§ 21-142A-3 — Informing victim of rights – Lethality assessment.

A. Upon the preliminary investigation of a violent crime, it shall be the duty of the peace officer who interviews the victim of such crime to inform the victim, or a responsible adult if the victim is a minor child or an incompetent person, or the family member who receives death notification in the case of a homicide, in writing, of their rights as a crime victim. Written notification shall consist of handing the victim, responsible adult, if the victim is a minor child or an incompetent person, or family member receiving death notification, a preprinted card or brochure that, at a minimum, includes the following information: 1. A statement that reads, "As a victim of crime, you have certain rights"; 2. Telephone and address information for the local District Attorney Victim-Witness Coordinator; and 3. The website address where victims can access a full list of their rights, additional information, and how to apply for crime victim compensation assistance. B. A victim of domestic abuse has the right to be informed by the first peace officer who interviews the victim of domestic abuse of the twenty-four-hour statewide telephone communication service established by Section 18p-5 of Title 74 of the Oklahoma Statutes and to give notice to the victim of certain rights. The notice shall consist of handing such victim the following statement: "As a victim of domestic abuse, you have certain rights. These rights are as follows: 1. The right to request that charges be pressed against your assailant; 2. The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available; 3. The right to be informed of financial assistance and other social services available as a result of being a victim including information on how to apply for the assistance and services; and 4. The right to file a petition for a protective order or, when the domestic abuse occurs when the court is not open for business, to request an emergency temporary protective order." C. The victim of sexual assault, as defined in Section 142.20 of this title, has the right to be informed by the peace officer who interviews the victim of sexual assault, or a responsible adult if the victim is a minor child or an incompetent person, of the twenty- four-hour statewide telephone communication service established by the Office of the Attorney General for victims of sexual assault pursuant to Section 18p-5 of Title 74 of the Oklahoma Statutes and to give notice to the victim or such responsible adult of certain rights of the victim. The notice shall consist of handing such victim or responsible adult a written statement in substantially the following form: "As a victim of sexual assault, you have certain rights. These rights are as follows: 1. The right to request that charges be pressed against your assailant; 2. The right to request protection from any harm or threat of harm arising out of your cooperation with law enforcement and prosecution efforts as far as facilities are available and to be provided with information on the level of protection available; 3. The right to be informed of financial assistance and other social services available to victims including information on how to apply for the assistance and services; 4. The right to a free forensic medical examination; 5. The right to be informed by the district attorney of other victim's rights available pursuant to Section 142A-2 of this title; 6. The right to speak with a sexual assault victims' advocate; 7. The right to request and receive the status and results of the analysis of the sexual assault forensic evidence; and 8. The right to request a copy of the police report." D. Upon the preliminary investigation of a domestic violence crime involving intimate partner violence, the first peace officer who interviews the victim of domestic abuse shall assess the potential for danger by asking a series of questions provided on a lethality assessment form available on the Oklahoma Attorney General website. The lethality assessment form shall include the following questions: 1. Has the person ever used a weapon against the victim or threatened the victim with a weapon? 2. Has the person threatened to kill the victim or children of the victim? 3. Does the victim think the person will try to kill the victim? 4. Has the person ever tried to choke the victim? 5. Is the person violently or constantly jealous or does the person control most of the daily activities of the victim? 6. Has the victim left or separated from the person after living together or being married? 7. Is the person unemployed? 8. Has the person ever tried to kill himself or herself? 9. Does the victim have a child that the person knows is not his or her own child? 10. Does the person follow or spy on the victim or leave the victim threatening messages? 11. Is there anything else that worries the victim about his or her safety and if so, what worries the victim? E. If the results of the lethality assessment indicate a referral is suggested, the assessing officer shall implement the protocol referral process to a domestic violence advocate from a certified or tribal program as follows: 1. Advise the victim of the results of the assessment; 2. Advise the victim that based on the results of the assessment the officer will call the domestic violence hotline to allow the victim to speak with an advocate; 3. If the victim does not want to speak with an advocate, the officer shall document the refusal on the form. F. Regardless of the results of the lethality assessment, referral information for shelters, domestic violence programs and other social services shall be provided to the victim.

Legislative History

Added by Laws 2010, c. 135, § 5, eff. Nov. 1, 2010. Amended by Laws 2014, c. 196, § 1, eff. Nov. 1, 2014; Laws 2021, c. 344, § 1, eff. Nov. 1, 2021; Laws 2022, c. 228, § 3, emerg. eff. May 5, 2022. NOTE: Laws 2021, c. 552, § 8 repealed by Laws 2022, c. 228, § 4, emerg. eff. May 5, 2022.