HB 1002: Stalking; directing law enforcement agencies to provide certain notification to victims of stalking; effective date. - Oklahoma

Proposed Policy Committee Substitute 1 → Floor (House) · 4 edits

MODERATE

The bill was completely rewritten to remove the requirement for law enforcement to serve Stalking Warning Letters and delete the associated statutory form. Instead of mandating service, the new version only requires police to notify victims that they can meet with a domestic violence program representative. Additionally, the requirement to enter stalking warning letters into the national crime database was eliminated.

Scope change

The bill's scope was narrowed by removing the mandate for law enforcement to actively serve warning letters on accused individuals and eliminating the requirement to file these letters in a national database.

REQUIREMENT

Deleted the requirement for law enforcement to serve a Stalking Warning Letter on the accused person.

Deleted the statutory form for Stalking Warning Letters and the requirement to use it.

Removed the mandate to enter Stalking Warning Letters into the National Crime Information Center (NCIC) database.

Changed the police procedure from serving a letter to simply notifying the victim of their right to meet with a domestic violence advocate.

House Committee Substitute → Proposed Policy Committee Substitute 1 · 4 edits

MODERATE

The bill was amended to reverse previous deletions, restoring the requirement that Stalking Warning Letters be entered into the national NCIC database and mandating that law enforcement serve these letters to the accused after an arrest. The amendment also clarifies that declining service of the letter does not prevent future arrests and updates the form to include instructions for victims to meet with domestic violence advocates.

Scope change

The bill's scope was expanded by reinstating the requirement to publish stalking incidents in the national database and clarifying the procedure for serving warning letters post-arrest.

REQUIREMENT

Reinstated the requirement for law enforcement to enter Stalking Warning Letter facts into the National Crime Information Center (NCIC) database.

Added a requirement that the warning letter be served on the accused after their arrest, rather than only before.

ENFORCEMENT

Clarified that the victim's decision to decline service of the warning letter does not bar the arrest of the accused if probable cause exists.

TECHNICAL

Updated the statutory form to include specific instructions for notifying victims about meeting with certified domestic violence program representatives.

Introduced → House Committee Substitute · 5 edits

MODERATE

The bill was amended to simplify stalking procedures by removing requirements to serve warning letters before an arrest can be made and eliminating the mandate to enter these letters into a national database. The version also deletes the requirement for victims to file complaints with law enforcement before seeking protective orders. These changes streamline the legal process, allowing law enforcement to act more quickly based on probable cause without administrative hurdles.

Scope change

The bill's scope was reduced by removing requirements for pre-arrest warning letter service and national database entry, and by eliminating the prerequisite for filing complaints before seeking protective orders.

REQUIREMENT

Removed the requirement that law enforcement must serve a Stalking Warning Letter to the accused before arresting them if there is probable cause.

Deleted the mandate requiring law enforcement to enter Stalking Warning Letters into a national database.

Eliminated the requirement that victims must file a complaint with law enforcement before they can file a petition for a protective order.

Deleted the specific statutory form and procedural steps for serving Stalking Warning Letters.

Added a provision allowing the victim to request that the Stalking Warning Letter not be served upon the accused.

Stalking; directing law enforcement agencies to provide certain notification to victims of stalking; effective date.

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