Domestic violence; making certain pleas or finding of guilt to stalking violations constitute a conviction for purposes of sentencing; effective date.

An Act
ENROLLED HOUSE
BILL NO. 1413 By: West (Josh), Bashore, and
Rosecrants of the House

and

Coleman of the Senate

An Act relating to domestic violence; amending 21
O.S. 2021, Section 1173, as amended by Section 2,
Chapter 318, O.S.L. 2022 (21 O.S. Supp. 2024, Section
1173), which relates to stalking; making certain
pleas or finding of guilt to stalking violations
constitute a conviction for purposes of sentencing;
amending 22 O.S. 2021, Section 60.6, which relates to
the Protection from Domestic Abuse Act; making
certain pleas or finding of guilty to protective
order violations constitute a conviction for purposes
of sentencing; and providing an effective date.

SUBJECT: Domestic violence

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 21 O.S. 2021, Section 1173, as
amended by Section 2, Chapter 318, O.S.L. 2022 (21 O.S. Supp. 2024,
Section 1173), is amended to read as follows:

Section 1173. A. Any person who willfully, maliciously, and
repeatedly follows or harasses another person in a manner that:

1. Would cause a reasonable person or a member of the immediate
family of that person as defined in subsection F of this section to
feel frightened, intimidated, threatened, harassed, or molested; and

ENR. H. B. NO. 1413 Page 2
2. Actually causes the person being followed or harassed to
feel terrorized, frightened, intimidated, threatened, harassed, or
molested,

shall, upon conviction, be guilty of the crime of stalking, which is
a felony punishable by imprisonment in the custody of the Department
of Corrections for a term not to exceed three (3) years, or by a
fine not to exceed Five Thousand Dollars ($5,000.00), or by both
such fine and imprisonment. Any person convicted of a second
violation of the provisions of this subsection shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed six (6) years, or by a fine not to exceed Ten
Thousand Dollars ($10,000.00), or by both such fine and
imprisonment. Any person convicted of a third or subsequent
violation of the provisions of this subsection shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed twelve (12) years, or by a fine not to exceed
Fifteen Thousand Dollars ($15,000.00), or by both such fine and
imprisonment.

B. Any person who violates the provisions of subsection A of
this section when:

1. There is a permanent or temporary restraining order, a
protective order, an emergency ex parte protective order, or an
injunction in effect prohibiting the behavior described in
subsection A of this section against the same party, when the person
violating the provisions of subsection A of this section has actual
notice of the issuance of such order or injunction;

2. Said person is on probation or parole, a condition of which
prohibits the behavior described in subsection A of this section
against the same party or under the conditions of a community or
alternative punishment; or

3. Said person, within ten (10) years preceding the violation
of subsection A of this section, completed the execution of sentence
for a conviction of a crime involving the use or threat of violence
against the same party, or against any member of the immediate
family of such party,

shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for a
term not to exceed fifteen (15) years, or by a fine not to exceed
ENR. H. B. NO. 1413 Page 3
Twenty Thousand Dollars ($20,000.00), or by both such fine and
imprisonment.

C. Any person who:

1. Commits a second act of stalking within ten (10) years of
the completion of sentence for a prior conviction of stalking; or

2. Has a prior conviction of stalking and, after being served
with a protective order that prohibits contact with an individual,
knowingly makes unconsented contact with the same individual,

shall, upon conviction, be guilty of a felony punishable by
imprisonment in the custody of the Department of Corrections for a
term not to exceed twenty (20) years, or by a fine not to exceed
Twenty-five Thousand Dollars ($25,000.00), or by both such fine and
imprisonment.

D. Any person who commits an act of stalking within ten (10)
years of the completion of execution of sentence for a prior
conviction under subsection B or C of this section shall, upon
conviction, be guilty of a felony punishable by imprisonment in the
custody of the Department of Corrections for a term not to exceed
twenty-five (25) years, or by a fine not to exceed Thirty Thousand
Dollars ($30,000.00), or by both such fine and imprisonment.

E. Evidence that the defendant continued to engage in a course
of conduct involving repeated unconsented contact, as defined in
subsection F of this section, with the victim after having been
requested by the victim to discontinue the same or any other form of
unconsented contact, and to refrain from any further unconsented
contact with the victim, shall give rise to a rebuttable presumption
that the continuation of the course of conduct caused the victim to
feel terrorized, frightened, intimidated, threatened, harassed, or
molested.

F. For purposes of determining the crime of stalking, the
following definitions shall apply:

1. "Harasses" means a pattern or course of conduct directed
toward another individual that includes, but is not limited to,
repeated or continuing unconsented contact, that would cause a
reasonable person to suffer emotional distress, and that actually
causes emotional distress to the victim. Harassment shall include
harassing or obscene phone calls as prohibited by Section 1172 of
ENR. H. B. NO. 1413 Page 4
this title and conduct prohibited by Section 850 of this title.
Harassment does not include constitutionally protected activity or
conduct that serves a legitimate purpose;

