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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1264 By: Gillespie
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to crimes and punishments; amending
7 Section 5, Chapter 366, O.S.L. 2024, as amended by
8 Section 1, Chapter 187, O.S.L. 2025 (21 O.S. Supp.
8 2025, Section 20E), which relates to Class A3
9 offenses; conforming statutory reference; amending
9 Section 8, Chapter 366, O.S.L. 2024 (21 O.S. Supp.
10 2025, Section 20H), which relates to Class B3
10 offenses; conforming statutory reference; updating
11 statutory references; amending 21 O.S. 2021, Section
11 644, as last amended by Section 1, Chapter 322,
12 O.S.L. 2025 (21 O.S. Supp. 2025, Section 644), which
12 relates to assault and battery; modifying definition;
13 conforming language; updating statutory language and
13 references; repealing 21 O.S. 2021, Section 644, as
14 last amended by Section 1, Chapter 147, O.S.L. 2025
14 (21 O.S. Supp. 2025, Section 644), which relates to
15 assault and battery; repealing 21 O.S. 2021, Section
15 644, as last amended by Section 2, Chapter 162,
16 O.S.L. 2025 (21 O.S. Supp. 2025, Section 644), which
16 relates to assault and battery; repealing 21 O.S.
17 2021, Section 644, as last amended by Section 3,
17 Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025, Section
18 644), which relates to assault and battery; and
18 providing an effective date.
19
19
20
20
2 1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
21
22 SECTION 1. AMENDATORY Section 5, Chapter 366, O.S.L.
22
2 3 2024, as amended by Section 1, Chapter 187, O.S.L. 2025 (21 O.S.
23
2 4 Supp. 2025, Section 20E), is amended to read as follows:
24
Req. No. 2792 Page 1
1 Section 20E. A. Upon the effective date of this act On or
1
2 after January 1, 2026, Class A3 shall include the following criminal
2
3 offenses:
3
4 1. Domestic assault and battery with a deadly weapon, as
4
5 provided for in paragraph 2 of subsection D of Section 644 of Title
5
6 21 of the Oklahoma Statutes this title;
6
7 2. Second or subsequent conviction of domestic abuse against a
7
8 pregnant woman with knowledge of the pregnancy, as provided for in
8
9 paragraph 2 of subsection E of Section 644 of Title 21 of the
9
1 0 Oklahoma Statutes this title;
10
11 3. Aggravated assault and battery upon a police officer,
11
1 2 sheriff, deputy sheriff or highway patrolman, corrections personnel,
12
1 3 or any state peace officer, as provided for in subsection A of
13
1 4 Section 650 of Title 21 of the Oklahoma Statutes this title;
14
15 4. Shooting with the intent to kill, as provided for in
15
1 6 subsection A of Section 652 of Title 21 of the Oklahoma Statutes
16
1 7 this title;
17
18 5. Using a vehicle to facilitate the intentional discharge of a
18
1 9 firearm, crossbow, or other weapon, as provided for in subsection B
19
2 0 of Section 652 of Title 21 of the Oklahoma Statutes this title;
20
21 6. Assault and battery with a deadly weapon, as provided for in
21
2 2 subsection C of Section 652 of Title 21 of the Oklahoma Statutes
22
2 3 this title;
23
24
24
Req. No. 2792 Page 2
1 7. Maiming, as provided for in Section 751 of Title 21 of the
1
2 Oklahoma Statutes this title;
2
3 8. Sexual abuse by a caretaker, as provided for in paragraph 2
3
4 of subsection B of Section 843.1 of Title 21 of the Oklahoma
4
5 Statutes this title;
5
6 9. Child abuse, as provided for in subsection A of Section
6
7 843.5 of Title 21 of the Oklahoma Statutes this title;
7
8 10. Enabling child abuse, as provided for in subsection B of
8
9 Section 843.5 of Title 21 of the Oklahoma Statutes this title;
9
10 11. Child sexual abuse, as provided for in subsection E of
10
1 1 Section 843.5 of Title 21 of the Oklahoma Statutes this title;
11
12 12. Enabling child sexual abuse, as provided for in subsection
12
1 3 G of Section 843.5 of Title 21 of the Oklahoma Statutes this title;
13
14 13. Child sexual exploitation, as provided for in subsection H
14
1 5 of Section 843.5 of Title 21 of the Oklahoma Statutes this title;
15
16 14. Enabling child sexual exploitation, as provided for in
16
1 7 subsection J of Section 843.5 of Title 21 of the Oklahoma Statutes
17
1 8 this title;
18
19 15. Lewd or indecent proposals or acts to a child, as provided
19
2 0 for in subsection A of Section 1123 of Title 21 of the Oklahoma
20
2 1 Statutes this title;
21
22 16. Terrorism, as provided for in subsection B of Section
22
2 3 1268.2 of Title 21 of the Oklahoma Statutes this title;
23
24
24
Req. No. 2792 Page 3
1 17. Conspiracy to commit terrorism, as provided for in
1
2 subsection A of Section 1268.3 of Title 21 of the Oklahoma Statutes
2
3 this title;
3
4 18. Any person above the age of eighteen (18) who, on campuses
4
5 or public school grounds, advocates revolution, sabotage, force and
5
6 violation, sedition, treason, or the overthrow of the United States
6
7 government, as provided for in subsection B of Section 1327 of Title
7
8 21 of the Oklahoma Statutes this title;
8
9 19. Arson in the first degree, as provided for in subsection A
9
1 0 of Section 1401 of Title 21 of the Oklahoma Statutes this title;
10
11 20. Arson while manufacturing, attempting to manufacture, or
11
1 2 endeavoring to manufacture a controlled dangerous substance, as
12
1 3 provided for in subsection B of Section 1401 of Title 21 of the
13
1 4 Oklahoma Statutes this title; and
14
15 21. Causing personal injury while committing an act of arson,
15
1 6 as provided for in Section 1405 of Title 21 of the Oklahoma Statutes
16
1 7 this title.
