Text of OK HB 3931 (2024)
Crimes and punishments; prohibiting the use of certain defense in prosecutions or sentencings for criminal cases; codification; effective date.
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As introduced
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Req. No. 8727
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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3931
By: Deck
AS INTRODUCED
An Act relating to crimes and punishments;
prohibiting the use of certain defense in
prosecutions or sentencings; amending 21 O.S. 2021,
Section 711, which relates to the crime of first
degree manslaughter; prohibiting the use of certain
defense in first degree manslaughter cases; amending
21 O.S. 2021, Section 731, which relates to excusable
homicide; prohibiting the use of certain defense in
excusable homicide cases; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 161 of Title 21, unless there is
created a duplication in numbering, reads as follows:
In a prosecution or sentencing for any criminal offense in this
state, evidence of the defendant's discovery of, knowledge about, or
potential disclosure of the actual or perceived sexual orientation
or gender identity or expression of the victim including, without
limitation, under circumstances in which the victim made an unwanted
nonforcible romantic or sexual advance towards the defendant, or if
Req. No. 8727
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the defendant and victim dated or had a romantic or sexual
relationship, shall not be used as a defense to the criminal conduct
of the defendant, to establish a finding that the defendant suffered
from diminished capacity, to justify the use of force by the
defendant against another, or to otherwise mitigate the severity of
the offense.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 711, is
amended to read as follows:
Section 711. A. Homicide is manslaughter in the first degree
in the following cases:
1. When perpetrated without a design to effect death by a
person while engaged in the commission of a misdemeanor.
2. When perpetrated without a design to effect death, and in a
heat of passion, but in a cruel and unusual manner, or by means of a
dangerous weapon; unless it is committed under such circumstances as
constitute excusable or justifiable homicide.
3. When perpetrated unnecessarily either while resisting an
attempt by the person killed to commit a crime, or after such
attempt shall have failed.
B. For the purpose of determining the existence of an alleged
heat of passion in a defendant, the alleged state of passion shall
be deemed not to be objectively reasonable if it resulted from the
discovery of, knowledge about, or potential disclosure of the actual
or perceived sexual orientation or gender identity or expression of
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the victim including, without limitation, under circumstances in
which the victim made an unwanted nonforcible romantic or sexual
advance towards the defendant, or if the defendant and victim dated
or had a romantic or sexual relationship.
SECTION 3. AMENDATORY 21 O.S. 2021, Section 731, is
amended to read as follows:
Section 731. A. Homicide is excusable in the following cases:
1. When committed by accident and misfortune in doing any
lawful act, by lawful means, with usual and ordinary caution, and
without any unlawful intent.
2. When committed by accident and misfortune in the heat of
passion, upon any sudden and sufficient provocation, or upon a
sudden combat provided that no undue advantage is taken, nor any
dangerous weapon used, and that the killing is not done in a cruel
or unusual manner.
B. For the purpose of determining the existence of an alleged
state of passion in a defendant or the alleged provocation of a
defendant by a victim, the alleged state of passion or provocation
shall be deemed not to be objectively reasonable if it resulted from
the discovery of, knowledge about, or potential disclosure of the
actual or perceived sexual orientation or gender identity or
expression of the victim, including, without limitation, under
circumstances in which the victim made an unwanted nonforcible
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romantic or sexual advance towards the defendant, or if the
defendant and victim dated or had a romantic or sexual relationship.
SECTION 4. This act shall become effective November 1, 2024.
59-2-8727
GRS
01/10/24