STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2526	By:	Floyd

AS INTRODUCED

An Act relating to domestic violence; amending 21 O.S. 2011, Section 142A-3, which relates to informing victims of certain rights; directing peace officers to make certain assessment; providing questions for lethality assessment; providing for referrals; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     21 O.S. 2011, Section 142A-3, is amended to read as follows:
Section 124A-3.  A.  Upon the preliminary investigation of a violent crime, it shall be the duty of the officer who interviews the victim of such crime to inform the victim, or a responsible adult if the victim is a minor child or an incompetent person, or the family member who receives death notification in the case of a homicide, in writing, of their rights as a crime victim.  Written notification shall consist of handing the victim, responsible adult, if the victim is a minor child or an incompetent person, or family member receiving death notification, a preprinted card or brochure that, at a minimum, includes the following information:
1.  A statement that reads, “As a victim of crime, you have certain rights”;
2.  Telephone and address information for the local District Attorney Victim-Witness Coordinator; and
3.  The website address where victims can access a full list of their rights, additional information, and how to apply for crime victim compensation assistance.
B.  A victim of domestic abuse has the right to be informed by the first peace officer who interviews the victim of domestic abuse of the twenty‑four‑hour statewide telephone communication service established by Section 18p-5 of Title 74 of the Oklahoma Statutes and to give notice to the victim of certain rights.  The notice shall consist of handing such victim the following statement:
"As a victim of domestic abuse, you have certain rights.  These rights are as follows:
1.  The right to request that charges be pressed against your assailant;
2.  The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available;
3.  The right to be informed of financial assistance and other social services available as a result of being a victim, including information on how to apply for the assistance and services; and
4.  The right to file a petition for a protective order or, when the domestic abuse occurs when the court is not open for business, to request an emergency temporary protective order."
C.  The victim of rape or forcible sodomy has the right to be informed by the officer who interviews the victim of the rape or forcible sodomy, or a responsible adult if the victim is a minor child or an incompetent person, of the twenty-four-hour statewide telephone communication service established by the Office of the Attorney General for victims of sexual assault pursuant to Section 18p-5 of Title 74 of the Oklahoma Statutes and to give notice to the victim or such responsible adult of certain rights of the victim.  The notice shall consist of handing such victim or responsible adult a written statement in substantially the following form:
“As a victim of the crime of rape or forcible sodomy, you have certain rights.  These rights are as follows:
1.  The right to request that charges be pressed against your assailant;
2.  The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available;
3.  The right to be informed of financial assistance and other social services available to victims, including information on how to apply for the assistance and services;
4.  The right to a free forensic medical examination; and
5.  The right to be informed by the district attorney of other victim's rights available pursuant to Section 142A-2 of Title 21 of the Oklahoma Statutes.”
D.  Upon the preliminary investigation of a domestic violence crime, the first peace officer who interviews the victim of domestic abuse shall assess the potential for danger by asking a series of questions provided on a lethality assessment form.  The lethality assessment form shall include the following questions:
1.  Has the person ever used a weapon against the victim or threatened the victim with a weapon?
2.  Has the person threatened to kill the victim or children of the victim?
3.  Does the victim think the person will try to kill the victim?
4.  Does the person have a firearm or can the person get a firearm easily?
5.  Has the person ever tried to choke the victim?
6.  Is the person violently or constantly jealous or does the person control most of the daily activities of the victim?
7.  Has the victim left or separated from the person after living together or being married?
8.  Is the person unemployed?
9.  Has the person ever tried to kill himself or herself?
10.  Does the victim have a child that the person knows is not his or her own child?
11.  Does the person follow or spy on the victim or leave the victim threatening messages?
12.  Is there anything else that worries the victim about his or her safety and if so, what worries the victim?
Based upon the results of the lethality assessment, referrals to shelters, domestic violence intervention programs and other social services shall be provided to the victim.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-8311	GRS	01/12/14