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An Act
ENROLLED SENATE
BILL NO. 541 By: Gollihare and Burns of the
Senate
and
Miller of the House
An Act relating to crimes and punishments; amending
21 O.S. 2021, Section 13.1, as amended by Section 1,
Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024, Section
13.1), which relates to required service of minimum
percentage of sentence; modifying statutory
references to certain criminal offenses; modifying
name of certain unlawful act; amending 21 O.S. 2021,
Section 644, as last amended by Section 1, Chapter
38, O.S.L. 2024 (21 O.S. Supp. 2024, Section 644),
which relates to assault and battery; modifying
provisions related to certain offense; amending 57
O.S. 2021, Section 571, as last amended by Section
13, Chapter 151, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 571), which relates to violent crimes; adding
certain offenses; updating statutory language; and
providing an effective date.
SUBJECT: Assault and battery
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2021, Section 13.1, as
amended by Section 1, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024,
Section 13.1), is amended to read as follows:
Section 13.1. Persons convicted of:
1. First degree murder as defined provided for in Section 701.7
of this title;
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2. Second degree murder as defined by provided for in Section
701.8 of this title;
3. Manslaughter in the first degree as defined by provided for
in Section 711 of this title;
4. Poisoning with intent to kill as defined by provided for in
Section 651 of this title;
5. Shooting with intent to kill, use of a vehicle to facilitate
use of a firearm, crossbow or other weapon, assault, battery, or
assault and battery with a deadly weapon or by other means likely to
produce death or great bodily harm, as provided for in Section
Sections 644 and 652 of this title;
6. Assault with intent to kill as provided for in Section 653
of this title;
7. Conjoint robbery as defined by provided for in Section 800
of this title;
8. Robbery with a dangerous weapon as defined provided for in
Section 801 of this title;
9. First degree robbery as defined provided for in Section 797
of this title;
10. First degree rape as provided for in Section 1111, or 1114
or 1115 of this title;
11. First degree arson as defined provided for in Section 1401
of this title;
12. First degree burglary as provided for in Section 1436 1431
of this title;
13. Bombing as defined provided for in Section 1767.1 of this
title;
14. Any crime against a child as provided for in Section 843.5
of this title;
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15. Forcible sodomy as defined provided for in Section 888 of
this title;
16. Child pornography sexual abuse material or aggravated child
pornography sexual abuse material as defined provided for in Section
1021.2, 1021.3, 1024.1, 1024.2, or 1040.12a of this title;
17. Child sex trafficking as defined in Section 1030 of this
title;
18. Lewd molestation of a child as defined provided for in
Section 1123 of this title;
19. Abuse of a vulnerable adult as defined in Section 10-103 of
Title 43A of the Oklahoma Statutes;
20. Aggravated trafficking as provided for in subsection C of
Section 2-415 of Title 63 of the Oklahoma Statutes;
21. Aggravated assault and battery as provided for in Section
646 of this title upon any person defending another person from
assault and battery; or
22. Human trafficking as provided for defined in Section 748 of
this title,
shall be required to serve not less than eighty-five percent (85%)
of any sentence of imprisonment imposed by the judicial system prior
to becoming eligible for consideration for parole. Persons
convicted of these offenses shall not be eligible for earned credits
or any other type of credits which have the effect of reducing the
length of the sentence to less than eighty-five percent (85%) of the
sentence imposed.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 644, as last
amended by Section 1, Chapter 38, O.S.L. 2024 (21 O.S. Supp. 2024,
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) days, or
by a fine not more than Five Hundred Dollars ($500.00), or by both
such fine and imprisonment.
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B. Assault and battery shall, upon conviction, be punishable by
imprisonment in a county jail not exceeding ninety (90) days, or by
a fine not more than One Thousand Dollars ($1,000.00), or by both
such fine and imprisonment.
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 and imprisonment. Upon conviction
for a second or subsequent offense, the person shall be punished 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 and imprisonment. 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
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
felony punishable by imprisonment in the custody of the Department
of Corrections not exceeding life. The provisions of Section 51.1
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of this title shall apply to any second or subsequent conviction for
a violation of this paragraph subsection.
E. Any person convicted of domestic abuse committed against a
pregnant woman with knowledge of the pregnancy shall be guilty of a
misdemeanor, punishable by imprisonment in the county jail for not
more than one (1) year.
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 felony, punishable by imprisonment in
the custody of the Department of Corrections for not less than ten
(10) years.