17
18 B. Any person convicted of a Class A3 criminal offense set
18
1 9 forth in this section shall be punished in accordance with the
19
2 0 corresponding penalties provided for in the Oklahoma Statutes.
20
21 SECTION 2. AMENDATORY Section 8, Chapter 366, O.S.L.
21
2 2 2024 (21 O.S. Supp. 2025, Section 20H), is amended to read as
22
2 3 follows:
23
24
24
Req. No. 2792 Page 4
1 Section 20H. A. Upon the effective date of this act On or
1
2 after January 1, 2026, Class B3 shall include the following criminal
2
3 offenses:
3
4 1. Embezzlement of state property by a public officer of the
4
5 state or any county, city, town, or member or officer of the
5
6 Legislature, deputy, or clerk, as provided for in Section 341 of
6
7 Title 21 of the Oklahoma Statutes this title;
7
8 2. Burning, destroying, or injuring any public building, as
8
9 provided for in Section 349 of Title 21 of the Oklahoma Statutes
9
1 0 this title;
10
11 3. Resisting or aiding in resisting the execution of process,
11
1 2 as provided for in Section 539 of Title 21 of the Oklahoma Statutes
12
1 3 this title;
13
14 4. Domestic abuse with a prior pattern of physical abuse, as
14
1 5 provided for in Section 644.1 of Title 21 of the Oklahoma Statutes
15
1 6 this title;
16
17 5. Assault, battery, or assault and battery upon an intimate
17
1 8 partner or a family or household member with any sharp or dangerous
18
1 9 weapon, as provided for in paragraph 1 of subsection D of Section
19
2 0 644 of Title 21 of the Oklahoma Statutes;
20
21 6. Assault and battery against a current or former intimate
21
2 2 partner or a family or household member that results in great bodily
22
2 3 injury to the victim, as provided for in subsection F of Section 644
23
2 4 of Title 21 of the Oklahoma Statutes this title;
24
Req. No. 2792 Page 5
1 7. 6. Second or subsequent conviction for assault and battery
1
2 by strangulation or attempted strangulation against an intimate
2
3 partner or a family or household member, as provided for in
3
4 subsection J of Section 644 of Title 21 of the Oklahoma Statutes
4
5 this title;
5
6 8. 7. Second or subsequent conviction for committing or
6
7 attempting to commit a felony while wearing body armor, as provided
7
8 for in Section 1289.26 of Title 21 of the Oklahoma Statutes this
8
9 title;
9
10 9. 8. Riotous assembly for the purpose of resisting the
10
1 1 execution of any statute or obstructing any public officer, as
11
1 2 provided for in paragraph 2 of Section 1312 of Title 21 of the
12
1 3 Oklahoma Statutes this title;
13
14 10. 9. Carrying at the time of a riot any firearm or other
14
1 5 deadly weapon or being disguised while participating in a riot, as
15
1 6 provided for in paragraph 3 of Section 1312 of Title 21 of the
16
1 7 Oklahoma Statutes this title;
17
18 11. 10. Directing, advising, encouraging, or soliciting other
18
1 9 persons to use force or violence while participating in a riot, as
19
2 0 provided for in paragraph 4 of Section 1312 of Title 21 of the
20
2 1 Oklahoma Statutes this title;
21
22 12. 11. Arson with the intent to injure or defraud the insurer,
22
2 3 as provided for in subsection B of Section 1403 of Title 21 of the
23
2 4 Oklahoma Statutes this title;
24
Req. No. 2792 Page 6
1 13. 12. Forgery in the first degree, as provided for in Section
1
2 1561 of Title 21 of the Oklahoma Statutes this title;
2
3 14. 13. Forgery of stock certificates or securities, as
3
4 provided for in Section 1562 of Title 21 of the Oklahoma Statutes
4
5 this title;
5
6 15. 14. Fraudulently uttering one's signature on any instrument
6
7 as that of another with the same name, as provided for in Section
7
8 1622 of Title 21 of the Oklahoma Statutes this title;
8
9 16. 15. Fraudulently uttering one's endorsement on any
9
1 0 negotiable instrument as that of another with the same name, as
10
1 1 provided for in Section 1623 of Title 21 of the Oklahoma Statutes
11
1 2 this title;
12
13 17. 16. Total or partial erasure or obliteration of any
13
1 4 instrument or writing with intent to defraud, as provided for in
14
1 5 Section 1624 of Title 21 of the Oklahoma Statutes this title;
15
16 18. 17. Signing fictitious name as an officer or agent of a
16
1 7 corporation, as provided for in Section 1626 of Title 21 of the
17
1 8 Oklahoma Statutes this title;
18
19 19. 18. Procuring, soliciting, selling, or receiving more than
19
2 0 ten (10) telephone records by fraudulent, deceptive, or false means,
20
2 1 as provided for in paragraph 3 of subsection B of Section 1742.2 of
