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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 813 By: Seifried
AS INTRODUCED
An Act relating to victim protective orders; amending
22 O.S. 2021, Sections 40.3, 60.3, and 60.16, which
relate to emergency orders; adding duty for peace
officer to attempt certain service; requiring filing
of petition under certain circumstances; establishing
duties of court clerk to receive and document certain
petition; requiring filing of petition; modifying
required notice to victi m; requiring peace officer to
provide certain order to victim and return to co urt;
clarifying language; repealing Section 3, Chapter
318, O.S.L. 2022 (21 O.S. Supp. 2024, Section
1173.1), which relates to Stalking Warning Letter;
providing an effective dat e; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 40.3, is
amended to read as follows:
Section 40.3. A. When the court is not open for bu siness, the
victim of domestic violence, stalking, harassment, rape, forcible
sodomy, a sex offense, kidnapping or assault and battery with a
deadly weapon or member of the immediate family of a victim of
first-degree murder may request a petition for an e mergency
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temporary order of protection. The peace officer making the
preliminary investigation shall:
1. Provide the victim or member of the immediate family of a
victim of first-degree murder with a petition for an emergency
temporary order of protectio n and, if necessary, assist the victim
or member of the immediate family of a victim of first-degree murder
in completing the petition form. The petition shall be in
substantially the same form as provided by Section 60.2 of this
title for a petition for protective order in domestic abuse cases;
2. Immediately notify, by telephone or otherwise, a judge of
the district court of the request for an emergency temporary order
of protection and describe the circumstances. The judge shall
inform the peace offic er of the decision to approve or disapprove
the emergency temporary order;
3. Inform the victim or member of the immediate family of a
victim of first-degree murder whether the judge has approved or
disapproved the emergency temporary order. If an emerge ncy
temporary order has been approved, the peace officer shall provide
the victim, or a responsible adult if the victim is a minor child or
an incompetent person or member of the immediate family of a victim
of first-degree murder, with a copy of the petit ion and a written
statement signed by the peace officer attesting that the jud ge has
approved the emergency temporary order of protection; and
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4. Notify the person subject to the emergency temporary
protection order of the issuance and conditions of the o rder, if
known. Notification pursuant to this paragraph may be made
personally by the peace officer upon arrest or, upon identification
of the assailant, notice shall be given by any law enforcement
officer. A copy of the petition and the statement of th e peace
officer attesting to the order of the judge shall be made available
to the person; and
5. Make every attempt to serve the subject of the order and
complete a return of service when filing the petition with the
district court. If the peace officer is unable to obtain service,
the petition shall be filed by a peace officer with the district
court the next business day. The court clerk shall receive the
petition upon delivery by the peace officer and document the hearing
date and time assigned to th e case as documented by the peace
officer. If the court clerk observes that s ervice has not been
obtained, the petition shall still be filed by the court clerk and
issued to the appropriate office of the county sheriff to obtain
service with priority .
B. The forms utilized by law enforcement agencies in carrying
out the provisions of this section may be substantially similar to
those used under Section 60.2 of this title.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 60.3, is
amended to read as follows:
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Section 60.3. A. If a plaintiff requests an emergency ex parte
order pursuant to Section 60.2 of this title, the court shall hold
an ex parte hearing on the same day the petition is filed, if the
court finds sufficient grounds with in the scope of the Protection
from Domestic Abuse Act stated in the petition to hold such a
hearing. The court may, for good cause shown at the hearing, issue
any emergency ex parte order that it finds necessary to protect the
victim from immediate and p resent danger of domestic abuse,
stalking, or harassment. The emergency ex pa rte order shall be in
effect until after the full hearing is conducted. Provided, if the
defendant, after having been served, does not appear at the hearing,
the emergency ex parte order shall remain in effect until the
defendant is served with the permanent order. If the terms of the
permanent order are the same as those in the emergency order, or are
less restrictive, then it is not necessary to serve the defendant
with the permanent order. The Administrative Office of the Courts
shall develop a standa rd form for emergency ex parte protective
orders.
B. An emergency ex parte protective order authorized by this
section shall include the name, sex, race, date of birth of the
defendant, and the dates of issue and expiration of the protective
order.
C. 1. If a plaintiff requests an emergency temporary ex parte
order of protection as provided by Section 40.3 of this title, the
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judge who is notified of the request by a peace offic er may issue
such order verbally to the officer or in writing when there is
reasonable cause to believe that the order is necessary to protect
the victim from immediate and present danger of domestic abuse.
When the order is issued verbally the judge shal l direct the officer
to complete and sign a statement attesting to the order. The
emergency temporary ex parte order shall be in effect until the
court date that was assigned by the court during the approval of the
order. Emergency temporary ex parte ord ers shall be heard within
fourteen (14) days after issuance. The court shall provide a list
of available court dates for hearings.
