Bill giving domestic violence victims leniency in court heads to Governor Stitt's desk

OKLAHIMA CITY — A bill meant to give leniency to domestic violence victims in Oklahoma's court system has been sent to Oklahoma Governor Kevin Stitt's desk.

On Monday, Senate Bill 1835 passed 86-4 in the Oklahoma House of Representatives, with 11 Representatives excusing themselves.

The bill previously overwhelmingly passed in the Oklahoma Senate .

Senate Bill 1835, named the Oklahoma Survivor's Act, would allow a judge to consider a reduction in sentence if a domestic violence victim assaults or even kills their abuser, but they must have clear and convincing evidence abuse took place and likely contributed to the crime.

Under Senate Bill 1835, a domestic violence victim can be given a lighter sentence if it is determined the crime they committed was upon a family member, sexual partner, or someone who has trafficked them and pushed them past their breaking point where they felt violence was the only answer.

The bill would also allow domestic violence victims serving a sentence for a violent crime they committed upon their abuser to apply for a sentence reduction.

This isn’t the first time the Oklahoma Survivor’s Act has been sent to Stitt’s desk.

Stitt previously vetoed the original version of the Oklahoma Survivors Act because he said law enforcement and district attorneys believed the language related to past trauma and the proof needed for a reduced sentence was too light, and it opened the state up to all prisoners applying for leniency simply because at some point in their life they experienced trauma.

Now with the re-written bill, the burden of proof goes from "substantially related" evidence to "clear and convincing evidence" that must presented to a judge in order to be considered for a lighter sentence. Proof must also be shown that the victim of the crime was in fact an abuser that likely pushed the victim to their breaking point causing them to commit the violent crime.

The bill would not totally eliminate the sentence for a conviction of a violent crime, but in some cases, it could greatly reduce the time spent behind bars. In some cases, it could even eliminate the possibility of a life sentence.

The leniency would not be considered during trial. It would be brought up during sentencing phase or during a new re-sentencing hearing requested by an inmate.

The bill now awaits Stitt’s signature.

If you are the victim of domestic violence, there are resources available. In the Tulsa metro call Domestic Violence Intervention Services at (918) 7HELP.ME and the National Domestic Violence Hotline is (800) 799-7233.