§21-644v1.

§21-644v1.
   
   A. Assault shall be punishable by imprisonment in a county jail not
   exceeding thirty (30) days, or by a fine of not more than Five Hundred
   Dollars ($500.00), or both such fine and imprisonment.
   
   B. Assault and battery shall be punishable by imprisonment in a county
   jail not exceeding ninety (90) days, or by a fine of not more than One
   Thousand Dollars ($1,000.00), or by both such imprisonment and fine.
   
   C. Any person who commits any assault and battery against a current or
   former spouse, a present spouse of a former spouse, parents, a foster
   parent, a child, a person otherwise related by blood or marriage, a
   person with whom the defendant is in a dating relationship as defined
   by Section 60.1 of Title 22 of the Oklahoma Statutes, an individual
   with whom the defendant has had a child, a person who formerly lived
   in the same household as the defendant, or a person living in the same
   household as the defendant shall be guilty of domestic abuse. Upon
   conviction, the defendant shall be punished by imprisonment in the
   county jail not exceeding one (1) year, or by a fine of not more than
   Three Thousand Dollars ($3,000.00), or by both such fine and
   imprisonment. Any second or subsequent conviction of domestic abuse
   shall be a felony punishable by imprisonment in the custody of the
   Department of Corrections for not more than two (2) years, or by a
   fine of not more than Five Thousand Dollars ($5,000.00), or by both
   such fine and imprisonment. Every conviction of domestic abuse shall
   require as a condition of a suspended sentence that the defendant
   participate in counseling or treatment to bring about the cessation of
   domestic abuse. The defendant may be required to pay all or part of
   the cost of the counseling or treatment, in the discretion of the
   court. For the purposes of this subsection, any conviction for assault
   and battery against a current or former spouse, a present spouse of a
   former spouse, parents, a foster parent, a child, a person otherwise
   related by blood or marriage, a person with whom the defendant is in a
   dating relationship as defined by Section 60.1 of Title 22 of the
   Oklahoma Statutes, an individual with whom the defendant has had a
   child, a person who formerly lived in the same household as the
   defendant, or any person living in the same household as the
   defendant, shall constitute a sufficient basis for a felony charge:
   
   1. If that conviction is rendered in any state, county or parish court
   of record of this or any other state; or
   
   2. If that conviction is rendered in any municipal court of record of
   this or any other state for which any jail time was served; provided,
   no conviction in a municipal court of record entered prior to November
   1, 1997, shall constitute a prior conviction for purposes of a felony
   charge.