An Act
ENROLLED HOUSE
BILL NO. 3383 By: Osburn of the House
and
Daniels of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 1080 , which relates to the Post-
Conviction Procedure Act; requiring persons filing
writs of habeas corpus to utilize procedures provided
in the Post-Conviction Procedure Act; establishing
time limitation for filing original or subs equent
application for post-conviction relief; providing
guidelines for determining limitation periods; making
application and time limitation provisions applicable
to post-conviction applications filed on or after
certain effective date; amending 22 O.S. 2021,
Sections 1086 and 1089, which re late to the Post-
Conviction Procedure Act; requiring claims
challenging a trial court's jurisdiction to be raised
in the original, supplemental or amended application
for post-conviction relief; clarifying manner in
which the Court of Criminal Appeals may consider the
merits of or grant relief based on an application;
providing for codification; and providing an
effective date.
SUBJECT: Criminal procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Sect ion 1080, is
amended to read as follows:
Section 1080. Any person who has been convicted of, or
sentenced for, a crime and who claims:
ENR. H. B. NO. 3383 Page 2
(a) that 1. That the conviction or the sentence was in
violation of the Constitution of the Unite d States or the
Constitution or laws of this state;
(b) that 2. That the court was without jurisdiction to im pose
sentence;
(c) that 3. That the sentence exceeds the maximum authorized by
law;
(d) that 4. That there exists evidence of material facts, not
previously presented and heard, that requires vacation of the
conviction or sentence in the interest o f justice;
(e) that his 5. That the sentence has expired, his the
suspended sentence, probation, p arole, or conditiona l release
unlawfully revoked, or he or she is otherwise unlawfully held in
custody or other restraint; or
(f) that 6. That the conviction or sentence is otherwise
subject to collateral attack upon an y ground of alleged error
heretofore available under any common law, statutory or other writ,
motion, petition, proceeding or remedy;,
may institute a proceeding under this act the Post-Conviction
Procedure Act in the court in which the judgment and senten ce on
conviction was imposed to secure the appropriate r elief. Excluding
a timely appeal, this act the Post-Conviction Procedure Act
encompasses and replaces all common law and statutory methods of
challenging a conviction or sentence including, but not l imited to,
writs of habeas corpus .
SECTION 2. NEW LAW A new section of law to be codif ied
in the Oklahoma Statutes as Section 1080.1 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. A one-year period of limitation shall apply to the filing of
any application for post-conviction relief, whether an original
application or a subsequent application . The limitation period
shall run from the latest of:
1. The date on which the judgment of conviction or revocation
of suspended sentence became final by the conclusion of direct
review by the Oklahoma Court of C riminal Appeals or the expiration ENR. H. B. NO. 3383 Page 3
of the time for seeking such review by the Oklahoma Court of
Criminal Appeals;
2. The date on which the Governor revoked parole or conditional
release, if the petitioner is challenging the lawfulness of said
revocation;
3. The date on which any impediment to filing an application
created by a state actor in violation of the Constitution of the
United States or the Constitution of the State of Oklahoma, or laws
of the State of Oklahoma, is removed, if the petitioner was
prevented from filing by such action;
4. The date on which the constitutional r ight asserted was
initially recognized by the United States Supreme Court, if the
right has been newly reco gnized by the United States Supreme Court
and made retroactively applic able to cases on collateral review; or
5. The date on which the factual predi cate of the claim or
claims presented could have b een discovered through the exercise of
due diligence.
B. Subject to the exceptions provided for in this section, this
limitation period shall apply irrespective of the nature of the
claims raised in the application and shall include juris dictional
claims that the trial court lacked subject-matter jurisdiction.
