. L. Any district court of this state and any judge thereof
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11 shall be immune from any liability or prosecution for issuing an
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12 order that requires a defendant to:
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13 1. Attend a treatment program for domestic abusers certified by
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14 the Attorney General;
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15 2. Attend counseling or treatment services ordered as part of
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16 any suspended or deferred sentence or probation; and
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17 3. Attend, complete, and be evaluated before and after
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18 attendance by a treatment program for domestic abusers, certified by
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19 the Attorney General.
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20 L. M. There shall be no charge of fees or costs to any victim
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21 of domestic violence, stalking, or sexual assault in connection with
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22 the prosecution of a domestic violence, stalking, or sexual assault
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23 offense in this state.
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1 M. N. In the course of prosecuting any charge of domestic
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2 abuse, stalking, harassment, rape, or violation of a protective
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3 order, the prosecutor shall provide the court, prior to sentencing
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4 or any plea agreement, a local history and any other available
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5 history of past convictions of the defendant within the last ten
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6 (10) years relating to domestic abuse, stalking, harassment, rape,
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7 violation of a protective order, or any other violent misdemeanor or
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8 felony convictions.
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9 N. O. Any plea of guilty or finding of guilt for a violation of
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10 subsection C, F, G, I or J of this section shall constitute a
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11 conviction of the offense for the purpose of this act or any other
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12 criminal statute under which the existence of a prior conviction is
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13 relevant for a period of ten (10) years following the completion of
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14 any court imposed probationary term; provided, the person has not,
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15 in the meantime, been convicted of a misdemeanor involving moral
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16 turpitude or a felony.
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17 O. P. For purposes of subsection F of this section, "great
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18 bodily injury" means bone fracture, protracted and obvious
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19 disfigurement, protracted loss or impairment of the function of a
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20 body part, organ or mental faculty, or substantial risk of death.
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21 P. Q. Any pleas of guilty or nolo contendere or finding of
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22 guilt to a violation of any provision of this section shall
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23 constitute a conviction of the offense for the purpose of any
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24 subsection of this section under which the existence of a prior
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1 conviction is relevant for a period of ten (10) years following the
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2 completion of any sentence or court imposed probationary term.
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3 SECTION 2. This act shall become effective November 1, 2025.
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Req. No. 1023 Page 15Every fact on this page links to its source, starting with the official bill record.