21
2 2 Title 21 of the Oklahoma Statutes this title;
22
23
23
24
24
Req. No. 2792 Page 7
1 20. 19. Violating the Viatical Settlements Act of 2008, as
1
2 provided for in paragraph 1 of subsection F of Section 4055.14 of
2
3 Title 36 of the Oklahoma Statutes;
3
4 21. 20. Third or subsequent conviction of driving under the
4
5 influence of alcohol or other intoxicating substance, as provided
5
6 for in paragraph 4 of subsection C of Section 11-902 of Title 47 of
6
7 the Oklahoma Statutes;
7
8 22. 21. Driving under the influence with a blood or breath
8
9 alcohol concentration of fifteen-hundredths (0.15) or more, as
9
1 0 provided for in subsection D of Section 11-902 of Title 47 of the
10
1 1 Oklahoma Statutes;
11
12 23. 22. Injuring, destroying, or attempting to injure or
12
1 3 destroy any hazardous liquid transportation system, as provided for
13
1 4 in Section 47.6 of Title 52 of the Oklahoma Statutes;
14
15 24. 23. Bringing into or having in his or her possession in any
15
1 6 jail, state penal institution, or other place where prisoners are
16
1 7 located, any gun, knife, bomb, other dangerous instrument,
17
1 8 controlled dangerous substance, alcoholic beverage, money, or
18
1 9 financial documents, as provided for in subsection A of Section 21
19
2 0 of Title 57 of the Oklahoma Statutes;
20
21 25. 24. Purchasing or attempting to purchase, receive, or
21
2 2 otherwise acquire any product, mixture, or preparation containing
22
2 3 any detectable quantity of base pseudoephedrine or ephedrine after a
23
2 4 conviction of manufacturing or attempting to manufacture
24
Req. No. 2792 Page 8
1 methamphetamine, as provided for in paragraph 5 of subsection G of
1
2 Section 2-401 of Title 63 of the Oklahoma Statutes;
2
3 26. 25. Distributing, other than by dispensing, a Schedule I or
3
4 Schedule II controlled dangerous substance, in the course of
4
5 legitimate business, as provided for in paragraph 1 of subsection A
5
6 of Section 2-406 of Title 63 of the Oklahoma Statutes;
6
7 27. 26. Using a fictitious, revoked, suspended, or fraudulent
7
8 registration number in the course of manufacturing or distributing a
8
9 controlled dangerous substance, as provided for in paragraph 2 of
9
1 0 subsection A of Section 2-406 of Title 63 of the Oklahoma Statutes;
10
11 28. 27. Furnishing false or fraudulent material information in,
11
1 2 or omitting any material information from, any application, report,
12
1 3 or document required by the Uniform Controlled Dangerous Substances
13
1 4 Act, as provided for in paragraph 4 of subsection A of Section 2-406
14
1 5 of Title 63 of the Oklahoma Statutes;
15
16 29. 28. Making, distributing, or possessing any punch, die,
16
1 7 plate, stone, or other thing designed to print, imprint, or
17
1 8 reproduce the trademark, trade name, or other identifying mark, upon
18
1 9 any drug, container, or labeling, as provided for in paragraph 5 of
19
2 0 subsection A of Section 2-406 of Title 63 of the Oklahoma Statutes;
20
21 30. 29. Trafficking twenty-five (25) pounds or more of
21
2 2 marijuana, as provided for in subparagraph a of paragraph 1 of
22
2 3 subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes;
23
24
24
Req. No. 2792 Page 9
1 31. 30. Trafficking twenty-eight (28) grams or more of cocaine,
1
2 coca leaves, or cocaine base, as provided for in subparagraph a of
2
3 paragraph 2 of subsection C of Section 2-415 of Title 63 of the
3
4 Oklahoma Statutes;
4
5 32. 31. Trafficking three hundred (300) grams or more of
5
6 cocaine, coca leaves, or cocaine base, as provided for in
6
7 subparagraph b of paragraph 2 of subsection C of Section 2-415 of
7
8 Title 63 of the Oklahoma Statutes;
8
9 33. 32. Trafficking ten (10) grams or more of heroin, as
9
1 0 provided for in subparagraph a of paragraph 3 of subsection C of
10
1 1 Section 2-415 of Title 63 of the Oklahoma Statutes;
11
12 34. 33. Trafficking twenty (20) grams or more of amphetamine or
12
1 3 methamphetamine, as provided for in subparagraph a of paragraph 4 of
13
1 4 subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes;
14
15 35. 34. Trafficking two hundred (200) grams or more of
15
1 6 amphetamine or methamphetamine, as provided for in subparagraph b of
16
1 7 paragraph 4 of subsection C of Section 2-415 of Title 63 of the
17
1 8 Oklahoma Statutes;
18
19 36. 35. Trafficking one (1) gram or more of lysergic acid
19
2 0 diethylamide (LSD), as provided for in subparagraph a of paragraph 5
20
2 1 of subsection C of Section 2-415 of Title 63 of the Oklahoma
