Oklahoma 2024 Regular Session

Oklahoma House Bill HB1845 Compare Versions

Version 1 (Old)

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3		-	SENATE FLOOR VERSION - HB1845 SFLR Page 1
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	3	+	ENGR. H. B. NO. 1845 Page 1 1
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 1845 By: Pittman and Kerbs of the
35	30		House
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37	32		and
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39	34		Coleman of the Senate
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45	40		An Act relating to victim protective orders; amending
46	41		22 O.S. 2021, Section 40.3, which relates to
47	42		emergency temporary orders of protecti on for certain
48	43		victims; directing peace officers to serve order and
49	44		complete return of service when filing petition;
50	45		directing court clerk to receive petitio n; providing
51	46		for the filing and issuance of petition despite
52	47		absence of service; amending 22 O.S. 2 021, Sections
53	48		60.3 and 60.16, which relate to the Protection from
54	49		Domestic Abuse Act; directing peace officers to serve
55	50		order and complete return of service when filing
56	51		petition; directing court clerk to receive petition;
57	52		providing for the filing and issua nce of petition
58	53		despite absence of service; increasing time
59	54		limitation for effectiveness of emergency temporary
60	55		orders; providing for notification of hearing date,
61	56		time and location; directing peace officer to provide
62	57		copies of order to victim and defendan t; and
63	58		providing an effective date.
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69	64		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
70	65		SECTION 1. AMENDATORY 22 O.S. 2021, Section 40.3, is
71	66		amended to read as follows:
	67	+	Section 40.3 A. When the court is not open fo r business, the
	68	+	victim of domestic violence, stalking, harassment, rape, forcible
	69	+	sodomy, a sex offense, kidnapping or assault and battery with a
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	71	+	ENGR. H. B. NO. 1845 Page 2 1
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99		-	Section 40.3 A. When the court is not open for business, the
100		-	victim of domestic violence, stalking, harassment, rape, forcible
101		-	sodomy, a sex offense, kidnapping or assault and battery with a
102	96		deadly weapon or member of the immediate family of a victim of
103	97		first-degree murder may request a petition for an emergency
104	98		temporary order of protection. The peace officer making the
105	99		preliminary investigation shall:
106	100		1. Provide the victim or member of the immediate family of a
107	101		victim of first-degree murder with a petition for an emergency
108	102		temporary order of prote ction and, if necessary, assist the victim
109	103		or member of the immediate family of a victim of first -degree murder
110	104		in completing the petition form. The petitio n shall be in
111	105		substantially the same form as provided by Section 60.2 of this
112	106		title for a petition for protective order in domestic abuse cases;
113	107		2. Immediately notify, by telephone or otherwise, a judge of
114	108		the district court of the request for an emergenc y temporary order
115	109		of protection and describe the circumstances. The judge shall
116	110		inform the peace officer of the decision to approve or disapprove
117	111		the emergency temporary order;
118	112		3. Inform the victim or member of the immediate family of a
119	113		victim of first-degree murder whether the judge has approved or
120	114		disapproved the emergency temporary order. If an em ergency
121	115		temporary order has been approved, the peace officer shall provide
122	116		the victim, or a responsible adult if the victim is a minor child or
	117	+	an incompetent person or member of the immediate family of a victim
	118	+	of first-degree murder, with a copy of the p etition and a written
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124		-	SENATE FLOOR VERSION - HB1845 SFLR Page 3
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	120	+	ENGR. H. B. NO. 1845 Page 3 1
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150		-	an incompetent person or member of the immediate family of a victim
151		-	of first-degree murder, with a copy of the petition and a written
152	145		statement signed by the peace officer attesting that the judge has
153	146		approved the emergency temporary order of protection; and
154	147		4. Notify the person subject to th e emergency temporary
155	148		protection order of the issuance and conditions of t he order, if
156	149		known. Notification pursuant to this paragraph may be made
157	150		personally by the peace officer upon arrest or, upon identification
158	151		of the assailant, notice shall be given by any law enforcement peace
159	152		officer. A copy of the petition and the state ment of the peace
160	153		officer attesting to the order of the judge shall be made available
161	154		to the person; and
162	155		5. Make every attempt to serve the subject of the o rder and
163	156		complete a return of service when filing the petition with the
164	157		district court. If the pea ce officer is unable to obtain service,
165	158		the petition shall be filed with the district co urt the next
166	159		business day. The court clerk shall receive the petitio n upon
167	160		delivery by the peace officer and document the hearing date and time
168	161		assigned to the case as documented by the peace officer. If the
169	162		court clerk observes that service has not been obtained, the
170	163		petition shall still be filed by the court clerk and i ssued to the
171	164		appropriate office of the county sheriff to obtain service with
172	165		priority.
	166	+	B. The forms utilized by law enforcement agencies in carrying
	167	+	out the provisions of this section m ay be substantially similar to
	168	+	those used under Section 60.2 of this t itle.
