HB2789 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 2789 By: Stinson
AS INTRODUCED
An Act relating to protective orders and stalking;
amending 22 O.S. 2021, Section 60.2, as ame nded by
Section 6, Chapter 318, O.S.L. 2022 (22 O.S. Supp.
2022, Section 60.2), which relates to the Protection
from Domestic Abuse Act; clarifying who is authorized
to seek relief under the Protection from Domestic
Abuse Act; amending 28 O.S. 2021, Sectio n 153, as
amended by Section 2, Chapter 237, O.S.L. 2022 (28
O.S. Supp. 2022, Section 1 53), which relates to fees
in criminal cases; providi ng sheriff's fee for
serving stalking warning letter; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 60.2, as
amended by Section 6, Chapter 318, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 60.2), is amended to read as follows:
Section 60.2. A. A victim of domestic abuse, a vic tim of
stalking, a victim of harassment, a victim of rape, any adult or
emancipated minor household member on behalf of any other family or
HB2789 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
household member who is a minor or incompetent , any minor age
sixteen (16) or seventeen (17) years, or any adult victim of a crime
with a need to prevent further victimization, may seek relief under
the provisions of the Protection from Domestic Abuse Act.
1. The person seeking relief may file a petition for a
protective order with the dist rict court in the county in which the
victim resides, the county in which the defendant resides, or the
county in which the domestic violence occurred. If the person
seeking relief is not a family or household member or an indivi dual
who is or has been in a dating relationship with t he defendant, the
person seeking relief must fi le a complaint against the defendant
with the proper law enforcement agency before filing a petition for
a protective order with the district court . The person seeking
relief shall provide a copy of the compl aint that was filed with the
law enforcement agency at the full hearing if the complaint is no t
available from the law enforcement agency. Failure to provide a
copy of the complaint filed with the law enforcement agency shall
constitute a frivolous filing and the court may assess attorney fees
and court costs against the plaintiff pursuant to para graph 2 of
subsection C of this section. The filing of a petition for a
protective order shall not require jurisdiction or venue of the
criminal offense if eithe r the plaintiff or defendant resides in the
county. If a petition has been filed in an action for divorce or
separate maintenance and either party to the action files a petition
HB2789 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
for a protective order in the same county where the action for
divorce or separate maintenance is filed, the petition for th e
protective order may be heard by the court he aring the divorce or
separate maintenance action if:
a. there is no established protective order docket in
such court, or
b. the court finds that, in the interest of judicial
economy, both actions may be heard together; provided,
however, the petition fo r a protective order,
including, but not limited to, a petition in which
children are named as petitioners, shall remain a
separate action and a separate order shal l be entered
in the protective order action . Protective orders may
be dismissed in favor of restraining orders in the
divorce or separate maintenance action if the court
specifically finds, upon hea ring, that such dismissal
is in the best interests of the parties and does not
compromise the safety of any petitioner.
If the defendant is a minor child, the petition shall be filed
with the court having jurisdiction over juvenile matters.
2. When the abuse occurs when the court is not open for
business, such person may request an emergency temporary order of
protection as authorized by Section 40. 3 of this title.
HB2789 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. The petition forms shall be provided by the clerk of the
court. The Administrative O ffice of the Courts shall develop a
standard form for the pe tition.
C. 1. Except as otherwise provided by this section, no filing
fee, service of process fee, attorney fees or any other fee or costs
shall be charged the plaintiff or victim at any time f or filing a
petition for a protective order whether a protect ive order is
granted or not granted . The court may assess court costs, service
of process fees, attorney fees, other fees and filing fees against
the defendant at the hearing on the petition, if a protective order
is granted against the defendant; provide d, the court shall have
authority to waive the costs and fees if the court finds that th e
party does not have the ability to pay the costs and fees.
2. If the court makes specific findings that a petition for a
protective order has been filed frivolously and no victim exists,
the court may assess atto rney fees and court costs against the
plaintiff.
D. The person seeking relief shall prepare the petition or, at
the request of the plaintiff, the court clerk or the victim-witness
coordinator, victim support person, and court case manager shall
prepare or assist the plaintiff in preparing the petition.
E. The person seeking a protective order may further request
the exclusive care, possession, or control of any animal owned,
possessed, leased, kept, or held b y either the petitioner, defendant
HB2789 HFLR Page 5
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or minor child residing in the residence of the pe titioner or
defendant. The court may order the defendant to make no contact
with the animal and forbid the defendant from taking, transferring,
encumbering, concealing, m olesting, attacking, striking,
threatening, harming, or otherwise disposing of the an imal.
