Bill Text For HB2632 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             2nd Session of the 56th Legislature (2018)                |
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 4|COMMITTEE SUBSTITUTE                                                   |
  |FOR                                                                    |
 5|HOUSE BILL NO. 2632                  By: Babinec, Ritze, Montgomery,   |
  |                                         Humphrey and Roberts (Sean)   |
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 9|                        COMMITTEE SUBSTITUTE                           |
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10|       An Act relating to firearms; amending 21 O.S. 2011,             |
  |       Section 1289.25, as amended by Section 2, Chapter               |
11|       266, O.S.L. 2017 (21 O.S. Supp. 2017, Section                   |
  |       1289.25), which relates to the use of deadly force;             |
12|       expanding right to use deadly force at certain                  |
  |       places; defining term; and providing an effective               |
13|       date.                                                           |
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16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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17|    SECTION 1.     AMENDATORY     21 O.S. 2011, Section 1289.25, as    |
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18|amended by Section 2, Chapter 266, O.S.L. 2017 (21 O.S. Supp. 2017,    |
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19|Section 1289.25), is amended to read as follows:                       |
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20|    Section 1289.25                                                    |
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21|              PHYSICAL OR DEADLY FORCE AGAINST INTRUDER                |
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22|    A.  The Legislature hereby recognizes that the citizens of the     |
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23|State of Oklahoma have a right to expect absolute safety within        |
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24|their own homes or, places of business or places of worship.           |
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arsid725192 HB2632 HFLR                                            Page 1
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 1|    B.  A person or an owner, manager or employee of a business is     |
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 2|presumed to have held a reasonable fear of imminent peril of death     |
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 3|or great bodily harm to himself or herself or another when using       |
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 4|defensive force that is intended or likely to cause death or great     |
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 5|bodily harm to another if:                                             |
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 6|    1.  The person against whom the defensive force was used was in    |
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 7|the process of unlawfully and forcefully entering, or had unlawfully   |
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 8|and forcibly entered, a dwelling, residence, occupied vehicle, or a    |
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 9|place of business or place of worship, or if that person had removed   |
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10|or was attempting to remove another against the will of that person    |
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11|from the dwelling, residence, occupied vehicle, or place of business   |
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12|or place of worship; and                                               |
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13|    2.  The person who uses defensive force knew or had reason to      |
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14|believe that an unlawful and forcible entry or unlawful and forcible   |
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15|act was occurring or had occurred.                                     |
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16|    C.  The presumption set forth in subsection B of this section      |
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17|does not apply if:                                                     |
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18|    1.  The person against whom the defensive force is used has the    |
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19|right to be in or is a lawful resident of the dwelling, residence,     |
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20|or vehicle, such as an owner, lessee, or titleholder, and there is     |
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21|not a protective order from domestic violence in effect or a written   |
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22|pretrial supervision order of no contact against that person;          |
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23|    2.  The person or persons sought to be removed are children or     |
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24|grandchildren, or are otherwise in the lawful custody or under the     |
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arsid725192 HB2632 HFLR                                            Page 2
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 1|lawful guardianship of, the person against whom the defensive force    |
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 2|is used; or                                                            |
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 3|    3.  The person who uses defensive force is engaged in an           |
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 4|unlawful activity or is using the dwelling, residence, occupied        |
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 5|vehicle, or place of business or place of worship to further an        |
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 6|unlawful activity.                                                     |
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 7|    D.  A person who is not engaged in an unlawful activity and who    |
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 8|is attacked in any other place where he or she has a right to be has   |
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 9|no duty to retreat and has the right to stand his or her ground and    |
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10|meet force with force, including deadly force, if he or she            |
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11|reasonably believes it is necessary to do so to prevent death or       |
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12|great bodily harm to himself or herself or another or to prevent the   |
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13|commission of a forcible felony.                                       |
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14|    E.  A person who unlawfully and by force enters or attempts to     |
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15|enter the dwelling, residence, occupied vehicle of another person,     |
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16|or a place of business or place of worship is presumed to be doing     |
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17|so with the intent to commit an unlawful act involving force or        |
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18|violence.                                                              |
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19|    F.  A person who uses defensive force, as permitted pursuant to    |
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20|the provisions of subsections B and D of this section, is justified    |
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21|in using such defensive force and is immune from criminal              |
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22|prosecution and civil action for the use of such defensive force.      |
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23|As used in this subsection, the term "criminal prosecution" includes   |
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24|charging or prosecuting the defendant.                                 |
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arsid725192 HB2632 HFLR                                            Page 3
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 1|    G.  A law enforcement agency may use standard procedures for       |
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 2|investigating the use of defensive force, but the law enforcement      |
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 3|agency may not arrest the person for using defensive force unless it   |
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 4|determines that there is probable cause that the defensive force       |
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 5|that was used was unlawful.                                            |
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 6|    H.  The court shall award reasonable attorney fees, court costs,   |
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 7|compensation for loss of income, and all expenses incurred by the      |
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 8|defendant in defense of any civil action brought by a plaintiff if     |
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 9|the court finds that the defendant is immune from prosecution as       |
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10|provided in subsection F of this section.                              |
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11|    I.  The provisions of this section and the provisions of the       |
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12|Oklahoma Self-Defense Act shall not be construed to require any        |
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13|person using a weapon pursuant to the provisions of this section to    |
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14|be licensed in any manner.                                             |
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15|    J.  A person pointing a weapon at a perpetrator in self-defense    |
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16|or in order to thwart, stop or deter a forcible felony or attempted    |
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17|forcible felony shall not be deemed guilty of committing a criminal    |
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18|act.                                                                   |
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19|    K.  As used in this section:                                       |
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20|    1.  "Defensive force" includes, but shall not be limited to,       |
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21|pointing a weapon at a perpetrator in self-defense or in order to      |
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22|thwart, stop or deter a forcible felony or attempted forcible          |
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23|felony;                                                                |
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arsid725192 HB2632 HFLR                                            Page 4
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 1|    2.  "Dwelling" means a building or conveyance of any kind,         |
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 2|including any attached porch, whether the building or conveyance is    |
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 3|temporary or permanent, mobile or immobile, which has a roof over      |
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 4|it, including a tent, and is designed to be occupied by people;        |
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 5|    3.  "Place of worship" means any space used for worship            |
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 6|services;                                                              |
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 7|    4.  "Residence" means a dwelling in which a person resides         |
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 8|either temporarily or permanently or is visiting as an invited         |
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 9|guest; and                                                             |
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10|    4. 5.  "Vehicle" means a conveyance of any kind, whether or not    |
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11|motorized, which is designed to transport people or property.          |
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12|    SECTION 2.  This act shall become effective November 1, 2018.      |
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14|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY, dated 02/14/2018 - DO     |
  |PASS, As Amended and Coauthored.                                       |
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arsid725192 HB2632 HFLR                                            Page 5
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