Oklahoma 2022 Regular Session

Oklahoma House Bill HB1028 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	ENGR. H. B. NO. 1028 Page 1 1
	3	+	HB1028 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
4	5		2
5	6		3
6	7		4
7	8		5
8	9		6
9	10		7
10	11		8
11	12		9
12	13		10
13	14		11
14	15		12
15	16		13
16	17		14
17	18		15
18	19		16
19	20		17
20	21		18
21	22		19
22	23		20
23	24		21
24	25		22
25	26		23
26	27		24
27	28
28		-	ENGROSSED HOUSE
29		-	BILL NO. 1028 By: Kerbs of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30	30
31		-	~~and~~
	31	+	STATE OF OKLAHOMA
32	32
33		-	Weaver of the Senate
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 1028 By: Kerbs
34	38
35	39
36	40
	41	+
	42	+
	43	+	COMMITTEE SUBSTITUTE
37	44
38	45		An Act relating to victim protective orders; amending
39	46		22 O.S. 2011, Section 40.3, as last amended by
40	47		Section 4, Chapter 183, O.S.L. 2016 (22 O.S. Supp.
41	48		2020, Section 40.3), which relates to emergency
42	49		temporary orders of protection for certain victims;
43	50		directing peace officers to serve order and complete
44	51		the return of service when filing petition; directing
45	52		court clerk to receive petition; providing for the
46	53		filing and issuance of petition despite absence of
47	54		service; amending 22 O.S. 2011, Sections 60.3, as
48	55		last amended by Section 2, Chapter 113, O.S.L. 2019
49	56		and 60.16 (22 O.S. Supp. 2020, Section 60.3), which
50	57		relate to the Protection from Domestic Abuse Act;
51	58		directing peace officers to serve order and complete
52	59		the return of service when filing petition; directing
53	60		court clerk to receive petition; providing for the
54	61		filing and issuance of petition despite absence of
55	62		service; increasing time limitation for effectiveness
56	63		of emergency temporary orders; providing for
57	64		notification of hearing date, time and location;
58	65		directing peace officer to provide copies of order to
59	66		victim and defendant; and providing an effective
60	67		date.
61	68
62	69
63	70
64	71
65	72
66	73		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
67		-	SECTION 1. AMENDATORY 22 O.S. 2011, Section 40.3, as
68		-	last amended by Section 4, Chapter 183, O.S.L. 2016 (22 O.S. Supp.
69		-	2020, Section 40.3), is amended to read as follows:
70	74
71		-	ENGR. H. B. NO. 1028 Page 2 1
	75	+	HB1028 HFLR Page 2
	76	+	BOLD FACE denotes Committee Amendments. 1
72	77		2
73	78		3
74	79		4
75	80		5
76	81		6
77	82		7
78	83		8
79	84		9
80	85		10
81	86		11
82	87		12
83	88		13
84	89		14
85	90		15
86	91		16
87	92		17
88	93		18
89	94		19
90	95		20
91	96		21
92	97		22
93	98		23
94	99		24
95	100
	101	+	SECTION 1. AMENDATORY 22 O.S. 2011, Section 40.3, as
	102	+	last amended by Section 4, Chapter 183, O.S.L. 2016 (22 O.S. Sup p.
	103	+	2020, Section 40.3), is amended to read as follows:
96	104		Section 40.3 A. When the court is not open for business, the
97	105		victim of domestic violence, stalking, harassment, rape, forcible
98	106		sodomy, a sex offense, kidnapping or assault and battery with a
99	107		deadly weapon or member of the immediate family of a victim of
100	108		first-degree murder may request a petition for an emergency
101	109		temporary order of protection. The peace officer making the
102	110		preliminary investigation shall:
103	111		1. Provide the victim or member of the immedia te family of a
104	112		victim of first-degree murder with a petition for an emergency
105	113		temporary order of protection and, if necessary, assist the victim
106	114		or member of the immediate family of a victim of first -degree murder
107	115		in completing the petition form. The peti tion shall be in
108	116		substantially the same form as provided by Section 60.2 of this
109	117		title for a petition for protective order in domestic abuse cases;
110	118		2. Immediately notify, by telephone or otherwise, a judge of
111	119		the district court of the request for an emerg ency temporary order
112	120		of protection and describe the circumstances. The judge shall
113	121		inform the peace officer of the decision to approve or disapprove
114	122		the emergency temporary order;
115	123		3. Inform the victim or member of the immediate family of a
116	124		victim of first-degree murder whether the judge has approved or
117		-	disapproved the emergency temporary order. If an emergency
118		-	temporary order has been approved, the peace officer shall provide
119		-	the victim, or a responsible adult if the victim is a minor child or
120	125
121		-	ENGR. H. B. NO. 1028 Page 3 1
	126	+	HB1028 HFLR Page 3
	127	+	BOLD FACE denotes Committee Amendments. 1
122	128		2
123	129		3
124	130		4
125	131		5
126	132		6
127	133		7
128	134		8
129	135		9
130	136		10
131	137		11
132	138		12
133	139		13
134	140		14
135	141		15
