Oklahoma 2022 Regular Session

Oklahoma House Bill HB2505 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2505 HFLR Page 1
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	3	+	Req. No. 5010 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)
34	31
35		-	HOUSE BILL 2505 By: Kannady of the House
36		-
37		-	and
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39		-	Weaver of the Senate
	32	+	HOUSE BILL 2505 By: Kannady
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45	38		AS INTRODUCED
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47	40		An Act relating to criminal procedure; directing
48	41		courts to conduct evidentiary hearing for certain
49	42		criminal matters; placing burden of p roof upon the
50	43		state; stating time limitation for conducting
51	44		evidentiary hearing; providing for dismissal of the
52	45		case under certain circumstances; providing for
53	46		codification; and providing an effective date .
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59	52		BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
60	53		SECTION 1. NEW LAW A new section of law to be codified
61	54		in the Oklahoma Statutes as Section 212 of Title 22, unless there is
62	55		created a duplication in numbering, reads as follows:
63	56		Following the return and filing of an indictment or an
64	57		information where the named defendant is a law enforcement officer
65	58		accused of murder in the first or second degree or manslaughter in
66	59		the first or second degree , and prior to a preliminary hearing
67	60		conference or preliminary hearing in the matter, the court shall
	61	+	conduct an evidentiary hearing to determine whether the trial of the
	62	+	offense shall proceed. At the hearing, the burden shall be upon the
	63	+	state to prove by a preponderance of the evidence that the law
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69		-	HB2505 HFLR Page 2
70		-	BOLD FACE denotes Committee Amendments. 1
	65	+	Req. No. 5010 Page 2 1
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95		-	conduct an evidentiary hearing to determine whether the trial of the
96		-	offense shall proceed. At the hearing, the burden shall be upon the
97		-	state to prove by a preponderance of the evidence that the law
98	90		enforcement officer was neither acting in self-defense or in the
99	91		defense of others at the time of the alleged offense . The
100	92		evidentiary hearing shall be scheduled within sixty (60) days after
101	93		the return and filing of the indictment or information. If, after
102	94		hearing the evidence and arg uments submitted, the court finds that
103	95		the state has failed to meet its burden, the court shall dismiss the
104	96		case.
105	97		SECTION 2. This act shall become effective November 1, 2021.
106	98
107		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
108		-	02/17/2021 - DO PASS, As Coauthored.
	99	+	58-1-5010 GRS 01/16/21