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An Act
ENROLLED SENATE
BILL NO. 1264 By: Gillespie of the Senate
and
Miller of the House
An Act relating to crimes and punishments; amending
Section 5, Chapter 366, O.S.L. 2024, as amended by
Section 1, Chapter 187, O.S.L. 2025 (21 O.S. Supp.
2025, Section 20E), which relates to Class A3
criminal offenses; updating effective date;
conforming statutory references; amending Section 8,
Chapter 366, O.S.L. 2024 (21 O.S. Supp. 2025, Section
20H), which relates to Class B3 criminal offenses;
updating effective date; conforming statutory
references; deleting certain crime from list of Class
B3 criminal offenses; updating reference to certain
controlled dangerous substance; amending 21 O.S.
2021, Section 644, as last amended by Section 1,
Chapter 322, O.S.L. 2025 (21 O.S. Supp. 2025, Section
644), which relates to assault and battery;
increasing certain penalties; providing
classifications for certain criminal offenses;
deleting certain criminal offense and related
penalties; clarifying scope of certain prohibited
act; modifying certain defined term; updating
statutory language and references; repealing 21 O.S.
2021, Section 644, as last amended by Section 1,
Chapter 147, O.S.L. 2025 (21 O.S. Supp. 2025, Section
644), which relates to assault and battery; repealing
21 O.S. 2021, Section 644, as last amended by Section
2, Chapter 162, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 644), which relates to assault and battery;
repealing 21 O.S. 2021, Section 644, as last amended
by Section 3, Chapter 486, O.S.L. 2025 (21 O.S. Supp.
2025, Section 644), which relates to assault and
battery; and providing an effective date.
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SUBJECT: Assault and battery
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 5, Chapter 366, O.S.L.
2024, as amended by Section 1, Chapter 187, O.S.L. 2025 (21 O.S.
Supp. 2025, Section 20E), is amended to read as follows:
Section 20E. A. Upon the effective date of this act On or
after January 1, 2026, Class A3 shall include the following criminal
offenses:
1. Domestic assault and battery with a deadly weapon, as
provided for in paragraph 2 of subsection D of Section 644 of Title
21 of the Oklahoma Statutes this title;
2. Second or subsequent conviction of domestic abuse against a
pregnant woman with knowledge of the pregnancy, as provided for in
paragraph 2 of subsection E of Section 644 of Title 21 of the
Oklahoma Statutes this title;
3. Aggravated assault and battery upon a police officer,
sheriff, deputy sheriff or highway patrolman, corrections personnel,
or any state peace officer, as provided for in subsection A of
Section 650 of Title 21 of the Oklahoma Statutes this title;
4. Shooting with the intent to kill, as provided for in
subsection A of Section 652 of Title 21 of the Oklahoma Statutes
this title;
5. Using a vehicle to facilitate the intentional discharge of a
firearm, crossbow, or other weapon, as provided for in subsection B
of Section 652 of Title 21 of the Oklahoma Statutes this title;
6. Assault and battery with a deadly weapon, as provided for in
subsection C of Section 652 of Title 21 of the Oklahoma Statutes
this title;
7. Maiming, as provided for in Section 751 of Title 21 of the
Oklahoma Statutes this title;
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8. Sexual abuse by a caretaker, as provided for in paragraph 2
of subsection B of Section 843.1 of Title 21 of the Oklahoma
Statutes this title;
9. Child abuse, as provided for in subsection A of Section
843.5 of Title 21 of the Oklahoma Statutes this title;
10. Enabling child abuse, as provided for in subsection B of
Section 843.5 of Title 21 of the Oklahoma Statutes this title;
11. Child sexual abuse, as provided for in subsection E of
Section 843.5 of Title 21 of the Oklahoma Statutes this title;
12. Enabling child sexual abuse, as provided for in subsection
G of Section 843.5 of Title 21 of the Oklahoma Statutes this title;
13. Child sexual exploitation, as provided for in subsection H
of Section 843.5 of Title 21 of the Oklahoma Statutes this title;
14. Enabling child sexual exploitation, as provided for in
subsection J of Section 843.5 of Title 21 of the Oklahoma Statutes
this title;
15. Lewd or indecent proposals or acts to a child, as provided
for in subsection A of Section 1123 of Title 21 of the Oklahoma
Statutes this title;
16. Terrorism, as provided for in subsection B of Section
1268.2 of Title 21 of the Oklahoma Statutes this title;
17. Conspiracy to commit terrorism, as provided for in
subsection A of Section 1268.3 of Title 21 of the Oklahoma Statutes
this title;
18. Any person above the age of eighteen (18) who, on campuses
or public school grounds, advocates revolution, sabotage, force and
violation, sedition, treason, or the overthrow of the United States
government, as provided for in subsection B of Section 1327 of Title
21 of the Oklahoma Statutes this title;
19. Arson in the first degree, as provided for in subsection A
of Section 1401 of Title 21 of the Oklahoma Statutes this title;
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20. Arson while manufacturing, attempting to manufacture, or
endeavoring to manufacture a controlled dangerous substance, as
provided for in subsection B of Section 1401 of Title 21 of the
Oklahoma Statutes this title; and
21. Causing personal injury while committing an act of arson,
as provided for in Section 1405 of Title 21 of the Oklahoma Statutes
this title.
