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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1710 By: Weaver
AS INTRODUCED
An Act relating to the Protection from Domestic Abuse
Act; amending 22 O.S. 2021, Section 60.6, which
relates to violation of protective orders;
authorizing court to enter certain orders pr ior to
trial; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 60.6, is
amended to read as follows:
Section 60.6. A. Except as otherwise provided by this secti on,
any person who:
1. Has been served with an emergency temporary, ex parte or
final protective order or foreign protective order and is in
violation of such protective order, upon conviction, shall be guilty
of a misdemeanor and shall be punished by a fine of not more than
One Thousand Dollars ($1,000.00) or by a term of imprisonment in the
county jail of not more th an one (1) year, or by both such fine and
imprisonment; and
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2. After a previous conviction of a violation of a protective
order, is convicted of a second or su bsequent offense pursuant to
the provisions of this section shall, upon conviction, be guilty of
a felony and shall be punished by a term of imprisonment in the
custody of the Department of Corrections for not less than one (1)
year nor more than three (3) years, or by a fine of not less than
Two Thousand Dollars ($2,000.00) nor more than Ten Thousan d Dollars
($10,000.00), or by both such fine and imprisonment .
B. 1. Any person who has been served with an emergency
temporary, ex parte or final protective order or foreign protective
order who violates the protective order and causes physical injury
or physical impairment to the plaintiff or to any other person named
in said protective order shall, upon conviction, be guilty of a
misdemeanor and shall be punished by a term of imprisonment in the
county jail for not less than twenty (20) days nor more t han one (1)
year. In addition to the term of imprisonment, t he person may be
punished by a fine not to exceed Five Thousand Dollars ($5,000 .00).
2. Any person who is convicted of a second or subsequent
violation of a protective order which causes physical injury or
physical impairment to a plaintiff or to any othe r person named in
the protective order shall be guilty of a felony and shall be
punished by a term of imprisonment in the custody of the Department
of Corrections of not less than one (1) year no r more than five (5)
years, or by a fine of not less than Thr ee Thousand Dollars
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($3,000.00) nor more than Ten Thousand Dollars ($10,000.00) , or by
both such fine and imprisonment.
3. In determining the term of imprisonment required by this
section, the jury or sentencing judge shall consider the degree of
physical injury or physical impairment to the victim.
4. The provisions of this subsection shall not affect the
applicability of Sections 644, 645, 647 and 652 of Title 21 of the
Oklahoma Statutes.
C. The minimum sentence of imprisonment issued pursuant to the
provisions of paragraph 2 of subsection A and paragraph 2 of
subsection B of this section shall not be subject to statutory
provisions for suspended sentences, deferred sentences or probation,
provided the court may subject any remaining penalty under the
jurisdiction of the court to the statutory provisio ns for suspended
sentences, deferred sentences or probation.
D. In addition to any other penalty specified by this section,
the court shall requ ire a defendant to undergo the treatment or
participate in the counseling services necessary to bring about the
cessation of domestic abuse against the victim o r to bring about the
cessation of stalking or harassment of the victim. For every
conviction of violation of a protective order:
1. The court shall specifi cally order as a condition of a
suspended sentence or probation that a defendant participate in
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counseling or undergo treatment to bring about the cessation of
domestic abuse as specified in para graph 2 of this subsection;
2. a. The court shall require the defendant to participate
in counseling or undergo treatment for domestic abuse
by an individual licensed practitioner or a domestic
abuse treatment program certified by the Attorney
General. If the defendant is ordered to participate
in a domestic abuse counseling or treatment program,
the order shall require the defendant to attend the
program for a minimum of fifty -two (52) weeks,
complete the program, and be evaluated before and
after attendance of the program by a program counselor
or a private counselor.
b. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify
for the counseling or treatment requirement for
domestic abuse pursuant to this subsection. The
counseling may be ordered in addition to counseling
specifically for the treatment of domes tic abuse or
per evaluation as set forth below. If, after
sufficient evaluation and attendance at required
counseling sessions, the domestic vio lence treatment
program or licensed professional determines t hat the
defendant does not evaluate as a perpetrator of
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domestic violence or do es evaluate as a per petrator of
domestic violence and should complete other programs
of treatment simultaneously or prior to domestic
violence treatment, including but not limit ed to
programs related to the mental health, appar ent
substance or alcohol abuse or inability or refusal to
manage anger, the defendant shall be ordered to
complete the counseling as per the reco mmendations of
the domestic violence treatment program or lic ensed
professional;
3. a. The court shall set a review hearing no more than one
hundred twenty (120) days after the defendant is
ordered to participate in a domestic abuse counseling
program or undergo treatment for domestic abuse to
assure the attendance and compliance of the defendant
with the provisions of this subsection and the
domestic abuse counseling or treatment requirements.
