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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 728 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to the Protection from Domestic Abuse
7 Act; amending 22 O.S. 2021, Sections 60.6 and 60.17,
8 which relate to violations of protective orders;
8 requiring court to order Global Positioning System
9 monitoring of certain persons served with protective
9 order; providing an effective date; and declaring an
10 emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 22 O.S. 2021, Section 60.6, is
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15 amended to read as follows:
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16 Section 60.6. A. Except as otherwise provided by this section,
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17 any person who:
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18 1. Has been served with an emergency temporary, ex parte or
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19 final protective order or foreign protective order and is in
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20 violation of such protective order, upon conviction, shall be guilty
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21 of a misdemeanor and shall be punished by a fine of not more than
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22 One Thousand Dollars ($1,000.00) or by a term of imprisonment in the
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23 county jail of not more than one (1) year, or by both such fine and
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24 imprisonment; and
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1 2. After a previous conviction of a violation of a protective
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2 order, is convicted of a second or subsequent offense pursuant to
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3 the provisions of this section shall, upon conviction, be guilty of
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4 a felony and shall be punished by a term of imprisonment in the
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5 custody of the Department of Corrections for not less than one (1)
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6 year nor more than three (3) years, or by a fine of not less than
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7 Two Thousand Dollars ($2,000.00) nor more than Ten Thousand Dollars
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8 ($10,000.00), or by both such fine and imprisonment.
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9 B. 1. Any person who has been served with an emergency
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10 temporary, ex parte or final protective order or foreign protective
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11 order who violates the protective order and causes physical injury
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12 or physical impairment to the plaintiff or to any other person named
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13 in said protective order shall, upon conviction, be guilty of a
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14 misdemeanor and shall be punished by a term of imprisonment in the
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15 county jail for not less than twenty (20) days nor more than one (1)
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16 year. In addition to the term of imprisonment, the person may be
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17 punished by a fine not to exceed Five Thousand Dollars ($5,000.00).
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18 2. Any person who is convicted of a second or subsequent
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19 violation of a protective order which causes physical injury or
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20 physical impairment to a plaintiff or to any other person named in
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21 the protective order shall be guilty of a felony and shall be
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22 punished by a term of imprisonment in the custody of the Department
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23 of Corrections of not less than one (1) year nor more than five (5)
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24 years, or by a fine of not less than Three Thousand Dollars
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1 ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by
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2 both such fine and imprisonment.
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3 3. In determining the term of imprisonment required by this
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4 section, the jury or sentencing judge shall consider the degree of
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5 physical injury or physical impairment to the victim.
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6 4. The provisions of this subsection shall not affect the
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7 applicability of Sections 644, 645, 647 and 652 of Title 21 of the
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8 Oklahoma Statutes.
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9 C. The minimum sentence of imprisonment issued pursuant to the
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10 provisions of paragraph 2 of subsection A and paragraph 2 of
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11 subsection B of this section shall not be subject to statutory
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12 provisions for suspended sentences, deferred sentences or probation,
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13 provided the court may subject any remaining penalty under the
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14 jurisdiction of the court to the statutory provisions for suspended
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15 sentences, deferred sentences or probation.
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16 D. In addition to any other penalty specified by this section,
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17 the court shall require a defendant to undergo the treatment or
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18 participate in the counseling services necessary to bring about the
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19 cessation of domestic abuse against the victim or to bring about the
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20 cessation of stalking or harassment of the victim. For every
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21 conviction of violation of a protective order:
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22 1. The court shall specifically order as a condition of a
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23 suspended sentence or probation that a defendant participate in
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1 counseling or undergo treatment to bring about the cessation of
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2 domestic abuse as specified in paragraph 2 of this subsection;
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3 2. a. The court shall require the defendant to participate
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4 in counseling or undergo treatment for domestic abuse
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5 by an individual licensed practitioner or a domestic
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6 abuse treatment program certified by the Attorney
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7 General. If the defendant is ordered to participate
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8 in a domestic abuse counseling or treatment program,
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9 the order shall require the defendant to attend the
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10 program for a minimum of fifty-two (52) weeks,
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11 complete the program, and be evaluated before and
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12 after attendance of the program by a program counselor
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13 or a private counselor.
