Oklahoma 2022 Regular Session

Oklahoma House Bill HB1007 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	~~Req~~. No. ~~8248~~ Page 1 1
	3	+	ENGR. S. A. TO ENGR. H. B. NO. 1007 Page 1 1
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28		-	STATE OF OKLAHOMA
29		-
30		-	1st Session of the 58th Legislature (2021)
31		-
32		-	CONFERENCE COMMITTEE
33		-	SUBSTITUTE
34		-	FOR ENGROSSED
35		-	HOUSE BILL NO. 1007 By: Bush and Munson of the
36		-	House
	28	+	ENGROSSED SENATE AMENDMENTS
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 1007 By: Bush of the House
37	32
38	33		and
39	34
40	35		Garvin of the Senate
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46		-	CONFERENCE COMMITTEE SUBSTITUTE
47		-
48	41		An Act relating to social media harassment; creating
49	42		a rebuttable presumption relating to statements made
50	43		on social media or through oth er electronic
51	44		communication methods; amending 22 O.S. 2011, Section
52		-	60.1, as ~~last~~ amended by Section ~~1 of Enrolled House~~
53		-	~~Bill No~~. ~~1948 of the~~ 1 ~~st Session of the 58th Oklahoma~~
54		-	~~Legislature, which~~ relates to the Protection from
55		-	~~Domestic Abuse Act;~~ modifying definition; providing
56		-	~~for codification; and~~ providing an effective date.
	45	+	60.1, as amended by Section 2, Chapter 200, O.S.L.
	46	+	2019 (22 O.S. Supp. 2020, Section 60.1) , which
	47	+	relates to the Protection from Domestic Abuse Act;
	48	+	modifying definition; providing for codification; and
	49	+	providing an effective date .
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	54	+	AUTHOR: Add the following House Coauthor: Munson
61	55
62		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
63		-	SECTION 1. NEW LAW A new section of law to be codified
64		-	in the Oklahoma Statutes as Section 2306 of Title 12, unless there
65		-	is created a duplication in numbering, reads as follows:
66		-	There shall be a rebuttable presumption that a statement
67		-	appearing on a social media posting or other electronic
68		-	communication attributed to a person testifying is the statement of
	56	+	AMENDMENT NO. 1. Page 1, lines 15 through 22, delete SECTION 1 and
	57	+	renumber subsequent sections
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70		-	Req. No. 8248 Page 2 1
	59	+	AMENDMENT NO. 2. Page 3, lines 10 and 11, delete after the word
	60	+	“communications” on line 10 and before the period
	61	+	“.” on line 11, the words “that are untrue or
	62	+	invade one’s privacy and serves no legitimate
	63	+	purpose
	64	+
	65	+	and amend the title to read
	66	+
	67	+	“An Act relating to social media harassment; amending
	68	+	22 O.S. 2011, Section 60.1, as amended by Section 2,
	69	+	Chapter 200, O.S.L. 2019 (22 O.S. Supp. 2020, Section
	70	+	60.1), which relates to the Protection from Domestic
	71	+	Abuse Act; modifying definition; and providing an
	72	+	effective date.”
	73	+
	74	+
	75	+	ENGR. S. A. TO ENGR. H. B. NO. 1007 Page 2 1
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95		-	that individual. This presumption may be rebutted by a credible
96		-	denial under oath.
97		-	SECTION 2. AMENDATORY 22 O.S. 20 11, Section 60.1, as
98		-	last amended by Section 1 of Enrolled House Bill No. 1948 of the 1st
99		-	Session of the 58th Oklahoma Legislature, is amended to read as
100		-	follows:
101		-	Section 60.1 As used in the Protection from Domestic Abuse Act
102		-	and in the Domestic Abuse Rep orting Act, Sections 40.5 through 40.7
103		-	of this title, and Section 150.12B of Title 74 of the Oklahoma
104		-	Statutes:
105		-	1. "Dating relationship" means intimate association, primarily
106		-	characterized by affectionate or sexual involvement. For purposes
107		-	of this act, a casual acquaintance or ordinary fraternization
108		-	between persons in a business or social context shall not constitute
109		-	a dating relationship;
110		-	2. "Domestic abuse" means any act of physical harm or the
111		-	threat of imminent physical harm which is committed by a n adult,
112		-	emancipated minor, or minor child thirteen (13) years of age or
113		-	older against another adult, emancipated minor or minor child who is
114		-	currently or was previously an intimate partner or family or
115		-	household member;
116		-	3. "Family or household members" m eans:
117		-	a. parents, including grandparents, stepparents, adoptive
118		-	parents and foster parents,
	100	+	Passed the Senate the 22nd day of April, 2021.
