THE OKLAHOMA BAR JOURNAL 22 | FEBRUARY 2026 Criminal Law Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Admissible at What Cost? Senate Bill 607 and Its Constitutional Concerns By Virginia D. Henson, Margaret A. East and Mahak H. Merchant Facially, S.B. 607 makes it easier for the prosecution to admit a victim’s statements alleging domestic abuse. Yet, by making such statements automatically admissible in certain stages of the prosecution, S.B. 607 walks a constitutional tightrope with a razor-thin margin for error. Specifically, S.B. 607 runs afoul of the Sixth Amendment’s confrontation clause, undermines due process, blurs the burden for proving domestic abuse and lacks recourse for the defendant, especially when protective orders are used in family and domestic matters for any purpose other than their intended purpose. UNDERSTANDING S.B. 607 S.B. 607 was authored by Sen. Brent Howard and introduced in the Oklahoma Senate on Jan. 14, 2025. Throughout the legislative session, S.B. 607 underwent the Oklahoma Constitution’s promulgation process. On May 8, 2025, S.B. 607 was sent to Gov. Kevin Stitt. Just one week later, the bill became law without the governor’s signature.3 S.B. 607 reads: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2803.3 of Title 12, unless there is created a duplication in numbering, reads as follows: A statement that purports to narrate, describe, report, or explain an incident or incidents of domestic abuse as defined in Section 60.1 of Title 22 of the Oklahoma Statutes: 1. Made by the victim of domestic abuse to a law enforcement officer within one (1) week of the incident; 2. On an application for a protective order by the victim of domestic abuse within one (1) week of the incident; or 3. Given as testimony of the victim of domestic abuse made at a hearing on application for a protective order, IN MAY 2025, THE OKLAHOMA LEGISLATURE QUIETLY ENACTED SENATE BILL 607 (S.B. 607), to be codified at 12 O.S. §2803.3, in response to the state’s record-breaking domestic violence homicide rates and at the Oklahoma Domestic Violence Fatality Review Board’s recommendation.1 S.B. 607 mandates the admissibility of certain victim statements made shortly after an incident of domestic abuse, including statements made to law enforcement officers, statements made on an application for a protective order and testimony made at a hearing on an application for a protective order.2
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