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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 728 By: Coleman
AS INTRODUCED
An Act relating to the Protection from Domestic Abuse
Act; amending 22 O.S. 2021, Sections 60.6 and 60.17,
which relate to violations of protective orders;
requiring court to order Global Positioning System
monitoring of certain persons served with protective
order; providing an effective date; and declaring an
emergency.
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 section,
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 than 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 subsequent offense pursuant to
the provisions of this section shall, up on 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 Thousand Dollars
($10,000.00), or by both such fine and im prisonment.
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 a nd 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 than one (1)
year. In addition to the term of impri sonment, the 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 other 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 no t less than one (1) year nor more than five (5)
years, or by a fine of not les s than Three 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 requ ired 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 pursuan t 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 provisions for suspended
sentences, deferred sentences or probation.
D. In addition to any other penalty specified by this se ction,
the court shall require a defendant to undergo the treatment or
participate in the counseling services necessary to bring about the
cessation of domestic abuse against the victim or to bring about the
cessation of stalking or harassment of the victi m. For every
conviction of violation of a protective order:
1. The court shall specifically 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 paragraph 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 b y 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 evaluat ed 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 domestic abuse or
per evaluation as set forth below. If, after
sufficient evaluation and attendance at required
counseling sessions, the domestic violence treatment
program or licensed professional de termines that the
defendant does not evaluate as a perpetrator of
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domestic violence or does evaluate as a perpetrator of
domestic violence and should complete other programs
of treatment simultaneously or prior to domestic
violence treatment, including but not limited to
programs related to the mental health, apparent
substance or alcohol abuse or inability or refusal to
manage anger, the defendant shall be ordered to
complete the counseling as per the recommendations of
the domestic violence treatment prog ram or licensed
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 ab use 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 revi ew 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 ordered to
such counseling or treatment. At such time, the court
may complete sentencing, begi nning 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 jur isdiction 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 not
satisfactorily attending individual counseling or a domestic abuse
counseling or treatment program or is not in com pliance with any
domestic abuse counseling or treatment requirements, the cour t may
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order the defendant to further or continue counseling, treatment, or
other necessary services. The court may revoke all or any part of a
suspended sentence, deferred sente nce, or probation pursuant to
Section 991b of this title and subject the defendant to any or all
remaining portions of the original sentence;
6. At the first review hearing, the court shall require the
defendant to appear in court. Thereafter, for any su bsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, domestic abuse counseling, or
the treatment program. There shall be no 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 the 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 requirements and perform all duties in
the same manner and procedure as set forth in Sections 1 -8-103 and
2-2-702 of Title 10A of the Oklahoma Statutes 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 protective
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 about
the cessation of domestic abuse against the victim and may order
community service hours to be performed in lieu of any fine or
imprisonment authorized by this secti on.
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 treatment services ordered as part of
any final protective order or for any violation of a protective
order; and
3. Attend, complete, and be evaluated before and after
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 that protective
order. Only a defendant against whom a protective order has been
issued may be held to have violated th e order.
I. In addition to any other penalty specified by this section,
the court may shall 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 furt her order the
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defendant to pay costs and expenses related to the GPS device and
monitoring.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 60.17, is
amended to read as follows:
Section 60.17. The court shall consider the safety of a ny and
all alleged victims of domestic violence, stalking, harassment,
sexual assault, or forcible sodomy where the defendant is alleged to
have violated a protective order, committed domestic assault and
battery, stalked, sexually assaulted, or forcibly s odomized the
alleged victim or victims prior to the release of the alleged
defendant from custody on bond. The court, after consideration and
to ensure the safety of the alleged victim or victims, may issue an
emergency protective order pursuant to the Pr otection from Domestic
Abuse Act. The court may also issue to the alleged vic tim or
victims an order restraining the alleged defendant from any activity
or action from which they may be restrained under the Protection
from Domestic Abuse Act. The court s hall not consider a “no contact
order as condition of bond ” as a factor when determining whether the
petitioner is eligible for relief. The protective order shall
remain in effect until either a plea has been accepted, sentencing
has occurred in the case, the case has been dismissed, or until
further order of the court dismissing t he protective order. In
conjunction with any protective order or restraining order
authorized by this section, the court may shall order the defendant
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to use an active, real -time, twenty-four-hour Global Positioning
System (GPS) monitoring device for such term as the court deems
appropriate as long as the protective order or restraining order
remains in effect. Upon application of the victim, the court may
authorize the victim t o monitor the location of the defendant. Such
monitoring by the victim shall be limited to the ability of the
victim to make computer or cellular inquiries to determine if the
defendant is within a specified distance of locations, excluding the
residence or workplace of the defendant, or to receive a computer -
or a cellular-generated signal if the defendant comes within a
specified distance of the victim. The court shall conduct an annual
review of the monitoring order to determine if such order to monito r
the location of the defendant is still necessary. Before the court
orders the use of a GPS device, the court shall find that the
defendant has a history that demonstrates an intent to commit
violence against the victim, including, but not limited to, pr ior
conviction for an offense under the Protection from Domestic Abuse
Act or any other violent offense, or any other evidence that shows
by a preponderance of the evidence that the defendant is likely to
commit violence against the victim. The court may further order the
defendant to pay costs and expenses related to the GPS devic e and
monitoring.
SECTION 3. This act shall become effective July 1, 2025.
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SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-857 TEK 1/15/2025 11:20:34 AM