Oklahoma 2022 Regular Session

Oklahoma House Bill HB3383 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 3383 By: Osburn of the House
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	33	+	ENGROSSED HOUSE
	34	+	BILL NO. 3383 By: Moore of the House
4	35
5	36		and
6	37
7	38		Daniels of the Senate
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14	43		An Act relating to criminal procedure; amending 22
15	44		O.S. 2021, Section 1080 , which relates to the Post-
16	45		Conviction Procedure Act; requiring persons filing
17	46		writs of habeas corpus to utilize procedures provided
18	47		in the Post-Conviction Procedure Act; establishing
19	48		time limitation for filing original or subs equent
20	49		application for post-conviction relief; providing
21	50		guidelines for determining limitation periods; making
22	51		application and time limitation provisions applicable
23	52		to post-conviction applications filed on or after
24	53		certain effective date; amending 22 O.S. 2021,
25	54		Sections 1086 and 1089, which re late to the Post-
26	55		Conviction Procedure Act; requiring claims
27	56		challenging a trial court's jurisdiction to be raised
28	57		in the original, supplemental or amended application
29	58		for post-conviction relief; clarifying manner in
30	59		which the Court of Criminal Appeals may consider the
31	60		merits of or grant relief based on an application;
32	61		providing for codification; and providing an
33	62		effective date.
34	63
35	64
36	65
37		-	SUBJECT: Criminal procedure
38	66
39	67		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
40		-
41	68		SECTION 1. AMENDATORY 22 O.S. 2021, Sect ion 1080, is
42	69		amended to read as follows:
43		-
44	70		Section 1080. Any person who has been convicted of, or
45	71		sentenced for, a crime and who claims:
46		-	ENR. H. B. NO. 3383 Page 2
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47	99		(a) that 1. That the conviction or the sentence was in
48	100		violation of the Constitution of the Unite d States or the
49	101		Constitution or laws of this state;
50		-
51	102		(b) that 2. That the court was without jurisdiction to im pose
52	103		sentence;
53		-
54	104		(c) that 3. That the sentence exceeds the maximum authorized by
55	105		law;
56		-
57	106		(d) that 4. That there exists evidence of material facts, not
58	107		previously presented and heard, that requires vacation of the
59	108		conviction or sentence in the interest o f justice;
60		-
61	109		(e) that his 5. That the sentence has expired, his the
62	110		suspended sentence, probation, p arole, or conditiona l release
63	111		unlawfully revoked, or he or she is otherwise unlawfully held in
64	112		custody or other restraint; or
65		-
66	113		(f) that 6. That the conviction or sentence is otherwise
67	114		subject to collateral attack upon an y ground of alleged error
68	115		heretofore available under any common law, statutory or other writ,
69	116		motion, petition, proceeding or remedy;,
70		-
71	117		may institute a proceeding under this act the Post-Conviction
72	118		Procedure Act in the court in which the judgment and senten ce on
73	119		conviction was imposed to secure the appropriate r elief. Excluding
74	120		a timely appeal, this act the Post-Conviction Procedure Act
75	121		encompasses and replaces all common law and statutory methods of
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76	149		challenging a conviction or sentence including, but not l imited to,
77	150		writs of habeas corpus .