B. Any person convicted of a Class A3 criminal offense set
forth in this section shall be punished in accordance with the
corresponding penalties provided for in the Oklahoma Statutes.
SECTION 2. AMENDATORY Section 8, Chapter 366, O.S.L.
2024 (21 O.S. Supp. 2025, Section 20H), is amended to read as
follows:
Section 20H. A. Upon the effective date of this act On or
after January 1, 2026, Class B3 shall include the following criminal
offenses:
1. Embezzlement of state property by a public officer of the
state or any county, city, town, or member or officer of the
Legislature, deputy, or clerk, as provided for in Section 341 of
Title 21 of the Oklahoma Statutes this title;
2. Burning, destroying, or injuring any public building, as
provided for in Section 349 of Title 21 of the Oklahoma Statutes
this title;
3. Resisting or aiding in resisting the execution of process,
as provided for in Section 539 of Title 21 of the Oklahoma Statutes
this title;
4. Domestic abuse with a prior pattern of physical abuse, as
provided for in Section 644.1 of Title 21 of the Oklahoma Statutes
this title;
5. Assault, battery, or assault and battery upon an intimate
partner or a family or household member with any sharp or dangerous
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weapon, as provided for in paragraph 1 of subsection D of Section
644 of Title 21 of the Oklahoma Statutes;
6. Assault and battery against a current or former intimate
partner or a family or household member that results in great bodily
injury to the victim, as provided for in subsection F of Section 644
of Title 21 of the Oklahoma Statutes this title;
7. 6. Second or subsequent conviction for assault and battery
by strangulation or attempted strangulation against an intimate
partner or a family or household member, as provided for in
subsection J of Section 644 of Title 21 of the Oklahoma Statutes
this title;
8. 7. Second or subsequent conviction for committing or
attempting to commit a felony while wearing body armor, as provided
for in Section 1289.26 of Title 21 of the Oklahoma Statutes this
title;
9. 8. Riotous assembly for the purpose of resisting the
execution of any statute or obstructing any public officer, as
provided for in paragraph 2 of Section 1312 of Title 21 of the
Oklahoma Statutes this title;
10. 9. Carrying at the time of a riot any firearm or other
deadly weapon or being disguised while participating in a riot, as
provided for in paragraph 3 of Section 1312 of Title 21 of the
Oklahoma Statutes this title;
11. 10. Directing, advising, encouraging, or soliciting other
persons to use force or violence while participating in a riot, as
provided for in paragraph 4 of Section 1312 of Title 21 of the
Oklahoma Statutes this title;
12. 11. Arson with the intent to injure or defraud the insurer,
as provided for in subsection B of Section 1403 of Title 21 of the
Oklahoma Statutes this title;
13. 12. Forgery in the first degree, as provided for in Section
1561 of Title 21 of the Oklahoma Statutes this title;
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14. 13. Forgery of stock certificates or securities, as
provided for in Section 1562 of Title 21 of the Oklahoma Statutes
this title;
15. 14. Fraudulently uttering one’s signature on any instrument
as that of another with the same name, as provided for in Section
1622 of Title 21 of the Oklahoma Statutes this title;
16. 15. Fraudulently uttering one’s endorsement on any
negotiable instrument as that of another with the same name, as
provided for in Section 1623 of Title 21 of the Oklahoma Statutes
this title;
17. 16. Total or partial erasure or obliteration of any
instrument or writing with intent to defraud, as provided for in
Section 1624 of Title 21 of the Oklahoma Statutes this title;
18. 17. Signing fictitious name as an officer or agent of a