2. "Course of conduct" means a series of two or more separate
acts over a period of time, however short or long, evidencing a
continuity of purpose, including any of the following:

a. maintaining a visual or physical proximity to the
victim,

b. approaching or confronting the victim in a public
place or on private property,

c. appearing at the workplace of the victim or contacting
the employer or coworkers of the victim,

d. appearing at the home of the victim or contacting the
neighbors of the victim,

e. entering onto or remaining on property owned, leased,
or occupied by the victim,

f. contacting the victim by telephone, text message,
electronic message, electronic mail, or other means of
electronic communication or causing the telephone or
electronic device of the victim or the telephone or
electronic device of any other person to ring or
generate notifications repeatedly or continuously,
regardless of whether a conversation ensues,

g. photographing, videotaping, audiotaping, or, through
any other electronic means, monitoring or recording
the activities of the victim. This subparagraph
applies regardless of where the act occurs,

h. sending to the victim any physical or electronic
material or contacting the victim by any means,
including any message, comment, or other content
posted on any Internet site or web application,

i. sending to a family member or member of the household
of the victim, or any current or former employer of
the victim, or any current or former coworker of the
victim, or any friend of the victim, any physical or
ENR. H. B. NO. 1413 Page 5
electronic material or contacting such person by any
means, including any message, comment, or other
content posted on any Internet site or web
application, for the purpose of obtaining information
about, disseminating information about, or
communicating with the victim,

j. placing an object on or delivering an object to
property owned, leased, or occupied by the victim,

k. delivering an object to a family member or member of
the household of the victim, or an employer, coworker,
or friend of the victim, or placing an object on, or
delivering an object to, property owned, leased, or
occupied by such a person with the intent that the
object be delivered to the victim, or

l. causing a person to engage in any of the acts
described in subparagraphs a through k of this
paragraph.

Constitutionally protected activity is not included within the
meaning of "course of conduct";

3. "Emotional distress" means significant mental suffering or
distress that may, but does not necessarily require, medical or
other professional treatment or counseling;

4. "Unconsented contact" means any contact with another
individual that is initiated or continued without the consent of the
individual, or in disregard of that individual's expressed desire
that the contact be avoided or discontinued. Constitutionally
protected activity is not included within the meaning of unconsented
contact. Unconsented contact includes but is not limited to any of
the following:

a. following or appearing within the sight of that
individual,

b. approaching or confronting that individual in a public
place or on private property,

c. appearing at the workplace or residence of that
individual,

ENR. H. B. NO. 1413 Page 6
d. entering onto or remaining on property owned, leased,
or occupied by that individual,

e. contacting that individual by telephone,

f. sending mail or electronic communications to that
individual, and

g. placing an object on, or delivering an object to,
property owned, leased, or occupied by that
individual;

5. "Member of the immediate family", for the purposes of this
section, means any spouse, parent, child, person related within the
third degree of consanguinity or affinity or any other person who
regularly resides in the household or who regularly resided in the
household within the prior six (6) months; and

6. "Following" shall include the tracking of the movement or
location of an individual through the use of a Global Positioning
System (GPS) device or other monitoring device by a person, or
person who acts on behalf of another, without the consent of the
individual whose movement or location is being tracked; provided,
this shall not apply to the lawful use of a GPS device or other
monitoring device or to the use by a new or used motor vehicle
dealer or other motor vehicle creditor of a GPS device or other
monitoring device, including a device containing technology used to
remotely disable the ignition of a motor vehicle, in connection with
lawful action after default of the terms of a motor vehicle credit
sale, loan or lease, and with the express written consent of the
owner or lessee of the motor vehicle.

G. Any pleas of guilty or nolo contendere or finding of guilt
to a violation of any provision of this section shall constitute a
conviction of the offense for the purpose of any subsection of this
section under which the existence of a prior conviction is relevant
for a period of ten (10) years following the completion of any
sentence or court imposed probationary term.

SECTION 2. 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:

ENR. H. B. NO. 1413 Page 7
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

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, 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 Thousand 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 than one (1)
year. In addition to the term of imprisonment, 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 not less than one (1) year nor more than five (5)
years, or by a fine of not less than Three Thousand Dollars
($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.

ENR. H. B. NO. 1413 Page 8
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 provisions for suspended
sentences, deferred sentences or probation.

D. In addition to any other penalty specified by this section,
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 victim. 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
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 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 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 determines that the
defendant does not evaluate as a perpetrator of
domestic violence or does evaluate as a perpetrator of
domestic violence and should complete other programs
ENR. H. B. NO. 1413 Page 9
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 program 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 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
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, 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;
ENR. H. B. NO. 1413 Page 10
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 compliance with any
domestic abuse counseling or treatment requirements, the court may
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 sentence, 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 subsequent 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
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 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;

ENR. H. B. NO. 1413 Page 11
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 the order.

I. 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 the defendant
to pay costs and expenses related to the GPS device and monitoring.

J. Any pleas of guilty or nolo contendere or finding of guilt
to a violation of any provision of this section shall constitute a
conviction of the offense for the purpose of any subsection of this
section under which the existence of a prior conviction is relevant
for a period of ten (10) years following the completion of any
sentence or court imposed probationary term.

SECTION 3. This act shall become effective November 1, 2025.

ENR. H. B. NO. 1413 Page 12
Passed the House of Representatives the 11th day of March, 2025.

Presiding Officer of the House
of Representatives

Passed the Senate the 1st day of May, 2025.

Presiding Officer of the Senate

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.

_________________________________
Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________