78		-
79	151		SECTION 2. NEW LAW A new section of law to be codif ied
80	152		in the Oklahoma Statutes as Section 1080.1 of Title 22, unless there
81	153		is created a duplication in numbering, reads as follows:
82		-
83	154		A. A one-year period of limitation shall apply to the filing of
84	155		any application for post-conviction relief, whether an original
85	156		application or a subsequent application. The limitation period
86	157		shall run from the latest of:
87		-
88	158		1. The date on which the judgment of conviction or revocation
89	159		of suspended sentence became final by the conclusion of direct
90		-	review by the Oklahoma Court of C riminal Appeals or the expiration ~~ENR. H. B. NO. 3383 Page 3~~
	160	+	review by the Oklahoma Court of C riminal Appeals or the expiration
91	161		of the time for seeking such review by the Oklahoma Court of
92	162		Criminal Appeals;
93		-
94	163		2. The date on which the Governor revoked parole or conditional
95	164		release, if the petitioner is challenging the lawfulness of said
96	165		revocation;
97		-
98	166		3. The date on which any impediment to filing an application
99	167		created by a state actor in violation of the Constitution of the
100	168		United States or the Constitution of the State of Oklahoma, or laws
101	169		of the State of Oklahoma, is removed, if the petitioner was
102	170		prevented from filing by such action;
103		-
104	171		4. The date on which the constitutional r ight asserted was
105	172		initially recognized by the United States Supreme Court, if the
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106	200		right has been newly reco gnized by the United States Supreme Court
107	201		and made retroactively applic able to cases on collateral review; or
108		-
109	202		5. The date on which the factual predi cate of the claim or
110	203		claims presented could have b een discovered through the exercise of
111	204		due diligence.
112		-
113	205		B. Subject to the exceptions provided for in this section, this
114	206		limitation period shall apply irrespective of the nature of the
115	207		claims raised in the application and shall include juris dictional
116	208		claims that the trial court lacked subject-matter jurisdiction.
117		-
118	209		C. The provisions of this section shall apply to any post-
119	210		conviction application filed on or after the effective date of this
120	211		act.
121		-
122	212		SECTION 3. AMENDATORY 22 O.S. 2021, Section 1086, is
123	213		amended to read as follows:
124		-
125	214		Section 1086. All grounds for relief available to an applicant
126	215		under this act the Post-Conviction Procedure Act, including claims
127	216		challenging the jurisdiction of the trial court, must be raised in
128	217		his or her original, supplemental or amended application. Any
129	218		ground finally adjudicated or not so raised, or knowingly,
130	219		voluntarily and intelligently waived in the proceeding that resulted
131	220		in the conviction or sentence or in any other proceeding the
132	221		applicant has taken to secure reli ef may not be the basis for a
133	222		subsequent application, unless the court finds a ground for relief
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134	250		asserted which for sufficient reason was not asserted or was
135		-	inadequately raised in the prior applicati on. ENR. H. B. NO. 3383 Page 4
136		-
	251	+	inadequately raised in the prior applicati on.
137	252		SECTION 4. AMENDATORY 22 O.S. 2021, Section 1089, is
138	253		amended to read as follows:
139		-
140	254		Section 1089. A. The application for post-conviction relief of
141	255		a defendant who is under the sentence of death in one or more counts
142	256		and whose death sentence has been affirmed or is being reviewe d by
143	257		the Court of Criminal Appeals in accordance with the provisions of
144	258		Section 701.13 of Title 21 of the Oklahoma S tatutes shall be
145	259		expedited as provided in this section. The provisions of this
146	260		section also apply to noncapital sentences in a case in whic h the
147	261		defendant has received one or more sentence s of death.
148		-
149	262		B. The Oklahoma Indigent Defense System shall represen t all
150	263		indigent defendants in capital cases seeking post-conviction relief
151	264		upon appointment by the appropriate district court after a hearing
152	265		determining the indigency of any such defendant. When the Oklahoma
153	266		Indigent Defense System or another attorney has been appointed to
154	267		represent an indigent defendant in an application for post-
155	268		conviction relief, the Clerk of the Court of Criminal Appeals shall
156	269		include in its notice to the district court clerk, as required by
157	270		Section 1054 of this title, that an addition al certified copy of the
158	271		appeal record is to be transmitted to the Oklahoma Indigent Defense
159	272		System or the other attorney.
160	273
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161	300		C. The only issues that may be raised in an application for
162	301		post-conviction relief are those that:
163		-
164	302		1. Were not and could not have b een raised in a direct appeal;
165	303		and
166		-
167	304		2. Support a conclusion either that the outcome of the tri al
168	305		would have been different but for the error s or that the defendant
169	306		is factually innocent.
