Oklahoma 2022 Regular Session

Oklahoma House Bill HB3383

Introduced
2/7/22  
Refer
2/8/22  
Report Pass
3/3/22  
Engrossed
3/23/22  
Refer
3/29/22  
Report Pass
4/12/22  
Enrolled
4/28/22  

Caption

Criminal procedure; establishing time limitation for filing original or subsequent applications for post-conviction relief; effective date.

Impact

The amendments brought about by HB 3383 are set to affect future applications for post-conviction relief significantly. By enforcing strict time limitations, the bill aims to prevent the backlog of cases related to post-conviction relief that can overwhelm the judicial system. Supporters argue that this will streamline the appeals process, reducing wait times for those seeking resolutions to their appeals while preserving constitutional rights. However, it may also limit the opportunities for individuals who might discover new evidence or facts after the stipulated timeframe to appeal their convictions, raising concerns about justice and fairness.

Summary

House Bill 3383 focuses on amending the Post-Conviction Procedure Act in Oklahoma. The bill establishes a one-year limitation period for filing any application for post-conviction relief and specifies that claims challenging a trial court's jurisdiction must be included in the original or amended applications. This streamlining is expected to enhance the efficiency of the legal process related to post-conviction applications and reduce the number of frivolous claims being presented to courts.

Sentiment

The sentiment surrounding HB 3383 appears to be mixed among the members of the legislature and the broader community, with strong opinions on both sides. Proponents view the bill as a necessary reform to mitigate judicial inefficiencies and uphold public safety by processing credible claims without unnecessary delays. Conversely, opponents express concerns that such limitations might infringe on the rights of defendants, particularly those who may genuinely require redress after uncovering new evidence of their innocence or procedural errors.

Contention

Notable points of contention include the potential impact on individuals who may want to challenge their convictions after the one-year limitation period has passed. Critics argue that this could lead to wrongful convictions remaining unchallenged, potentially locking individuals into unjust sentences without the possibility of re-examination of their cases. Further, the restrictions on what can be raised during post-conviction applications are viewed by some as a curtailment of legal rights, underscoring the ongoing debate about balancing judicial efficiency with the need for access to justice.

Companion Bills

No companion bills found.

Previously Filed As

OK HB3638

Criminal procedure; creating the Oklahoma Criminal Procedure Act of 2024; effective date.

OK SB2228

Conviction; clarify subsequent offense for certain crimes and post-conviction relief.

OK HB3909

Criminal procedure; removing certain limitation for modifying sentences; effective date.

OK HB1071

Criminal procedure; providing automatic expungements for certain misdemeanor convictions; effective date

OK HB3729

Criminal procedure; providing automatic expungements for certain misdemeanor convictions; effective date.

OK SB819

Administrative Procedures Act; establishing procedures for certain review. Effective date.

OK HB3546

Criminal procedure; court costs; court orders; financial obligations; warrants; procedures; effective date.

OK HB2219

Criminal procedure; providing for the disclosure of additional evidence after conviction or guilty plea; effective date.

OK HB239

Provides for the assessment of filing fees for second or subsequent applications for post conviction relief (OR INCREASE LF RV See Note)

OK HB2733

Criminal procedure; providing time limitation for bail hearings; effective date.

Similar Bills

OK HB3638

Criminal procedure; creating the Oklahoma Criminal Procedure Act of 2024; effective date.

OK HB3637

Criminal procedure; creating the Oklahoma Criminal Procedure Act of 2024; effective date.

OK HB2149

Crimes and punishments; creating the Oklahoma Equal Justice Act of 2023; effective date.

OK HB2149

Crimes and punishments; creating the Oklahoma Equal Justice Act of 2023; effective date.

OK HB3546

Criminal procedure; court costs; court orders; financial obligations; warrants; procedures; effective date.

OK HB2508

State military forces; modifying various provisions of the Oklahoma Uniform Code of Military Justice and other statutes related to state military forces; emergency.

OK HB3031

Revenue and taxation; motor fuel tax; Oklahoma ambulance districts; effective date.

OK HB3154

Revenue and taxation; motor fuel tax; Oklahoma ambulance districts; effective date.