2. The peace officer shall make every attempt to serve the
subject of the order and complete a return of service when filin g
the petition with the district court. If the peace officer is
unable to obtain service, the petition shall be filed by a peace
officer with the district court the next business day. The court
clerk shall receive the petition upon delivery by the peace officer
and document the hearing date and time assigned to the case as
documented by the peace officer. If the court clerk observes that
service has not been obtained, the petition shall still be filed by
the court clerk and issued to the appropriate offi ce of the county
sheriff to obtain service with priority.
D. If an action for divorce, separate maintenance,
guardianship, adoption or any other proceeding involving custody or
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visitation has been filed and is pending in a county different than
the county in which the emergency ex parte order was issued, the
hearing on the petition for a final protective order shall be
transferred and held in the same county in which the action for
divorce, separate maintenance, guardianship, adoption or any other
proceeding involving custody or visitation is pending.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 60.16, is
amended to read as follows:
Section 60.16. A. A peace officer shall not discourage a
victim of domestic abuse from pressing cha rges against the assailant
of the victim.
B. 1. A peace officer may arrest w ithout a warrant a person
anywhere, including a place of residence, if the peace officer has
probable cause to believe the person within the preceding seventy -
two (72) hours has committed an act of domestic abuse as defined by
Section 60.1 of this title, although the assault did not take place
in the presence of the peace officer. A peace officer may not
arrest a person pursuant to this section without first observing a
recent physical injury to, or an impairment of the physical
condition of, the alleged v ictim.
2. An arrest, when made pursuant to this section, shall be
based on an investigation by the peace officer of the circumstances
surrounding the incident, past history of v iolence between the
parties, statements of any children present in the residence, and
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any other relevant factors. A determination by the peace officer
shall be made pursuant to the investigation as to which party is the
dominant aggressor in the situation . A peace officer may arrest the
dominant aggressor.
C. When the court is no t open for business, the victim of
domestic abuse may request a petition for an emergency temporary
order of protection. The peace officer making the preliminary
investigation shall:
1. Provide the victim with a petition for an emergency
temporary order of protection and, if necessary, assist the victim
in completing the petition form. The petition shall be in
substantially the same form as provided by Section 60.2 of this
title for a petition for protective order;
2. Immediately notify, by telephone or otherwise, a judge of
the district court of the request for an emergency temporary order
of protection and describe the circumstances. The judge shall
inform the peace officer of the decision to approve or disapprove
the emergency temporary order;
3. Inform the victim whether the judge has approved or
disapproved the emergency temporary order. If an emergency
temporary order has been approved, the officer shall provide the
victim, or a responsible adult if the victim is a minor child or an
incompetent person, with a copy of the petition and a written
statement signed by the officer attesting that the judge has
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approved the emergency temporary order of protection and notify the
victim that the emergency temporary order shall be effective only
until the close of business on the next day that the court is open
for business the date of the hearing set by the judge. The peace
officer requesting the order shall be notified by the jud ge of the
date, time, and courtroom location in which the hearing will be
held. The peace officer shall provide the victim and subject of the
order with a copy of the completed order and return the original
order to the district court ;
4. Notify the person subject to the emergency temporary
protection order of the issuance and conditions of the order.
Notification pursuant to this paragraph may be made personally by
the officer or in writing. A copy of the petition and the statement
of the officer attes ting to the order of the judge shall be made
available to such person; and
5. File a copy of the petition and the statement of the peace
officer with the district court of the county immediately upon the
opening of the court on the next day the court is o pen for business.
The peace officer shall make every attempt to serve the subject of
the order and complete a return of service when filing the petition
with the district court. If the peace officer is unable to obtain
service, the petition shall be file d by a peace officer with the
district court on the next business day. The co urt clerk shall
receive the petition upon delivery by the peace officer and document
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the hearing date and time assigned to the case as documented by the
peace officer. If the co urt clerk observes that service has not
been obtained, the petition shall still be filed by the court clerk
and issued to the appropriate office of the county sheriff to obtain
service with priority.
D. The forms utilized by law enforcement agencies in ca rrying
out the provisions of this section may be substantially similar to
those used under Section 60.2 of this title.
SECTION 4. REPEALER Section 3, Chapter 318, O.S.L. 2022
(21 O.S. Supp. 2024, Section 1173.1), is hereby repealed.
SECTION 5. This act shall become effective July 1, 2025.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof th is act shall take effect and
be in full force from and after its passage and a pproval.
60-1-289 TEK 1/16/2025 12:06:56 AM