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OK HB2512

Bill

Status

Introduced

2/1/2016

Primary Sponsor

Lisa Billy

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • 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

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Rules2/2/2016

Full Bill Text

No bill text available