F. A court may not require the victim to seek legal sanctions
against the defendant including, but not limited to, divor ce,
separation, paternity or criminal procee dings prior to hearing a
petition for protective order.
G. A victim of rape, forci ble sodomy, a sex offense,
kidnapping, assault and battery with a deadly weapon or member of
the immediate family of a victim of first-degree murder, as such
terms are defined in Section 40 of this title, may petitio n for an
emergency temporary order or em ergency ex parte order regardless of
any relationship or scenario pursuant to the provisions of this
section. The Administrative Office of the Courts shall modify the
petition forms as necessary to effectuate the pr ovisions of this
subsection.
SECTION 2. AMENDATORY 28 O.S. 2021, Section 153, as
amended by Section 2, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2022,
Section 153), is amended to read as follo ws:
Section 153. A. The clerks of the courts shall collect as
costs in every criminal case for each o ffense of which the defendant
is convicted, irrespect ive of whether or not the sentence is
HB2789 HFLR Page 6
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
deferred, the following flat c harges and no more, except for
standing and parking violations and for charges otherwise provided
for by law, which fee shall cover doc keting of the case, filing of
all papers, issuance of process, warrants, orders, and other
services to the date of judgme nt:
1. For each defendant convicted of
exceeding the speed limit by at least
one (1) mile per hour but not more than
ten (10) miles per hour, whether charged
individually or conjointly wi th others...............$77.00
2. For each defendant convic ted of a
misdemeanor traffic violation other than
an offense provided for in paragraph 1
or 5 of this subsection, whether charged
individually or conjointly with others...............$98.00
3. For each defendant convicted o f a
misdemeanor, other than for driving
under the influence of alcoh ol or other
intoxicating substance or an offense
provided for in paragraph 1 or 2 of this
subsection, whether charged individually
or conjointly with others ............................ $93.00
4. For each defendant c onvicted of a
felony, other than for driving u nder the
HB2789 HFLR Page 7
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
influence of alcohol or other
intoxicating substance, whether charged
individually or conjointly with others ..............$103.00
5. For each defendant convicte d of the
misdemeanor of driving under the
influence of alcohol or other
intoxicating substance, whe ther charged
individually or conjointly with others..............$433.00
6. For each defendant convicted of the
felony of driving under the influence of
alcohol or other intoxicating substance,
whether charged individually or
conjointly with others .............................. $433.00
7. For the services of a court r eporter at
each preliminary hearing and trial held
in the case................................ ..........$20.00
8. For each time a jury is requested .................... $30.00
9. A sheriff's fee for serving or
endeavoring to serve each writ, warran t,
order, process, command, or notice, or
stalking warning letter or pursuing any
fugitive from justice
a. within the county........................ $50.00, or
HB2789 HFLR Page 8
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
mileage as
established by the
Oklahoma Statutes,
whichever is
greater, or
b. outside of the county.................... $50.00, or
actual, necessary
expenses, whichever
is greater
B. In addition to the amount collected pursuant to paragraph s 2
through 6 of subsection A of this section, the sum of Six Dollars
($6.00) shall be assessed and credited to the Law Library Fund
pursuant to Section 1201 e t seq. of Title 20 of the Oklahoma
Statutes.
C. In addition to the amount collected pursuant to subsection A
of this section, the sum of Twenty Dollars ($20.00) shall be
assessed and collected in every traffic case for each offense other
than for driving under the influence of alcohol or other
intoxicating substance; the sum of Thirty Dollars ($30.00 ) shall be
assessed and collected in every misdemeanor case for each of fense;
the sum of Thirty Dollars ($30.00) shall be assessed and collected
in every misdemeanor case for each offense for driving under the
influence of alcohol or other intoxicating sub stance; the sum of
Fifty Dollars ($50.00) shall be assessed and collect ed in every
HB2789 HFLR Page 9
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
felony case for each offense; and the sum of Fifty Dollars ($50.00)
shall be assessed and collected in every felony case for each
offense for driving under the influence of alcohol or other
intoxicating substance.
D. In addition to the amounts collected pursuant to subsections
A and B of this section, the sum of Twenty -five Dollars ($25.00)
shall be assessed and credited to the Okl ahoma Court Information
System Revolving Fun d created pursuant to Section 1315 of Title 20
of the Oklahoma Statutes .
E. In addition to the amount collected pursuant to paragraphs 1
through 6 of subsecti on A of this section, the sum of Ten Dollars
($10.00) shall be assessed and credited to the Sheri ff's Service Fee
Account in the county in which the conviction occurred for the
purpose of enhancing existing or providing additional courthouse
security.
