Bill to strengthen penalties for shooting into homes, public buildings moves forward

What is Senate Bill 631?

“This is about violence, violent acts,” said Senate Pro Tem Lonnie Paxton. 

Senate Bill 631 aims to enhance public safety by adding the crime of discharging a firearm at or into a dwelling or building used for public or business purposes to the list of offenses requiring convicts to serve at least 85% of their sentence before becoming eligible for parole.

The bill includes language that ensures individuals who willfully or intentionally discharge a firearm or other deadly weapon into a dwelling is an 85% crime.

“Whether you're driving your car or your feet are on the sidewalk or the yard or street, it is the same crime, and that bullet is just as violent,” said Paxton.

What will Senate Bill 631 change? 

Under current state law, only people convicted of drive-by shooting are charged with what’s considered a violent, 85% crime.

“If somebody drives by a house and shoots into it, that is considered a violent crime, and that is an 85% crime,” said Paxton.

Paxton explains that if somebody stops their car, even for a moment, and steps out into the street or yard and shoots into a dwelling, it is no longer considered a violent crime.

“I'm telling you that bullets are no less violent because of where that person's feet are at,” said Paxton.

He said he wants to fix what he calls a “loophole” in state law.

What is an 85% crime?

In Oklahoma, an '85% crime' refers to certain serious offenses for which an individual, if convicted, must serve at least 85% of their sentence before becoming eligible for parole or any form of early release.

What other offenses are considered 85% crimes?

Most 85% crimes are considered violent crimes, including: 

1. Robbery with a dangerous weapon. 
2. Poisoning with intent to kill. 
3. Assault with intent to kill. 
4. Abuse, neglect, exploitation, or sexual abuse against a child. 
5. Aggravated assault and battery upon any person defending another person from assault and battery. 
6. Aggravated trafficking. 
7. Human trafficking. 
8. Operation of a chop shop. 
9. Transporting with intent to distribute or manufacturing a controlled dangerous substance (second or subsequent offense). 
10. Financial exploitation, abuse, or neglect by a caretaker.

Where does the bill go next?

The legislation will now move to the state senate for consideration.