Oklahoma 2022 Regular Session

Oklahoma House Bill HB3024 Compare Versions

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	30	+	April 5, 2022
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3	34		BILL NO. 3024 By: Worthen, Talley, and
4	35		Phillips of the House
5	36
6	37		and
7	38
8	39		Rader of the Senate
9		-
10		-
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15	43		An Act relating to expungements; amending 22 O.S.
16	44		2021, Section 18, which relates to expungement of
17	45		criminal history records; adding an expungement
18	46		category; and providing an effective date.
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23		-	SUBJECT: Expungements
24		-
25	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
26		-
27	52		SECTION 1. AMENDATORY 22 O.S. 2021, Section 18, is
28	53		amended to read as fo llows:
29		-
30	54		Section 18. A. Persons authorized to file a motion for
31	55		expungement, as provi ded herein, must be within one of the following
32	56		categories:
33		-
34	57		1. The person has been ac quitted;
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36	58		2. The conviction was reversed with inst ructions to dismiss by
37	59		an appellate court of competent jurisdiction, or an appellate court
38	60		of competent jurisdiction rev ersed the conviction and the
39	61		prosecuting agency subsequently dismissed the charge;
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41	62		3. The factual innocence of the person was establish ed by the
42	63		use of deoxyribonucleic a cid (DNA) evidence subsequent to
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43	91		conviction, including a person who has been released from prison at
44	92		the time innocence was established;
45		-	ENR. H. B. NO. 3024 Page 2
46	93		4. The person has received a full pardon by the Governor for
47	94		the crime for which th e person was sentenced;
48		-
49	95		5. The person was arrested and no charges of any type,
50	96		including charges for an offense differe nt than that for which the
51	97		person was originally arrested, are filed and the statute o f
52	98		limitations has expired or the prosecuting agenc y has declined to
53	99		file charges;
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55	100		6. The person was under eighteen (18) years of age at the time
56	101		the offense was committe d and the person has received a fu ll pardon
57	102		for the offense;
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59	103		7. The person was charge d with one or more misdemeanor or
60	104		felony crimes, all charges have been dismissed, the person has never
61	105		been convicted of a felony, no misdemeanor or felony charges are
62	106		pending against the person and the s tatute of limitations for
63	107		refiling the charge or cha rges has expired or the prosecuting agency
64	108		confirms that the charge or charges will n ot be refiled; provided,
65	109		however, this category shall not apply to charges that have been
66	110		dismissed following the compl etion of a deferred judgment or delayed
67	111		sentence;
68		-
69	112		8. The person was charged with a misdemeanor, the c harge was
70	113		dismissed following the s uccessful completion of a deferred judgment
71	114		or delayed sentence, the person has never been convicted of a
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72	142		felony, no misdemeanor or felony charges are pending against the
73	143		person and at least one (1) year has passed since the charge was
74	144		dismissed;
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76	145		9. The person was charged with a nonviolent felony offense not
77	146		listed in Section 571 of Title 57 of the Oklahoma Statutes, the
78	147		charge was dismissed following the successful comple tion of a
79	148		deferred judgment or delayed sentence, t he person has never been
80	149		convicted of a felony, no misdemeanor or felony charges are pending
81	150		against the person and at l east five (5) years have passed si nce the
82	151		charge was dismissed;
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84	152		10. The person was co nvicted of a misdemeanor offense, the
85	153		person was sentenced to a fine of less than Fiv e Hundred One Dollars
86	154		($501.00) without a term of imprisonment or a suspended sentenc e,
87	155		the fine has been paid or satis fied by time served in lieu of the
88	156		fine, the person has not been convicted of a felony and no felony o r
89	157		misdemeanor charges are pending a gainst the person;
90		-	ENR. H. B. NO. 3024 Page 3
91	158		11. The person was convicted of a misdemeanor offense, the
92	159		person was sentenced to a term of impris onment, a suspended sentence
93	160		or a fine in an amount greater than Five Hundred Dollars ($500.00),
94	161		the person has not been convicted of a f elony, no felony or
95	162		misdemeanor charges are pending against the person and at least f ive
96	163		(5) years have passed since th e end of the last misdemeanor
97	164		sentence;
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99	192		12. The person was convicted of a nonviolent felony offense n ot
100	193		listed in Section 571 of Title 5 7 of the Oklahoma Statutes, the
101	194		person has not been convicted of any other felony, th e person has
102	195		not been convicted of a separate misdemeanor in the last seven (7)
103	196		years, no felony or misdemeanor charges are pending agai nst the
104	197		person and at least five (5 ) years have passed since the completion
105	198		of the sentence for the felony conviction;
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107	199		13. The person was convicted of not more than two felony
