Bill > HB2702

This bill clarifies the circumstances under which defensive force, including deadly force, can be used in Oklahoma, specifically expanding the definition of an unlawful and forcible entry to include situations where someone enters a dwelling, occupied vehicle, or business by deception with violent intent, or attempts to remove another person from these locations by force or deception. It maintains the presumption that a person using defensive force reasonably feared imminent death or great bodily harm if the intruder was unlawfully and forcefully entering or had entered, or if they entered by deception with violent intent, or if someone was being forcibly removed. The bill also reiterates that individuals attacked in places they have a right to be do not have a duty to retreat and can use necessary force, including deadly force, to prevent death, great bodily harm, or a forcible felony. Furthermore, it clarifies that individuals using force as permitted by these provisions are immune from criminal prosecution and civil action, and if sued civilly, are entitled to recover attorney fees and other expenses if found immune. The bill also specifies that a law enforcement agency cannot arrest someone for using force unless there is probable cause that the force used was unlawful, and it defines "dwelling," "residence," and "vehicle" for the purposes of these provisions.