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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3305 By: Humphrey
AS INTRODUCED
An Act relating to prisons and reformatories;
directing the Pardon and Parole Board to establish
Conviction Integrity Review Unit; stating purpose of
Review Unit; providing for the employment of an
attorney and investigator; stating qualifications;
authorizing inmates to submit certain petitions;
specifying requirements for reviewing convictions;
authorizing Review Unit to initiate certain
investigations; directing the Review Unit to present
its findings and recommendations to the Pardon and
Parole Board; directing the Review Unit to provide
copies of its report to certain agencies and persons;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 371 of Title 57, unless there is
created a duplication in numbering, reads as follows:
A. The Pardon and Parole Board is hereby authorized to
establish a Conviction Integrity Review Unit for the purpose of
reviewing convictions of those inm ates who have received death
sentences.
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B. The Pardon and Parole Board shall employ and fix the duties
and compensation of an attorney, who shall be licensed to practice
law in this state and who shall have experience in criminal cases.
The Pardon and Parole Board shall also employ and fix the duties a nd
compensation of an investigator, who shall be certified by the
Council on Law Enforcement Education and Training. The attorney and
investigator hired by the Board shall not be a current employee of
the Office of the Attorney General or the office of an y district
attorney in this state.
C. Any inmate who has received a sentence of death in this
state shall be authorized to submit a petition to the Conviction
Integrity Review Unit requesting the review of his or her
conviction. The Pardon and Parole Boa rd shall determine the manner
and form of the petition .
D. The Conviction Integrity Review Unit shall be authorized to
review any capital murder conviction that occurred within this state
under the following circumstances:
1. The inmate received a sentence of death;
2. The inmate has presented in his or her petition for review a
plausible claim of actual innocence of the crime which is:
a. supported by information or evidence not pre viously
presented, and
b. capable of being invest igated and resolved; and
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3. The direct appeal of the inmate has become final, a mandate
has been issued, and there is no pending litigation relating to the
conviction.
E. The Conviction Integrity Review Uni t shall also be
authorized to initiate an investi gation to determine whether an
inmate was convicted of an offense that he or she did not commit.
F. Once an investigation has been completed by the Conviction
Integrity Review Unit, the Unit shall present a report with its
findings and recommendations to the Pardon and Parole Board. Copies
of the report shall also be delivered to the Attorney General, the
office of the district attorney who prosecuted the criminal case,
the attorney who represented the inmate in the cri minal case, and
the inmate.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8745 GRS 12/21/21