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OK HB2988

OK HB2988
Crimes and punishments; expanding right to use deadly force; effective date.


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

2012 Regular Session

Bill Summary

Crimes and punishments; expanding right to use deadly force; effective date.

AI Summary

This bill expands the right to use deadly force in Oklahoma by including "places of worship" alongside homes, businesses, and occupied vehicles as locations where a person is presumed to have a reasonable fear of imminent death or great bodily harm when using defensive force against an intruder. This presumption applies if the intruder is unlawfully and forcefully entering or attempting to remove someone from these locations, and the person using force knows or has reason to believe such an unlawful act is occurring. The bill clarifies that this presumption does not apply if the intruder has a right to be there (unless a domestic violence protective order is in effect), if the intruder is a child or grandchild, or if the person using force is engaged in unlawful activity. It also reiterates that individuals attacked in places they have a lawful right to be have no duty to retreat and can use deadly force if reasonably necessary to prevent death, great bodily harm, or a forcible felony. Furthermore, the bill provides immunity from criminal prosecution and civil action for using justified defensive force and mandates that defendants in civil suits be awarded attorney fees and costs if found immune. The definition of "place of worship" is added to clarify its inclusion.

Committee Categories

Justice

Sponsors (10)

Last Action

Pending coauthorship Representative(s) Kern (on 03/20/2012)

bill text


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