corporation, as provided for in Section 1626 of Title 21 of the
Oklahoma Statutes this title;
19. 18. Procuring, soliciting, selling, or receiving more than
ten (10) telephone records by fraudulent, deceptive, or false means,
as provided for in paragraph 3 of subsection B of Section 1742.2 of
Title 21 of the Oklahoma Statutes this title;
20. 19. Violating the Viatical Settlements Act of 2008, as
provided for in paragraph 1 of subsection F of Section 4055.14 of
Title 36 of the Oklahoma Statutes;
21. 20. Third or subsequent conviction of driving under the
influence of alcohol or other intoxicating substance, as provided
for in paragraph 4 of subsection C of Section 11-902 of Title 47 of
the Oklahoma Statutes;
22. 21. Driving under the influence with a blood or breath
alcohol concentration of fifteen-hundredths (0.15) or more, as
provided for in subsection D of Section 11-902 of Title 47 of the
Oklahoma Statutes;
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23. 22. Injuring, destroying, or attempting to injure or
destroy any hazardous liquid transportation system, as provided for
in Section 47.6 of Title 52 of the Oklahoma Statutes;
24. 23. Bringing into or having in his or her possession in any
jail, state penal institution, or other place where prisoners are
located, any gun, knife, bomb, other dangerous instrument,
controlled dangerous substance, alcoholic beverage, money, or
financial documents, as provided for in subsection A of Section 21
of Title 57 of the Oklahoma Statutes;
25. 24. Purchasing or attempting to purchase, receive, or
otherwise acquire any product, mixture, or preparation containing
any detectable quantity of base pseudoephedrine or ephedrine after a
conviction of manufacturing or attempting to manufacture
methamphetamine, as provided for in paragraph 5 of subsection G of
Section 2-401 of Title 63 of the Oklahoma Statutes;
26. 25. Distributing, other than by dispensing, a Schedule I or
Schedule II controlled dangerous substance, in the course of
legitimate business, as provided for in paragraph 1 of subsection A
of Section 2-406 of Title 63 of the Oklahoma Statutes;
27. 26. Using a fictitious, revoked, suspended, or fraudulent
registration number in the course of manufacturing or distributing a
controlled dangerous substance, as provided for in paragraph 2 of
subsection A of Section 2-406 of Title 63 of the Oklahoma Statutes;
28. 27. Furnishing false or fraudulent material information in,
or omitting any material information from, any application, report,
or document required by the Uniform Controlled Dangerous Substances
Act, as provided for in paragraph 4 of subsection A of Section 2-406
of Title 63 of the Oklahoma Statutes;
29. 28. Making, distributing, or possessing any punch, die,
plate, stone, or other thing designed to print, imprint, or
reproduce the trademark, trade name, or other identifying mark, upon
any drug, container, or labeling, as provided for in paragraph 5 of
subsection A of Section 2-406 of Title 63 of the Oklahoma Statutes;
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30. 29. Trafficking twenty-five (25) pounds or more of
marijuana, as provided for in subparagraph a of paragraph 1 of
subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes;
31. 30. Trafficking twenty-eight (28) grams or more of cocaine,
coca leaves, or cocaine base, as provided for in subparagraph a of
paragraph 2 of subsection C of Section 2-415 of Title 63 of the
Oklahoma Statutes;
32. 31. Trafficking three hundred (300) grams or more of
cocaine, coca leaves, or cocaine base, as provided for in
subparagraph b of paragraph 2 of subsection C of Section 2-415 of
Title 63 of the Oklahoma Statutes;
33. 32. Trafficking ten (10) grams or more of heroin, as
provided for in subparagraph a of paragraph 3 of subsection C of
Section 2-415 of Title 63 of the Oklahoma Statutes;