21
2 2 Statutes;
22
23
23
24
24
Req. No. 2792 Page 10
1 37. 36. Trafficking twenty (20) grams or more of phencyclidine
1
2 (PCP), as provided for in subparagraph a of paragraph 6 of
2
3 subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes;
3
4 38. 37. Trafficking thirty (30) tablets or ten (10) grams of
4
5 3,4-Methylenedioxy methamphetamine, as provided for in subparagraph
5
6 a of paragraph 7 of subsection C of Section 2-415 of Title 63 of the
6
7 Oklahoma Statutes;
7
8 39. 38. Aggravated trafficking one hundred (100) tablets or
8
9 thirty (30) grams of 3,4-Methylenedioxy methamphetamine, as provided
9
1 0 for in subparagraph b of paragraph 7 of subsection C of Section 2-
10
1 1 415 of Title 63 of the Oklahoma Statutes;
11
12 40. 39. Trafficking one thousand (1,000) grams or more of
12
1 3 morphine, as provided for in paragraph 8 of subsection C of Section
13
1 4 2-415 of Title 63 of the Oklahoma Statutes;
14
15 41. 40. Trafficking four hundred (400) grams or more of
15
1 6 oxycodone, as provided for in paragraph 9 of subsection C of Section
16
1 7 2-415 of Title 63 of the Oklahoma Statutes;
17
18 42. 41. Trafficking three thousand seven hundred fifty (3,750)
18
1 9 grams or more of hydrocodone, as provided for in paragraph 10 of
19
2 0 subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes;
20
21 43. 42. Trafficking five hundred (500) grams or more of
21
2 2 benzodiazepine, as provided for in paragraph 11 of subsection C of
22
2 3 Section 2-415 of Title 63 of the Oklahoma Statutes;
23
24
24
Req. No. 2792 Page 11
1 44. 43. Trafficking one (1) gram or more of fentanyl or
1
2 carfentanyl carfentanil, as provided for in subparagraph a of
2
3 paragraph 12 of subsection C of Section 2-415 of Title 63 of the
3
4 Oklahoma Statutes;
4
5 45. 44. Employing, hiring, or using an individual under fifteen
5
6 (15) years of age to unlawfully transport, carry, sell, give away,
6
7 prepare for sale, or peddle any controlled dangerous substance, as
7
8 provided for in subsection D of Section 2-419.1 of Title 63 of the
8
9 Oklahoma Statutes;
9
10 46. 45. Second or subsequent conviction for violating the
10
1 1 Vessel and Motor Chop Shop, Stolen and Altered Property Act, as
11
1 2 provided for in subsection J of Section 4253 of Title 63 of the
12
1 3 Oklahoma Statutes; and
13
14 47. 46. Third or subsequent conviction for violating the Vessel
14
1 5 and Motor Chop Shop, Stolen and Altered Property Act, as provided
15
1 6 for in subsection J of Section 4253 of Title 63 of the Oklahoma
16
1 7 Statutes.
17
18 B. Any person convicted of a Class B3 criminal offense set
18
1 9 forth in this section shall be punished in accordance with the
19
2 0 corresponding penalties provided for in the Oklahoma Statutes.
20
21 SECTION 3. AMENDATORY 21 O.S. 2021, Section 644, as last
21
2 2 amended by Section 1, Chapter 322, O.S.L. 2025 (21 O.S. Supp. 2025,
22
2 3 Section 644), is amended to read as follows:
23
24
24
Req. No. 2792 Page 12
1 Section 644. A. Assault shall, upon conviction, be punishable
1
2 by imprisonment in a county jail not exceeding thirty (30) ninety
2
3 (90) days, or by a fine of not more than Five Hundred Dollars
3
4 ($500.00), or by both such fine imprisonment and imprisonment fine.
4
5 B. Assault and battery shall, upon conviction, be punishable by
5
6 imprisonment in a county jail not exceeding ninety (90) days six (6)
6
7 months, or by a fine of not more than One Thousand Dollars
7
8 ($1,000.00), or by both such fine imprisonment and imprisonment
8
9 fine.
9
10 C. Any person who commits any assault and battery against a
10
1 1 current or former intimate partner or a family or household member
11
1 2 as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
12
1 3 shall be guilty of domestic abuse. Upon conviction, the defendant
13
1 4 shall be punished by imprisonment in the county jail for not more
14
1 5 than one (1) year, or by a fine not exceeding Five Thousand Dollars
15
1 6 ($5,000.00), or by both such fine imprisonment and imprisonment
16
1 7 fine. Upon conviction for a second or subsequent offense, the
17
1 8 person shall be punished guilty of a Class B5 felony offense
18
1 9 punishable by imprisonment in the custody of the Department of
19
2 0 Corrections for not more than four (4) years, or by a fine not
20
2 1 exceeding Five Thousand Dollars ($5,000.00), or by both such fine
21
2 2 imprisonment and imprisonment fine. The provisions of Section 51.1
22
2 3 of this title shall apply to any second or subsequent offense.