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14 b. A program for anger management, couples counseling, or
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15 family and marital counseling shall not solely qualify
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16 for the counseling or treatment requirement for
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17 domestic abuse pursuant to this subsection. The
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18 counseling may be ordered in addition to counseling
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19 specifically for the treatment of domestic abuse or
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20 per evaluation as set forth below. If, after
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21 sufficient evaluation and attendance at required
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22 counseling sessions, the domestic violence treatment
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23 program or licensed professional determines that the
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24 defendant does not evaluate as a perpetrator of
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1 domestic violence or does evaluate as a perpetrator of
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2 domestic violence and should complete other programs
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3 of treatment simultaneously or prior to domestic
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4 violence treatment, including but not limited to
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5 programs related to the mental health, apparent
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6 substance or alcohol abuse or inability or refusal to
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7 manage anger, the defendant shall be ordered to
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8 complete the counseling as per the recommendations of
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9 the domestic violence treatment program or licensed
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10 professional;
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11 3. a. The court shall set a review hearing no more than one
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12 hundred twenty (120) days after the defendant is
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13 ordered to participate in a domestic abuse counseling
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14 program or undergo treatment for domestic abuse to
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15 assure the attendance and compliance of the defendant
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16 with the provisions of this subsection and the
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17 domestic abuse counseling or treatment requirements.
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18 b. The court shall set a second review hearing after the
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19 completion of the counseling or treatment to assure
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20 the attendance and compliance of the defendant with
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21 the provisions of this subsection and the domestic
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22 abuse counseling or treatment requirements. The court
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23 may suspend sentencing of the defendant until the
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24 defendant has presented proof to the court of
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1 enrollment in a program of treatment for domestic
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2 abuse by an individual licensed practitioner or a
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3 domestic abuse treatment program certified by the
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4 Attorney General and attendance at weekly sessions of
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5 such program. Such proof shall be presented to the
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6 court by the defendant no later than one hundred
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7 twenty (120) days after the defendant is ordered to
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8 such counseling or treatment. At such time, the court
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9 may complete sentencing, beginning the period of the
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10 sentence from the date that proof of enrollment is
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11 presented to the court, and schedule reviews as
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12 required by subparagraphs a and b of this paragraph
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13 and paragraphs 4 and 5 of this subsection. The court
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14 shall retain continuing jurisdiction over the
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15 defendant during the course of ordered counseling
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16 through the final review hearing;
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17 4. The court may set subsequent or other review hearings as the
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18 court determines necessary to assure the defendant attends and fully
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19 complies with the provisions of this subsection and the domestic
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20 abuse counseling or treatment requirements;
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21 5. At any review hearing, if the defendant is not
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22 satisfactorily attending individual counseling or a domestic abuse
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23 counseling or treatment program or is not in compliance with any
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24 domestic abuse counseling or treatment requirements, the court may
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1 order the defendant to further or continue counseling, treatment, or
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2 other necessary services. The court may revoke all or any part of a
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3 suspended sentence, deferred sentence, or probation pursuant to
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4 Section 991b of this title and subject the defendant to any or all
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5 remaining portions of the original sentence;
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6 6. At the first review hearing, the court shall require the
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7 defendant to appear in court. Thereafter, for any subsequent review
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8 hearings, the court may accept a report on the progress of the
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9 defendant from individual counseling, domestic abuse counseling, or
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10 the treatment program. There shall be no requirement for the victim
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11 to attend review hearings; and
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12 7. If funding is available, a referee may be appointed and
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13 assigned by the presiding judge of the district court to hear
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14 designated cases set for review under this subsection. Reasonable
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15 compensation for the referees shall be fixed by the presiding judge.
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16 The referee shall meet the requirements and perform all duties in
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17 the same manner and procedure as set forth in Sections 1-8-103 and
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18 2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
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19 appointed in juvenile proceedings.
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20 E. Emergency temporary, ex parte and final protective orders
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21 shall include notice of these penalties.
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22 F. When a minor child violates the provisions of any protective
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23 order, the violation shall be heard in a juvenile proceeding and the
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24 court may order the child and the parent or parents of the child to
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1 participate in family counseling services necessary to bring about
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2 the cessation of domestic abuse against the victim and may order
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3 community service hours to be performed in lieu of any fine or
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4 imprisonment authorized by this section.
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5 G. Any district court of this state and any judge thereof shall
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6 be immune from any liability or prosecution for issuing an order
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7 that requires a defendant to:
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8 1. Attend a treatment program for domestic abusers certified by
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9 the Attorney General;
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10 2. Attend counseling or treatment services ordered as part of
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11 any final protective order or for any violation of a protective
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12 order; and
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13 3. Attend, complete, and be evaluated before and after
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14 attendance by a treatment program for domestic abusers certified by
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15 the Attorney General.
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16 H. At no time, under any proceeding, may a person protected by
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17 a protective order be held to be in violation of that protective
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18 order. Only a defendant against whom a protective order has been
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19 issued may be held to have violated the order.
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20 I. In addition to any other penalty specified by this section,
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21 the court may shall order a defendant to use an active, real-time,
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22 twenty-four-hour Global Positioning System (GPS) monitoring device
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23 as a condition of a sentence. The court may further order the
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1 defendant to pay costs and expenses related to the GPS device and
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2 monitoring.
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3 SECTION 2. AMENDATORY 22 O.S. 2021, Section 60.17, is
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4 amended to read as follows:
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5 Section 60.17. The court shall consider the safety of any and
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6 all alleged victims of domestic violence, stalking, harassment,
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7 sexual assault, or forcible sodomy where the defendant is alleged to
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8 have violated a protective order, committed domestic assault and
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9 battery, stalked, sexually assaulted, or forcibly sodomized the
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10 alleged victim or victims prior to the release of the alleged
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11 defendant from custody on bond. The court, after consideration and
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12 to ensure the safety of the alleged victim or victims, may issue an
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13 emergency protective order pursuant to the Protection from Domestic
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14 Abuse Act. The court may also issue to the alleged victim or
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15 victims an order restraining the alleged defendant from any activity
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16 or action from which they may be restrained under the Protection
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17 from Domestic Abuse Act. The court shall not consider a "no contact
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18 order as condition of bond" as a factor when determining whether the
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19 petitioner is eligible for relief. The protective order shall
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20 remain in effect until either a plea has been accepted, sentencing
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21 has occurred in the case, the case has been dismissed, or until
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22 further order of the court dismissing the protective order. In
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23 conjunction with any protective order or restraining order
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24 authorized by this section, the court may shall order the defendant
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1 to use an active, real-time, twenty-four-hour Global Positioning
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2 System (GPS) monitoring device for such term as the court deems
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3 appropriate as long as the protective order or restraining order
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4 remains in effect. Upon application of the victim, the court may
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5 authorize the victim to monitor the location of the defendant. Such
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6 monitoring by the victim shall be limited to the ability of the
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7 victim to make computer or cellular inquiries to determine if the
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8 defendant is within a specified distance of locations, excluding the
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9 residence or workplace of the defendant, or to receive a computer-
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10 or a cellular-generated signal if the defendant comes within a
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11 specified distance of the victim. The court shall conduct an annual
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12 review of the monitoring order to determine if such order to monitor
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13 the location of the defendant is still necessary. Before the court
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14 orders the use of a GPS device, the court shall find that the
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15 defendant has a history that demonstrates an intent to commit
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16 violence against the victim, including, but not limited to, prior
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17 conviction for an offense under the Protection from Domestic Abuse
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18 Act or any other violent offense, or any other evidence that shows
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19 by a preponderance of the evidence that the defendant is likely to
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20 commit violence against the victim. The court may further order the
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21 defendant to pay costs and expenses related to the GPS device and
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22 monitoring.
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23 SECTION 3. This act shall become effective July 1, 2025.
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1 SECTION 4. It being immediately necessary for the preservation
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2 of the public peace, health or safety, an emergency is hereby
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3 declared to exist, by reason whereof this act shall take effect and
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4 be in full force from and after its passage and approval.
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Req. No. 857 Page 11Every fact on this page links to its source, starting with the official bill record.