34. 33. Trafficking twenty (20) grams or more of amphetamine or
methamphetamine, as provided for in subparagraph a of paragraph 4 of
subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes;
35. 34. Trafficking two hundred (200) grams or more of
amphetamine or methamphetamine, as provided for in subparagraph b of
paragraph 4 of subsection C of Section 2-415 of Title 63 of the
Oklahoma Statutes;
36. 35. Trafficking one (1) gram or more of lysergic acid
diethylamide (LSD), as provided for in subparagraph a of paragraph 5
of subsection C of Section 2-415 of Title 63 of the Oklahoma
Statutes;
37. 36. Trafficking twenty (20) grams or more of phencyclidine
(PCP), as provided for in subparagraph a of paragraph 6 of
subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes;
38. 37. Trafficking thirty (30) tablets or ten (10) grams of
3,4-Methylenedioxy methamphetamine, as provided for in subparagraph
a of paragraph 7 of subsection C of Section 2-415 of Title 63 of the
Oklahoma Statutes;
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39. 38. Aggravated trafficking one hundred (100) tablets or
thirty (30) grams of 3,4-Methylenedioxy methamphetamine, as provided
for in subparagraph b of paragraph 7 of subsection C of Section 2-
415 of Title 63 of the Oklahoma Statutes;
40. 39. Trafficking one thousand (1,000) grams or more of
morphine, as provided for in paragraph 8 of subsection C of Section
2-415 of Title 63 of the Oklahoma Statutes;
41. 40. Trafficking four hundred (400) grams or more of
oxycodone, as provided for in paragraph 9 of subsection C of Section
2-415 of Title 63 of the Oklahoma Statutes;
42. 41. Trafficking three thousand seven hundred fifty (3,750)
grams or more of hydrocodone, as provided for in paragraph 10 of
subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes;
43. 42. Trafficking five hundred (500) grams or more of
benzodiazepine, as provided for in paragraph 11 of subsection C of
Section 2-415 of Title 63 of the Oklahoma Statutes;
44. 43. Trafficking one (1) gram or more of fentanyl or
carfentanyl carfentanil, as provided for in subparagraph a of
paragraph 12 of subsection C of Section 2-415 of Title 63 of the
Oklahoma Statutes;
45. 44. Employing, hiring, or using an individual under fifteen
(15) years of age to unlawfully transport, carry, sell, give away,
prepare for sale, or peddle any controlled dangerous substance, as
provided for in subsection D of Section 2-419.1 of Title 63 of the
Oklahoma Statutes;
46. 45. Second or subsequent conviction for violating the
Vessel and Motor Chop Shop, Stolen and Altered Property Act, as
provided for in subsection J of Section 4253 of Title 63 of the
Oklahoma Statutes; and
47. 46. Third or subsequent conviction for violating the Vessel
and Motor Chop Shop, Stolen and Altered Property Act, as provided
for in subsection J of Section 4253 of Title 63 of the Oklahoma
Statutes.
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B. Any person convicted of a Class B3 criminal offense set
forth in this section shall be punished in accordance with the
corresponding penalties provided for in the Oklahoma Statutes.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 644, as last
amended by Section 1, Chapter 322, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 644), is amended to read as follows:
Section 644. A. Assault shall, upon conviction, be punishable
by imprisonment in a county jail not exceeding thirty (30) ninety
(90) days, or by a fine of not more than Five Hundred Dollars
($500.00), or by both such fine imprisonment and imprisonment fine.
B. Assault and battery shall, upon conviction, be punishable by
imprisonment in a county jail not exceeding ninety (90) days six (6)
months, or by a fine of not more than One Thousand Dollars
($1,000.00), or by both such fine imprisonment and imprisonment
fine.
