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ENGROSSED HOUSE
BILL NO. 3905 By: Hefner and Ford of the
House
and
Coleman of the Senate
An Act relating to domestic violence; amending 22
O.S. 2021, Section 60.17, which relates to the
Protection from Domestic Abuse Act; providing
alternative methods of payment for defendants deemed
indigent; requiring use of Global Positioning System
(GPS) monitoring devices by defendants charged with
certain crimes; directing defendants to pay costs for
monitoring devices; providing an exception; providing
for the monitoring of devices and defendants;
requiring payment of supervision fees; providing for
the removal of monitoring devices under certain
circumstances; allowing GPS monitoring orders to run
concurrently with other orders or be terminated upon
order by the court; allowing victims to monitor the
location of defendants; providing limitations on
monitoring capabilities; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 60.17, is
amended to read as follows:
Section 60.17. A. The court shall consider the safety of any
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
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battery, stalked, sexually assaulted, or forcibly sodomized 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 Protection from Domestic
Abuse Act. The court may also issue to the alleged victim 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 shall 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 the protective order. In
conjunction with any protective order or restraining order
authorized by this section, the court may order the defendant to use
an active, real-time, twenty-four-hour Global Positioning System
(GPS) monitoring device for such term as the court deems
appropriate. Upon application of the victim, the court may
authorize the victim to 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-
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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 monitor
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, prior
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 device and
monitoring, unless the court finds the defendant indigent, and in
that event may order an alternative payment fund, county services
fund, or other condition in lieu of payment.
B. 1. In addition to monitoring by the victim pursuant to
subsection A of this section, the court may order any defendant
charged with stalking, violating a victim protective order, domestic
abuse by strangulation, domestic abuse with a dangerous or deadly
weapon, or domestic abuse after a previous adjudication for domestic
abuse to use an active, real-time, twenty-four-hour GPS monitoring
device for such term as the court deems appropriate. The cost of
the GPS monitoring device shall be paid by the defendant at his or
her own expense until the conclusion of the criminal case, unless
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the court finds the defendant indigent, and in that event may order
an alternative payment fund, county services fund, or other
condition in lieu of payment if available.
2. The pretrial release or supervision programs established in
counties with a population over two hundred fifty thousand
(250,000), as determined by the latest Federal Decennial Census,
shall be responsible for monitoring the GPS device and the defendant
until the conclusion of the criminal case. Counties with a
population under two hundred fifty thousand (250,000), as determined
by the latest Federal Decennial Census, that lack an established
pretrial release or supervision program, shall be authorized to
utilize an entity that is deemed capable and that is selected by the
county, if funds are available, for assistance in monitoring the GPS
device and the defendant until the conclusion of the criminal case.
The defendant shall pay a supervision fee to the court clerk as
provided for other persons subject to supervision. At the
conclusion of the criminal case, the court shall order the removal
of the GPS monitoring device if the defendant is acquitted, is to be
incarcerated, the criminal case is dismissed, or as determined by
the court. If the defendant is placed on probation or supervision,
the monitoring order issued by the court may continue under the
sentencing order or may be terminated upon court order.
3. Upon application of the victim, the court may authorize the
victim to monitor the location of the defendant. Monitoring by the
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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 cellular-
generated signal if the defendant comes within a specified distance
of the victim.
SECTION 2. This act shall become effective November 1, 2026.
Passed the House of Representatives the 26th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate