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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1973 By: Murdock
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Crime Victims
7 Compensation Act; amending 21 O.S. 2021, Section
8 142.3, which relates to definitions; modifying
8 definition of allowable expense; and providing an
9 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 142.3, is
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14 amended to read as follows:
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15 Section 142.3. As used in the Oklahoma Crime Victims
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16 Compensation Act, Section 142.1 et seq. of this title:
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17 1. "Allowable expense" means:
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18 a. charges incurred for needed products, services and
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19 accommodations, including, but not limited to, medical
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20 care, wage loss, rehabilitation, rehabilitative
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21 occupational training and other remedial treatment and
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22 care,
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23 b. any reasonable expenses related to the funeral,
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24 cremation or burial,
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1 c. reasonable costs for counseling family members of a
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2 homicide victim,
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3 d. reasonable costs associated with homicide crime scene
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4 cleanup, and
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5 e. reasonable cost of vehicle impound fees associated
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6 with the collection and security of crime scene
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7 evidence, and
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8 f. educational expenses which may include, but not be
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9 limited to, tuition and fees at a private school in
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10 this state, tuition for a career and technology
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11 program at a technology center school district in this
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12 state, tuition and fees for courses at a public or
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13 private institution of higher education in this state,
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14 and cost of academic tutoring services provided by an
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15 individual or a private academic tutoring facility in
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16 this state;
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17 2. "Board" means the Crime Victims Compensation Board created
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18 by Section 142.4 of this title;
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19 3. "Claimant" means any of the following persons applying for
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20 compensation under the Crime Victims Compensation Act:
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21 a. a victim,
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22 b. a dependent of a victim who has died because of
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23 criminally injurious conduct, or
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1 c. a person authorized to act on behalf of any of the
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2 persons enumerated in subparagraphs a and b of this
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3 paragraph;
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4 4. "Collateral source" means a source of benefits or advantages
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5 for economic loss for which the claimant would otherwise be eligible
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6 to receive compensation under this act, and which the claimant has
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7 received, or which is readily available to the claimant, from any
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8 one or more of the following:
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9 a. the offender,
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10 b. the government of the United States or any agency
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11 thereof, in the form of benefits, such as social
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12 security, Medicare and Medicaid, a state or any of its
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13 political subdivisions or an instrumentality or two or
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14 more states, unless the law providing for the benefits
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15 or advantages makes them excessive or secondary to
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16 benefits under this act,
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17 c. state-required temporary nonoccupational disability
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18 insurance,
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19 d. workers' compensation,
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20 e. wage continuation programs of any employer,
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21 f. a contract providing prepaid hospital and other health
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22 care services or benefits for disability,
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23 g. a contract providing prepaid burial expenses or
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24 benefits, or
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1 h. proceeds of any contract of insurance payable to the
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2 claimant for loss which the victim sustained because
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3 of the criminally injurious conduct, except:
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4 (1) life insurance proceeds or uninsured motorist
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5 proceeds in an amount of Fifty Thousand Dollars
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6 ($50,000.00) or less shall not be considered a
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7 collateral source when computing loss of support,
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8 and
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9 (2) life insurance proceeds and proceeds from
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10 personal uninsured motorist coverage of any
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11 amount shall not be considered a collateral
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12 source for computing burial expenses;
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13 5. a. "Criminally injurious conduct" means a misdemeanor or
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14 felony which occurs or is attempted in this state, or
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15 against a resident of this state in a state that does
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16 not have an eligible crime victims compensation
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17 program as such term is defined in the federal Victims
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18 of Crime Act of 1984, Public Law 98-473, that results
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19 in bodily injury, threat of bodily injury or death to
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20 a victim which:
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21 (1) may be punishable by fine, imprisonment or death,
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22 or
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1 (2) if the act is committed by a child, could result
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2 in such child being adjudicated a delinquent
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3 child.
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4 b. Such term shall not include acts arising out of the
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5 negligent maintenance or use of a motor vehicle
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6 unless:
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7 (1) the vehicle was operated or driven by the
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8 offender while under the influence of alcohol,
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9 with a blood alcohol level in excess of the legal
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10 limit, or while under the influence of any other
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11 intoxicating substance,
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12 (2) the vehicle was operated or driven by the
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13 offender with the intent to injure or kill the
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14 victim or in a manner imminently dangerous to
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15 another person and evincing a depraved mind,
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16 although without any premeditated design to
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17 injure or effect the death of any particular
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18 person,
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19 (3) the offense involved willful, malicious or
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20 felonious failure to stop after being involved in
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21 a personal injury accident to avoid detection or
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22 prosecution, provided the victim of the accident
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23 was a pedestrian or was operating a vehicle moved
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1 solely by human power or a mobility device at the
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2 time of contact, or
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3 (4) the offense involving one or more vehicles
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4 results in the death of the victim due to the
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5 reckless disregard for the safety of others by
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6 the offender. As used in this division,
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7 "reckless disregard for the safety of others" is
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8 defined as the omission to do something which a
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9 reasonably careful person would do, or the lack
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10 of the usual and ordinary care and caution in the
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11 performance of an act usually and ordinarily
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12 exercised by a person under similar circumstances
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13 and conditions.
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14 c. "Criminally injurious conduct" shall include an act of
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15 terrorism, as defined in Section 2331 of Title 18,
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16 United States Code, committed outside the United
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17 States;
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18 6. "Dependent" means a natural person wholly or partially
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19 dependent upon the victim for care or support, and includes a child
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20 of the victim born after the death of the victim where the death
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21 occurred as a result of criminally injurious conduct;
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22 7. "Economic loss of a dependent" means loss after death of the
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23 victim of contributions of things of economic value to the
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1 dependent, not including services which would have been received
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2 from the victim if he or she had not suffered the fatal injury;
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3 8. "Replacement services loss of dependent" means the loss
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4 reasonably incurred by dependents after death of the victim in
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5 obtaining ordinary and necessary services in lieu of those the
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6 deceased victim would have performed for their benefit had the
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7 deceased victim not suffered the fatal injury, less expenses of the
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8 dependent avoided by reason of death of the victim and not
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9 subtracted in calculating the economic loss of the dependent;
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10 9. "Economic loss" means monetary detriment consisting only of
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11 allowable expense, work loss, replacement services loss and, if
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12 injury causes death, economic loss and replacement services loss of
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13 a dependent, but shall not include noneconomic loss;
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14 10. "Noneconomic detriment" means pain, suffering,
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15 inconvenience, physical impairment and nonpecuniary damage;
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16 11. "Replacement services loss" means expenses reasonably
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17 incurred in obtaining ordinary and necessary services in lieu of
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18 those the victim would have performed, not for income, but for the
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19 benefit of self or family, if the victim had not been injured or
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20 died;
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21 12. "Traffic offense" means violation of a law relating to the
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22 operation of vehicles, but shall not mean negligent homicide due to
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23 operation of a motor vehicle, reckless driving, tampering with or
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24 damaging a motor vehicle, failure of a driver of a motor vehicle
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1 involved in an accident resulting in death or personal injury to
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2 stop at the scene of the accident, leaving the scene of an accident
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3 resulting in death or personal injury, operating or being in actual
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4 physical control of a motor vehicle while intoxicated or impaired
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5 due to alcohol or other intoxicating substance, or combination
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6 thereof, or operating a motor vehicle with a blood alcohol content
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7 in excess of the legal limit;
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8 13. "Work loss for victim" means loss of income from work the
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9 victim would have performed if such person had not been injured or
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10 died, reduced by any income from substitute work actually performed
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11 by the victim or by income the victim would have earned in available
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12 appropriate substitute work that the victim was capable of
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13 performing but unreasonably failed to undertake, or loss of income
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14 from work the victim's caregiver would have performed if the
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15 injuries of the victim sustained as a result of the criminally
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16 injurious conduct had not created the need for the caregiver to miss
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17 work to care for the injured victim; and
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18 14. "Victim" means a person who suffers personal injury or
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19 death as a result of criminally injurious conduct and shall include
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20 a resident of this state who is injured or killed by an act of
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21 terrorism committed outside of the United States.
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22 SECTION 2. This act shall become effective November 1, 2026.
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24 60-2-2665 TEK 1/15/2026 9:20:30 AM
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Req. No. 2665 Page 8Every fact on this page links to its source, starting with the official bill record.