C. Any person who commits any assault and battery against a
current or former intimate partner or a family or household member
as defined by Section 60.1 of Title 22 of the Oklahoma Statutes
shall be guilty of domestic abuse. Upon conviction, the defendant
shall be punished by imprisonment in the county jail for not more
than one (1) year, or by a fine not exceeding Five Thousand Dollars
($5,000.00), or by both such fine imprisonment and imprisonment
fine. Upon conviction for a second or subsequent offense, the
person shall be punished guilty of a Class B5 felony offense
punishable by imprisonment in the custody of the Department of
Corrections for not more than four (4) years, or by a fine not
exceeding Five Thousand Dollars ($5,000.00), or by both such fine
imprisonment and imprisonment fine. The provisions of Section 51.1
of this title shall apply to any second or subsequent offense.
D. 1. Any person who, with intent to do bodily harm and
without justifiable or excusable cause, commits any assault,
battery, or assault and battery upon an intimate partner or a family
or household member as defined by Section 60.1 of Title 22 of the
Oklahoma Statutes with any sharp or dangerous weapon, upon
conviction, is guilty of domestic assault or domestic assault and
battery with a dangerous weapon which shall be a felony and
punishable by imprisonment in the custody of the Department of
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Corrections not exceeding ten (10) years, or by imprisonment in a
county jail not exceeding one (1) year. The provisions of Section
51.1 of this title shall apply to any second or subsequent
conviction for a violation of this paragraph.
2. Any person who, with intent to do bodily harm and without
such justifiable or excusable cause, shoots commits any assault and
battery upon an intimate partner or a family or household member as
defined by Section 60.1 of Title 22 of the Oklahoma Statutes by
means of any deadly weapon or by such other means or force that is
likely to produce death shall, upon conviction, be guilty of
domestic assault and battery with a deadly weapon which shall be a
Class A3 felony offense punishable by imprisonment in the custody of
the Department of Corrections not exceeding life. The provisions of
Section 51.1 of this title shall apply to any second or subsequent
conviction for a violation of this paragraph subsection.
E. 1. Any person convicted of domestic abuse committed against
a pregnant woman with knowledge of the pregnancy shall be guilty of
a Class B5 felony offense, punishable by imprisonment in the custody
of the Department of Corrections for not more than five (5) years.
2. Any person convicted of a second or subsequent offense of
domestic abuse against a pregnant woman with knowledge of the
pregnancy shall be guilty of a Class A3 felony, offense punishable
by imprisonment in the custody of the Department of Corrections for
not less than ten (10) years.
3. Any person convicted of domestic abuse committed against a
pregnant woman with knowledge of the pregnancy and a miscarriage
occurs or injury to the unborn child occurs shall, upon conviction,
be guilty of a Class A1 felony, offense punishable by imprisonment
in the custody of the Department of Corrections for not less than
twenty (20) years.
F. Any person convicted of domestic abuse as defined in
subsection C of this section that results in great bodily injury to
the victim shall, upon conviction, be guilty of a Class B3 felony
and punished offense punishable by imprisonment in the custody of
the Department of Corrections for not more than ten (10) years, or
by imprisonment in the county jail for not more than one (1) year.
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The provisions of Section 51.1 of this title shall apply to any
second or subsequent conviction of a violation of this subsection.
G. Any person convicted of domestic abuse as defined in
subsection C of this section that was committed in the presence of a
child shall be punished by imprisonment in the county jail for not
less than six (6) months nor more than one (1) year, or by a fine
not exceeding Five Thousand Dollars ($5,000.00), or by both such
fine imprisonment and imprisonment fine. Any person convicted of a
second or subsequent domestic abuse as defined in subsection C of
this section that was committed in the presence of a child shall be
punished guilty of a Class B5 felony offense punishable by
imprisonment in the custody of the Department of Corrections for not
less than one (1) year nor more than five (5) years, or by a fine
not exceeding Seven Thousand Dollars ($7,000.00), or by both such
fine imprisonment and imprisonment fine. The provisions of Section
51.1 of this title shall apply to any second or subsequent offense.