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 be guilty of a
felony, 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 felony and
punished 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. 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 and imprisonment. 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 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 and imprisonment. The provisions of Section 51.1 of this title
shall apply to any second or subsequent offense. For every
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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 participate in counseling or 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 certified by the
Attorney General. If the defendant is ordered to
participate in a batterers’ intervention program, the
order shall require the defendant to attend the
program 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
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. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify
for the counseling or treatment requirement for
domestic abuse pursuant to this subsection. The
counseling may be ordered in addition to counseling
specifically for the treatment of domestic abuse or
per evaluation as set forth below. If, after
sufficient evaluation and attendance at required
counseling sessions, the domestic violence treatment
program or licensed professional 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 simultaneously or prior to domestic
violence treatment, including but not limited to
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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 or licensed
professional;
3. a. The court shall set a review hearing no more than one
hundred twenty (120) days after the defendant is
ordered to participate in a domestic abuse counseling
program or undergo treatment for domestic abuse to
assure the attendance and compliance of the defendant
with the provisions of this subsection and the
domestic abuse counseling or treatment requirements.
The court may suspend sentencing of the defendant
until the defendant has presented proof to the court
of enrollment in a program of treatment for domestic
abuse by an individual licensed practitioner or 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 counseling or 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 and 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 domestic abuse counseling or 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 counseling or treatment to assure
the attendance and compliance of the defendant with
the provisions of this subsection and the domestic
abuse counseling or treatment requirements. The court
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shall retain continuing jurisdiction over the
defendant during the course of ordered counseling
through the final review hearing;
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 domestic
abuse counseling or treatment requirements;
5. At any review hearing, if the defendant is not
satisfactorily attending individual counseling or a domestic abuse
counseling or treatment program or is not in compliance with any
domestic abuse counseling or treatment requirements, the court may
order the defendant to further or continue counseling, 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 individual counseling, domestic abuse counseling, or
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 counseling or 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 G of this
ENR. S. B. NO. 541 Page 9
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
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
domestic abuse by strangulation and shall be punished by
imprisonment in the custody of the Department of Corrections for a
period not less than one (1) year nor more than ten (10) years, or
by a fine not more than Twenty Thousand Dollars ($20,000.00), or by
both such fine and imprisonment. 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;
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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 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,
protracted loss or impairment of the function of a body part, organ
or mental faculty, or 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
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.
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SECTION 3. AMENDATORY 57 O.S. 2021, Section 571, as last
amended by Section 13, Chapter 151, O.S.L. 2024 (57 O.S. Supp. 2024,
Section 571), is amended to read as follows:
Section 571. As used in the Oklahoma Statutes, unless another
definition is specified:
1. “Capacity” means the actual available bedspace as certified
by the State Board of Corrections subject to applicable federal and
state laws and the rules and regulations promulgated under such
laws; and
2. “Violent crime” means any of the following felony offenses
and any attempts to commit or conspiracy or solicitation to commit
the following crimes:
a. assault, battery, or assault and battery with a
dangerous or deadly weapon, as provided for in
Sections 645 and 652 of Title 21 of the Oklahoma
Statutes,
b. assault, battery, or assault and battery with a deadly
weapon or by other means likely to produce death or
great bodily harm, as provided for in Section 652 of
Title 21 of the Oklahoma Statutes,
c. aggravated assault and battery on a police officer,
sheriff, highway patrolman, or any other officer of
the law, as provided for in Section 650 of Title 21 of
the Oklahoma Statutes,
d. poisoning with intent to kill, as provided for in
Section 651 of Title 21 of the Oklahoma Statutes,
e. shooting with intent to kill, as provided for in
Section 652 of Title 21 of the Oklahoma Statutes,
f. assault with intent to kill, as provided for in
Section 653 of Title 21 of the Oklahoma Statutes,
ENR. S. B. NO. 541 Page 12
g. assault with intent to commit a felony, as provided
