Oklahoma 2022 Regular Session

Oklahoma House Bill HB1948 Compare Versions

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	30	+	March 23, 2021
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 1948 By: Cruz, Fugate, Lawson and
4	35		Moore of the House
5	36
6	37		and
7	38
8	39		Floyd of the Senate
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15	45		An Act relating to criminal procedure; amending 22
16	46		O.S. 2011, Section 60.1, as amended by Secti on 2,
17	47		Chapter 200, O.S.L. 2019 (22 O.S. Supp. 2020, Section
18	48		60.1), which relates to the Protection from Domestic
19	49		Abuse Act; modifying scope of certain definition; and
20	50		providing an effective date .
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25		-	SUBJECT: Criminal procedure
26		-
27	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
28		-
29	56		SECTION 1. AMENDATORY 22 O.S. 2011, Section 60.1, as
30	57		amended by Section 2, Chapter 200, O.S.L. 2019 (22 O.S. Supp. 2020,
31	58		Section 60.1), is amended to read as follows:
32		-
33		-	Section 60.1 As used in the Protection from Domestic Abuse Act
	59	+	Section 60.1. As used in the Protection from Domestic Ab use Act
34	60		and in the Domestic Abuse Reporting Act, Secti ons 40.5 through 40.7
35	61		of this title, and Section 150.12B of Title 74 of the Oklahoma
36	62		Statutes:
37		-
38	63		1. "Dating relationship" means intimate association, primarily
39	64		characterized by affectionate or sexual inv olvement. For purposes
40	65		of this act, a casual acquaint ance or ordinary fraternization
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41	93		between persons in a business or social context shall not constitute
42	94		a dating relationship;
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44	95		2. "Domestic abuse" means any act of physical harm , or the
45	96		threat of imminent physical harm which is committed by an adult,
46		-	emancipated minor, or minor child thirteen (13) years of age or ~~ENR. H. B. NO. 1948 Page 2~~
	97	+	emancipated minor, or minor child thirteen (13) years of age or
47	98		older against another adult, emancipated minor or minor child who is
48	99		currently or was previously an intimate partner or family or
49	100		household member;
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51	101		3. "Family or household members" means:
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53	102		a. parents, including grandparents, stepparents, adoptive
54	103		parents and foster parents,
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56	104		b. children, including grandchildren, stepchildren,
57	105		adopted children and foster children, and
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59	106		c. persons otherwise related by blood or marriage living
60	107		in the same household , and
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62	108		d. persons otherwise related by blood or marriage ;
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64	109		4. "Foreign protective order " means any valid order of
65	110		protection issued by a court of another state or a tribal court;
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67	111		5. "Harassment" means a knowing and willful course or pattern
68	112		of conduct by a family or household member or an individual who is
69	113		or has been involved in a dating relationship with the person,
70	114		directed at a specific person which seriously alarms or annoys the
71	115		person, and which serves no legitimate purpose. The course of
72	116		conduct must be such as would cause a reasonable person to suffer
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73	144		substantial emotional distress , and must actually cause substantial
74	145		distress to the person. "Harassment" shall include, but not be
75	146		limited to, harassing o r obscene telephone calls in violation of
76	147		Section 1172 of Title 21 of the Oklahoma Statutes and fear of death
77	148		or bodily injury;
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79	149		6. "Intimate partner" means:
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81	150		a. current or former spouses,
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83	151		b. persons who are or were in a dating relationship,
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85	152		c. persons who are the biological parents of the same
86	153		child, regardless of their marital status or whether
87	154		they have lived together at any time, and
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89	155		d. persons who currently or formerly lived together in an
90	156		intimate way, primarily characterized by affectionate
91		-	or sexual involvement . A sexual relationship may be ~~ENR. H. B. NO. 1948 Page 3~~
	157	+	or sexual involvement. A sexual relationship may be
92	158		an indicator that a person is an intimate partner, but
93	159		is never a necessary condition;
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95	160		7. "Mutual protective order " means a final protective order or
96	161		orders issued to both a plaintiff who has filed a petition for a
97	162		protective order and a defendant included as the de fendant in the
98	163		plaintiff's petition restraining the parties from committing
99	164		domestic violence, stalking, harassment or rape against each other.
100	165		If both parties allege domestic abuse, violence, stalking ,
101	166		harassment or rape against each other, the parties s hall do so by
102	167		separate petition pursuant to Section 60.4 of this title;
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104	195		8. "Rape" means rape and rape by instrumentation in violation
105	196		of Sections 1111 and 1111.1 of Title 21 of the Oklahoma Statutes;
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107	197		9. "Stalking" means the willful, malicious, and repeat ed
108	198		following or harassment of a person by an adult, emancipated minor,
109	199		or minor thirteen (13) years of age or older, in a manner that would
110	200		cause a reasonable person to feel frightened, intimidated,
111	201		threatened, harassed, or molested and actually causes the person
112	202		being followed or harassed to feel terrorized, frightened,
113	203		intimidated, threatened, harassed or molested. Stalking also means
114	204		a course of conduct composed of a series of two or more separate
115	205		acts over a period of time, however short, evidencing a continuity
116	206		of purpose or unconsented contact with a person that is initiated or
117	207		continued without the consent of the individual or in disregard of
118	208		the expressed desire of the individual that the contact be avoided
119	209		or discontinued. Unconsented contact or c ourse of conduct includes,
120	210		but is not limited to:
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122	211		a. following or appearing within the sight of that
123	212		individual,
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125	213		b. approaching or confronting that individual in a public
126	214		place or on private property,
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128	215		c. appearing at the workplace or residence of that
129	216		individual,
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131	217		d. entering onto or remaining on property owned, leased
132	218		or occupied by that individual,
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134	246		e. contacting that individual by telephone,
135		-	ENR. H. B. NO. 1948 Page 4
136	247		f. sending mail or electronic communications to that
137	248		individual, or
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139	249		g. placing an object on, or delivering an object to,
140	250		property owned, leased or occupied by that individual;
141	251		and
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143	252		10. "Victim support person " means a person affiliated with a
144	253		domestic violence, sexual assault or adult human sex trafficking
145	254		program, certified by the Attorney General or operating under a
146	255		tribal government, who provides support and assistance for a person
147	256		who files a petition under the Protection from Domestic Abuse Act.
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149		-	SECTION 2. This act shall become effective Novembe r 1, 2021. ENR. H. B. NO. 1948 Page 5
150		-	Passed the House of Representatives the 9th day of March, 2021.
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155		-	Presiding Officer of the House
156		-	of Representatives
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159		-	Passed the Senate the 21st day of April, 2021.
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164		-	Presiding Officer of the Senate
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168		-	OFFICE OF THE GOVERNOR
169		-	Received by the Office of the Governor this ____________________
170		-	day of ___________________, 20_______, at _______ o'clock _______ M.
171		-	By: _________________________________
172		-	Approved by the Governor of the State of Oklahoma this _________
173		-	day of ___________________, 20_______, at _______ o'clock _______ M.
174		-
175		-
176		-	_________________________________
177		-	Governor of the State of Oklahoma
178		-
179		-	OFFICE OF THE SECRETARY OF STATE
180		-	Received by the Office of the Secretary of State this __________
181		-	day of ___________________, 20_______, at __ _____ o'clock _______ M.
182		-	By: _________________________________
	257	+	SECTION 2. This act shall become effective November 1, 2021.
	258	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	259	+	March 23, 2021 - DO PASS