For every conviction of a domestic abuse crime in violation of any
provision of this section committed against an intimate partner or a
family or household member as defined by Section 60.1 of Title 22 of
the Oklahoma Statutes, the court shall:
1. Specifically order as a condition of a suspended or deferred
sentence that a defendant undergo treatment to bring about the
cessation of domestic abuse as specified in paragraph 2 of this
subsection;
2. a. The court shall require the defendant to complete an
assessment and follow the recommendations of a
batterers’ intervention program to attend a fifty-two-
week batterers’ intervention program or a pilot
batterers’ intervention program, if available,
certified by the Attorney General.
b. If the defendant participates in a batterers’
intervention program, the program shall require the
defendant to attend for a minimum of fifty-two (52)
weeks, complete the program, and be evaluated before
and after attendance of the program by program staff.
Three unexcused absences in succession or seven
unexcused absences in a period of fifty-two (52) weeks
from any court-ordered batterers’ intervention program
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shall be prima facie evidence of the violation of the
conditions of probation for the district attorney to
seek acceleration or revocation of any probation
entered by the court.
c. To investigate the effectiveness of additional
batterers’ intervention models, the Attorney General,
beginning February 1, 2026, may certify two pilot
batterers’ intervention programs for a period of
thirty-six (36) months located in Oklahoma and Tulsa
Counties. Proposals for certification as a pilot
batterers’ intervention program may be approved only
if made by an organization that was dually certified
as a batterers’ intervention program and a domestic
violence and sexual assault program on or before
January 1, 2025, or by an organization certified as a
batterers’ intervention program on or before January
1, 2025, pursuant to a written agreement with an
organization certified as a domestic violence and
sexual assault program on or before January 1, 2025.
Treatment provided through a pilot batterers’
intervention program shall be evidence-based and shall
be a minimum of twenty-six (26) weeks’ duration.
Participation in a pilot batterers’ intervention
program shall be limited to fifty participants at any
given time. Pilot batterers’ intervention programs
shall be self-funded, including any fees which may be
charged to the participants; provided, however, state
or federal funding may continue for domestic violence
and sexual abuse programs.
d. The Office of the Attorney General shall promulgate
rules for pilot batterers’ intervention programs in
consultation with domestic violence and batterers’
intervention programs or advocacy organizations.
The Attorney General shall establish within his or her
administrative rules a screening and referral process
to review referrals to the pilot batterers’
intervention programs; provided, however, individuals
convicted of domestic abuse with a dangerous weapon or
domestic abuse by strangulation shall not be eligible
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to participate in the pilot program. The Attorney
General shall require reporting of data necessary for
evaluation of the pilot programs. The pilot programs
shall provide the Attorney General with annual updates
and at the end of a pilot program term, a formal
evaluation shall be done by a third party agreed upon
by the Attorney General and the pilot program
operator.
e. All participants in the pilot program shall be subject
to a validated risk assessment conducted by a
qualified professional. The results of the assessment
shall be used to determine program placement based on
the level of risk and individual circumstances.
Participation in any shared or joint setting by both
the survivor and the individual who has caused harm
shall be prohibited under a pilot program. The
Attorney General shall adopt rules to implement this
subparagraph, including standards for risk assessment
tools and differentiated response models.
f. The Attorney General may provide by rule for extension
of no more than twenty-four (24) months beyond thirty-
six (36) months of a pilot batterers’ intervention
program if recommended by the third-party evaluator.
g. Pilot batterers’ intervention programs shall:
(1) prioritize survivors’ well-being in every part of
the pilot program including screening,
participation, reporting, and evaluation,
(2) ensure that batterers’ intervention programs use
appropriate intervention strategies to assist the
batterer in fostering the appropriate skills to:
(a) stop the violence committed by the batterer,
(b) accept personal accountability for battering
and personal responsibility for the decision
to stop or not to stop battering, and
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(c) change the existing attitudes and beliefs of
the batterer that support the coercive
behavior of the batterer,
(3) address all forms of battering,
(4) be culturally informed and provide culturally
appropriate services to all participants,
(5) provide services that are affordable and
accessible for participants, including
participants with disabilities and limited
English proficiency,
(6) provide a uniform standard for evaluating the
performance of a batterers’ intervention program,
(7) be informed by evidence-based practice, research,
and proven field experience, including risk
assessment, that enhances victim safety,
(8) foster local and statewide communication and
interaction between and among batterers’
intervention programs and victim advocacy
programs, and
(9) ensure that batterers’ intervention programs
operate as an integrated part of the wider
community response to battering.
h. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify
for the treatment requirement for domestic abuse
pursuant to this subsection. The counseling may be
ordered in addition to the treatment of domestic abuse
or per evaluation as set forth below. If, after
sufficient evaluation and attendance at required
treatment sessions, the domestic violence treatment
program determines that the defendant does not
evaluate as a perpetrator of domestic violence or does
evaluate as a perpetrator of domestic violence and
should complete other programs of treatment
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simultaneously or prior to or subsequent to domestic
violence treatment, including, but not limited to,
programs related to the mental health, apparent
substance or alcohol abuse or inability or refusal to
manage anger, the defendant shall be ordered to
complete the counseling as per the recommendations of
the domestic violence treatment program;
3. a. The court shall set a review hearing no more than one
hundred twenty (120) days after the defendant is
ordered to undergo treatment for domestic abuse to
assure the attendance and compliance of the defendant
with the provisions of this subsection. The court may
delay sentencing of the defendant until the defendant
has presented proof to the court of enrollment in a
domestic abuse treatment program certified by the
Attorney General and attendance at weekly sessions of
such program. Such proof shall be presented to the
court by the defendant no later than one hundred
twenty (120) days after the defendant is ordered to
such treatment. At such time, the court may complete
sentencing, beginning the period of the sentence from
the date that proof of enrollment is presented to the
court, and schedule reviews as required by
subparagraphs a this subparagraph and subparagraph b
of this paragraph and paragraphs 4 and 5 of this
subsection. Three unexcused absences in succession or
seven unexcused absences in a period of fifty-two (52)
weeks from any court-ordered treatment program shall
be prima facie evidence of the violation of the
conditions of probation for the district attorney to
seek acceleration or revocation of any probation
entered by the court.
b. The court shall set a second review hearing after the
completion of the treatment to assure the attendance
and compliance of the defendant with the provisions of
this subsection and the treatment requirements. The
court shall retain continuing jurisdiction over the
defendant during the course of ordered counseling
through the final review hearing;
ENR. S. B. NO. 1264 Page 17
4. The court may set subsequent or other review hearings as the
court determines necessary to assure the defendant attends and fully
complies with the provisions of this subsection and the treatment
requirements;
5. At any review hearing, if the defendant is not
satisfactorily attending a treatment program or is not in compliance
with treatment requirements, the court may order the defendant to
further or continue treatment or other necessary services. The
court may revoke all or any part of a suspended sentence, deferred
sentence, or probation pursuant to Section 991b of Title 22 of the
Oklahoma Statutes and subject the defendant to any or all remaining
portions of the original sentence;
6. At the first review hearing, the court shall require the
defendant to appear in court. Thereafter, for any subsequent review
hearings, the court may accept a report on the progress of the
defendant from the treatment program. There shall be no requirement
for the victim to attend review hearings; and
7. If funding is available, a referee may be appointed and
assigned by the presiding judge of the district court to hear
designated cases set for review under this subsection. Reasonable
compensation for the referees shall be fixed by the presiding judge.
The referee shall meet the requirements and perform all duties in
the same manner and procedure as set forth in Sections 1-8-103 and
2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
appointed in juvenile proceedings.
The defendant may be required to pay all or part of the cost of
the treatment, in the discretion of the court.
H. As used in subsection G of this section, “in the presence of
a child” means in the physical presence of a child; or having
knowledge that a child is present and may see or hear an act of
domestic violence. For the purposes of subsections C and subsection
G of this section, “child” may be any child whether or not related
to the victim or the defendant.
I. For the purposes of subsections C and G of this section, any
conviction for assault and battery against an intimate partner or a
family or household member as defined by Section 60.1 of Title 22 of
ENR. S. B. NO. 1264 Page 18
the Oklahoma Statutes shall constitute a sufficient basis for a
felony charge:
1. If that conviction is rendered in any state, county, or
parish court of record of this or any other state; or
2. If that conviction is rendered in any municipal court of
record of this or any other state for which any jail time was
served; provided, no conviction in a municipal court of record
entered prior to November 1, 1997, shall constitute a prior
conviction for purposes of a felony charge.
