Legislation protecting Oklahomans charged with murder of their abusive domestic partner has been unanimously passed by the Oklahoma House of Representatives.

The Domestic Abuse Survivorship Act, created in House Bill 1639, requires that courts consider whether a person has been physically, sexually, economically or psychologically abused when weighing sentencing or guilty pleas in cases of murder of their intimate partner. If evidence is found that the defendant is a survivor of domestic abuse, the Act limits the punishment available for the charged offense.

Rep. Toni Hasenbeck, R-Elgin, authored the bill after learning of multiple cases across the state and nation where victims were sentenced to prison for murder of their abusive partner despite threats against their own lives.

"It is deeply concerning that, despite legitimate fear for their lives, thousands of abuse survivors are incarcerated for huge prison sentences even though they pose no threat to society," Hasenbeck said. "The Domestic Abuse Survivorship Act is designed to help protect these vulnerable women and men who had to make the incredibly brave decision to save their own lives, even when the only available option meant ending the life of their abuser. Oklahoma's survivors deserve justice."

According to the Oklahoma Dept. of Health, 49% of women and 40% of men have experienced violence from an intimate partner at least once in their lives. Data from the Oklahoma Domestic Violence Fatality Review Board found 118 people were killed by domestic violence in 2021.

Hasenbeck also presented an amendment on the floor to require a psychological or psychiatric evaluation be administered to the defendant within 72 hours of arrest to aid in the determination of whether abuse was present in the relationship.

Hasenbeck plans to develop future legislation to expand the Act retroactively so Oklahomans like April Wilkens, a domestic violence survivor who has served 25 years for the murder of her abusive ex-fiancée, can have a chance at freedom.

HB1639 passed the House 91-0 with its title struck, requiring a second vote by the House if the bill is approved by the Senate. If signed into law, the bill would take effect Nov. 1, 2023.