136	142		16
137	143		17
138	144		18
139	145		19
140	146		20
141	147		21
142	148		22
143	149		23
144	150		24
145	151
	152	+	disapproved the emergency temporary order. If an emergency
	153	+	temporary order has been approved, the peace officer shall provide
	154	+	the victim, or a responsible adult if the victim is a minor child or
146	155		an incompetent person or member of the immediate family of a victim
147	156		of first-degree murder, with a copy of the petition and a written
148	157		statement signed by the peace officer attesting that the judge has
149	158		approved the emergency temporary order of protection; and
150	159		4. Notify the person subject to the emergency temporary
151	160		protection order of the issuance and conditions of the order, if
152	161		known. Notification pursuant to this paragraph may be made
153	162		personally by the peace officer upon arrest or, upon identification
154	163		of the assailant, notice shall be given by any law enforcement peace
155	164		officer. A copy of the petition and the statement of the peace
156	165		officer attesting to the order of the judge shall be made available
157	166		to the person; and
158	167		5. Make every attempt to serve the subject of th e order and
159	168		complete a return of service when filing the petition with the
160	169		district court. If the peace officer is unable to obtain service,
161	170		the petition shall be filed with the district court the next
162	171		business day. The court clerk shall receive the peti tion upon
163	172		delivery by the peace officer and document the hearing date and time
164	173		assigned to the case as documented by the peace officer. If the
165	174		court clerk observes that service has not been obtained, the
166	175		petition shall still be filed by the court clerk an d issued to the
167		-	appropriate office of the county sheriff to obtain service with
168		-	priority.
169	176
170		-	ENGR. H. B. NO. 1028 Page 4 1
	177	+	HB1028 HFLR Page 4
	178	+	BOLD FACE denotes Committee Amendments. 1
171	179		2
172	180		3
173	181		4
174	182		5
175	183		6
176	184		7
177	185		8
178	186		9
179	187		10
180	188		11
181	189		12
182	190		13
183	191		14
184	192		15
185	193		16
186	194		17
187	195		18
188	196		19
189	197		20
190	198		21
191	199		22
192	200		23
193	201		24
194	202
	203	+	appropriate office of the county sheriff to obtain service with
	204	+	priority.
195	205		B. The forms utilized by law enforcement agencies in carrying
196	206		out the provisions of this section may be substantially similar to
197	207		those used under Section 60.2 of thi s title.
198	208		SECTION 2. AMENDATORY 22 O.S. 2011, Section 60.3, as
199	209		last amended by Section 2, Chapter 113, O.S.L. 2019 (22 O.S. Supp.
200	210		2020, Section 60.3), is amended to read as follows:
201	211		Section 60.3 A. If a plaintiff requests an emer gency ex parte
202	212		order pursuant to Section 60.2 of this title, the court shall hold
203	213		an ex parte hearing on the same day the petition is filed, if the
204	214		court finds sufficient grounds within the scope of the Protection
205	215		from Domestic Abuse Act stated in the peti tion to hold such a
206	216		hearing. The court may, for good cause shown at the hearing, issue
207	217		any emergency ex parte order that it finds necessary to protect the
208	218		victim from immediate and present danger of domestic abuse,
209	219		stalking, or harassment. The emergency ex parte order shall be in
210	220		effect until after the full hearing is conducted. Provided, if the
211	221		defendant, after having been served, does not appear at the hearing,
212	222		the emergency ex parte order shall remain in effect until the
213	223		defendant is served with the p ermanent order. If the terms of the
214	224		permanent order are the same as those in the emergency order, or are
215	225		less restrictive, then it is not necessary to serve the defendant
216	226		with the permanent order. The Administrative Office of the Courts
217		-	shall develop a standard form for emergency ex parte protective
218		-	orders.
219	227
220		-	ENGR. H. B. NO. 1028 Page 5 1
	228	+	HB1028 HFLR Page 5
	229	+	BOLD FACE denotes Committee Amendments. 1
221	230		2
222	231		3
223	232		4
224	233		5
225	234		6
226	235		7
227	236		8
228	237		9
229	238		10
230	239		11
231	240		12
232	241		13
233	242		14
234	243		15
235	244		16
236	245		17
237	246		18
238	247		19
239	248		20
240	249		21
241	250		22
242	251		23
243	252		24
244	253
	254	+	shall develop a standard form for emergency ex parte protective
	255	+	orders.
245	256		B. An emergency ex parte protective order authorized by this
246	257		section shall include the name, sex, race, date of birth of the
247	258		defendant, and the dates of issue and expiration of the protective
248	259		order.
