Oklahoma 2022 Regular Session

Oklahoma House Bill HB3305 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	Req. No. 8745 Page 1 1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27
28	28	STATE OF OKLAHOMA
29	29
30	30	2nd Session of the 58th Legislature (2022)
31	31
32	32	HOUSE BILL 3305 By: Humphrey
33	33
34	34
35	35
36	36
37	37
38	38	AS INTRODUCED
39	39
40	40	An Act relating to prisons and reformatories;
41	41	directing the Pardon and Parole Board to establish
42	42	Conviction Integrity Review Unit; stating purpose of
43	43	Review Unit; providing for the employment of an
44	44	attorney and investigator; stating qualifications;
45	45	authorizing inmates to submit certain petitions;
46	46	specifying requirements for reviewing convictions;
47	47	authorizing Review Unit to initiate certain
48	48	investigations; directing the Review Unit to present
49	49	its findings and recommendations to the Pardon and
50	50	Parole Board; directing the Review Unit to provide
51	51	copies of its report to certain agencies and persons;
52	52	providing for codification; and providing an
53	53	effective date.
54	54
55	55
56	56
57	57
58	58
59	59
60	60	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
61	61	SECTION 1. NEW LAW A new section of law to be codified
62	62	in the Oklahoma Statutes as Section 371 of Title 57, unless there is
63	63	created a duplication in numbering, reads as follows:
64	64	A. The Pardon and Parole Board is hereby authorized to
65	65	establish a Conviction Integrity Review Unit for the purpose of
66	66	reviewing convictions of those inm ates who have received death
67	67	sentences.
68	68
69	69	Req. No. 8745 Page 2 1
70	70	2
71	71	3
72	72	4
73	73	5
74	74	6
75	75	7
76	76	8
77	77	9
78	78	10
79	79	11
80	80	12
81	81	13
82	82	14
83	83	15
84	84	16
85	85	17
86	86	18
87	87	19
88	88	20
89	89	21
90	90	22
91	91	23
92	92	24
93	93
94	94	B. The Pardon and Parole Board shall employ and fix the duties
95	95	and compensation of an attorney, who shall be licensed to practice
96	96	law in this state and who shall have experience in criminal cases.
97	97	The Pardon and Parole Board shall also employ and fix the duties a nd
98	98	compensation of an investigator, who shall be certified by the
99	99	Council on Law Enforcement Education and Training. The attorney and
100	100	investigator hired by the Board shall not be a current employee of
101	101	the Office of the Attorney General or the office of an y district
102	102	attorney in this state.
103	103	C. Any inmate who has received a sentence of death in this
104	104	state shall be authorized to submit a petition to the Conviction
105	105	Integrity Review Unit requesting the review of his or her
106	106	conviction. The Pardon and Parole Boa rd shall determine the manner
107	107	and form of the petition .
108	108	D. The Conviction Integrity Review Unit shall be authorized to
109	109	review any capital murder conviction that occurred within this state
110	110	under the following circumstances:
111	111	1. The inmate received a sentence of death;
112	112	2. The inmate has presented in his or her petition for review a
113	113	plausible claim of actual innocence of the crime which is:
114	114	a. supported by information or evidence not pre viously
115	115	presented, and
116	116	b. capable of being invest igated and resolved; and
117	117
118	118	Req. No. 8745 Page 3 1
119	119	2
120	120	3
121	121	4
122	122	5
123	123	6
124	124	7
125	125	8
126	126	9
127	127	10
128	128	11
129	129	12
130	130	13
131	131	14
132	132	15
133	133	16
134	134	17
135	135	18
136	136	19
137	137	20
138	138	21
139	139	22
140	140	23
141	141	24
142	142
143	143	3. The direct appeal of the inmate has become final, a mandate
144	144	has been issued, and there is no pending litigation relating to the
145	145	conviction.
146	146	E. The Conviction Integrity Review Uni t shall also be
147	147	authorized to initiate an investi gation to determine whether an
148	148	inmate was convicted of an offense that he or she did not commit.
149	149	F. Once an investigation has been completed by the Conviction
150	150	Integrity Review Unit, the Unit shall present a report with its
151	151	findings and recommendations to the Pardon and Parole Board. Copies
152	152	of the report shall also be delivered to the Attorney General, the
153	153	office of the district attorney who prosecuted the criminal case,
154	154	the attorney who represented the inmate in the cri minal case, and
155	155	the inmate.
156	156	SECTION 2. This act shall become effective November 1, 2022.
157	157
158	158	58-2-8745 GRS 12/21/21