Oklahoma 2022 Regular Session

Oklahoma House Bill HB1551 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB1551 HFLR Page 1
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	3	+	Req. No. 5447 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
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33	30		1st Session of the 58th Legislature (2021)
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35		-	COMMITTEE SUBSTITUTE
36		-	FOR
37		-	HOUSE BILL NO. 1551 By: McDugle of the House
38		-
39		-	and
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41		-	Jett of the Senate
	32	+	HOUSE BILL 1551 By: McCall
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47		-	~~COMMITTEE SUBSTITUTE~~
	38	+	AS INTRODUCED
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49	40		An Act relating to prisons and reformatories ;
50		-	directing the Pardon and Parole Board to establish a
51		-	Conviction Integrity Review Unit; stating purpose of
52		-	the Unit; providing for the employment of an attorney
53		-	and investigator; stating qualifications; authorizing
54		-	inmates to submit petitions to review their
55		-	convictions; specifying requirements for reviewing
56		-	convictions; authorizing the Unit to initiate certain
57		-	investigations; directing the Unit to present its
58		-	findings and recommendations to the Pardon and Parole
59		-	Board; directing the U nit to provide copies of its
60		-	report to certain agencies and persons; providing for
61		-	codification; and providing an effective date.
62		-
	41	+	creating the Oklahoma Prisons and Reformatories Act
	42	+	of 2021; providing for noncodification; and providing
	43	+	an effective date.
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67	48		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
68		-	SECTION 1. NEW LAW A new section of law to be codified
69		-	in the Oklahoma Statutes as Section 371 of Title 57, unless there is
70		-	created a duplication in numbering, reads as follows:
71		-
72		-	HB1551 HFLR Page 2
73		-	BOLD FACE denotes Committee Amendments. 1
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98		-	A. The Pardon and Parole Board is hereby authorized to
99		-	establish a Conviction Integrity Review Unit for purposes of
100		-	reviewing convictions of those inmates who have received death
101		-	sentences.
102		-	B. The Pardon and Parole Board shall employ and fix the duties
103		-	and compensation of an attorney, who shall be licensed to practice
104		-	law in this state and who shall have experience in crim inal cases.
105		-	The Pardon and Parole Board shall also employ and fix the duties and
106		-	compensation of an investigator, who shall be certified by the
107		-	Council on Law Enforcement Education and Training. The attorney and
108		-	investigator hired by the Board shall not be a current employee of
109		-	the Office of the Attorney General or the office of any district
110		-	attorney in this state.
111		-	C. Any inmate who has received a sentence of death in this
112		-	state shall be authorized to submit a petition to the Conviction
113		-	Integrity Review Unit requesting the review of his or her
114		-	conviction. The Pardon and Parole Board shall determine the manner
115		-	and form of the petition requesting review.
116		-	D. The Conviction Integrity Review Unit shall be authorized to
117		-	review any capital murder conviction th at occurred within this state
118		-	under the following circumstances:
119		-	1. The inmate received a sentence of death; and
120		-	2. The inmate has presented in his or her petition for review,
121		-	a plausible claim of actual innocence of the crime which is:
122		-
123		-	HB1551 HFLR Page 3
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149		-	a. supported by information or evidence not previously
150		-	presented, and
151		-	b. capable of being investigated and resolved; and
152		-	3. The direct appeal of the inmate has become final, a mandate
153		-	has been issued and there is no pending litigation relating to the
154		-	conviction.
155		-	E. The Conviction Integrity Review Unit shall also be
156		-	authorized to initiate an investigation to determine whether an
157		-	inmate was convicted of an offense that he or she did not commit.
158		-	F. Once an investigation has been completed by the Conviction
159		-	Integrity Review Unit, the Unit shall present its findings and
160		-	recommendations to the Pardon and Parole Board. Copies of the
161		-	report shall also be delivered to the Attorney General, the office
162		-	of the district attorney that prosecuted the criminal case, the
163		-	attorney who represented the inmate in the criminal case and the
164		-	inmate.
	49	+	SECTION 1. NEW LAW A new section of law not to be
	50	+	codified in the Oklahoma Statutes reads as follows:
	51	+	This act shall be known and may be cited as the "Oklahoma
	52	+	Prisons and Reformatories Act of 2021".
165	53		SECTION 2. This act shall become effective November 1, 2021.
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167		-	COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
168		-	dated 03/01/2021 - DO PASS, As Amended and Coauthore d.
	55	+	58-1-5447 GRS 01/07/21