C. The provisions of this section shall apply to any post-
conviction application filed on or after the effe ctive date of this
act.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 1086, is
amended to read as follows:
Section 1086. All grounds for relief available to an applicant
under this act the Post-Conviction Procedure Act, including claims
challenging the jurisdiction of the trial court, must be raised in
his or her original, supplemental or amended application. Any
ground finally adjudicated or not so raised, or knowingly,
voluntarily and intelligently waived in the proceeding that resu lted
in the conviction or sentence or in any other proceeding the
applicant has taken to secure reli ef may not be the basis for a
subsequent application, unless the court finds a ground for relief
asserted which for sufficient reason was not asserted or wa s
inadequately raised in the prior applicati on. ENR. H. B. NO. 3383 Page 4
SECTION 4. AMENDATORY 22 O.S. 2021, Section 1089, is
amended to read as follows:
Section 1089. A. The application for post-conviction relief of
a defendant who is under the sent ence of death in one or more counts
and whose death sentence has been affirmed or is being reviewe d by
the Court of Criminal Appeals in accordance with the provisions of
Section 701.13 of Title 21 of the Oklahoma S tatutes shall be
expedited as provided in this section. The provisions of this
section also apply to noncapital sentences in a case in whic h the
defendant has received one or more sentence s of death.
B. The Oklahoma Indigent Defense System shall represen t all
indigent defendants in capital cases seeking post-conviction relief
upon appointment by the appropriate district court after a hearing
determining the indigency of any such defendant. When the Oklahoma
Indigent Defense System or another attorney has been appointed to
represent an indigent d efendant in an application for post -
conviction relief, the Clerk of the Court of Criminal Appeals shall
include in its notice to the district court clerk, as required by
Section 1054 of this title, that an addition al certified copy of the
appeal record is to be transmitted to the Oklahoma Indigent Defense
System or the other attorney.
C. The only issues that may be raised in an application for
post-conviction relief are those that:
1. Were not and could not have b een raised in a direct appeal;
and
2. Support a conclusion either that the outcome of the tri al
would have been different but for the error s or that the defendant
is factually innocent.
The applicant shall state in the application specific facts
explaining as to each claim why it was not or could not have been
raised in a direct appeal and how it supports a conclusion that the
outcome of the trial would have been different but for the error s or
that the defendant is factually innocent.
D. 1. The applicat ion for post-conviction relief shall be
filed in the Court of Criminal Appeals within ninety ( 90) days from
the date the appellee 's brief on direct appeal is filed or, if a
reply brief is filed, ninety (90) days from the filing of that reply ENR. H. B. NO. 3383 Page 5
brief with the Court of Criminal Appeals on the direct appeal.
Where the appellant's original brief on dire ct appeal has been filed
prior to November 1, 1995, and no application for post -conviction
relief has been filed, any application for post-conviction relief
must be filed in the Court of Criminal Appeals within one hundred
eighty (180) days of November 1, 1995. The Court of Criminal
Appeals may issue orders establishing briefing schedules or enter
any other orders necessary to extend the time limits under this
section in cases where the original brief on direct appeal has been
filed prior to November 1, 19 95.
2. All grounds for relief that were avail able to the applicant
before the last date on whi ch an application could be timely filed
not included in a timely ap plication shall be deemed waived.
No application may be amended or supplemented after the time
specified under this section. Any amended or supplemental
application filed after the time sp ecified under this section shall
be treated by the Court of Crimina l Appeals as a subsequent
application.
3. Subject to the specific limitations of this section , the
Court of Criminal Appeals may issue any orders as to discovery or
any other orders necess ary to facilitate post-conviction review.
4. a. The Court of Criminal Appeals shall review the
application to determine:
(1) whether controverted, previously unr esolved
factual issues material to the legalit y of the
applicant's confinement exist,
(2) whether the applicant's grounds were or could
have been previously raise d, and
(3) whether relief may be granted under this act the
Post-Conviction Procedure Act.
b. For purposes of this subsection, a ground could not
have been previously raised if:
(1) it is a claim of ineffective assistance of trial
counsel involving a factu al basis that was not
ascertainable through the exercise of reasonable ENR. H. B. NO. 3383 Page 6
diligence on or before the time of the direct
appeal, or
(2) it is a claim contained in an original tim ely
application for post-conviction relief relating
to ineffective assistance of a ppellate counsel.
All claims of ineffective assistance of counsel shall be g overned by
clearly established law as determined by the United States Supre me
Court.