170		-
171	307		The applicant shall state in the application specific facts
172	308		explaining as to each claim why it was not or could not have been
173	309		raised in a direct appeal and how it supports a conclusion that the
174	310		outcome of the trial would have been different but for the error s or
175	311		that the defendant is factually innocent.
176		-
177	312		D. 1. The applicat ion for post-conviction relief shall be
178	313		filed in the Court of Criminal Appeals within ninety ( 90) days from
179	314		the date the appellee 's brief on direct appeal is filed or, if a
180		-	reply brief is filed, ninety (90) days from the filing of that reply ~~ENR. H. B. NO. 3383 Page 5~~
	315	+	reply brief is filed, ninety (90) days from the filing of that reply
181	316		brief with the Court of Criminal Appeals on the direct appeal.
182	317		Where the appellant's original brief on dire ct appeal has been filed
183	318		prior to November 1, 1995, and no application for post -conviction
184	319		relief has been filed, any application for post-conviction relief
185	320		must be filed in the Court of Criminal Appeals within one hundred
186	321		eighty (180) days of November 1, 1995. The Court of Criminal
187	322		Appeals may issue orders establishing briefing schedules or enter
188	323		any other orders necessary to extend the time limits under this
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189	351		section in cases where the original brief on direct appeal has been
190	352		filed prior to November 1, 19 95.
191		-
192	353		2. All grounds for relief that were avail able to the applicant
193	354		before the last date on whi ch an application could be timely filed
194	355		not included in a timely ap plication shall be deemed waived.
195		-
196	356		No application may be amended or supplemented after the time
197	357		specified under this section. Any amended or supplemental
198	358		application filed after the time sp ecified under this section shall
199	359		be treated by the Court of Crimina l Appeals as a subsequent
200	360		application.
201		-
202	361		3. Subject to the specific limitations of this section , the
203	362		Court of Criminal Appeals may issue any orders as to discovery or
204	363		any other orders necess ary to facilitate post-conviction review.
205		-
206	364		4. a. The Court of Criminal Appeals shall review the
207	365		application to determine:
208		-
209	366		(1) whether controverted, previously unr esolved
210	367		factual issues material to the legalit y of the
211	368		applicant's confinement exist,
212		-
213	369		(2) whether the applicant's grounds were or could
214	370		have been previously raise d, and
215		-
216	371		(3) whether relief may be granted under this act the
217	372		Post-Conviction Procedure Act.
218		-
219	373		b. For purposes of this subsection, a ground could not
220	374		have been previously raised if:
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222	402		(1) it is a claim of ineffective assistance of trial
223	403		counsel involving a factu al basis that was not
224		-	ascertainable through the exercise of reasonable ~~ENR. H. B. NO. 3383 Page 6~~
	404	+	ascertainable through the exercise of reasonable
225	405		diligence on or before the time of the direct
226	406		appeal, or
227		-
228	407		(2) it is a claim contained in an original tim ely
229	408		application for post-conviction relief relating
230	409		to ineffective assistance of a ppellate counsel.
231		-
232	410		All claims of ineffective assistance of counsel shall be governed by
233	411		clearly established law as determined by the United States Supre me
234	412		Court.
235		-
236	413		If the Court of Criminal Appeals determines that controverted,
237	414		previously unresolved factual is sues material to the legality of the
238	415		applicant's confinement do not exist, or that the claims were or
239	416		could have been previously raised, or that relief may not be granted
240	417		under this act the Post-Conviction Procedure Act and enters an order
241	418		to that effect, the Court shall make findings of fact and
242	419		conclusions of law or may order the parties to file proposed
243	420		findings of fact and conclusions of law for the Court to consider on
244	421		or before a date set by the Court that is not later than thirty (30)
245	422		days after the date the order is issued. The Court of Criminal
246	423		Appeals shall make appropriate written findin gs of fact and
247	424		conclusions of law not later than fifteen (15) days after the date
248	425		the parties filed proposed findings.