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	170	+	ENGR. H. B. NO. 1845 Page 4 1
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200		-	B. The forms utilized by law enforcement agencies in carrying
201		-	out the provisions of this section m ay be substantially similar to
202		-	those used under Section 60.2 of this t itle.
203	195		SECTION 2. AMENDATORY 22 O.S. 2021, Section 60.3, is
204	196		amended to read as follows:
205	197		Section 60.3 A. If a plaintiff requests an emergency ex parte
206	198		order pursuant to Section 60.2 o f this title, the court shall hold
207	199		an ex parte hearing on the same day th e petition is filed, if the
208	200		court finds sufficient grounds within the sco pe of the Protection
209	201		from Domestic Abuse Act stated in the petition to hold such a
210	202		hearing. The court may, fo r good cause shown at the hearing, issue
211	203		any emergency ex parte order tha t it finds necessary to protect the
212	204		victim from immediate and present dan ger of domestic abuse,
213	205		stalking, or harassment. The emergency ex parte order shall be in
214	206		effect until after t he full hearing is conducted. Provided, if the
215	207		defendant, after having b een served, does not appear at the hearing,
216	208		the emergency ex parte order shall remain in effect until the
217	209		defendant is served with the permanent order. If the terms of the
218	210		permanent order are the same as those in the emergency or der, or are
219	211		less restrictive, then it is not necessary to serve the defendant
220	212		with the permanent or der. The Administrative Office of the Courts
221	213		shall develop a standard form for emergency ex parte protective
222	214		orders.
	215	+	B. An emergency ex parte protective or der authorized by this
	216	+	section shall include the name, sex, race, date of birth of the
	217	+	defendant, and the dates of issue and expiration of the protective
	218	+	order.
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224		-	SENATE FLOOR VERSION - HB1845 SFLR Page 5
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	220	+	ENGR. H. B. NO. 1845 Page 5 1
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250		-	B. An emergency ex parte protective or der authorized by this
251		-	section shall include the name, sex, race, da te of birth of the
252		-	defendant, and the dates of issue and expiration of the protective
253		-	order.
254	245		C. If a plaintiff requests an emergency tempora ry ex parte
255	246		order of protection as provided by Section 40.3 of this title , the
256	247		judge who is notified of the request by a peace officer may issue
257	248		such order verbally to the peace officer or in writing when there is
258	249		reasonable cause to believe that the order is ne cessary to protect
259	250		the victim from immedi ate and present danger of domest ic abuse.
260	251		When the order is issued verbally the judge shall direct the peace
261	252		officer to complete and sign a statement attesting to the order.
262	253		The emergency temporary ex parte order shall be in effect until the
263	254		court date that was assigned by the court during t he approval of the
264	255		order. Emergency temporary ex parte order s shall be heard within
265	256		fourteen (14) days after issuance. The court shall provide a list
266	257		of available court dates for he arings.
267	258		The peace officer shall mak e every attempt to serve the subject
268	259		of the order and complete a return of service when filing the
269	260		petition with the district court. If the peace officer is unable to
270	261		obtain service, the petition shall be filed with the district court
271	262		the next business da y. The court clerk shall receive the petition
272	263		upon delivery by the peace officer and document the hearing date and
273	264		time assigned to the case as documented by the peace officer. If
	265	+	the court clerk observes that service h as not been obtained, the
	266	+	petition shall still be filed by the court clerk and issued to the
	267	+	appropriate office of the county sheriff to obtain service with
	268	+	priority.
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301		-	the court clerk observes that service h as not been obtained, the
302		-	petition shall still be filed by the court clerk and issued to the
303		-	appropriate office of the county sheriff to obtain service with
304		-	priority.
305	295		D. If an action for divorce, separate maintenance,
306	296		guardianship, adoption or any other p roceeding involving custody or
307	297		visitation has been filed and is pending in a county different than
308	298		the county in which the emergency e x parte order was issued, the
309	299		hearing on the petition for a final protective order shall be
310	300		transferred and held in the sa me county in which the action for
311	301		divorce, separate maintenance, guardianship, adoption or any other
312	302		proceeding involving custody or v isitation is pending.
313	303		SECTION 3. AMENDATORY 22 O.S. 2021, Sectio n 60.16, is
314	304		amended to read as follows:
315	305		Section 60.16 A. A peace officer shall not discourage a victim
316	306		of domestic abuse from pressing charges ag ainst the assailant of the
317	307		victim.
318	308		B. 1. A peace officer may arrest without a warrant a person
319	309		anywhere, including a place of residence, if the peace officer has
320	310		probable cause to believe the person within the preceding seventy -
321	311		two (72) hours has committ ed an act of domestic abuse as defined by
322	312		Section 60.1 of this title, although the assault did not take plac e
323	313		in the presence of the peace officer. A peace officer may not
324	314		arrest a person pursuant to this section without first observing a
	315	+	recent physical injury to, or an impairment of the physical
	316	+	condition of, the alleged victim.
