STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2970	By:	Coody

AS INTRODUCED

An Act relating to criminal procedure; amending 22 O.S. 2011, Section 60.17, which relates to the Protection from Domestic Abuse Act; providing for the relinquishment of firearms and ammunition upon certain finding by the court; providing procedures for retrieving and inventorying firearms and ammunition; requiring annual review of court order; authorizing assistance by municipal police departments when retrieving firearms and ammunition; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     22 O.S. 2011, Section 60.17, is amended to read as follows:
Section 60.17  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 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 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:
1.  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- 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; or
2.  The defendant to relinquish all firearms and ammunition owned or under his or her control to the county sheriff or designee for safekeeping during such term as the court deems appropriate.  Before the court orders relinquishment of the firearms and ammunition of the defendant, 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, 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 storage and safekeeping of the firearms and ammunition of the defendant by the county sheriff or designee.  To ensure compliance with the order of the court, the court shall authorize the county sheriff or designee to accompany the defendant to his or her place of residence, business, vehicle and any other place the court finds appropriate to conduct an inventory and retrieval of firearms and ammunition owned or under the control of the defendant.  The court shall conduct an annual review of the order to relinquish firearms and ammunition to determine if such order is still necessary.  Municipal police departments are authorized to assist the county sheriff with the retrieval, inventory and safekeeping of firearms and ammunition within the jurisdictional limits of the municipality.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-8700	GRS	01/02/14