F. In addition to the amounts collected pursuant to para graphs
1 through 6 of subsection A of this s ection, the sum of Three
Dollars ($3.00) shall be assessed and credited to the Office of the
Attorney General Victim Services Unit.
G. In addition to the amou nts collected pursuant to paragraphs
1 through 6 of subsection A of this section, the sum of Thre e
Dollars ($3.00) shall be assessed and credited to the Child Abuse
Multidisciplinary Account . This fee shall not be used for purposes
of hiring or employing any law enforcement officers.
HB2789 HFLR Page 10
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
H. In addition to the amount collected pursuant to paragraphs 5
and 6 of subsection A of this section, the sum of Fifteen Dollars
($15.00) shall be assessed in every misdemeanor or felony case for
each offense of driving unde r the influence of alcohol or other
intoxicating substance and credited to the Oklahoma Impaired Driver
Database Revolving Fund created pursuant to Section 11-902d of Title
47 of the Oklahoma Statutes .
I. Prior to conviction, parties in criminal cases shall not be
required to pay, advance, or post securit y for the issuance or
service of process to ob tain compulsory attendance of witnesses.
J. The amounts to be assessed as court costs upon filing of a
case shall be those am ounts above-stated in paragraph 3 or 4 of
subsection A and subsection s B, C, D and E of this secti on.
K. The fees collected pursu ant to this section shall be
deposited into the court fund, except the following :
1. A court clerk issuing a misdemeanor warr ant is entitled to
ten percent (10%) of the sheriff's service fee, provided for in
paragraph 9 of subsection A of this section, co llected on a warrant
referred to the contractor for the misdemeanor warrant noti fication
program governed by Sections 514.4 an d 514.5 of Title 19 of the
Oklahoma Statutes. This ten-percent sum shall be deposited into the
issuing Court Clerk's Revolving Fund, created pursuant to Section
220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing
the warrant with the bala nce of the sheriff's service fee to be
HB2789 HFLR Page 11
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
deposited into the Sheriff 's Service Fee Account, created p ursuant
to the provisions of Sec tion 514.1 of Title 19 of the Oklahoma
Statutes, of the sheriff in the county in which service is made or
attempted. Otherwise, the sheriff's service fee, when co llected,
shall be deposited in i ts entirety into the Sheriff 's Service Fee
Account of the sheriff in the county in which service is made or
attempted;
2. The sheriff's fee provided for in Section 153.2 of this
title;
3. The witness fees paid by the dis trict attorney pursuant to
the provisions of Section 82 of this title which, if collected by
the court clerk, shall be transferred to the district attorney 's
office in the county where witness attendance was required . Fees
transferred pursuant to this par agraph shall be deposited in the
district attorney's maintenance and operating expense account;
4. The fees provided for in subsection C of this section shall
be forwarded to the District Attorneys Council Revolving Fund to
defray the costs of prosecutio n; and
5. The following amounts of the fees provided for in par agraphs
2, 3, 5 and 6 of subsect ion A of this section, when collected, shall
be deposited in the Trauma Care Ass istance Revolving Fund, created
pursuant to the provisions of Section 1 -2530.9 of Title 63 of the
Oklahoma Statutes:
HB2789 HFLR Page 12
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. Ten Dollars ($10.00) of the Ninety-eight-Dollar fee
provided for in paragraph 2 of subsection A of this
section,
b. Ten Dollars ($10.00) of the Ninety-three-Dollar fee
provided for in paragraph 3 of subsection A o f this
section,
c. One Hundred Dollars ($100.00) of the Four -Hundred-
Thirty-three-Dollar fee provided for in paragraph 5 of
subsection A of this section, and
d. One Hundred Dollars ($100.00) of the Four -Hundred-
Thirty-three-Dollar fee provided for in par agraph 6 of
subsection A of this section .
L. As used in this section , "convicted" means any final
adjudication of guilt, whether pursuant to a plea of guilty or nolo
contendere or otherw ise, and any deferred judgm ent or suspended
sentence.
M. A court clerk may accept in payment for any fee, fine,
forfeiture payment, cost, penalty assessment or other charge or
collection to be assessed or c ollected by a court clerk pursuant to
this section a nationally recogniz ed credit card or debit card or
other electronic payment method as provided in paragraph 1 of
subsection B of Secti on 151 of this title.
HB2789 HFLR Page 13
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
N. Upon receipt of payment of fines and cos ts for offenses
charged prior to July 1, 1992, the court clerk shall ap portion and
pay Thirteen Dollars ($13.00) pe r conviction to the court fund.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
02/22/2023 - DO PASS.