	317	+	2. An arrest, when made pursu ant to this section, shall be
	318	+	based on an investigation by the peace officer of the circumstances
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	320	+	ENGR. H. B. NO. 1845 Page 7 1
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352		-	recent physical injury to, or an impairment of the physical
353		-	condition of, the alleged victim.
354		-	2. An arrest, when made pursu ant to this section, shall be
355		-	based on an investigation by the peace officer of the circumstances
356	345		surrounding the incident, past history of violence between the
357	346		parties, statements of any children present in the residence, and
358	347		any other relevant factors. A determination by the peace officer
359	348		shall be made pursuant to the i nvestigation as to which party is the
360	349		dominant aggressor in the situation. A pe ace officer may arrest the
361	350		dominant aggressor.
362	351		C. When the court is not open for business, the victim of
363	352		domestic abuse may request a petition for an emergency temporary
364	353		order of protection. The peace officer making the preliminary
365	354		investigation shall:
366	355		1. Provide the victim with a petition for an emergency
367	356		temporary order of protection and, if necessary, assi st the victim
368	357		in completing the petition form. The petition shall b e in
369	358		substantially the same form as provided by Section 60.2 of this
370	359		title for a petition for protective order;
371	360		2. Immediately notify, by telephone or otherwise, a judge of
372	361		the district court of the request for an emergency temporary order
373	362		of protection and describe the circumstances. The judge shall
374	363		inform the peace officer of the decision to approve or disapprove
375	364		the emergency temporary order;
	365	+	3. Inform the victim whether the judge has approved or
	366	+	disapproved the emergency temporary order. If an emerg ency
	367	+	temporary order has been approved, the peace officer shall provide
	368	+	the victim, or a responsible adult if the victim is a minor child or
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	370	+	ENGR. H. B. NO. 1845 Page 8 1
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403		-	3. Inform the victim whether the judge has approved or
404		-	disapproved the emergency temporary order. If an emerg ency
405		-	temporary order has been approved, the peace officer shall provide
406		-	the victim, or a responsible adult if the victim is a minor child or
407	395		an incompetent person, with a copy of the petit ion and a written
408	396		statement signed by the peace officer attesting th at the judge has
409	397		approved the emergency temporary order of protection and notify the
410	398		victim that the emergency temporary order shall be effective only
411	399		until the close of business on the ne xt day that the court is open
412	400		for business until the date of the hea ring set by the judge. The
413	401		peace officer requesting the order shall be notified by the judge of
414	402		the date, time, and courtroom location in which the hearing will be
415	403		held or shall be notifie d of the date, time, and location of the
416	404		hearing from a list of ava ilable court dates provided by the judge.
417	405		The peace officer shall provide the victim and subject of the order
418	406		with a copy of the completed order and return the original order to
419	407		the district court;
420	408		4. Notify the person subject to the emergency temporary
421	409		protection order of the issuance and conditions of the orde r.
422	410		Notification pursuant to this paragr aph may be made personally by
423	411		the peace officer or in writing. A copy of the petition and the
424	412		statement of the peace officer attesting to the order of the j udge
425	413		shall be made available to such person; and
	414	+	5. File a copy of the petition and the statement of the peace
	415	+	officer with the district court of the county immediately upon the
	416	+	opening of the court o n the next day the court is open for business.
	417	+	The peace officer shall make ever y attempt to serve the subject of
	418	+	the order and complete a return of serv ice when filing the petition
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	420	+	ENGR. H. B. NO. 1845 Page 9 1
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453		-	5. File a copy of the petition and the statement of the peace
454		-	officer with the district court of the county immediately upon the
455		-	opening of the court o n the next day the court is open for business.
456		-	The peace officer shall make ever y attempt to serve the subject of
457		-	the order and complete a return of service when filing the petition
458	445		with the district court. If the peace officer is unable to obtain
459	446		service, the petition shall be filed with the district court the
460	447		next business day. Th e court clerk shall receive the petition upon
461	448		delivery by the peace offic er and document the hearing date and time
462	449		assigned to the case as documented by the peace officer. If the
463	450		court clerk observes that service has not been obt ained, the
464	451		petition shall still be filed by the court clerk and issued to the
465	452		appropriate office of the county sheriff to obtain service with
466	453		priority.
467	454		D. The forms utilized by law enforcement agencie s in carrying
468	455		out the provisions of this section may be substantially similar to
469	456		those used under Section 60.2 of this title.
470	457		SECTION 4. This act shall become effective November 1, 2023.
471		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
472		-	April 4, 2023 - DO PASS
	458	+	Passed the House of Representatives the 13th day of March, 2023.
	459	+
	460	+
	461	+
	462	+
	463	+	Presiding Officer of the House
	464	+	of Representatives
	465	+
	466	+
	467	+	Passed the Senate the ___ day of __________, 2023.
	468	+
	469	+
	470	+
	471	+
	472	+	Presiding Officer of the Senate
	473	+
	474	+