23
24
24
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1 D. 1. Any person who, with intent to do bodily harm and
1
2 without justifiable or excusable cause, commits any assault,
2
3 battery, or assault and battery upon an intimate partner or a family
3
4 or household member as defined by Section 60.1 of Title 22 of the
4
5 Oklahoma Statutes with any sharp or dangerous weapon, upon
5
6 conviction, is guilty of domestic assault or domestic assault and
6
7 battery with a dangerous weapon which shall be a felony and
7
8 punishable by imprisonment in the custody of the Department of
8
9 Corrections not exceeding ten (10) years, or by imprisonment in a
9
1 0 county jail not exceeding one (1) year. The provisions of Section
10
1 1 51.1 of this title shall apply to any second or subsequent
11
1 2 conviction for a violation of this paragraph.
12
13 2. Any person who, with intent to do bodily harm and without
13
1 4 such justifiable or excusable cause, shoots commits any assault and
14
1 5 battery upon an intimate partner or a family or household member as
15
1 6 defined by Section 60.1 of Title 22 of the Oklahoma Statutes by
16
1 7 means of any deadly weapon or by such other means or force that is
17
1 8 likely to produce death shall, upon conviction, be guilty of
18
1 9 domestic assault and battery with a deadly weapon which shall be a
19
2 0 Class A3 felony offense punishable by imprisonment in the custody of
20
2 1 the Department of Corrections not exceeding life. The provisions of
21
2 2 Section 51.1 of this title shall apply to any second or subsequent
22
2 3 conviction for a violation of this paragraph subsection.
23
24
24
Req. No. 2792 Page 14
1 E. 1. Any person convicted of domestic abuse committed against
1
2 a pregnant woman with knowledge of the pregnancy shall be guilty of
2
3 a Class B5 felony offense, punishable by imprisonment in the custody
3
4 of the Department of Corrections for not more than five (5) years.
4
5 2. Any person convicted of a second or subsequent offense of
5
6 domestic abuse against a pregnant woman with knowledge of the
6
7 pregnancy shall be guilty of a Class A3 felony, offense punishable
7
8 by imprisonment in the custody of the Department of Corrections for
8
9 not less than ten (10) years.
9
10 3. Any person convicted of domestic abuse committed against a
10
1 1 pregnant woman with knowledge of the pregnancy and a miscarriage
11
1 2 occurs or injury to the unborn child occurs shall, upon conviction,
12
1 3 be guilty of a Class A1 felony, offense punishable by imprisonment
13
1 4 in the custody of the Department of Corrections for not less than
14
1 5 twenty (20) years.
15
16 F. Any person convicted of domestic abuse as defined in
16
1 7 subsection C of this section that results in great bodily injury to
17
1 8 the victim shall, upon conviction, be guilty of a Class B3 felony
18
1 9 and punished offense punishable by imprisonment in the custody of
19
2 0 the Department of Corrections for not more than ten (10) years, or
20
2 1 by imprisonment in the county jail for not more than one (1) year.
21
2 2 The provisions of Section 51.1 of this title shall apply to any
22
2 3 second or subsequent conviction of a violation of this subsection.
23
24
24
Req. No. 2792 Page 15
1 G. Any person convicted of domestic abuse as defined in
1
2 subsection C of this section that was committed in the presence of a
2
3 child shall be punished by imprisonment in the county jail for not
3
4 less than six (6) months nor more than one (1) year, or by a fine
4
5 not exceeding Five Thousand Dollars ($5,000.00), or by both such
5
6 fine imprisonment and imprisonment fine. Any person convicted of a
6
7 second or subsequent domestic abuse as defined in subsection C of
7
8 this section that was committed in the presence of a child shall be
8
9 punished guilty of a Class B5 felony offense punishable by
9
1 0 imprisonment in the custody of the Department of Corrections for not
10
1 1 less than one (1) year nor more than five (5) years, or by a fine
11
1 2 not exceeding Seven Thousand Dollars ($7,000.00), or by both such
12
1 3 fine imprisonment and imprisonment fine. The provisions of Section
13
1 4 51.1 of this title shall apply to any second or subsequent offense.
14
1 5 For every conviction of a domestic abuse crime in violation of any
15
1 6 provision of this section committed against an intimate partner or a
16
1 7 family or household member as defined by Section 60.1 of Title 22 of
17
1 8 the Oklahoma Statutes, the court shall:
18
19 1. Specifically order as a condition of a suspended or deferred
19
2 0 sentence that a defendant undergo treatment to bring about the
20
2 1 cessation of domestic abuse as specified in paragraph 2 of this
21
2 2 subsection;
22
23 2. a. The court shall require the defendant to complete an
23
24 assessment and follow the recommendations of a
24
Req. No. 2792 Page 16
1 batterers' intervention program to attend a fifty-two-
1
2 week batterers' intervention program or a pilot
2
3 batterers' intervention program, if available,
3
4 certified by the Attorney General.
4
5 b. If the defendant participates in a batterers'
5
6 intervention program, the program shall require the
6
7 defendant to attend for a minimum of fifty-two (52)
7
8 weeks, complete the program, and be evaluated before
8
9 and after attendance of the program by program staff.
9
10 Three unexcused absences in succession or seven
10
11 unexcused absences in a period of fifty-two (52) weeks
11
12 from any court-ordered batterers' intervention program
12
13 shall be prima facie evidence of the violation of the
13
14 conditions of probation for the district attorney to
14
15 seek acceleration or revocation of any probation
15
16 entered by the court.
16
17 c. To investigate the effectiveness of additional
17
18 batterers' intervention models, the Attorney General,
18
19 beginning February 1, 2026, may certify two pilot
19
20 batterers' intervention programs for a period of
20
21 thirty-six (36) months located in Oklahoma and Tulsa
21
22 Counties. Proposals for certification as a pilot
22
23 batterers' intervention program may be approved only
23
24 if made by an organization that was dually certified
24
Req. No. 2792 Page 17
1 as a batterers' intervention program and a domestic
1
2 violence and sexual assault program on or before
2
3 January 1, 2025, or by an organization certified as a
3
4 batterers' intervention program on or before January
4
5 1, 2025, pursuant to a written agreement with an
5
6 organization certified as a domestic violence and
6
7 sexual assault program on or before January 1, 2025.
7
8 Treatment provided through a pilot batterers'
8
9 intervention program shall be evidence-based and shall
9
10 be a minimum of twenty-six (26) weeks' duration.
10
11 Participation in a pilot batterers' intervention
11
12 program shall be limited to fifty participants at any
12
13 given time. Pilot batterers' intervention programs
13
14 shall be self-funded, including any fees which may be
14
15 charged to the participants; provided, however, state
15
16 or federal funding may continue for domestic violence
16
17 and sexual abuse programs.
17
18 d. The Office of the Attorney General shall promulgate
18
19 rules for pilot batterers' intervention programs in
19
20 consultation with domestic violence and batterers'
20
21 intervention programs or advocacy organizations.
21
22 The Attorney General shall establish within his or her
22
23 administrative rules a screening and referral process
23
24 to review referrals to the pilot batterers'
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Req. No. 2792 Page 18
1 intervention programs; provided, however, individuals
1
2 convicted of domestic abuse with a dangerous weapon or
2
3 domestic abuse by strangulation shall not be eligible
3
4 to participate in the pilot program. The Attorney
4
5 General shall require reporting of data necessary for
5
6 evaluation of the pilot programs. The pilot programs
6
7 shall provide the Attorney General with annual updates
7
8 and at the end of a pilot program term, a formal
8
9 evaluation shall be done by a third party agreed upon
9
10 by the Attorney General and the pilot program
10
11 operator.
11
12 e. All participants in the pilot program shall be subject
12
13 to a validated risk assessment conducted by a
13
14 qualified professional. The results of the assessment
14
15 shall be used to determine program placement based on
15
16 the level of risk and individual circumstances.
16
17 Participation in any shared or joint setting by both
17
18 the survivor and the individual who has caused harm
18
19 shall be prohibited under a pilot program. The
19
20 Attorney General shall adopt rules to implement this
20
21 subparagraph, including standards for risk assessment
21
22 tools and differentiated response models.
22
23 f. The Attorney General may provide by rule for extension
23
24 of no more than twenty-four (24) months beyond thirty-
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Req. No. 2792 Page 19
1 six (36) months of a pilot batterers' intervention
1
2 program if recommended by the third-party evaluator.
2
3 g. Pilot batterers' intervention programs shall:
3
4 (1) prioritize survivors' well-being in every part of
4
5 the pilot program including screening,
5
6 participation, reporting, and evaluation,
6
7 (2) ensure that batterers' intervention programs use
7
8 appropriate intervention strategies to assist the
8
9 batterer in fostering the appropriate skills to:
9
10 (a) stop the violence committed by the batterer,
10
11 (b) accept personal accountability for battering
11
12 and personal responsibility for the decision
12
13 to stop or not to stop battering, and
13
14 (c) change the existing attitudes and beliefs of
14
15 the batterer that support the coercive
15
16 behavior of the batterer,
16
17 (3) address all forms of battering,
17
18 (4) be culturally informed and provide culturally
18
19 appropriate services to all participants,
19
20 (5) provide services that are affordable and
20
21 accessible for participants, including
21
22 participants with disabilities and limited
22
23 English proficiency,
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24
24
Req. No. 2792 Page 20
1 (6) provide a uniform standard for evaluating the
1
2 performance of a batterers' intervention program,
2
3 (7) be informed by evidence-based practice, research,
3
4 and proven field experience, including risk
4
5 assessment, that enhances victim safety,
5
6 (8) foster local and statewide communication and
6
7 interaction between and among batterers'
7
8 intervention programs and victim advocacy
8
9 programs, and
9
10 (9) ensure that batterers' intervention programs
10
11 operate as an integrated part of the wider
11
12 community response to battering.
