Okla. Stat. tit. 21, § 21-142A-3
This is the official text of Okla. Stat. tit. 21, § 21-142A-3, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.
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Informing victim of rights – Lethality assessment
Official statutory text
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
Oklahoma Statutes - Title 21. Crimes and Punishments Page 158
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
Oklahoma Statutes - Title 21. Crimes and Punishments Page 159
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
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;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 160
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.
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
Oklahoma Statutes - Title 21. Crimes and Punishments Page 158
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
Oklahoma Statutes - Title 21. Crimes and Punishments Page 159
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
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;
Oklahoma Statutes - Title 21. Crimes and Punishments Page 160
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.
Status: in_force · Read it on the official government site
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