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OK HB2512
Bill
Status
2/1/2016
Primary Sponsor
Lisa Billy
Click for details
AI Summary
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Amends Oklahoma's child abuse penalty statute (21 O.S. Section 843.5) to create a "duress by abuse" defense for persons charged with enabling child abuse, enabling child neglect, enabling child sexual abuse, or enabling child sexual exploitation
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Defense applies when the defendant had reasonable apprehension that intervening to stop the child abuse would result in imminent intimate partner abuse to themselves or a minor child; may be proven through medical testimony, expert psychological/psychiatric testimony, or other evidence
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Defendants who successfully assert the duress defense must complete a court-ordered needs assessment and recovery plan (maximum 2 years) in lieu of conviction, including medical, social, and psychological services through Attorney General-certified domestic violence or sexual assault programs
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Allows persons previously convicted under the enabling provisions to file for post-conviction relief within 5 years of the act's effective date if they would have qualified for the duress defense
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Requires the alleged abuser to pay all costs of the defendant's needs assessment and recovery plan; effective date November 1, 2016
Legislative Description
Crimes and punishments; providing duress by abuse defense for persons accused of certain crimes; effective date.
Last Action
Second Reading referred to Rules
2/2/2016