249	260		C. If a plaintiff requests an emergency temporary ex parte
250	261		order of protection as provided by Section 40.3 of this title, the
251	262		judge who is notified of the request by a peace officer may issue
252	263		such order verbally to the peace officer or in writing when ther e is
253	264		reasonable cause to believe that the order is necessary to protect
254	265		the victim from immediate and present danger of domestic abuse.
255	266		When the order is issued verbally , the judge shall direct the peace
256	267		officer to complete and sign a statement attesting to the order.
257	268		The emergency temporary ex parte order shall be in effect until the
258	269		court date that was assigned by the court during the approval of the
259	270		order. Emergency temporary ex parte orders shall be heard within
260	271		fourteen (14) days after issuance. Th e court shall provide a list
261	272		of available court dates for hearings.
262	273		The peace officer shall make every attempt to serve the subject
263	274		of the order and complete a return of service when filing the
264	275		petition with the district court. If the peace officer is una ble to
265	276		obtain service, the petition shall be filed with the district court
266	277		the next business day. The court clerk shall receive the petition
267		-	upon delivery by the peace officer and document the hearing date and
268		-	time assigned to the case as documented by the peace officer. If
269	278
270		-	ENGR. H. B. NO. 1028 Page 6 1
	279	+	HB1028 HFLR Page 6
	280	+	BOLD FACE denotes Committee Amendments. 1
271	281		2
272	282		3
273	283		4
274	284		5
275	285		6
276	286		7
277	287		8
278	288		9
279	289		10
280	290		11
281	291		12
282	292		13
283	293		14
284	294		15
285	295		16
286	296		17
287	297		18
288	298		19
289	299		20
290	300		21
291	301		22
292	302		23
293	303		24
294	304
	305	+	upon delivery by the peace officer and document the hearing date and
	306	+	time assigned to the case as documented by th e peace officer. If
295	307		the court clerk observes that service has not been obtained, the
296	308		petition shall still be filed by the court clerk and issued to the
297	309		appropriate office of the county sheriff to obtain service with
298	310		priority.
299	311		D. If an action for divorce, separate maintenance,
300	312		guardianship, adoption or any other proceeding involving custody or
301	313		visitation has been filed and is pending in a county different than
302	314		the county in which the emergency ex parte order was issued, the
303	315		hearing on the petition for a fi nal protective order shall be
304	316		transferred and held in the same county in which the action for
305	317		divorce, separate maintenance, guardianship, adoption or any other
306	318		proceeding involving custody or visitation is pending.
307	319		SECTION 3. AMENDATORY 22 O.S. 2011, Section 60.16, is
308	320		amended to read as follows:
309	321		Section 60.16 A. A peace officer shall not discourage a victim
310	322		of domestic abuse from pressing charges against the assailant of the
311	323		victim.
312	324		B. 1. A peace officer may arrest without a w arrant a person
313	325		anywhere, including a place of residence, if the peace officer has
314	326		probable cause to believe the person within the preceding seventy -
315	327		two (72) hours has committed an act of domestic abuse as defined by
316	328		Section 60.1 of this title, although th e assault did not take place
317		-	in the presence of the peace officer. A peace officer may not
318		-	arrest a person pursuant to this section without first observing a
319	329
320		-	ENGR. H. B. NO. 1028 Page 7 1
	330	+	HB1028 HFLR Page 7
	331	+	BOLD FACE denotes Committee Amendments. 1
321	332		2
322	333		3
323	334		4
324	335		5
325	336		6
326	337		7
327	338		8
328	339		9
329	340		10
330	341		11
331	342		12
332	343		13
333	344		14
334	345		15
335	346		16
336	347		17
337	348		18
338	349		19
339	350		20
340	351		21
341	352		22
342	353		23
343	354		24
344	355
	356	+	in the presence of the peace officer. A peace officer may not
	357	+	arrest a person pursuant to this section without first observing a
345	358		recent physical injury to, or an impairment of the physical
346	359		condition of, the alleged victim.
347	360		2. An arrest, when made pursuant to this section, shall be
348	361		based on an investigation by the peace officer of the circumstances
349	362		surrounding the incident, past history of violence between the
350	363		parties, statements of any children present in the residence, and
351	364		any other relevant factors. A determination by the peace officer
352	365		shall be made pursuant to the investigation as to which party is the
353	366		dominant aggressor in the situation. A peace officer may arrest the
354	367		dominant aggressor.
