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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 813 By: Seifried
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6 AS INTRODUCED
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7 An Act relating to victim protective orders; amending
7 22 O.S. 2021, Sections 40.3, 60.3, and 60.16, which
8 relate to emergency orders; adding duty for peace
8 officer to attempt certain service; requiring filing
9 of petition under certain circumstances; establishing
9 duties of court clerk to receive and document certain
10 petition; requiring filing of petition; modifying
10 required notice to victim; requiring peace officer to
11 provide certain order to victim and return to court;
11 clarifying language; repealing Section 3, Chapter
12 318, O.S.L. 2022 (21 O.S. Supp. 2024, Section
12 1173.1), which relates to Stalking Warning Letter;
13 providing an effective date; and declaring an
13 emergency.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 22 O.S. 2021, Section 40.3, is
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18 amended to read as follows:
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19 Section 40.3. A. When the court is not open for business, the
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20 victim of domestic violence, stalking, harassment, rape, forcible
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21 sodomy, a sex offense, kidnapping or assault and battery with a
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22 deadly weapon or member of the immediate family of a victim of
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23 first-degree murder may request a petition for an emergency
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Req. No. 289 Page 1
1 temporary order of protection. The peace officer making the
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2 preliminary investigation shall:
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3 1. Provide the victim or member of the immediate family of a
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4 victim of first-degree murder with a petition for an emergency
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5 temporary order of protection and, if necessary, assist the victim
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6 or member of the immediate family of a victim of first-degree murder
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7 in completing the petition form. The petition shall be in
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8 substantially the same form as provided by Section 60.2 of this
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9 title for a petition for protective order in domestic abuse cases;
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10 2. Immediately notify, by telephone or otherwise, a judge of
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11 the district court of the request for an emergency temporary order
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12 of protection and describe the circumstances. The judge shall
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13 inform the peace officer of the decision to approve or disapprove
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14 the emergency temporary order;
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15 3. Inform the victim or member of the immediate family of a
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16 victim of first-degree murder whether the judge has approved or
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17 disapproved the emergency temporary order. If an emergency
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18 temporary order has been approved, the peace officer shall provide
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19 the victim, or a responsible adult if the victim is a minor child or
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20 an incompetent person or member of the immediate family of a victim
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21 of first-degree murder, with a copy of the petition and a written
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22 statement signed by the peace officer attesting that the judge has
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23 approved the emergency temporary order of protection; and
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1 4. Notify the person subject to the emergency temporary
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2 protection order of the issuance and conditions of the order, if
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3 known. Notification pursuant to this paragraph may be made
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4 personally by the peace officer upon arrest or, upon identification
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5 of the assailant, notice shall be given by any law enforcement
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6 officer. A copy of the petition and the statement of the peace
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7 officer attesting to the order of the judge shall be made available
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8 to the person; and
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9 5. Make every attempt to serve the subject of the order and
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10 complete a return of service when filing the petition with the
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11 district court. If the peace officer is unable to obtain service,
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12 the petition shall be filed by a peace officer with the district
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13 court the next business day. The court clerk shall receive the
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14 petition upon delivery by the peace officer and document the hearing
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15 date and time assigned to the case as documented by the peace
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16 officer. If the court clerk observes that service has not been
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17 obtained, the petition shall still be filed by the court clerk and
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18 issued to the appropriate office of the county sheriff to obtain
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19 service with priority.
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20 B. The forms utilized by law enforcement agencies in carrying
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21 out the provisions of this section may be substantially similar to
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22 those used under Section 60.2 of this title.
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23 SECTION 2. AMENDATORY 22 O.S. 2021, Section 60.3, is
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24 amended to read as follows:
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Req. No. 289 Page 3
1 Section 60.3. A. If a plaintiff requests an emergency ex parte
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2 order pursuant to Section 60.2 of this title, the court shall hold
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3 an ex parte hearing on the same day the petition is filed, if the
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4 court finds sufficient grounds within the scope of the Protection
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5 from Domestic Abuse Act stated in the petition to hold such a
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6 hearing. The court may, for good cause shown at the hearing, issue
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7 any emergency ex parte order that it finds necessary to protect the
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8 victim from immediate and present danger of domestic abuse,
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9 stalking, or harassment. The emergency ex parte order shall be in
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10 effect until after the full hearing is conducted. Provided, if the
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11 defendant, after having been served, does not appear at the hearing,
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12 the emergency ex parte order shall remain in effect until the
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13 defendant is served with the permanent order. If the terms of the
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14 permanent order are the same as those in the emergency order, or are
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15 less restrictive, then it is not necessary to serve the defendant
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16 with the permanent order. The Administrative Office of the Courts
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17 shall develop a standard form for emergency ex parte protective
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18 orders.
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19 B. An emergency ex parte protective order authorized by this
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20 section shall include the name, sex, race, date of birth of the
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21 defendant, and the dates of issue and expiration of the protective
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22 order.
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23 C. 1. If a plaintiff requests an emergency temporary ex parte
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24 order of protection as provided by Section 40.3 of this title, the
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Req. No. 289 Page 4
1 judge who is notified of the request by a peace officer may issue
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2 such order verbally to the officer or in writing when there is
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3 reasonable cause to believe that the order is necessary to protect
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4 the victim from immediate and present danger of domestic abuse.
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5 When the order is issued verbally the judge shall direct the officer
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6 to complete and sign a statement attesting to the order. The
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7 emergency temporary ex parte order shall be in effect until the
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8 court date that was assigned by the court during the approval of the
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9 order. Emergency temporary ex parte orders shall be heard within
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10 fourteen (14) days after issuance. The court shall provide a list
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11 of available court dates for hearings.