119	101
120		-	Req. No. 8248 Page 3 1
	102	+
	103	+
	104	+	Presiding Officer of the Senate
	105	+
	106	+
	107	+	Passed the House of Representatives the ____ day of __________,
	108	+	2021.
	109	+
	110	+
	111	+
	112	+	Presiding Officer of the House
	113	+	of Representatives
	114	+
	115	+	ENGR. H. B. NO. 1007 Page 1 1
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145		-	b. children, including grandchildren, stepchildren,
146		-	adopted children and foster children,
147		-	c. persons otherwise related by blood or marriage living
148		-	in the same household, and
149		-	d. persons otherwise related by blood or marriage;
150		-	4. "Foreign protective order" means any valid order of
151		-	protection issued by a court of another state or a tribal court;
152		-	5. "Harassment" means a knowing and willful course or pattern
153		-	of conduct by a family or household member or an individual who is
154		-	or has been involved in a dating relationship with the person,
155		-	directed at a specific person which seriously alarms or annoys the
156		-	person, and which serves no legitimate purpose. Harassment can
157		-	occur via social media or other electronic communications. The
158		-	course of conduct must be such as would cause a reasonable person to
159		-	suffer substantial emotional distress and must actually cause
160		-	substantial distress to the person. "Harassment" shall include, b ut
161		-	not be limited to, harassing or obscene telephone calls in violation
162		-	of Section 1172 of Title 21 of the Oklahoma Statutes and fear of
163		-	death or bodily injury;
164		-	6. "Intimate partner" means:
165		-	a. current or former spouses,
166		-	b. persons who are or were in a dat ing relationship,
	140	+	ENGROSSED HOUSE
	141	+	BILL NO. 1007 By: Bush of the House
167	142
168		-	Req. No. 8248 Page 4 1
	143	+	and
	144	+
	145	+	Garvin of the Senate
	146	+
	147	+
	148	+
	149	+
	150	+
	151	+
	152	+	An Act relating to social media harassment; creating
	153	+	a rebuttable presumption relating to statements made
	154	+	on social media or through other electronic
	155	+	communication methods; amending 22 O.S. 2011, Section
	156	+	60.1, as amended by Section 2, Chapter 200, O.S .L.
	157	+	2019 (22 O.S. Supp. 2020, Section 60.1), which
	158	+	relates to the Protection from Domestic Abuse Act;
	159	+	modifying definition; providing for codification; and
	160	+	providing an effective date.
	161	+
	162	+
	163	+
	164	+
	165	+
	166	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	167	+	SECTION 1. NEW LAW A new section of law to be codified
	168	+	in the Oklahoma Statutes as Section 2306 of Title 12, unless there
	169	+	is created a duplication in numbering, reads as follows:
	170	+	There shall be a rebuttable presumption that a statement
	171	+	appearing on a social media posting or other electronic
	172	+	communication attributed to a person testifying is the statement of
	173	+	that individual. This presumption may be rebutted by a credible
	174	+	denial under oath.
	175	+
	176	+	ENGR. H. B. NO. 1007 Page 2 1
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193		-	c. persons who are the biological parents of the same
194		-	child, regardless of their marital status or whether
195		-	they have lived together at any time, and
196		-	d. persons who currently or formerly lived together in an
197		-	intimate way, primarily charact erized by affectionate
198		-	or sexual involvement. A sexual relationship may be
199		-	an indicator that a person is an intimate partner, but
200		-	is never a necessary condition;
201		-	7. "Mutual protective order" means a final protective order or
202		-	orders issued to both a plain tiff who has filed a petition for a
203		-	protective order and a defendant included as the defendant in the
204		-	plaintiff's petition restraining the parties from committing
205		-	domestic violence, stalking, harassment or rape against each other.
