Oklahoma 2024 Regular Session

Oklahoma House Bill HB2371

Introduced
2/6/23  

Caption

Criminal procedure; declaring sentencing options inapplicable unless certain findings of fact are made by the court; effective date.

Impact

The proposal aims to bring about significant changes to how sentencing is handled in Oklahoma, allowing for greater input from juries. The legislation stipulates that certain findings must be established by the court before rejecting a jury’s recommended sentence, aiming to prevent arbitrary overrides of jury decisions. The effective date for these changes is set for November 1, 2023, meaning that the implications of this bill will impact informed sentencing practices shortly after its passage. Legal professionals, especially defense attorneys, are particularly interested in how this could reshape strategies in criminal trials.

Summary

House Bill 2371 focuses on amendments to the criminal procedure laws in Oklahoma, particularly centering on the powers of juries and courts in declaring and executing sentences. This bill modifies Section 926.1 and Section 991a of Title 22 of the Oklahoma Statutes to allow juries the option to recommend sentencing alternatives which the court must consider when declaring punishment. This approach aims to enhance the role of juries in shaping judicial outcomes and potentially leading to more tailored punishment that reflects the nuances of individual cases.

Conclusion

As the legislative session progresses, the debate surrounding HB2371 will likely highlight differing perspectives on the balance between judicial authority and jury input. Stakeholders will continue to monitor how the act impacts sentencing practices, judicial efficiency, and the overarching values upheld by the legal system in Oklahoma.

Contention

Notably, there may be points of contention surrounding the practicality and implications of empowering juries in sentencing and the judicial constraints imposed by this bill. Some may argue that it could lead to inconsistencies in sentencing, while others contend that it enhances fairness by allowing juries to weigh in on punishment, which can reflect community standards better than judicial discretion alone. The law also places significant responsibilities upon courts to validate jury recommendations, which may lead to increased deliberation time and legal complexities in court.

Companion Bills

OK HB2371

Carry Over Criminal procedure; declaring sentencing options inapplicable unless certain findings of fact are made by the court; effective date.

Previously Filed As

OK HB2371

Criminal procedure; declaring sentencing options inapplicable unless certain findings of fact are made by the court; effective date.

OK SB122

Criminal procedure; authorizing court to order certain offender to pay child support. Effective date.

OK HB2345

Criminal procedure; removing polygraph examination requirement for certain offenders; effective date.

OK HB2490

Criminal procedure; district attorneys; extension of supervision; dismissal of charges; effective date.

OK SB856

Child sexual exploitation; modifying certain life without parole sentencing; requiring certain punishments; requiring certain advisement; defining term; modifying certain confinement criteria. Effective date.

OK HB2437

Crimes and punishments; providing sentencing option for certain defendants; effective date.

OK HB1639

Sentencing; creating the Domestic Abuse Survivorship Act; sentencing; presentence investigations; effective date.

OK HB2225

Victim impact panels; expanding scope of definition to include certain business licensees; effective date.

OK HB1777

Court funds; court clerk's revolving fund; deleting fee amount; eliminating reference to District Court Revolving Fund; effective date; emergency.

OK SB68

Sentencing proceedings; modifying eligibility requirements for jury resentencing. Effective date.

Similar Bills

OK HB1095

Criminal procedure; adding sentencing option for the court; establishing requirements; effective date.

OK HB1651

Sentencing; post-imprisonment supervision; effective date.

OK HB1462

Criminal procedure; directing courts to prioritize orders of payments of restitution; effective date.

OK HB1460

Criminal procedure; fees; fines; court; sentencing; revolving fund; effective date.

OK HB3960

Driving under the influence; removing probation exception for felony DUI; applying probation eligibility consistently across all felonies; effective date.

OK HB3497

Criminal procedure; deleting district attorney's supervision fee requirement; effective date.

OK HB2371

Criminal procedure; declaring sentencing options inapplicable unless certain findings of fact are made by the court; effective date.