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250	453		5. If the Court of Criminal Appeals determ ines that
251	454		controverted, previously unresolved factual issues material to the
252	455		legality of the applicant's confinement do exist, and that the
253	456		application meets the other requirements of parag raph 4 of this
254	457		subsection, the Court shall enter an order to the di strict court
255	458		that imposed the sentence designating the issues of fact to be
256	459		resolved and the method by which the issues shall be resolved.
257		-
258	460		The district court shall not permit any amendments or
259	461		supplements to the issues remanded by the Court of Criminal App eals
260	462		except upon motion to and order of the Court of Criminal Appeals
261	463		subject to the limitatio ns of this section.
262		-
263	464		The Court of Criminal Appeals shall r etain jurisdiction of all
264	465		cases remanded pursuant to this act the Post-Conviction Procedure
265	466		Act.
266		-
267	467		6. The district attorney's office shall have twenty (20) days
268	468		after the issues are remanded to the di strict court within which to
269		-	file a response. The district court may grant one extension of ~~ENR. H. B. NO. 3383 Page 7~~
	469	+	file a response. The district court may grant one extension of
270	470		twenty (20) days for good cause shown and may issue any orders
271	471		necessary to facilitate post-conviction review pursuant to the
272	472		remand order of the Court of Criminal Appeals. Any applications for
273	473		extension beyond the twenty (20) days shall be presented to the
274	474		Court of Criminal Appeals. If the district court determines that an
275	475		evidentiary hearing should be held, that hearing shall be held
276	476		within thirty (30) days from the date that the state filed its
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277	504		response. The district court shall file its decision togeth er with
278	505		findings of fact and conclusions of law with the Court of Criminal
279	506		Appeals within forty-five (45) days from the date that the state
280	507		filed its response or within forty-five (45) days from the date of
281	508		the conclusion of the evidentiary hearing.
282		-
283	509		7. Either party may seek review by the Court of Criminal
284	510		Appeals of the district court's determination of the issues remanded
285	511		by the Court of Criminal Appeals within ten (10) days from the entry
286	512		of judgment. Such pa rty shall file a notice of intent to seek
287	513		review and a designation of record in the district court within ten
288	514		(10) days from the entry of judgment. A copy of the notice of
289	515		intent to seek review and the des ignation of the record shall be
290	516		served on the court reporter, the petitioner, the district atto rney,
291	517		and the Attorney General, and shall be filed with the Court of
292	518		Criminal Appeals. A petition in error shall be filed with the Court
293	519		of Criminal Appeals by the party seeking review within thirty (30)
294	520		days from the entry of judgment. If an evidentiary hearing was
295	521		held, the court reporter shall prepare and file all transcripts
296	522		necessary for the appeal within sixty (60) days from the date the
297	523		notice and designation of record are filed. The petitioner 's brief-
298	524		in-chief shall be filed within forty -five (45) days from the date
299	525		the transcript is filed in the Court of Criminal Appeals or, if no
300	526		evidentiary hearing was held, within forty-five (45) days from the
301	527		date of the filing of the notice. The respondent shall have twenty
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302	555		(20) days thereafter to file a re sponse brief. The district court
303	556		clerk shall file the records on appeal with the Court of Criminal
304	557		Appeals on or before the date the petitioner's brief-in-chief is
305	558		due. The Court of Criminal Appeals shall issu e an opinion in the
306	559		case within one hundred t wenty (120) days of the filing of the
307	560		response brief or at the time the direct appeal is decided. If no
308	561		review is sought within the time specified in this secti on, the
309	562		Court of Criminal Appeals may adopt the fi ndings of the district
310	563		court and enter an ord er within fifteen (15) days of the time
311	564		specified for seeking review or may order additional briefing by the
312	565		parties. In no event shall the Court of Criminal Ap peals grant
313	566		post-conviction relief before giving t he state an opportunity to
314		-	respond to any and all claims raised to the Court. ENR. H. B. NO. 3383 Page 8
315		-
	567	+	respond to any and all claims raised to the Court.
