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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1007 By: Bush of the House
and
Garvin of the Senate
AS INTRODUCED
An Act relating to social media harassment; creating
a rebuttable presumption relating to statements made
on social media or through other electronic
communication methods; amending 22 O.S. 2011, Section
60.1, as amended by Section 2, Chapter 200, O.S.L.
2019 (22 O.S. Supp. 2020, Section 60.1) , which
relates to the Protection from Domestic Abuse Act;
modifying definition; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codifie d
in the Oklahoma Statutes as Section 2306 of Title 12, unless there
is created a duplication in numbering, reads as follows:
There shall be a rebuttable presumption that a statement
appearing on a social media posting or other electronic
communication attributed to a person testifying is the statement of
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that individual. This presumption may be rebutted by a credible
denial under oath.
SECTION 2. AMENDATORY 22 O.S. 2011, Section 60.1, as
amended by Section 2, Chapter 200, O.S.L. 20 19 (22 O.S. Supp. 2020,
Section 60.1), is amended to read as follows:
Section 60.1 As used in the Protection from Domestic Abuse Act
and in the Domestic Abuse Reporting Act, Sections 40.5 through 40.7
of this title, and Section 150.12B of Title 74 of the Oklahoma
Statutes:
1. "Dating relationship" means intimate association, primarily
characterized by affectionate or sexual involvement. For purposes
of this act, a casual acquaintance or ordinary fraternization
between persons in a business or social cont ext shall not constitute
a dating relationship;
2. "Domestic abuse" means any act of physical harm, or the
threat of imminent physical harm which is committed by an adult,
emancipated minor, or minor child thirteen (13) years of age or
older against another adult, emancipated minor or minor child who is
currently or was previously an intimate partner or family or
household member;
3. "Family or household members " means:
a. parents, including grandparents, stepparents, adoptive
parents and foster parents,
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b. children, including grandchildren, stepchildren,
adopted children and foster children, and
c. persons otherwise related by blood or marriage living
in the same household;
4. "Foreign protective order " means any valid order of
protection issued by a cou rt of another state or a tribal court;
5. "Harassment" means a knowing and willful course or pattern
of conduct by a family or household member or an individual who is
or has been involved in a dating relationship with the person,
directed at a specific p erson which seriously alarms or annoys the
person, and which serves no legitimate purpose. Harassment can
occur via social media or other electronic communications that are
untrue or invade one 's privacy and serves no legitimate purpose.
The course of conduct must be such as would cause a reasonable
person to suffer substantial emotional distress, and must actually
cause substantial distress to the person. "Harassment" shall
include, but not be limited to, harassing or obscene telephone calls
in violation of Section 1172 of Title 21 of the Oklahoma Statutes
and fear of death or bodily injury;
6. "Intimate partner" means:
a. current or former spouses,
b. persons who are or were in a dating relationship,
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c. persons who are the biological parents of the sam e
child, regardless of their marital status or whether
they have lived together at any time, and
d. persons who currently or formerly lived together in an
intimate way, primarily characterized by affectionate
or sexual involvement. A sexual relationship m ay be
an indicator that a person is an intimate partner, but
is never a necessary condition;
7. "Mutual protective order " means a final protective order or
orders issued to both a plaintiff who has filed a petition for a
protective order and a defendant i ncluded as the defendant in the
plaintiff's petition restraining the parties from committing
domestic violence, stalking, harassment or rape against each other.
If both parties allege domestic abuse, violence, stalking,
harassment or rape against each oth er, the parties shall do so by
separate petition pursuant to Section 60.4 of this title;
8. "Rape" means rape and rape by instrumentation in violation
of Sections 1111 and 1111.1 of Title 21 of the Oklahoma Statutes;
9. "Stalking" means the willful, mali cious, and repeated
following or harassment of a person by an adult, emancipated minor,
or minor thirteen (13) years of age or older, in a manner that would
cause a reasonable person to feel frightened, intimidated,
threatened, harassed, or molested and ac tually causes the person
being followed or harassed to feel terrorized, frightened,
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intimidated, threatened, harassed or molested. Stalking also means
a course of conduct composed of a series of two or more separate
acts over a period of time, however sho rt, evidencing a continuity
of purpose or unconsented contact with a person that is initiated or
continued without the consent of the individual or in disregard of
the expressed desire of the individual that the contact be avoided
or discontinued. Unconse nted contact or course of conduct includes,
but is not limited to:
a. following or appearing within the sight of that
individual,
b. approaching or confronting that individual in a public
place or on private property,
c. appearing at the workplace or resid ence of that
individual,
d. entering onto or remaining on property owned, leased
or occupied by that individual,
e. contacting that individual by telephone,
f. sending mail or electronic communications to that
individual, or
g. placing an object on, or del ivering an object to,
property owned, leased or occupied by that individual;
and
10. "Victim support person " means a person affiliated with a
domestic violence, sexual assault or adult human sex trafficking
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program, certified by the Attorney General or op erating under a
tribal government, who provides support and assistance for a person
who files a petition under the Protection from Domestic Abuse Act.
SECTION 3. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMI TTEE ON JUDICIARY - CIVIL, dated
02/24/2021 - DO PASS, As Coauthored.