Tag: oklahoma laws

Immunity For Business Owners For Weapons While In The Scope Of Employment – 2017 Oklahoma Laws #26

A person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity that doesn’t prohibit the carrying of a concealed or unconcealed weapon is immune from liability arising from the carrying of a concealed or unconcealed weapon. The incident must now occur while in the scope of employment. The incident must either happen on the property or in or about a business entity vehicle.

Business Owner’s Rights On Firearms

oklahoma business owner handgun liabilityExcept as provided in 21 O.S. § 1290.22 subsections B, C, and D, nothing contained in any provision of the Oklahoma Self-Defense Act will be construed to limit, restrict, or prohibit in any manner the existing rights of any person, property owner, tenant, employer, place of worship, or business entity to control the possession of weapons on any property owned or controlled by the person or business entity.

No person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity can establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle. 21 O.S. § 1290.22(B)

A property owner, tenant, employer, place of worship or business entity may prohibit any person from carrying a concealed or unconcealed firearm on the property. If the building or property is open to the public, the property owner, tenant, employer, place of worship, or business entity has to post signs on or about the property stating such prohibition. 21 O.S. § 1290.22(C)

No person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity can establish any policy or rule that has the effect of prohibiting any person from carrying a concealed or unconcealed firearm on any property designated by a city, town, county or state governmental authority as a park, recreational area, or fairgrounds. Carrying a concealed or unconcealed firearm may be prohibited in the following places:

  1. The portion of a public property structure or building during an event authorized by the city, town, county, state, or federal governmental authority owning or controlling such building or structure;
  2. Any public property sports field, including any adjacent seating or adjacent area set aside for viewing a sporting event, where an elementary or secondary school, collegiate, or professional sporting event or an International Olympic Committee or organization or any committee subordinate to the International Olympic Committee event is being held;
  3. The fairgrounds during the Oklahoma State Fair or the Tulsa State Fair; and
  4. The portion of a public property structure or building that is leased or under contract to a business or not-for-profit entity or group for offices. cccc

The carrying of a concealed or unconcealed firearm by a person who has been issued a handgun license on property that has signs prohibiting the carrying of firearms shall not be deemed a criminal act but may subject the person to being denied entrance onto the property or removed from the property. If the person refuses to leave the property and a peace officer is summoned, the person may be issued a citation for an amount no greater than $250.

A person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity that does or does not prohibit any individual except a convicted felon from carrying a loaded or unloaded, concealed or unconcealed weapon on property that the person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity owns, or has legal control of, is immune from any liability arising from that decision. Except for acts of gross negligence or willful or wanton misconduct, an employer who does or does not prohibit their employees from carrying a concealed or unconcealed weapon is immune from any liability arising from that decision. A person, property owner, tenant, employer, holder of an event permit, place of worship, or business entity that does not prohibit persons from carrying a concealed or unconcealed weapon per 21 O.S. § 1290.22(D) (above) is immune from any liability arising from the carrying of a concealed or unconcealed weapon, while in the scope of employment, on the property or in or about a business entity vehicle. These provisions don’t apply to claims pursuant to the Administrative Workers’ Compensation Act. It will not be considered part of an employee’s job description or within the employee’s scope of employment if an employee is allowed to carry or discharge a weapon pursuant to this law.

An employer, employee or person who has suffered loss resulting from the discharge of a weapon may seek redress or damages of the person who discharged the weapon or used the weapon outside the provisions of the Oklahoma Self-Defense Act.

SB 288 amended 21 O.S. § 1290.22. It went into effect November 1, 2017.

Sources: SB 288, 21 O.S. § 1277, & 21 O.S. § 1290.22

Arrested for unlawfully carrying a handgun?

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Must Instruct Jury On Definition Of Consent In Sex Crime Cases – 2017 Oklahoma Laws #13

oklahoma consent lawOklahoma criminal courts must instruct the jury on the definition of consent in any crime involving any type of sexual contact or behavior where “consent” is an element of the crime or defense raised by the accused. HB 1127 modified 21 O.S. § 112. It went into effect November 1, 2017.

“Sexual assault” is any type of sexual contact or behavior that occurs without explicit consent of the recipient including, but not limited to, forced sexual intercourse, forcible sodomy, child molestation, child sexual abuse, incest, fondling, and all attempts to complete any of the aforementioned acts.

“Consent” is the affirmative, unambiguous, and voluntary agreement to engage in a specific sexual activity during a sexual encounter that can be revoked at any time.