for in Section 681 of Title 21 of the Oklahoma
Statutes,
h. assaults with a dangerous weapon while masked or
disguised, as provided for in Section 1303 of Title 21
of the Oklahoma Statutes,
i. murder in the first degree, as provided for in Section
701.7 of Title 21 of the Oklahoma Statutes,
j. murder in the second degree, as provided for in
Section 701.8 of Title 21 of the Oklahoma Statutes,
k. manslaughter in the first degree, as provided for in
Section 711 of Title 21 of the Oklahoma Statutes,
l. manslaughter in the second degree, as provided for in
Section 716 of Title 21 of the Oklahoma Statutes,
m. kidnapping, as provided for in Section 741 of Title 21
of the Oklahoma Statutes,
n. burglary in the first degree, as provided for in
Section 1431 of Title 21 of the Oklahoma Statutes,
o. burglary with explosives, as provided for in Section
1441 of Title 21 of the Oklahoma Statutes,
p. kidnapping for extortion, as provided for in Section
745 of Title 21 of the Oklahoma Statutes,
q. maiming, as provided for in Section 751 of Title 21 of
the Oklahoma Statutes,
r. robbery, as provided for in Section 791 of Title 21 of
the Oklahoma Statutes,
s. robbery in the first degree, as provided for in
Section 797 et seq. of Title 21 of the Oklahoma
Statutes,
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t. robbery in the second degree, as provided for in
Section 797 et seq. of Title 21 of the Oklahoma
Statutes,
u. armed robbery, as provided for in Section 801 of Title
21 of the Oklahoma Statutes,
v. robbery by two or more persons, as provided for in
Section 800 of Title 21 of the Oklahoma Statutes,
w. robbery with dangerous weapon or imitation firearm, as
provided for in Section 801 of Title 21 of the
Oklahoma Statutes,
x. child abuse, as provided for in Section 843.5 of Title
21 of the Oklahoma Statutes,
y. wiring any equipment, vehicle, or structure with
explosives, as provided for in Section 849 of Title 21
of the Oklahoma Statutes,
z. forcible sodomy, as provided for in Section 888 of
Title 21 of the Oklahoma Statutes,
aa. rape in the first degree, as provided for in Section
1114 of Title 21 of the Oklahoma Statutes,
bb. rape in the second degree, as provided for in Section
1114 of Title 21 of the Oklahoma Statutes,
cc. rape by instrumentation, as provided for in Section
1111.1 of Title 21 of the Oklahoma Statutes,
dd. lewd or indecent proposition or lewd or indecent act
with a child under sixteen (16) years of age, as
provided for in Section 1123 of Title 21 of the
Oklahoma Statutes,
ee. use of a firearm or offensive weapon to commit or
attempt to commit a felony, as provided for in Section
1287 of Title 21 of the Oklahoma Statutes,
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ff. pointing firearms, as provided for in Section 1289.16
of Title 21 of the Oklahoma Statutes,
gg. rioting, as provided for in Section 1311 of Title 21
of the Oklahoma Statutes,
hh. inciting to riot, as provided for in Section 1320.2 of
Title 21 of the Oklahoma Statutes,
ii. arson in the first degree, as provided for in Section
1401 of Title 21 of the Oklahoma Statutes,
jj. injuring or burning public buildings, as provided for
in Section 349 of Title 21 of the Oklahoma Statutes,
kk. sabotage, as provided for in Section 1262 of Title 21
of the Oklahoma Statutes,
ll. criminal syndicalism, as provided for in Section 1261
of Title 21 of the Oklahoma Statutes,
mm. extortion, as provided for in Section 1481 of Title 21
of the Oklahoma Statutes,
nn. obtaining signature by extortion, as provided for in
Section 1485 of Title 21 of the Oklahoma Statutes,
oo. seizure of a bus, discharging firearm or hurling
missile at bus, as provided for in Section 1903 of
Title 21 of the Oklahoma Statutes,
pp. mistreatment of a mental patient, as provided for in
Section 843.1 of Title 21 of the Oklahoma Statutes,
qq. using a vehicle to facilitate the discharge of a
weapon pursuant to Section 652 of Title 21 of the
Oklahoma Statutes,
rr. bombing offenses as defined in Section 1767.1 of Title
21 of the Oklahoma Statutes,
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ss. child pornography sexual abuse material or aggravated
child pornography sexual abuse material as defined in
Section 1021.2, 1021.3, 1024.1 or 1040.12a of Title 21
of the Oklahoma Statutes,
tt. child sex trafficking as defined in Section 1030 of
Title 21 of the Oklahoma Statutes,
uu. abuse of a vulnerable adult as defined in Section 10-
103 of Title 43A of the Oklahoma Statutes,
vv. aggravated trafficking as provided for in subsection C
of Section 2-415 of Title 63 of the Oklahoma Statutes,
ww. aggravated assault and battery upon any person
defending another person from assault and battery, as
provided for in Section 646 of Title 21 of the
Oklahoma Statutes,
xx. human trafficking, as provided for in Section 748 of
Title 21 of the Oklahoma Statutes,
yy. terrorism crimes as provided in Section 1268 et seq.
of Title 21 of the Oklahoma Statutes,
zz. eluding a peace officer, as provided for in subsection
B or C of Section 540A of Title 21 of the Oklahoma
Statutes, or
aaa. domestic abuse by strangulation, a subsequent offense
of domestic assault and battery, domestic assault with
a dangerous weapon, domestic assault and battery with
a dangerous weapon, domestic assault and battery
resulting in great bodily injury, or domestic assault
and battery with a deadly weapon, or domestic abuse
against a pregnant woman with knowledge of the
pregnancy as provided for in Section 644 of Title 21
of the Oklahoma Statutes.
Such offenses shall constitute exceptions to nonviolent offenses
pursuant to Article VI, Section 10 of the Oklahoma Constitution.
ENR. S. B. NO. 541 Page 16
SECTION 4. This act shall become effective November 1, 2025.
Passed the Senate the 6th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 1st day of May, 2025.
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: _________________________________