1| HOUSE OF REPRESENTATIVES - FLOOR VERSION | | | 2| STATE OF OKLAHOMA | | | 3| 2nd Session of the 56th Legislature (2018) | | | 4|COMMITTEE SUBSTITUTE | |FOR | 5|HOUSE BILL NO. 2632 By: Babinec, Ritze, Montgomery, | | Humphrey and Roberts (Sean) | 6| | | | 7| | | | 8| | | | 9| COMMITTEE SUBSTITUTE | | | 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. | | | 14| | | | 15| | | | 16|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 17| SECTION 1. AMENDATORY 21 O.S. 2011, Section 1289.25, as | | | 18|amended by Section 2, Chapter 266, O.S.L. 2017 (21 O.S. Supp. 2017, | | | 19|Section 1289.25), is amended to read as follows: | | | 20| Section 1289.25 | | | 21| PHYSICAL OR DEADLY FORCE AGAINST INTRUDER | | | 22| A. The Legislature hereby recognizes that the citizens of the | | | 23|State of Oklahoma have a right to expect absolute safety within | | | 24|their own homes
or, places of business or places of worship. | | | arsid725192 HB2632 HFLR Page 1 ___________________________________________________________________________
1| B. A person or an owner, manager or employee of a business is | | | 2|presumed to have held a reasonable fear of imminent peril of death | | | 3|or great bodily harm to himself or herself or another when using | | | 4|defensive force that is intended or likely to cause death or great | | | 5|bodily harm to another if: | | | 6| 1. The person against whom the defensive force was used was in | | | 7|the process of unlawfully and forcefully entering, or had unlawfully | | | 8|and forcibly entered, a dwelling, residence, occupied vehicle,
or a| | | 9|place of business or place of worship, or if that person had removed | | | 10|or was attempting to remove another against the will of that person | | | 11|from the dwelling, residence, occupied vehicle, orplace of business | | | 12|or place of worship; and | | | 13| 2. The person who uses defensive force knew or had reason to | | | 14|believe that an unlawful and forcible entry or unlawful and forcible | | | 15|act was occurring or had occurred. | | | 16| C. The presumption set forth in subsection B of this section | | | 17|does not apply if: | | | 18| 1. The person against whom the defensive force is used has the | | | 19|right to be in or is a lawful resident of the dwelling, residence, | | | 20|or vehicle, such as an owner, lessee, or titleholder, and there is | | | 21|not a protective order from domestic violence in effect or a written | | | 22|pretrial supervision order of no contact against that person; | | | 23| 2. The person or persons sought to be removed are children or | | | 24|grandchildren, or are otherwise in the lawful custody or under the | | | arsid725192 HB2632 HFLR Page 2 ___________________________________________________________________________
1|lawful guardianship of, the person against whom the defensive force | | | 2|is used; or | | | 3| 3. The person who uses defensive force is engaged in an | | | 4|unlawful activity or is using the dwelling, residence, occupied | | | 5|vehicle,
orplace of business or place of worship to further an | | | 6|unlawful activity. | | | 7| D. A person who is not engaged in an unlawful activity and who | | | 8|is attacked in any other place where he or she has a right to be has | | | 9|no duty to retreat and has the right to stand his or her ground and | | | 10|meet force with force, including deadly force, if he or she | | | 11|reasonably believes it is necessary to do so to prevent death or | | | 12|great bodily harm to himself or herself or another or to prevent the | | | 13|commission of a forcible felony. | | | 14| E. A person who unlawfully and by force enters or attempts to | | | 15|enter the dwelling, residence, occupied vehicle of another person, | | | 16| or aplace of business or place of worship is presumed to be doing | | | 17|so with the intent to commit an unlawful act involving force or | | | 18|violence. | | | 19| F. A person who uses defensive force, as permitted pursuant to | | | 20|the provisions of subsections B and D of this section, is justified | | | 21|in using such defensive force and is immune from criminal | | | 22|prosecution and civil action for the use of such defensive force. | | | 23|As used in this subsection, the term "criminal prosecution" includes | | | 24|charging or prosecuting the defendant. | | | arsid725192 HB2632 HFLR Page 3 ___________________________________________________________________________
1| G. A law enforcement agency may use standard procedures for | | | 2|investigating the use of defensive force, but the law enforcement | | | 3|agency may not arrest the person for using defensive force unless it | | | 4|determines that there is probable cause that the defensive force | | | 5|that was used was unlawful. | | | 6| H. The court shall award reasonable attorney fees, court costs, | | | 7|compensation for loss of income, and all expenses incurred by the | | | 8|defendant in defense of any civil action brought by a plaintiff if | | | 9|the court finds that the defendant is immune from prosecution as | | | 10|provided in subsection F of this section. | | | 11| I. The provisions of this section and the provisions of the | | | 12|Oklahoma Self-Defense Act shall not be construed to require any | | | 13|person using a weapon pursuant to the provisions of this section to | | | 14|be licensed in any manner. | | | 15| J. A person pointing a weapon at a perpetrator in self-defense | | | 16|or in order to thwart, stop or deter a forcible felony or attempted | | | 17|forcible felony shall not be deemed guilty of committing a criminal | | | 18|act. | | | 19| K. As used in this section: | | | 20| 1. "Defensive force" includes, but shall not be limited to, | | | 21|pointing a weapon at a perpetrator in self-defense or in order to | | | 22|thwart, stop or deter a forcible felony or attempted forcible | | | 23|felony; | | | 24| | | | arsid725192 HB2632 HFLR Page 4 ___________________________________________________________________________
1| 2. "Dwelling" means a building or conveyance of any kind, | | | 2|including any attached porch, whether the building or conveyance is | | | 3|temporary or permanent, mobile or immobile, which has a roof over | | | 4|it, including a tent, and is designed to be occupied by people; | | | 5| 3. "Place of worship" means any space used for worship | | | 6|services; | | | 7| 4. "Residence" means a dwelling in which a person resides | | | 8|either temporarily or permanently or is visiting as an invited | | | 9|guest; and | | | 10|© 2010-18 eCapitol, LLC. ALL RIGHTS RESERVED.
4.5. "Vehicle" means a conveyance of any kind, whether or not | | | 11|motorized, which is designed to transport people or property. | | | 12| SECTION 2. This act shall become effective November 1, 2018. | | | 13| | | | 14|COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY, dated 02/14/2018 - DO | |PASS, As Amended and Coauthored. | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | arsid725192 HB2632 HFLR Page 5
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