316	568		8. If an original application for post-conviction relief is
317	569		untimely or if a subsequent application for post-conviction relief
318	570		is filed after filing an original application, the Court of Criminal
319	571		Appeals may not consider t he merits of or grant relief based on the
320	572		subsequent or untimely original application, or a subsequent
321	573		application, unless:
322		-
323	574		a. the application contains claims an d issues that have
324	575		not been and could not have bee n presented previously
325	576		in a timely original a pplication or in a previously
326	577		considered application filed under this section,
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327	605		because the legal basis for the claim was unavailable,
328	606		or
329		-
330	607		b. (1) the application contains sufficient specific
331	608		facts establishing tha t the current claims and
332	609		issues have not and could not have been presented
333	610		previously in a timely origi nal application or in
334	611		a previously considered application filed under
335	612		this section, because the factual basis for the
336	613		claim was unavailable as it was not ascertainable
337	614		through the exercise of reason able diligence on
338	615		or before that date, and
339		-
340	616		(2) the facts underlying the claim, if proven and
341	617		viewed in light of the evidence as a whole, would
342	618		be sufficient to establish by clear and
343	619		convincing evidence that, bu t for the alleged
344	620		error, no reasonable fact f inder would have found
345	621		the applicant guilty of the underly ing offense or
346	622		would have rendered the penalty of death.
347		-
348	623		The provisions of this paragraph shall apply irrespective of the
349	624		nature of the claims raised in the application and shall include
350	625		jurisdictional claims. The provisions of this paragraph shall also
351	626		apply to any post-conviction application filed on or after the
352	627		effective date of this act.
353	628
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354	655		9. For purposes of this act the Post-Conviction Procedure Act,
355	656		a legal basis of a claim is unavailable on or before a date
356	657		described by this subsection if the leg al basis:
357		-
358	658		a. was not recognized by or could not have been
359		-	reasonably formulated from a final de cision of the ~~ENR. H. B. NO. 3383 Page 9~~
	659	+	reasonably formulated from a final de cision of the
360	660		United States Supreme Court, a court of ap peals of the
361	661		United States, or a court of appellate jurisdiction of
362	662		this state on or before that date, or
363		-
364	663		b. is a new rule of constitutional law that was given
365	664		retroactive effect by the United States Supreme Court
366	665		or a court of appellate jurisdiction of th is state and
367	666		had not been announced on or before that date.
368		-
369	667		E. All matters not specifically governed by the provisions of
370	668		this section shall be subject to the provisions of the Post-
371	669		Conviction Procedure Act. If the provisions of this act section
372	670		conflict with the provisions of the Post-Conviction Procedure Act,
373	671		the provisions of this act section shall govern.
374		-
375	672		SECTION 5. This act shall become effective November 1, 2022.
376		-	ENR. H. B. NO. 3383 Page 10
377		-	Passed the House of Repr esentatives the 22nd day of March, 2022.
378		-
379		-
380		-
381		-
382		-	Presiding Officer of the House
383		-	of Representatives
384		-
385		-
386		-	Passed the Senate the 27th day of April, 2022.
387		-
388		-
389		-
390		-
391		-	Presiding Officer of the Senate
392		-
393		-
394		-
395		-	OFFICE OF THE GOVERNOR
396		-	Received by the Office of the Governor this ____________________
397		-	day of ___________________, 20_______, at _______ o'clock _______ M.
398		-	By: _________________________________
399		-	Approved by the Governor of the State of Okl ahoma this _________
400		-	day of ___________________, 20_______, at _______ o'clock _______ M.
401		-
402		-
403		-	_________________________________
404		-	Governor of the State of Oklahoma
405		-
406		-	OFFICE OF THE SECRETARY OF STATE
407		-	Received by the Office of the Secretary of State this ______ ____
408		-	day of ___________________, 20_______, at _______ o'clock _______ M.
409		-	By: _________________________________
410		-
	673	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	674	+	April 12, 2022 - DO PASS