b. The court shall set a second review hearing after the
completion of the counseling or treatment to assure
the attendance and compliance of the defendant with
the provisions of this subsection and the domestic
abuse counseling or treatment requirements. The court
may suspend sentencing of the defendant until the
defendant has presented proof to the court of
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enrollment in a program of treatment for domestic
abuse by an individual licensed practitioner or a
domestic abuse treatment program certified by the
Attorney General and attendance at weekly sessions of
such program. Such proof shall be presented to the
court by the defendant no later than one hundred
twenty (120) days after the defendant is ordere d to
such counseling or treatment. At such time, the court
may complete sentencing, beginning the period of the
sentence from the date that proof of enrollment is
presented to the court, and schedule reviews as
required by subparagraphs a and b of this paragraph
and paragraphs 4 and 5 of this subsection. The court
shall retain continuing jurisdiction over the
defendant during the course of ordered counseling
through the final review hearing;
4. The court may set subsequent or other review hearings as the
court determines necessary to assure the defendant attends and fully
complies with the provisions of this subsection and the domestic
abuse counseling or treatment requirements ;
5. At any review hearing, if the defendant is n ot
satisfactorily attending individual counseling or a domestic abuse
counseling or treatment program or is not in compliance with any
domestic abuse counseling or treatment requirements, the court may
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order the defendant to further or continue counseling, treatment, or
other necessary services. The cou rt may revoke all or any part of a
suspended sentence, deferred sentence, or probation pursuant to
Section 991b of this title and subject the defendant to an y or all
remaining portions of the original senten ce;
6. At the first review hearing, the court shall require the
defendant to appear in court. Thereafter, for any subsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, domestic abuse counseling, or
the treatment progra m. There shall be n o requirement for the victim
to attend review hearings; and
7. If funding is available, a referee may be appointed and
assigned by the presiding judge of th e district court to hear
designated cases set for review under this subsection. Reasonable
compensation for the referees shall be fixed by the presiding judge.
The referee shall meet the requir ements and perform all duties in
the same manner and procedur e as set forth in Sections 1 -8-103 and
2-2-702 of Title 10A of the Oklahoma Sta tutes pertaining to referees
appointed in juvenile proceedings.
E. Emergency temporary, ex parte and final protective orders
shall include notice of these penalties.
F. When a minor child violates the provisions of any protec tive
order, the violation shall be heard in a juvenile proceeding and the
court may order the child and the parent or parents of the child to
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participate in family counseling services necessary to bring abo ut
the cessation of domestic abuse against the victim and may order
community service hours to be p erformed in lieu of any fine or
imprisonment authorized by this section.
G. Any district court of this state and any judge thereof shall
be immune from any liability or prosecution for issuing an order
that requires a defendant to:
1. Attend a treatment program for domestic abusers certified by
the Attorney General;
2. Attend counseling or treatme nt services ordered as part of
any final protective order or for any violation of a protective
order; and
3. Attend, complete, and be evalu ated before and afte r
attendance by a treatment program for domestic abusers certified by
the Attorney General.
H. At no time, under any proceeding, may a person protected by
a protective order be held to be in violation of th at protective
order. Only a defendant against whom a protective order has been
issued may be held to have violated the order.
I. 1. In addition to any other penalty specified by this
section, the court may order a defendant to use an active, real -
time, twenty-four-hour Global Positioning System (GPS) monitoring
device as a condition of a sentence. The court may further order
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the defendant to pay costs and expenses related to the GPS device
and monitoring.
2. The court may order a d efendant accused of a first violation
of a protective order to use a GPS monitoring device prior to trial
and may order the defendant to pay costs and expenses related to the
GPS device and monitoring. The court may order a de fendant accused
of a second or subsequent violation of a protective order to be held
in the county jail without bond until tria l.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2686 TEK 1/16/2024 5:30:03 PM