Justifiable homicide; authorizing appeal of certain ruling to Court of Criminal Appeals. Effective date.

An Act
ENROLLED SENATE
BILL NO. 657 By: Weaver of the Senate

and

Kannady of the House

An Act relating to justifiable homicide; amending 21
O.S. 2021, Section 732, which relates to justifiable
homicide by officer; authorizing appeal of certain
ruling to Court of Criminal Appeals; requiring
priority be given to certain appeals; providing for
waiver of certain right; and providing an effective
date.

SUBJECT: Justifiable homicide

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 21 O.S. 2021, Section 732, is
amended to read as follows:

Section 732. A. A peace officer, correctional officer, or any
person acting by his command in his aid and assistance, is justified
in using deadly force when:

1. The officer is acting in obedience to and in accordance with
any judgment of a competent court in executing a penalty of death;
or

2. In effecting an arrest or preventing an escape from custody
following arrest and the officer reasonably believes both that:

a. such force is necessary to prevent the arrest from
being defeated by resistance or escape, and

ENR. S. B. NO. 657 Page 2
b. there is probable cause to believe that the person to
be arrested has committed a crime involving the
infliction or threatened infliction of serious bodily
harm, or the person to be arrested is attempting to
escape by use of a deadly weapon, or otherwise
indicates that he will endanger human life or inflict
great bodily harm unless arrested without delay; or

3. The officer is in the performance of his legal duty or the
execution of legal process and reasonably believes the use of the
force is necessary to protect himself or others from the infliction
of serious bodily harm; or

4. The force is necessary to prevent an escape from a penal
institution or other place of confinement used primarily for the
custody of persons convicted of felonies or from custody while in
transit thereto or therefrom unless the officer has reason to know:

a. the person escaping is not a person who has committed
a felony involving violence, and

b. the person escaping is not likely to endanger human
life or to inflict serious bodily harm if not
apprehended.

B. An officer or other person acting by the officer’s command
in the officer’s aid and assistance whose use of deadly force is
found during any pretrial hearing or proceeding to be unjustified
pursuant to this section may appeal such ruling to the Court of
Criminal Appeals within ten (10) days of the ruling. Priority shall
be given to appeals made pursuant to this subsection and an order
staying proceedings shall be entered pending the outcome of the
appeal. If an appeal is not brought within ten (10) days of the
ruling, the officer waives the right to immediate appeal of the
ruling but does not waive any right to assert the claim at trial or
upon direct appeal.

SECTION 2. This act shall become effective November 1, 2025.

ENR. S. B. NO. 657 Page 3
Passed the Senate the 26th day of March, 2025.

Presiding Officer of the Senate

Passed the House of Representatives the 7th 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: _________________________________