108	200		offenses, none of which is a felony offense listed in Section 13.1
109	201		of Title 21 of the Oklahoma Statutes or any offense that would
110	202		require the person to register pursuant to the provisions of the Sex
111	203		Offenders Registration Act, no fel ony or misdemeanor charges ar e
112	204		pending against the person, and at least ten (10) years have passed
113	205		since the completion of the sent ence for the felony conviction;
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115	206		14. The person was charged with not more than two felony
116	207		offenses and the charges were dismissed following the successful
117	208		completion of a deferred judgment or delayed sentence, none of which
118	209		were felony offenses listed in Section 13.1 of Title 21 of the
119	210		Oklahoma Statutes or would require the person to register pursuant
120	211		to the provisions of the Se x Offenders Registration Act, no felony
121	212		or misdemeanor charges are pending against the person , and at least
122	213		ten (10) years have passed si nce the charges were dismissed;
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124	214		15. The person has been charged or arrested or is the subject
125	215		of an arrest warrant fo r a crime that was comm itted by another
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126	243		person who has appropriated or used the person's name or other
127	244		identification without the person 's consent or authorization; or
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129	245		15. 16. The person was convicted of a nonviolent felony offense
130	246		not listed in Section 5 71 of Title 57 of the Oklah oma Statutes which
131	247		was subsequently reclassified as a misdemeanor under Oklahoma law,
132	248		the person is not current ly serving a sentence for a crime in this
133	249		state or another state, at least thirty (30) days have passed since
134	250		the completion or commutation of th e sentence for the crime that was
135		-	reclassified as a misdemeanor, any restitution order ed by the court ~~ENR. H. B. NO. 3024 Page 4~~
	251	+	reclassified as a misdemeanor, any restitution order ed by the court
136	252		to be paid by the person has been satisfied in full, and any
137	253		treatment program ordered by the court has been successfully
138	254		completed by the person, includi ng any person who failed a treatment
139	255		program which resulted in an accelerated or revok ed sentence that
140	256		has since been successfully completed by the person or the person
141	257		can show successful completion of a treatment program at a l ater
142	258		date. Persons seeking an expungement of records under the
143	259		provisions of this paragraph may utilize the expu ngement forms
144	260		provided in Section 2 18a of this act title.
145		-
146	261		B. For purposes of Section 18 et seq. of this title,
147	262		"expungement" shall mean the sealing of criminal records, as well as
148	263		any public civil record, involving actions brought by and against
149	264		the State of Oklahoma arising from the same arrest, transaction or
150	265		occurrence.
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152	293		C. For purposes of seeking an expungement under the provisions
153	294		of paragraph 10, 11, 12 or 13 of su bsection A of this section,
154	295		offenses arising out of the same transaction or occurrence shall be
155	296		treated as one conviction and offense.
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157	297		D. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11, 12,
158	298		13, 14 and, 15 and 16 of subsection A of this section shall be
159	299		sealed to the public but not to law enforcement agencies for law
160	300		enforcement purposes. Records e xpunged pursuant to paragraphs 8, 9,
161	301		10, 11, 12 and, 13 and 14 of subsection A of this section shall be
162	302		admissible in any sub sequent criminal prosecution to prove the
163	303		existence of a prior conviction or prior deferred judgment without
164	304		the necessity of a court orde r requesting the unsealing of the
165	305		records. Records expunged pursuant to paragraph 4 , or 6, 12 or 13
166	306		of subsection A of this section may also include the sealing of
167	307		Pardon and Parole Board records related to an application for a
168	308		pardon. Such records shall be sealed to the public but not to the
169	309		Pardon and Parole Board.
170		-
171	310		SECTION 2. This act shall become eff ective November 1, 2022.
172		-	ENR. H. B. NO. 3024 Page 5
173		-	Passed the House of Representatives the 8th day of March, 2022.
174		-
175		-
176		-
177		-
178		-	Presiding Officer of the House
179		-	of Representatives
180		-
181		-
182		-	Passed the Senate the 20th day of April, 2022.
183		-
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187		-	Presiding Officer of the Senate
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191		-	OFFICE OF THE GOVERNOR
192		-	Received by the Office of the Governor this ____________________
193		-	day of ___________________, 20_______, at _______ o'clock _______ M.
194		-	By: _________________________________
195		-	Approved by the Governor of the State of Oklahoma this _____ ____
196		-	day of ___________________, 20_______, at _______ o'clock _______ M.
197		-
198		-
199		-	_________________________________
200		-	Governor of the State of Oklahoma
201		-
202		-	OFFICE OF THE SECRETARY OF STATE
203		-	Received by the Office of the Secretary of State this __________
204		-	day of ___________________, 20_______, at _______ o'clock _______ M.
205		-	By: _________________________________
206		-
	311	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	312	+	April 5, 2022 - DO PASS