Prosecutors, Victim Advocates Debate Over Oklahoma Survivors' Act

A bill vetoed by the governor is getting mixed reactions from prosecutors and people who help domestic violence victims.

The bill would make it possible for victims of domestic violence to get a lighter sentence if they can prove the crime they committed was directly related to the abuse they suffered. 

The Senate overrode the governor’s veto, and the House is still deciding.

The bill is called the Oklahoma Survivors' Act and some prosecutors are concerned it could actually benefit criminals.

Related: Oklahoma District Attorney's Claim Loopholes In Senate Bill 1470 Could Give Criminal's Lighter Sentences

The Oklahoma Survivors' Act was designed to help survivors of domestic or sexual violence get a lighter sentence if the crime they committed was because of their abuse.

"We are going to be opening up Pandora's box for any person who can say, at some point, they were the victim of domestic violence," said Tulsa County District Attorney Steve Kunzweiler.

He said his main concern with the bill’s language is that it has the ability to go back and change previous sentences. 

“I’m not opposed or want to see anybody be the victim of domestic violence, but there are characters that will take advantage of what this idea is," he said.

But those in favor of the bill said the language requires people prove domestic violence was a big factor in why they committed the crime, like a victim who fought back against their abuser or was forced by an abuser to commit a robbery.

They would have to show evidence with documents like a court transcript or hospital record.

“It’s very common; we know quite a few women incarcerated because they committed a crime directly associated to their victim status," said Tracey Lyall with DVIS. 

Domestic Violence Intervention Services said the bill would allow some victims who served time already to get out of prison.

"The sentencing relief will get some women home back to families quicker," she said.

A new companion bill clarifies the language to make domestic violence a "significant contributing factor" for someone applying the new law to their case.

The House has until the end of May to override the veto.

If they do, the bill becomes law.