J. Any person who commits any assault and battery by
strangulation or attempted strangulation against an intimate partner
or a family or household member as defined by Section 60.1 of Title
22 of the Oklahoma Statutes shall, upon conviction, be guilty of a
Class B5 felony offense of domestic abuse by strangulation and shall
be punished punishable by imprisonment in the custody of the
Department of Corrections for a period of not less than one (1) year
nor more than three (3) years, or by a fine of not more than Three
Thousand Dollars ($3,000.00), or by both such fine imprisonment and
imprisonment fine. Upon a second or subsequent conviction for a
violation of this section, the defendant shall be punished guilty of
a Class B3 felony punishable by imprisonment in the custody of the
Department of Corrections for a period of not less than three (3)
years nor more than ten (10) years, or by a fine of not more than
Twenty Thousand Dollars ($20,000.00), or by both such fine
imprisonment and imprisonment fine. The provisions of Section 51.1
of this title shall apply to any second or subsequent conviction of
a violation of this subsection. As used in this subsection,
“strangulation” means any form of asphyxia; including, but not
limited to, asphyxia characterized by closure of the blood vessels
or air passages of the neck as a result of external pressure on the
neck or the closure of the nostrils or mouth as a result of external
pressure on the head.
K. Any district court of this state and any judge thereof shall
be immune from any liability or prosecution for issuing an order
that requires a defendant to:
1. Attend a treatment program for domestic abusers certified by
the Attorney General;
ENR. S. B. NO. 1264 Page 19
2. Attend counseling or treatment services ordered as part of
any suspended or deferred sentence or probation; and
3. Attend, complete, and be evaluated before and after
attendance by a treatment program for domestic abusers, certified by
the Attorney General.
L. There shall be no charge of fees or costs to any victim of
domestic violence, stalking, or sexual assault in connection with
the prosecution of a domestic violence, stalking, or sexual assault
offense in this state.
M. In the course of prosecuting any charge of domestic abuse,
stalking, harassment, rape, or violation of a protective order, the
prosecutor shall provide the court, prior to sentencing or any plea
agreement, a local history and any other available history of past
convictions of the defendant within the last ten (10) years relating
to domestic abuse, stalking, harassment, rape, violation of a
protective order, or any other violent misdemeanor or felony
convictions.
N. Any plea of guilty or finding of guilt for a violation of
subsection C, F, G, I, or J of this section shall constitute a
conviction of the offense for the purpose of this act section or any
other criminal statute under which the existence of a prior
conviction is relevant for a period of ten (10) years following the
completion of any court imposed probationary term; provided, the
person has not, in the meantime, been convicted of a misdemeanor
involving moral turpitude or a felony.
O. For purposes of subsection F of this section, “great bodily
injury” means bone fracture, protracted and obvious disfigurement,
concussion, protracted loss or impairment of the function of a body
part, organ, or mental faculty, burns of the second degree or
greater, injury requiring surgical intervention, injury requiring
continuous hospitalization of forty-eight (48) hours or more, or any
injury creating a substantial risk of death.
P. Any pleas of guilty or nolo contendere or finding of guilt
to a violation of any provision of this section shall constitute a
conviction of the offense for the purpose of any subsection of this
ENR. S. B. NO. 1264 Page 20
section under which the existence of a prior conviction is relevant
for a period of ten (10) years following the completion of any
sentence or court imposed probationary term.
SECTION 4. REPEALER 21 O.S. 2021, Section 644, as last
amended by Section 1, Chapter 147, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 644), is hereby repealed.
SECTION 5. REPEALER 21 O.S. 2021, Section 644, as last
amended by Section 2, Chapter 162, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 644), is hereby repealed.
SECTION 6. REPEALER 21 O.S. 2021, Section 644, as last
amended by Section 3, Chapter 486, O.S.L. 2025 (21 O.S. Supp. 2025,
Section 644), is hereby repealed.
SECTION 7. This act shall become effective November 1, 2026.
ENR. S. B. NO. 1264 Page 21
Passed the Senate the 14th day of May, 2026.
Presiding Officer of the Senate
Passed the House of Representatives the 5th day of May, 2026.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________