STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 894	By:	Shortey

AS INTRODUCED

An Act relating to crimes and punishments; creating the Jerome Ersland Act; providing short title; providing presumption of self-defense under certain circumstances; making presumption rebuttable with certain evidence; providing for codification; providing for noncodification; 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:
There shall be a presumption that a homicide occurred in self-defense or in defense of others if:
1.  The deceased was engaged in an armed robbery at or shortly before the death of the person; 
2.  The homicide was in close temporal proximity to the armed robbery; and
3.  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.

53-1-1214	MD	1/20/2011 3:57:11 PM