12
13 h. A program for anger management, couples counseling, or
13
14 family and marital counseling shall not solely qualify
14
15 for the treatment requirement for domestic abuse
15
16 pursuant to this subsection. The counseling may be
16
17 ordered in addition to the treatment of domestic abuse
17
18 or per evaluation as set forth below. If, after
18
19 sufficient evaluation and attendance at required
19
20 treatment sessions, the domestic violence treatment
20
21 program determines that the defendant does not
21
22 evaluate as a perpetrator of domestic violence or does
22
23 evaluate as a perpetrator of domestic violence and
23
24 should complete other programs of treatment
24
Req. No. 2792 Page 21
1 simultaneously or prior to or subsequent to domestic
1
2 violence treatment, including, but not limited to,
2
3 programs related to the mental health, apparent
3
4 substance or alcohol abuse or inability or refusal to
4
5 manage anger, the defendant shall be ordered to
5
6 complete the counseling as per the recommendations of
6
7 the domestic violence treatment program;
7
8 3. a. The court shall set a review hearing no more than one
8
9 hundred twenty (120) days after the defendant is
9
10 ordered to undergo treatment for domestic abuse to
10
11 assure the attendance and compliance of the defendant
11
12 with the provisions of this subsection. The court may
12
13 delay sentencing of the defendant until the defendant
13
14 has presented proof to the court of enrollment in a
14
15 domestic abuse treatment program certified by the
15
16 Attorney General and attendance at weekly sessions of
16
17 such program. Such proof shall be presented to the
17
18 court by the defendant no later than one hundred
18
19 twenty (120) days after the defendant is ordered to
19
20 such treatment. At such time, the court may complete
20
21 sentencing, beginning the period of the sentence from
21
22 the date that proof of enrollment is presented to the
22
23 court, and schedule reviews as required by
23
24 subparagraphs a this subparagraph and subparagraph b
24
Req. No. 2792 Page 22
1 of this paragraph and paragraphs 4 and 5 of this
1
2 subsection. Three unexcused absences in succession or
2
3 seven unexcused absences in a period of fifty-two (52)
3
4 weeks from any court-ordered treatment program shall
4
5 be prima facie evidence of the violation of the
5
6 conditions of probation for the district attorney to
6
7 seek acceleration or revocation of any probation
7
8 entered by the court.
8
9 b. The court shall set a second review hearing after the
9
10 completion of the treatment to assure the attendance
10
11 and compliance of the defendant with the provisions of
11
12 this subsection and the treatment requirements. The
12
13 court shall retain continuing jurisdiction over the
13
14 defendant during the course of ordered counseling
14
15 through the final review hearing;
15
16 4. The court may set subsequent or other review hearings as the
16
1 7 court determines necessary to assure the defendant attends and fully
17
1 8 complies with the provisions of this subsection and the treatment
18
1 9 requirements;
19
20 5. At any review hearing, if the defendant is not
20
2 1 satisfactorily attending a treatment program or is not in compliance
21
2 2 with treatment requirements, the court may order the defendant to
22
2 3 further or continue treatment or other necessary services. The
23
2 4 court may revoke all or any part of a suspended sentence, deferred
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Req. No. 2792 Page 23
1 sentence, or probation pursuant to Section 991b of Title 22 of the
1
2 Oklahoma Statutes and subject the defendant to any or all remaining
2
3 portions of the original sentence;
3
4 6. At the first review hearing, the court shall require the
4
5 defendant to appear in court. Thereafter, for any subsequent review
5
6 hearings, the court may accept a report on the progress of the
6
7 defendant from the treatment program. There shall be no requirement
7
8 for the victim to attend review hearings; and
8
9 7. If funding is available, a referee may be appointed and
9
1 0 assigned by the presiding judge of the district court to hear
10
1 1 designated cases set for review under this subsection. Reasonable
11
1 2 compensation for the referees shall be fixed by the presiding judge.
12
1 3 The referee shall meet the requirements and perform all duties in
13
1 4 the same manner and procedure as set forth in Sections 1-8-103 and
14
1 5 2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
15
1 6 appointed in juvenile proceedings.
16
17 The defendant may be required to pay all or part of the cost of
17
1 8 the treatment, in the discretion of the court.
18
19 H. As used in subsection G of this section, "in the presence of
19
2 0 a child" means in the physical presence of a child; or having
20
2 1 knowledge that a child is present and may see or hear an act of
21
2 2 domestic violence. For the purposes of subsections C and subsection
22
2 3 G of this section, "child" may be any child whether or not related
23
2 4 to the victim or the defendant.
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Req. No. 2792 Page 24
1 I. For the purposes of subsections C and G of this section, any
1
2 conviction for assault and battery against an intimate partner or a
2
3 family or household member as defined by Section 60.1 of Title 22 of
3
4 the Oklahoma Statutes shall constitute a sufficient basis for a
4
5 felony charge:
5
6 1. If that conviction is rendered in any state, county, or
6
7 parish court of record of this or any other state; or
7
8 2. If that conviction is rendered in any municipal court of
8
9 record of this or any other state for which any jail time was
9
1 0 served; provided, no conviction in a municipal court of record
10
1 1 entered prior to November 1, 1997, shall constitute a prior
11
1 2 conviction for purposes of a felony charge.
