New law tough on domestic abusers
July 4th, 2009
OKLAHOMA CITY - A new law that took effect t his month cracks down on domestic abusers and bans sex offenders from operating ice-cream trucks.
Senate Bill 1020, which went into effect Wednesday, makes any person who commits domestic abuse and has a history of physical abuse guilty of a felony.
A conviction is punishable by as much as 10 years in prison, a $5,000 fine or both.
In the past, domestic abuse had been a misdemeanor, even if there was evidence of previous abuse, said Sen. Jonathan Nichols, R-Norman, a sponsor of the law.
"Why should someone who is abusing his wife or girlfriend get the benefit of not having been caught for all the other times he has been punching and hitting her when there is proof of him doing it?" asked Nichols, a former prosecutor in the Cleveland County District Attorney's Office.
A pattern of domestic abuse is defined as three or more separate incidents on separate days within a six-month period.
"The prior incidences only need to be proven through direct evidence of any type," Nichols said. "It could include photographs, videotapes, emergency-room reports, a witness or an emergency-room attendant. Direct evidence takes many forms in the law."
Another section of the bill bans sex offenders from operating ice-cream vending trucks and requires employers to conduct background checks on potential ice-cream truck drivers.
Sex offenders found operating ice-cream trucks may be punished by as much as 2 1/2 years in prison, a $1,000 fine or both.
"A sheriff or police officer may arrest without a warrant any person who the officer has probable cause to believe has violated the provisions of this section," the law states.
Employers who uncover that a sex offender has been operating an ice-cream truck must report it to the district attorney.
The law also requires employers to conduct annual background checks against the Oklahoma Sex Offender Registry and keep records.
Sen. Jay Paul Gumm, D-Durant, one of the law's sponsors, said, "There hasn't been a case in Oklahoma, but there have been several in other states," including California, New York, Pennsylvania and Florida.
"I felt like it was important to put this in place so we don't have that problem here in our state," Gumm said.
BARBARA HOBEROCK - Tulsa World Capitol Bureau