Oklahoma Senate Overrides Veto of Survivor’s Act

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OKLAHOMA CITY, Okla. – On Wednesday, Gov. Kevin Stitt’s veto of Senate Bill 1470 was swiftly overridden by the Oklahoma Senate, the first override of the 2024 legislative session. Known as the Survivor’s Act, the bill would allow courts to consider a defendant’s history of domestic abuse as a factor in sentencing. 

Oklahoma has one of the highest rates of domestic violence in the country. Data from the World Population Review reveals that 49% of Oklahoma women will be victims of domestic violence in their lifetime. Partner violence also affects men, with 40% experiencing some form of abuse.

Roughly 66% of incarcerated women have been victims of domestic abuse before entering the system. 

Instances that become fatal disproportionately affect Black women. Despite accounting for only 5.5% of the population, Black women represent 21% of homicide victims.

“It is appalling that the governor wouldn’t stand up for the victims of domestic violence,” said Senate Pro Tem Greg Treat in a press release. “The governor is playing politics in the worst way possible, and this stands to negatively impact the lives of victims of horrific crimes, further traumatizing them. There was zero communication from the governor or his team before vetoing this legislation. He either has no grasp of this policy or doesn’t care enough to get involved to inform himself. Whichever it is, it’s embarrassing, especially for our state that has such a high rate of domestic violence.”

The override passed 46-1, with the only opposing vote coming from Senator Nathan Dahm (R-Broken Arrow). 

Language of the Survivor’s Act

For a defendant’s history of domestic assault to be considered in sentencing, evidence would have to be submitted to the court. Evidence can come in many forms, including hospital records and witness testimony. 

If the court accepts the evidence, it will depart from traditional sentencing. A defendant proven to be a victim of domestic abuse would have their life sentence decreased to a maximum of 30 years. 

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Survivors already in state custody will be eligible to apply for resentencing.

In his veto message, Stitt stated, “Although sold as a shield to protect victims, this bill would create a sword by which criminal defendants will fight the imposition of justice based on prior abuse.”

The Oklahoma District Attorneys Association has come out in support of Stitt’s veto.

Groups Rally Behind the Legislation

The Oklahoma Survivor’s Justice Coalition is a collective that advocates for survivors of domestic violence in Oklahoma’s prison system. Coalition participants include the ACLU of Oklahoma, the OK Policy Institute, and The Terence Crutcher Foundation, among many others.

Following Stitt’s veto, the group released the following statement:

“We remain resolutely committed to justice, safety and freedom for all survivors. We will be working in the coming days to remedy this grave error and ensure survivors across Oklahoma get the justice they deserve.”

OK Survivor’s Justice Coalition