Senate votes to override Stitt veto of domestic abuse sentencing mitigation bill

Senate Overrides Veto, Allowing Consideration of Domestic Violence in Sentencing

Introduction

Senate lawmakers voted overwhelmingly on Wednesday to override Gov. Kevin Stitt’s veto of a bill that would allow courts to consider domestic violence suffered by victims as a mitigating factor in sentencing abuse victims convicted of crimes.

Sustainable Development Goals (SDGs)

• Goal 5: Gender Equality
• Goal 16: Peace, Justice, and Strong Institutions

Background

Stitt used his veto pen on Tuesday to prevent passage of Senate Bill 1470 into law. The legislation asserts that a history of physical, sexual or psychological abuse can be a key factor when someone commits a crime, such as a crime against an abuse perpetrator, and that it would be reasonable for juries to consider that abuse when sentencing a domestic violence victim.

Governor’s Veto

In his veto message, Stitt said he is committed to efforts to improve the state’s criminal justice system but that SB 1470 was a “bridge too far” in that it would give people too much latitude to use abuse as an excuse to commit crimes. He expressed concerns that the bill would allow violent individuals to present a threat to society.

Senate Override

Senators voted 46-1 to override the veto. It wasn’t clear whether or when an override vote might be taken in the House, but that chamber’s majority floor leader, Rep. Jon Echols, R-Oklahoma City, said he was confident that SB 1470 or a similar bill will pass into law this year. Echols emphasized the importance of protecting domestic violence victims.

Criticism of Governor’s Decision

Senate President Pro Tem Greg Treat, R-Oklahoma City, criticized the governor’s decision, stating that his office did not contribute to any discussion of the legislation. Treat highlighted the efforts made by lawmakers to work with the Oklahoma District Attorneys Council in crafting the measure.

Support for the Bill

Rep. Monroe Nichols, D-Tulsa, expressed frustration and confusion over the governor’s veto. He noted that SB 1470, referred to as the Oklahoma Survivors’ Act, passed with strong bipartisan support in both the House and the Senate. The Oklahoma Survivors Justice Coalition thanked lawmakers for their support of the bill.

Impact of the Bill

The bill, also known as the Oklahoma Survivors’ Act, aims to provide a commonsense way for victims of abuse to introduce evidence of that abuse for consideration by jurors during a sentencing phase of a trial. It also allows currently incarcerated abuse survivors to apply for resentencing if they can prove that the abuse they suffered was substantially related to their crime.

Governor’s Concerns

In his veto message, Stitt expressed concerns that the bill didn’t set clear limits on how abuse could be considered as a mitigating factor in a crime. He provided a hypothetical example to illustrate his point. Stitt acknowledged that abuse should be a mitigating factor in cases where the abuser becomes the victim.

Conclusion

The Senate’s override of Gov. Stitt’s veto demonstrates a commitment to addressing domestic violence and ensuring justice for abuse victims. The passage of SB 1470 or a similar bill would contribute to achieving Sustainable Development Goals 5 and 16, which aim to promote gender equality and establish peace, justice, and strong institutions.