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SENATE FLOOR VERSION
April 6, 2021
AS AMENDED
ENGROSSED HOUSE
BILL NO. 1007 By: Bush and Munson of the
House
and
Garvin of the Senate
[ social media harassment - rebuttable presumption -
Protection from Domestic Abuse Act - codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2306 of Title 12, unless there
is created a duplicat ion 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
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. 2019 (22 O.S. Supp. 2020,
Section 60.1), is amended to read as follows:
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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 context shall not constitute
a dating relationship;
2. "Domestic abuse" means any act of phy sical 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,
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 court of another state or a tribal court;
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5. "Harassment" means a knowing and willful cours e 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 person 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 dis tress, 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,
c. persons who are the biological parents of the same
child, regardless of their marital status or whether
they have lived together at any ti me, and
d. persons who currently or formerly lived together in an
intimate way, primarily characterized by affectionate
or sexual involvement. A sexual relationship may be
an indicator that a person is an intimate partner, but
is never a necessary conditi on;
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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 included as the defendant in the
plaintiff's petition restraining the parties from committ ing
domestic violence, stalking, harassment or rape against each other.
If both parties allege domestic abuse, violence, stalking,
harassment or rape against each other, 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, malicious , 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 actually causes the person
being followed or harassed to feel terrorized, frightened,
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 short, evidencing a continuity
of purpose or unconsented contact with a person that is initi ated 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. Unconsented contact or course of conduct includes,
but is not limited to:
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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 residence 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 delivering 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
program, certified by the Attorney General or operating 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: COMMITTEE ON JUDICIARY
April 6, 2021 - DO PASS AS AMENDED