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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2505 By: Kannady
AS INTRODUCED
An Act relating to criminal procedure; directing
courts to conduct evidentiary hearing for certain
criminal matters; placing burden of p roof upon the
state; stating time limitation for conducting
evidentiary hearing; providing for dismissal of the
case under certain circumstances; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 212 of Title 22, unless there is
created a duplication in numbering, reads as follows:
Following the return and filing of an indictment or an
information where the named defendant is a law enforcement officer
accused of murder in the first or second degree or manslaughter in
the first or second degree , and prior to a preliminary hearing
conference or preliminary hearing in the matter, the court shall
conduct an evidentiary hearing to determine whether the trial of the
offense shall proceed. At the hearing, the burden shall be upon the
state to prove by a preponderance of the evidence that the law
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enforcement officer was neither acting in self-defense or in the
defense of others at the time of the alleged offense . The
evidentiary hearing shall be scheduled within sixty (60) days after
the return and filing of the indictment or information. If, after
hearing the evidence and arg uments submitted, the court finds that
the state has failed to meet its burden, the court shall dismiss the
case.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5010 GRS 01/16/21