206		-	If both parties allege d omestic abuse, violence, stalking,
207		-	harassment or rape against each other, the parties shall do so by
208		-	separate petition pursuant to Section 60.4 of this title;
209		-	8. "Rape" means rape and rape by instrumentation in violation
210		-	of Sections 1111 and 1111.1 of Tit le 21 of the Oklahoma Statutes;
211		-	9. "Stalking" means the willful, malicious, and repeated
212		-	following or harassment of a person by an adult, emancipated minor,
213		-	or minor thirteen (13) years of age or older, in a manner that would
214		-	cause a reasonable person to feel frightened, intimidated,
215		-	threatened, harassed, or molested and actually causes the person
216		-	being followed or harassed to feel terrorized, frightened,
	201	+	SECTION 2. AMENDATORY 22 O .S. 2011, Section 60.1, as
	202	+	amended by Section 2, Chapter 200, O.S.L. 2019 (22 O.S. Supp. 2020,
	203	+	Section 60.1), is amended to read as follows:
	204	+	Section 60.1 As used in the Protection from Domestic Abuse Act
	205	+	and in the Domestic Abuse Reporting Act, Sections 40.5 th rough 40.7
	206	+	of this title, and Section 150.12B of Title 74 of the Oklahoma
	207	+	Statutes:
	208	+	1. "Dating relationship" means intimate association, primarily
	209	+	characterized by affectionate or sexual involvement. For purposes
	210	+	of this act, a casual acquaintance or ord inary fraternization
	211	+	between persons in a business or social context shall not constitute
	212	+	a dating relationship;
	213	+	2. "Domestic abuse" means any act of physical harm, or the
	214	+	threat of imminent physical harm which is committed by an adult,
	215	+	emancipated minor, or minor child thirteen (13) years of age or
	216	+	older against another adult, emancipated minor or minor child who is
	217	+	currently or was previously an intimate partner or family or
	218	+	household member;
	219	+	3. "Family or household members " means:
	220	+	a. parents, including grandparents, stepparents, adoptive
	221	+	parents and foster parents,
	222	+	b. children, including grandchildren, stepchildren,
	223	+	adopted children and foster children, and
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218		-	~~Req~~. No. ~~8248~~ Page 5 1
	225	+	ENGR. H. B. NO. 1007 Page 3 1
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243		-	intimidated, threatened, harassed or molested. Stalking also means
244		-	a course of conduct composed of a series of two or more separate
245		-	acts over a period of time, however short, evidencing a continuity
246		-	of purpose or unconsented contact with a person that is initiated or
247		-	continued without the consent of the individual or in disregard of
248		-	the expressed desire o f the individual that the contact be avoided
249		-	or discontinued. Unconsented contact or course of conduct includes,
250		-	but is not limited to:
251		-	a. following or appearing within the sight of that
252		-	individual,
253		-	b. approaching or confronting that individual in a publi c
254		-	place or on private property,
255		-	c. appearing at the workplace or residence of that
256		-	individual,
257		-	d. entering onto or remaining on property owned, leased
258		-	or occupied by that individual,
259		-	e. contacting that individual by telephone,
260		-	f. sending mail or electronic communications to that
261		-	individual, or
262		-	g. placing an object on, or delivering an object to,
263		-	property owned, leased or occupied by that individual;
264		-	and
265		-	10. "Victim support person" means a person affiliated with a
266		-	domestic violence, sexual assault or adult human sex trafficking
	250	+	c. persons otherwise related by blood or marriage living
	251	+	in the same household;
	252	+	4. "Foreign protective order" means any valid order of
	253	+	protection issued by a court of another state or a tribal court;
	254	+	5. "Harassment" means a knowing and willful course or pattern
	255	+	of conduct by a family or household member or an individual who is
	256	+	or has been involved i n a dating relationship with the person,
	257	+	directed at a specific person which seriously alarms or annoys the
	258	+	person, and which serves no legitimate purpose. Harassment can
	259	+	occur via social media or other electronic communications that are
	260	+	untrue or invade one's privacy and serves no legitimate purpose.