Consent cannot be given by an individual who is:

  1. asleep or is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason or
  2. is under duress, threat, coercion or force.

Consent cannot be inferred under circumstances in which consent is not clear including, but not limited to:

  1. The absence of an individual saying “no” or “stop” or
  2. The existence of a prior or current relationship or sexual activity.

This change will affect many people charged with sex crimes and give a uniform definition of consent. The definition now used has only been in effect by statute since 2016. This law will likely result in less appeals based on the wording of “consent” in the jury instructions.

Sources: HB 112721 O.S. § 112, & 21 O.S. § 113

Are you accused of a sex crime in Oklahoma?

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Statute Of Limitations Change For Sexual Crimes Against Children – 2017 Oklahoma Laws #12

child sexual abuse oklahomaProsecutions for sexual crimes against children must now be initiated by the forty-fifth birthday of the alleged victim. If the victim is 18 years old or older, then the prosecution must now be initiated within 12 years after the discovery of the crime. Previously, prosecution of sexual crimes against children must have been initiated within 12 years after the discovery of the crime–regardless of the victim’s age. The sexual crimes against children include rape or forcible sodomy, sodomy, lewd or indecent proposals or acts against children, involving minors in pornography, child abuse pursuant, and child trafficking.

This change in law makes it possible to prosecute more people for sexual crimes against children. For example, under the previous law, an individual sexually assaulting a 15 year old could not be prosecuted once the victim turned 28 years old if the crime was discovered when the victim was 15 years old. Under the new law, the victim in the example would have an additional 17 years to have that crime prosecuted.

Prosecutions for the sexual crimes against children may be started at any time after the commission of the offense if 1) physical evidence is collected and preserved that is capable of being tested to obtain a profile from DNA and 2) the identity of the offender is subsequently established through the use of a DNA profile. A prosecution under this exception must be started within three years from the date on which the identity of the suspect is established by DNA testing.

The following changes were also made:

  • No prosecution for sexual crimes against children may be based upon the memory of the victim that has been recovered through psychotherapy unless there is some evidence independent of such repressed memory.
  • Any person who knowingly and willfully makes a false claim of a sexual crime against a children or a claim that the person knows lacks factual foundation may be reported to local law enforcement for criminal investigation and, upon conviction, shall be guilty of a felony.
  • With regards to sexual crimes against children, “discovery” means the date that a physical or sexually related crime involving a victim 18 years old or older is reported to a law enforcement agency.

HB 1468 amended 11 O.S. § 152. This change went into effect on November 1, 2017.

Sources: HB 1468 & 11 O.S. § 152

Charged with a sexual crime against a child?

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New Oklahoma Laws In 2016 Part 14 – Prison Sentence Modification Period Extended To 60 Months

Previously, a prison sentence could be modified within 24 months of being imposed. HB 2443 amends 22 OS § 982a to allow sentences to be modified within 60 months.

The sentencing court can now modify a sentence within 60 months after any of the following:

  • the initial sentence
  • revocation of suspended sentence
  • an original sentence to Drug Offender Work Camp (DOWC)
  • after receipt by the trial court clerk of the mandate affirming conviction and sentence on appeal

HB 2443 – http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2443%20ENR.PDF

22 OS § 982a – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=70771

If you know someone who would like to have their Oklahoma prison sentence modified contact The Urbanic Law Firm.

405-633-3420

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New Oklahoma Laws In 2016 Part 13 – Doubling Fees To Prosecute You

SB 1610 doubles a variety of fees that are assessed in criminal cases. The new fee amounts are as follows:

  • Traffic case for each offense (other than DUI) – $20
  • Misdemeanor case for each offense – $30
  • Misdemeanor DUI offense – $30
  • Felony case for each offense – $50
  • Felony DUI offense – $50
  • Each juvenile case – $30

The sad thing is that most people didn’t have the money to pay the original fees. The higher fees will make it even more likely that people will be dragged back into court for not complying with the terms of their plea agreement.

This law took effect on November 1, 2016.

SB 1610http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/SB/SB1610%20ENR.PDF

Codified at 28 OS § 153 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=76795

If you’ve been charged with a crime, don’t panic! Call Urbanic.

