There are 188 new laws or amended laws that will begin in a few weeks on November 1, 2011. The full list is in a subsequent post. A few highlights are:
Cody’s Law HB1211
HB1211 modifies the state’s “social host” law by providing a misdemeanor penalty of a fine of not more than $500 for any person who knowingly and willfully permitting any person under 21 years of age to consume alcohol or beer on property controlled by the person. A second offense within 10 years results in a misdemeanor conviction punishable by a fine of not more than $1,000. A third or subsequent offense within 10 years is a felony punishable by a fine of not more than $2,500, imprisonment for not more than 5 years or both fine and imprisonment.
Any United States Attorney or Assistant United States Attorney may carry a firearm on his or her person anywhere in the State of Oklahoma if the person has successfully completed an approved course of firearm training conducted by a certified firearms instructor which is equal to the minimum requirements for firearms training as set forth by the Council on Law Enforcement Education and Training.
HB1271 amends 43A O.S. 2001, Section 1-103 definition of a "Person requiring treatment" to include a person who because of his or her mental illness or alcohol dependency poses a substantial risk of immediate physical harm to self or others or has placed another person or persons in a reasonable fear of violent behavior directed towards such person or persons or serious physical harm to them as manifested by serious and immediate threats, is in a condition of severe deterioration such that, without immediate intervention, there exists a substantial risk that severe impairment or injury will result to the person, or poses a substantial risk of immediate serious physical injury to self or death as manifested by evidence that the person is unable to provide for and is not providing for his or her basic physical needs.
The mental health or substance abuse history of the person may be used as part of the evidence to determine whether the person is a person requiring treatment. The mental health or substance abuse history of the person shall not be the sole basis for this determination.
DUI Law Changes HB1319
HB1319 clarifies that a prosecution for child endangerment due to a child being present in a motor vehicle when the operator is under the influence of alcohol or drugs does not prohibit a prosecution for DUI. Modifies the time period for the consideration of second and subsequent DUI offenses by establishing that the 10 year time period is from the date following the completion of any sentence or deferred judgment. Clarifies the use of previous convictions for the consideration of second and subsequent offenses. Removes the requirement that a prior conviction have occurred within 10 years if the prior offense was a conviction of murder in the second degree or manslaughter in the first degree in which the death was caused as a result of DUI. Provides the subsequent punishment is imprisonment for not less than 5 years nor more than 20 years and a fine of not more than $10,000. Increases from 30 days to 90 days the time period a person convicted of aggravated DUI (.15 BAC or greater) must have an ignition interlock device. Modifies the punishment for second and subsequent aggravated DUI. Provides first offense is a misdemeanor punishable by not less than 10 days nor more than 1 year in county jail and a fine of not more than $1,000. Second offense is a felony punishable by not less than 1 year nor more than 5 years imprisonment and a $2,500 fine. A second felony offense is a felony punishable by not less than 1 year nor more than 10 years imprisonment and a fine of not more than $5,000. A third or subsequent felony conviction is punishable by not less than 1 nor more than 20 years imprisonment and a fine of not more than $5,000. Provides that any plea of guilty, nolo contendere or finding of guilt for DUI constitute a conviction for the purpose of consideration as a prior offense. Provides that a witness is to be allowed to testify in the form of an opinion or otherwise solely on the issue of impairment, but not on the issue of specific alcohol concentration level, relating to the following the results of any standardized field sobriety test or whether a person was under the influence of one or more impairing substances and the category of such impairing substance or substances. A witness who has received training and holds a current certification as a drug recognition expert shall be qualified to give the testimony in any case in which such testimony may be relevant.
Amending Oklahoma Firearms Act of 1971 HB1439
The measure expands the right to use deadly force when in fear of imminent peril of death or great bodily harm to a person’s place of business. A person or owner, manager or employee of a business is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to themselves or others when using defensive force that is likely to cause death.
Aaron’s Law HB1507
The measure creates Aaron’s Law. The bill requires the Department of Public Safety to revoke the driving privilege of any person convicted of reckless driving without regard for the safety of others, for failure to obey any traffic control device when the failure results in great bodily injury of another person and for failure to stop or to remain stopped for school bus loading or unloading of children. HB 1507 provides a definition of “great bodily injury”. This law also increases the fine for negligent homicide from $100 to not less than $1,000. Additionally, it provides that the court shall also order a person convicted of negligent homicide to attend a driver improvement or defensive driving course. Aaron’s Law states that if the person has been previously convicted for any traffic offense in the preceding 3 years, the fine is to be doubled.