355	368		C. When the court is not open for business, the victim of
356	369		domestic abuse may request a petition for an emergency temporary
357	370		order of protection. The peace officer making the preliminary
358	371		investigation shall:
359	372		1. Provide the victim with a petition for an emergency
360	373		temporary order of protect ion and, if necessary, assist the victim
361	374		in completing the petition form. The petition shall be in
362	375		substantially the same form as provided by Section 60.2 of this
363	376		title for a petition for protective order;
364	377		2. Immediately notify, by telephone or otherwise , a judge of
365	378		the district court of the request for an emergency temporary order
366	379		of protection and describe the circumstances. The judge shall
367		-	inform the peace officer of the decision to approve or disapprove
368		-	the emergency temporary order;
369	380
370		-	ENGR. H. B. NO. 1028 Page 8 1
	381	+	HB1028 HFLR Page 8
	382	+	BOLD FACE denotes Committee Amendments. 1
371	383		2
372	384		3
373	385		4
374	386		5
375	387		6
376	388		7
377	389		8
378	390		9
379	391		10
380	392		11
381	393		12
382	394		13
383	395		14
384	396		15
385	397		16
386	398		17
387	399		18
388	400		19
389	401		20
390	402		21
391	403		22
392	404		23
393	405		24
394	406
	407	+	inform the peace officer of the decision to approve or disapprove
	408	+	the emergency temporary order;
395	409		3. Inform the victim whether the judge has approved or
396	410		disapproved the emergency temporary order. If an emergency
397	411		temporary order has been approved, the peace officer shall provide
398	412		the victim, or a responsible adult if the victim is a minor child or
399	413		an incompetent perso n, with a copy of the petition and a written
400	414		statement signed by the peace officer attesting that the judge has
401	415		approved the emergency temporary order of protection and notify the
402	416		victim that the emergency temporary order shall be effective only
403	417		until the close of business on the next day that the court is open
404	418		for business until the date of the hearing set by the judge. The
405	419		peace officer requesting the order shall be notified by the judge of
406	420		the date, time and courtroom location in which the hearing will be
407	421		held or shall be notified of the date, time and location of the
408	422		hearing from a list of available court dates provided by the judge.
409	423		The peace officer shall provide the victim and defendant with a copy
410	424		of the completed order and return the original orde r to the district
411	425		court;
412	426		4. Notify the person subject to the emergency temporary
413	427		protection order of the issuance and conditions of the order.
414	428		Notification pursuant to this paragraph may be made personally by
415	429		the peace officer or in writing. A copy of t he petition and the
416		-	statement of the peace officer attesting to the order of the judge
417		-	shall be made available to such person; and
418	430
419		-	ENGR. H. B. NO. 1028 Page 9 1
	431	+	HB1028 HFLR Page 9
	432	+	BOLD FACE denotes Committee Amendments. 1
420	433		2
421	434		3
422	435		4
423	436		5
424	437		6
425	438		7
426	439		8
427	440		9
428	441		10
429	442		11
430	443		12
431	444		13
432	445		14
433	446		15
434	447		16
435	448		17
436	449		18
437	450		19
438	451		20
439	452		21
440	453		22
441	454		23
442	455		24
443	456
	457	+	statement of the peace officer attesting to the order of the judge
	458	+	shall be made available to such person; and
444	459		5. File a copy of the petition and the statement of the peace
445	460		officer with the district court of the county immediately upon the
446	461		opening of the court on the next day the court is open for business.
447	462		The peace officer shall make every attempt to serve the subject of
448	463		the order and complete a return of service when filing the petition
449	464		with the district court. If the peace officer is unable to obtain
450	465		service, the petition shall be filed with the district court the
451	466		next business day. The court clerk shall receive the petition upon
452	467		delivery by the peace officer and document the hearing date and time
453	468		assigned to the case as documente d by the peace officer. If the
454	469		court clerk observes that service has not been obtained, the
455	470		petition shall still be filed by the court clerk and issued to the
456	471		appropriate office of the county sheriff to obtain service with
457	472		priority.
458	473		D. The forms utilized by law enforcement agencies in carrying
459	474		out the provisions of this section may be substantially similar to
460	475		those used under Section 60.2 of this title.
461	476		SECTION 4. This act shall become effective November 1, 2021.
462	477
463		-	ENGR. H. B. NO. 1028 Page 10 1
464		-	2
465		-	3
466		-	4
467		-	5
468		-	6
469		-	7
470		-	8
471		-	9
472		-	10
473		-	11
474		-	12
475		-	13
476		-	14
477		-	15
478		-	16
479		-	17
480		-	18
481		-	19
482		-	20
483		-	21
484		-	22
485		-	23
486		-	24
487		-
488		-	Passed the House of Representatives the 1st day of March, 2021.
489		-
490		-
491		-
492		-
493		-	Presiding Officer of the House
494		-	of Representatives
495		-
496		-
497		-	Passed the Senate the ___ day of __________, 2021.
498		-
499		-
500		-
501		-
502		-	Presiding Officer of the Senate
503		-
504		-
	478	+	COMMITTEE REPORT BY: COM MITTEE ON JUDICIARY - CIVIL, dated
	479	+	02/18/2021 - DO PASS, As Amended.