	261	+	The course of conduct must be such as would cause a reasonable
	262	+	person to suffer substantial emotional distress, and must actually
	263	+	cause substantial distress to the person. "Harassment" shall
	264	+	include, but not be limited to, harassing or obscene telephone calls
	265	+	in violation of Section 1172 of Title 21 of the Oklahoma Statutes
	266	+	and fear of death or bodily injury;
	267	+	6. "Intimate partner" means:
	268	+	a. current or former spouses,
	269	+	b. persons who are or were in a dating r elationship,
	270	+	c. persons who are the biological parents of the same
	271	+	child, regardless of their marital status or whether
	272	+	they have lived together at any time, and
267	273
268		-	~~Req~~. No. ~~8248~~ Page 6 1
	274	+	ENGR. H. B. NO. 1007 Page 4 1
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	299	+	d. persons who currently or formerly lived together in an
	300	+	intimate way, primarily characterize d by affectionate
	301	+	or sexual involvement. A sexual relationship may be
	302	+	an indicator that a person is an intimate partner, but
	303	+	is never a necessary condition;
	304	+	7. "Mutual protective order " means a final protective order or
	305	+	orders issued to both a plaintiff who has filed a petition for a
	306	+	protective order and a defendant included as the defendant in the
	307	+	plaintiff's petition restraining the parties from committing
	308	+	domestic violence, stalking, harassment or rape against each other.
	309	+	If both parties allege domest ic abuse, violence, stalking,
	310	+	harassment or rape against each other, the parties shall do so by
	311	+	separate petition pursuant to Section 60.4 of this title;
	312	+	8. "Rape" means rape and rape by instrumentation in violation
	313	+	of Sections 1111 and 1111.1 of Title 21 of the Oklahoma Statutes;
	314	+	9. "Stalking" means the willful, malicious, and repeated
	315	+	following or harassment of a person by an adult, emancipated minor,
	316	+	or minor thirteen (13) years of age or older, in a manner that would
	317	+	cause a reasonable person to feel frightened, intimidated,
	318	+	threatened, harassed, or molested and actually causes the person
	319	+	being followed or harassed to feel terrorized, frightened,
	320	+	intimidated, threatened, harassed or molested. Stalking also means
	321	+	a course of conduct composed of a serie s of two or more separate
	322	+	acts over a period of time, however short, evidencing a continuity
	323	+
	324	+	ENGR. H. B. NO. 1007 Page 5 1
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	349	+	of purpose or unconsented contact with a person that is initiated or
	350	+	continued without the consent of the individual or in disregard of
	351	+	the expressed desire of the individual that the contact be avoided
	352	+	or discontinued. Unconsented contact or course of conduct includes,
	353	+	but is not limited to:
	354	+	a. following or appearing within the sight of that
	355	+	individual,
	356	+	b. approaching or confronting that individual in a public
	357	+	place or on private property,
	358	+	c. appearing at the workplace or residence of that
	359	+	individual,
	360	+	d. entering onto or remaining on property owned, leased
	361	+	or occupied by that individual,
	362	+	e. contacting that individual by telephone,
	363	+	f. sending mail or electronic comm unications to that
	364	+	individual, or
	365	+	g. placing an object on, or delivering an object to,
	366	+	property owned, leased or occupied by that individual;
	367	+	and
	368	+	10. "Victim support person " means a person affiliated with a
	369	+	domestic violence, sexual assault or adult human sex trafficking
293	370		program, certified by the Attorney General or operating under a
294	371		tribal government, who provides support and assistance for a person
295	372		who files a petition under the Protection from Domestic Abuse Act.
	373	+
	374	+	ENGR. H. B. NO. 1007 Page 6 1
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296	399		SECTION 3. This act shall become effective November 1, 2021.
	400	+	Passed the House of Representatives the 2nd day of March, 2021.
297	401
298		-	58-1-8248 CMA 05/05/21
	402	+
	403	+
	404	+
	405	+	Presiding Officer of the House
	406	+	of Representatives
	407	+
	408	+
	409	+	Passed the Senate the ___ day of __________, 2021.
	410	+
	411	+
	412	+
	413	+
	414	+	Presiding Officer of the Senate
	415	+
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