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New Oklahoma Laws In 2016 Part XI – Courts To Consider PTSD When Sentencing Veterans

HB 2595 authorizes any court sentencing a veteran to consider as a mitigating factor that the person has been diagnosed as suffering from post-traumatic stress disorder resulting from his or her military service. The vet has to provide documentary evidence that served in in a combat zone and has been diagnosed with PTSD. The law is codified in 22 OS § 973a.

As a veteran, I think this is a great thing. Many vets come back from combat and are unable to cope with the difficult things they experienced. I salute all the veterans out there, and I’m happy their concerns are being addressed.

Another way veterans are being addressed in the criminal justice system is through the Veterans Diversion Program (Veterans Court) in Oklahoma County. The program is specifically designed to help veterans facing criminal charges. It’s rigorous but worth it. If the veteran successfully completes the program then the charges are dismissed. I’ve worked closely with the people who run the program, and they do an excellent job. Their passion for helping vets is off the charts, so I can’t thank them enough for the great work that they do. I also have to take my hat off for the Oklahoma County District Attorney for supporting this great program.

HB 2595 – http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2595%20ENR.PDF

22 OS § 973a – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=478323

Article covering the bill – http://kfor.com/2016/09/15/new-ptsd-bill-to-go-into-effect-across-oklahoma/

If you are a veteran who is facing charges, don’t panic! Call Urbanic.

405-633-3420

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New Oklahoma Laws In 2016 Part X – Illegal To Commit Forcible Sodomy On Unconscious Victims

HB 2398 closed a loophole in the law that allowed someone who had committed forcible sodomy on an unconscious victim to walk free. The Oklahoma Court of Criminal Appeals ruled in mid-2016 that forcible sodomy is not illegal if a victim is intoxicated or unconscious. The public was outraged when the defendant in that case faced no repercussions for his actions. So, the legislature quickly enacted legislation that the governor quickly signed. It went into effect on June 6, 2016.

Specifically, it made the following acts illegal:

Sodomy committed upon a person who is at the time unconscious of the nature of the act, and this fact should be known to the accused; and Sodomy committed upon a person where the person is intoxicated by a narcotic or anesthetic agent administered by or with the privity of the accused as a means of forcing the person to submit.

HB 2398 text http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2398%20ENR.PDF

Bill codified at 21 OS § 88 http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69419

Article covering the enactment of this billhttp://ktul.com/news/local/state-court-ruling-leads-push-for-change-in-oklahoma-sodomy-law

If you have been accused of forcible sodomy, call attorney Frank Urbanic at 405-633-3420.

New Oklahoma Laws In 2016 Part IX – Revenge Porn Is Now Illegal

SB 1257 makes it illegal to disseminate private sexual images of a person without that person’s consent. In short, “revenge porn” is now illegal in Oklahoma. It’s a misdemeanor punishable by up to one year in jail and fined up to $1,000.Note that the victim has to be at least 18 years old. If the victim is under 18, then other laws are implicated and the punishment is way worse. And, the distribution is not just limited to online postings. You can also be found guilty if you hand a photograph to someone else.

21 OS § 1040.13bhttp://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=478179

SB 1257 – http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/SB/SB1257%20ENR.PDF

If you’ve been accused of distributing private sexual images without the other’s consent (revenge porn), don’t panic! Call Urbanic.

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New Oklahoma laws in 2016 Part VII – Collection of DNA for felony arrests

If you’re arrested for a felony in Oklahoma, your DNA will now be taken. Simple as that!

Although I’m not a fan of the government having more information on us, I know that the collection of DNA in this manner has exonerated many people who have been wrongly convicted. So, I hope this law helps more people than it harms by the intrusion into our liberty.

The enacted legislation: HB 2275.

The primary statute: 22 OS § 210.

If you or anyone you know has been arrested —

Don’t panic! Call Urbanic.

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New Oklahoma laws in 2016 Part VI – No longer illegal to drive without insurance card

Before November 1, 2016, it was illegal to drive without an insurance card in Oklahoma–even if you had car insurance. You were subject to up to a $250 fine and imprisonment for no more than 30 days. HB 2473 changed all that. Those penalties applied equally to people who had insurance but no card and people with no insurance. Now, those penalties only apply to people driving without insurance. The officer now has to use an online verification system to check someone’s car insurance status, and the officer must be able to verify that you have insurance through that system for you to not get cited.

HB 2473 can be found here.

The law is codified in 47 OS § 7-600.2 here.

Here’s a news article on the new law

If you have been pulled over for any reason and arrested or issued a  ticket, call attorney Frank Urbanic at 405-633-3420.