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SENATE FLOOR VERSION
March 23, 2021
ENGROSSED HOUSE
BILL NO. 1948 By: Cruz, Fugate, Lawson and
Moore of the House
and
Floyd of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2011, Section 60.1, as amended by Secti on 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 scope of certain definition; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. 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:
Section 60.1. As used in the Protection from Domestic Ab use Act
and in the Domestic Abuse Reporting Act, Secti ons 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 inv olvement. For purposes
of this act, a casual acquaint ance or ordinary fraternization
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between persons in a business or social context 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,
b. children, including grandchildren, stepchildren,
adopted children and foster children, and
c. persons otherwise related by blood or marriage living
in the same household , and
d. persons otherwise related by blood or marriage ;
4. "Foreign protective order " means any valid order of
protection issued by a court 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 person which seriously alarms or annoys the
person, and which serves no legitimate purpose. The course of
conduct must be such as would cause a reasonable person to suffer
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substantial emotional distress , and must actually cause substantial
distress to the person. "Harassment" shall include, but not be
limited to, harassing o r 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 time, 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 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 included as the de fendant 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 other, the parties s hall do so by
separate petition pursuant to Section 60.4 of this title;
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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 repeat ed
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 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. Unconsented contact or c ourse 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 residence of that
individual,
d. entering onto or remaining on property owned, leased
or occupied by that individual,
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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 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
March 23, 2021 - DO PASS