STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 893	By:	Shortey

AS INTRODUCED

An Act relating to crimes and punishments; creating the Jerome Ersland Act; providing short title; making certain acts justified under specified conditions; making presumption rebuttable with certain evidence; providing for noncodification; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Jerome Ersland Act”.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 734 of Title 21, unless there is created a duplication in numbering, reads as follows:
A homicide shall be presumed to be justified if:
1.  The deceased was committing an act of armed robbery at or shortly before the action that led to the death of the person; and
2.  The homicide occurred on the property where the armed robbery had taken place.
This presumption is rebuttable by clear and convincing evidence that the homicide was not in self-defense or in the defense of others.
SECTION 3.  This act shall become effective November 1, 2011.

53-1-1213	MD	1/20/2011 3:57:02 PM