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12 2. The peace officer shall make every attempt to serve the
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13 subject of the order and complete a return of service when filing
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14 the petition with the district court. If the peace officer is
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15 unable to obtain service, the petition shall be filed by a peace
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16 officer with the district court the next business day. The court
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17 clerk shall receive the petition upon delivery by the peace officer
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18 and document the hearing date and time assigned to the case as
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19 documented by the peace officer. If the court clerk observes that
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20 service has not been obtained, the petition shall still be filed by
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21 the court clerk and issued to the appropriate office of the county
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22 sheriff to obtain service with priority.
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23 D. If an action for divorce, separate maintenance,
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24 guardianship, adoption or any other proceeding involving custody or
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1 visitation has been filed and is pending in a county different than
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2 the county in which the emergency ex parte order was issued, the
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3 hearing on the petition for a final protective order shall be
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4 transferred and held in the same county in which the action for
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5 divorce, separate maintenance, guardianship, adoption or any other
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6 proceeding involving custody or visitation is pending.
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7 SECTION 3. AMENDATORY 22 O.S. 2021, Section 60.16, is
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8 amended to read as follows:
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9 Section 60.16. A. A peace officer shall not discourage a
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10 victim of domestic abuse from pressing charges against the assailant
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11 of the victim.
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12 B. 1. A peace officer may arrest without a warrant a person
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13 anywhere, including a place of residence, if the peace officer has
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14 probable cause to believe the person within the preceding seventy-
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15 two (72) hours has committed an act of domestic abuse as defined by
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16 Section 60.1 of this title, although the assault did not take place
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17 in the presence of the peace officer. A peace officer may not
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18 arrest a person pursuant to this section without first observing a
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19 recent physical injury to, or an impairment of the physical
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20 condition of, the alleged victim.
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21 2. An arrest, when made pursuant to this section, shall be
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22 based on an investigation by the peace officer of the circumstances
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23 surrounding the incident, past history of violence between the
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24 parties, statements of any children present in the residence, and
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1 any other relevant factors. A determination by the peace officer
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2 shall be made pursuant to the investigation as to which party is the
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3 dominant aggressor in the situation. A peace officer may arrest the
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4 dominant aggressor.
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5 C. When the court is not open for business, the victim of
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6 domestic abuse may request a petition for an emergency temporary
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7 order of protection. The peace officer making the preliminary
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8 investigation shall:
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9 1. Provide the victim with a petition for an emergency
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10 temporary order of protection and, if necessary, assist the victim
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11 in completing the petition form. The petition shall be in
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12 substantially the same form as provided by Section 60.2 of this
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13 title for a petition for protective order;
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14 2. Immediately notify, by telephone or otherwise, a judge of
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15 the district court of the request for an emergency temporary order
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16 of protection and describe the circumstances. The judge shall
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17 inform the peace officer of the decision to approve or disapprove
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18 the emergency temporary order;
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19 3. Inform the victim whether the judge has approved or
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20 disapproved the emergency temporary order. If an emergency
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21 temporary order has been approved, the officer shall provide the
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22 victim, or a responsible adult if the victim is a minor child or an
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23 incompetent person, with a copy of the petition and a written
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24 statement signed by the officer attesting that the judge has
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Req. No. 289 Page 7
1 approved the emergency temporary order of protection and notify the
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2 victim that the emergency temporary order shall be effective only
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3 until the close of business on the next day that the court is open
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4 for business the date of the hearing set by the judge. The peace
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5 officer requesting the order shall be notified by the judge of the
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6 date, time, and courtroom location in which the hearing will be
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7 held. The peace officer shall provide the victim and subject of the
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8 order with a copy of the completed order and return the original
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9 order to the district court;
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10 4. Notify the person subject to the emergency temporary
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11 protection order of the issuance and conditions of the order.
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12 Notification pursuant to this paragraph may be made personally by
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13 the officer or in writing. A copy of the petition and the statement
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14 of the officer attesting to the order of the judge shall be made
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15 available to such person; and
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16 5. File a copy of the petition and the statement of the peace
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17 officer with the district court of the county immediately upon the
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18 opening of the court on the next day the court is open for business.
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19 The peace officer shall make every attempt to serve the subject of
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20 the order and complete a return of service when filing the petition
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21 with the district court. If the peace officer is unable to obtain
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22 service, the petition shall be filed by a peace officer with the
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23 district court on the next business day. The court clerk shall
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24 receive the petition upon delivery by the peace officer and document
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Req. No. 289 Page 8
1 the hearing date and time assigned to the case as documented by the
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2 peace officer. If the court clerk observes that service has not
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3 been obtained, the petition shall still be filed by the court clerk
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4 and issued to the appropriate office of the county sheriff to obtain
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5 service with priority.
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6 D. The forms utilized by law enforcement agencies in carrying
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7 out the provisions of this section may be substantially similar to
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8 those used under Section 60.2 of this title.
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9 SECTION 4. REPEALER Section 3, Chapter 318, O.S.L. 2022
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10 (21 O.S. Supp. 2024, Section 1173.1), is hereby repealed.
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11 SECTION 5. This act shall become effective July 1, 2025.
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12 SECTION 6. It being immediately necessary for the preservation
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13 of the public peace, health or safety, an emergency is hereby
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14 declared to exist, by reason whereof this act shall take effect and
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15 be in full force from and after its passage and approval.
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