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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3903 By: Hefner of the House
and
Coleman of the Senate
COMMITTEE SUBSTITUTE
An Act relating to domestic violence; amending 22
O.S. 2021, Sections 40.6, 60.2, as last amended by
Section 1, Chapter 305, O.S.L. 2023 (22 O.S. Supp.
2025, Section 60.2), and 60.20, which relate to
criminal procedure; directing law enforcement
agencies to prepare written domestic violence
incident reports; providing examples which do not
satisfy the incident report requirement; directing
court clerks to accept for filing, file-stamp, and
docket each petition for a protective order;
directing that petition and any attachments be
maintained as part of case record; providing
exceptions; requiring each member of the judiciary to
complete certain annual training; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 40.6, is
amended to read as follows:
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Section 40.6. A. It shall be the duty of every law enforcement
agency to keep prepare a written domestic violence incident report
and maintain a record of each reported incident of domestic abuse as
provided in subsection B of this section and to submit a monthly
report of such incidents as provided in subsection C of this section
to the Director of the Oklahoma State Bureau of Investigation. A
dispatch log, call-for-service entry, or similar notation does not
satisfy the written incident report requirement of this section.
B. The record of each reported incident of domestic abuse
shall:
1. Show the type of crime involved in the domestic abuse;
2. Show the day of the week the incident occurred;
3. Show the time of day the incident occurred; and
4. Contain other information requested by the Oklahoma State
Bureau of Investigation.
C. A monthly report of the recorded incidents of domestic abuse
shall be submitted to the Director of the Oklahoma State Bureau of
Investigation on forms provided by the Oklahoma State Bureau of
Investigation for such purpose and in accordance with the guidelines
established pursuant to Section 150.12B of Title 74 of the Oklahoma
Statutes.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 60.2, as
last amended by Section 1, Chapter 305, O.S.L. 2023 (22 O.S. Supp.
2025, Section 60.2), is amended to read as follows:
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Section 60.2. A. A victim of domestic abuse, a victim of
stalking, a victim of harassment, a victim of rape, any adult or
emancipated minor household member on behalf of any other family or
household member who is a minor or incompetent, any minor age
sixteen (16) or seventeen (17) years, or any adult victim of a crime
may seek relief under the provisions of the Protection from Domestic
Abuse Act.
1. The person seeking relief may file a petition for a
protective order with the district court in the county in which the
victim resides, the county in which the defendant resides, or the
county in which the domestic violence occurred. If the person
seeking relief is not a family or household member or an individual
who is or has been in a dating relationship with the defendant, the
person seeking relief must file a complaint against the defendant
with the proper law enforcement agency before filing a petition for
a protective order with the district court. The person seeking
relief shall provide a copy of the complaint that was filed with the
law enforcement agency at the full hearing if the complaint is not
available from the law enforcement agency. Failure to provide a
copy of the complaint filed with the law enforcement agency shall
constitute a frivolous filing and the court may assess attorney fees
and court costs against the plaintiff pursuant to paragraph 2 of
subsection C of this section. The filing of a petition for a
protective order shall not require jurisdiction or venue of the
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criminal offense if either the plaintiff or defendant resides in the
county. If a petition has been filed in an action for divorce or
separate maintenance and either party to the action files a petition
for a protective order in the same county where the action for
divorce or separate maintenance is filed, the petition for the
protective order may be heard by the court hearing the divorce or
separate maintenance action if:
a. there is no established protective order docket in
such court, or
b. the court finds that, in the interest of judicial
economy, both actions may be heard together; provided,
however, the petition for a protective order,
including, but not limited to, a petition in which
children are named as petitioners, shall remain a
separate action and a separate order shall be entered
in the protective order action. Protective orders may
be dismissed in favor of restraining orders in the
divorce or separate maintenance action if the court
specifically finds, upon hearing, that such dismissal
is in the best interests of the parties and does not
compromise the safety of any petitioner.
If the defendant is a minor child, the petition shall be filed
with the court having jurisdiction over juvenile matters.
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2. When the abuse occurs when the court is not open for
business, such person may request an emergency temporary order of
protection as authorized by Section 40.3 of this title.
B. The petition forms shall be provided by the clerk of the
court. The Administrative Office of the Courts shall develop a
standard form for the petition. The clerk of the district court
shall accept for filing, file-stamp, and docket each petition for a
protective order when presented. A petition shall be filed of
record regardless of disposition, including whether an emergency, ex
parte, interim, or final protective order is granted, denied,
dismissed, or withdrawn. The petition and any attachments submitted
shall be maintained as part of the case record, subject to
confidentiality, redaction, sealing, or expungement as provided by
law.
C. 1. Except as otherwise provided by this section, no filing
fee, service of process fee, attorney fees or any other fee or costs
shall be charged the plaintiff or victim at any time for filing a
petition for a protective order whether a protective order is
granted or not granted. The court may assess court costs, service
of process fees, attorney fees, other fees and filing fees against
the defendant at the hearing on the petition, if a protective order
is granted against the defendant; provided, the court shall have
authority to waive the costs and fees if the court finds that the
party does not have the ability to pay the costs and fees.
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2. If the court makes specific findings that a petition for a
protective order has been filed frivolously and no victim exists,
the court may assess attorney fees and court costs against the
plaintiff.
D. The person seeking relief shall prepare the petition or, at
the request of the plaintiff, the court clerk or the victim-witness
coordinator, victim support person, and court case manager shall
prepare or assist the plaintiff in preparing the petition.
E. The person seeking a protective order may further request
the exclusive care, possession, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner, defendant
or minor child residing in the residence of the petitioner or
defendant. The court may order the defendant to make no contact
with the animal and forbid the defendant from taking, transferring,
encumbering, concealing, molesting, attacking, striking,
threatening, harming, or otherwise disposing of the animal.
F. A court may not require the victim to seek legal sanctions
against the defendant including, but not limited to, divorce,
separation, paternity or criminal proceedings prior to hearing a
petition for protective order.
G. A victim of rape, forcible sodomy, a sex offense,
kidnapping, assault and battery with a deadly weapon, child abuse,
or member of the immediate family of a victim of first-degree
murder, as such terms are defined in Section 40 of this title, may
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petition, or have a petition filed on the victim's behalf if the
victim is a minor, for an emergency temporary order or emergency ex
parte order regardless of any relationship or scenario pursuant to
the provisions of this section. The Administrative Office of the
Courts shall modify the petition forms as necessary to effectuate
the provisions of this subsection.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 60.20, is
amended to read as follows:
Section 60.20. The Administrative Office of the Courts shall
provide annual domestic violence, substance abuse, addiction and
mental health educational training for members of the judiciary, and
each member of the judiciary who hears criminal, juvenile, family,
and domestic cases shall complete no fewer than two (2) hours of
such training every two (2) years. Subject to available funding,
curriculum for training required under this section shall include,
but not be limited to:
1. Dynamics of domestic violence;
2. The impact of domestic violence on victims and their
children including trauma and the neurobiology of trauma;
3. Identifying dominant aggressor;
4. Tactics and behavior of batterers;
5. Victim protection orders and full faith and credit under the
Violence Against Women Act of 1994;
6. Rights of victims; and
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7. Evidence-based practices regarding behavioral health and
treatment of those with substance abuse or mental health needs.
SECTION 4. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY
OVERSIGHT, dated 02/24/2026 - DO PASS, As Amended.