12
13 J. Any person who commits any assault and battery by
13
1 4 strangulation or attempted strangulation against an intimate partner
14
1 5 or a family or household member as defined by Section 60.1 of Title
15
1 6 22 of the Oklahoma Statutes shall, upon conviction, be guilty of a
16
1 7 Class B5 felony offense of domestic abuse by strangulation and shall
17
1 8 be punished punishable by imprisonment in the custody of the
18
1 9 Department of Corrections for a period of not less than one (1) year
19
2 0 nor more than three (3) years, or by a fine of not more than Three
20
2 1 Thousand Dollars ($3,000.00), or by both such fine imprisonment and
21
2 2 imprisonment fine. Upon a second or subsequent conviction for a
22
2 3 violation of this section, the defendant shall be punished guilty of
23
2 4 a Class B3 felony punishable by imprisonment in the custody of the
24
Req. No. 2792 Page 25
1 Department of Corrections for a period of not less than three (3)
1
2 years nor more than ten (10) years, or by a fine of not more than
2
3 Twenty Thousand Dollars ($20,000.00), or by both such fine
3
4 imprisonment and imprisonment fine. The provisions of Section 51.1
4
5 of this title shall apply to any second or subsequent conviction of
5
6 a violation of this subsection. As used in this subsection,
6
7 "strangulation" means any form of asphyxia; including, but not
7
8 limited to, asphyxia characterized by closure of the blood vessels
8
9 or air passages of the neck as a result of external pressure on the
9
1 0 neck or the closure of the nostrils or mouth as a result of external
10
1 1 pressure on the head.
11
12 K. Any district court of this state and any judge thereof shall
12
1 3 be immune from any liability or prosecution for issuing an order
13
1 4 that requires a defendant to:
14
15 1. Attend a treatment program for domestic abusers certified by
15
1 6 the Attorney General;
16
17 2. Attend counseling or treatment services ordered as part of
17
1 8 any suspended or deferred sentence or probation; and
18
19 3. Attend, complete, and be evaluated before and after
19
2 0 attendance by a treatment program for domestic abusers, certified by
20
2 1 the Attorney General.
21
22 L. There shall be no charge of fees or costs to any victim of
22
2 3 domestic violence, stalking, or sexual assault in connection with
23
24
24
Req. No. 2792 Page 26
1 the prosecution of a domestic violence, stalking, or sexual assault
1
2 offense in this state.
2
3 M. In the course of prosecuting any charge of domestic abuse,
3
4 stalking, harassment, rape, or violation of a protective order, the
4
5 prosecutor shall provide the court, prior to sentencing or any plea
5
6 agreement, a local history and any other available history of past
6
7 convictions of the defendant within the last ten (10) years relating
7
8 to domestic abuse, stalking, harassment, rape, violation of a
8
9 protective order, or any other violent misdemeanor or felony
9
1 0 convictions.
10
11 N. Any plea of guilty or finding of guilt for a violation of
11
1 2 subsection C, F, G, I, or J of this section shall constitute a
12
1 3 conviction of the offense for the purpose of this act section or any
13
1 4 other criminal statute under which the existence of a prior
14
1 5 conviction is relevant for a period of ten (10) years following the
15
1 6 completion of any court imposed probationary term; provided, the
16
1 7 person has not, in the meantime, been convicted of a misdemeanor
17
1 8 involving moral turpitude or a felony.
18
19 O. For purposes of subsection F of this section, "great bodily
19
2 0 injury" means bone fracture,; protracted and obvious disfigurement,;
20
2 1 protracted loss or impairment of the function of a body part, organ,
21
2 2 or mental faculty,; prolonged pain or significant discomfort;
22
2 3 concussion; injuries to more than ten percent (10%) of the body
23
24
24
Req. No. 2792 Page 27
1 including, but not limited to, bruises, swelling, scratches, and
1
2 scrapes, in the presence of a minor; or substantial risk of death.
2
3 P. Any pleas of guilty or nolo contendere or finding of guilt
3
4 to a violation of any provision of this section shall constitute a
4
5 conviction of the offense for the purpose of any subsection of this
5
6 section under which the existence of a prior conviction is relevant
6
7 for a period of ten (10) years following the completion of any
7
8 sentence or court imposed probationary term.
8
9 SECTION 4. REPEALER 21 O.S. 2021, Section 644, as last
9
1 0 amended by Section 1, Chapter 147, O.S.L. 2025 (21 O.S. Supp. 2025,
10
1 1 Section 644), is hereby repealed.
11
12 SECTION 5. REPEALER 21 O.S. 2021, Section 644, as last
12
1 3 amended by Section 2, Chapter 162, O.S.L. 2025 (21 O.S. Supp. 2025,
13
1 4 Section 644), is hereby repealed.
14
15 SECTION 6. REPEALER 21 O.S. 2021, Section 644, as last
15
1 6 amended by Section 3, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
16
1 7 Section 644), is hereby repealed.
17
18 SECTION 7. This act shall become effective November 1, 2026.
18
19
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20 60-2-2792 CN 12/17/2025 11:29:09 AM
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Req. No. 2792 Page 28Every fact on this page links to its source, starting with the official bill record.