HB 2398 expanded the force element in specific sexual assault crimes and defined the necessary consent for a sexual act. This part of the bill created 21 OS §§ 111-113. In all instances of sexual assault including, but not limited to, rape, rape by instrumentation and forcible sodomy where force is alleged, the term "force" shall mean any force, no matter how slight, … [Read more...] about New Oklahoma Laws In 2016 Part 19 – Expanding The Force Element In Specific Sexual Assault Crimes & Defining The Necessary Consent For A Sexual Act
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New Oklahoma Laws in 2016 Part 18 – Traditional Insanity Acquittal Abolished
SB 1214 abolishes the traditional insanity acquittal and authorizes new verdicts of "guilty with mental defect" or "not guilty by reason of mental illness." A defendant found “guilty with mental defect” is subject to ordinary punishment, including probation, if authorized. A defendant found "not guilty by reason of mental illness" shall not be released until the court has … [Read more...] about New Oklahoma Laws in 2016 Part 18 – Traditional Insanity Acquittal Abolished
New Oklahoma Laws In 2016 Part 17 – Expanding Drug Court & Community Sentencing Eligibility
HB 2753 modifies 22 OS § 471.2 and 22 OS § 988.2 to expand drug court and community sentencing eligibility to include persons recommended for drug court after a Mental Health and Substance Abuse Assessment and Evaluation. The following are now the basic requirements to enter drug court in Oklahoma: 1. The offender's arrest or charge does not involve a crime of violence … [Read more...] about New Oklahoma Laws In 2016 Part 17 – Expanding Drug Court & Community Sentencing Eligibility
New Oklahoma Laws In 2016 Part 16 – Changing The Definition Of Child Abuse
"Abuse" in the Children's Code used to mean "harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child by a person responsible for the child's health, safety, or welfare, including but not limited to nonaccidental physical or mental injury, sexual abuse, or sexual exploitation." HB 3201 removed a “failure to protect … [Read more...] about New Oklahoma Laws In 2016 Part 16 – Changing The Definition Of Child Abuse
New Oklahoma Laws In 2016 Part 15 – Prosecutor Can Dismiss Charge By Filing A Notice Of Dismissal
HB 2934 amends 22 OS § 815 to allow prosecutors to dismiss a criminal charge by filing a notice of dismissal. The notice must be filed before the preliminary hearing in felony cases and before the matter is set for trial in misdemeanors. A defendant in such case shall only be required to pay the costs of that action if agreed upon by the parties. Dismissal after these time … [Read more...] about New Oklahoma Laws In 2016 Part 15 – Prosecutor Can Dismiss Charge By Filing A Notice Of Dismissal