If the Court of Criminal Appeals determines that controverted,
previously unresolved factual is sues material to the legality of the
applicant's confinement do not exist, o r that the claims were or
could have been previously raised, or that relief may not be granted
under this act the Post-Conviction Procedure Act and enters an order
to that effect, the Court shall make findings of fact and
conclusions of law or may order the parties to file proposed
findings of fact and conclusions of law for the Court to consider on
or before a date set by the Court that is not later than thirty (30)
days after the date the order is issued. The Court of Criminal
Appeals shall make appropriate written findin gs of fact and
conclusions of law not later than fifteen (15) days after the date
the parties filed proposed findings.
5. If the Court of Criminal Appeals determ ines that
controverted, previously unresolved factual issues material to the
legality of the applicant's confinement do exist, and that the
application meets the other requirements of parag raph 4 of this
subsection, the Court shall enter an order to the di strict court
that imposed the sentence designating the issues of fact to be
resolved and the method by which the issues shall be resolved.
The district court shall not permit any amendments or
supplements to the issues remanded by the Court of Criminal App eals
except upon motion to and order of the Court of Criminal Appeals
subject to the limitatio ns of this section.
The Court of Criminal Appeals shall r etain jurisdiction of all
cases remanded pursuant to this act the Post-Conviction Procedure
Act.
6. The district attorney's office shall have twenty (20) days
after the issues are remanded to the di strict court within which to
file a response. The district court may grant one extension of ENR. H. B. NO. 3383 Page 7
twenty (20) days for good cause shown and may issue any orders
necessary to facilitate post-conviction review pursuant to the
remand order of the Court of Criminal Appeals. Any applications for
extension beyond the twenty (20) days shall be presented to the
Court of Criminal Appeals. If the district court determines that an
evidentiary hearing should be held, that hearing shall be held
within thirty (30) days from the date that the state filed its
response. The district court shall file its decision togeth er with
findings of fact and conclusions of law with the Court of Criminal
Appeals within forty-five (45) days from the date that the state
filed its response or within forty-five (45) days from the date of
the conclusion of the evidentiary hearing.
7. Either party may seek review by the Court of Criminal
Appeals of the district court's determination of the issues remanded
by the Court of Criminal Appeals within ten (10) days from the entry
of judgment. Such pa rty shall file a notice of intent to seek
review and a designation of record in the district court within ten
(10) days from the entry of judgment. A copy of the notice of
intent to seek review and the des ignation of the record shall be
served on the court reporter, the petitioner, the district atto rney,
and the Attorney General, and shall be filed with the Court of
Criminal Appeals. A petition in error shall be filed with the Court
of Criminal Appeals by the party seeking review within thirty (30)
days from the entry of judgment. If an evidentiary hearing was
held, the court reporter shall prepare and file all transcripts
necessary for the appeal within sixty (60) days from the date the
notice and designation of record are filed. The petitioner 's brief-
in-chief shall be filed within forty -five (45) days from the date
the transcript is filed in the Court of Criminal Appeals or, if no
evidentiary hearing was held, within forty -five (45) days from the
date of the filing of the notice. The respondent shall have twenty
(20) days thereafter to file a re sponse brief. The district court
clerk shall file the records on appeal with the Court of Criminal
Appeals on or before the date the petitioner 's brief-in-chief is
due. The Court of Criminal Appeals shall issu e an opinion in the
case within one hundred t wenty (120) days of the filing of the
response brief or at the time the direct appeal is decided. If no
review is sought within the time specified in this secti on, the
Court of Criminal Appeals may adopt the fi ndings of the district
court and enter an ord er within fifteen (15) days of the time
specified for seeking review or may order additional briefing by the
parties. In no event shall the Court of Criminal Ap peals grant
post-conviction relief before giving t he state an opportunity to
respond to any and all claims raised to the Court. ENR. H. B. NO. 3383 Page 8
8. If an original application for post-conviction relief is
untimely or if a subsequent application for post -conviction relief
is filed after filing an original application, the Court of Criminal
Appeals may not consider t he merits of or grant relief based on the
subsequent or untimely original application, or a subsequent
application, unless:
a. the application contains claims an d issues that have
not been and could not have bee n presented previously
in a timely original a pplication or in a previously
considered application filed under this section,
because the legal basis for the claim was unavailable,
or
b. (1) the application contains sufficient specific
facts establishing tha t the current claims and
issues have not and could not have been presented
previously in a timely origi nal application or in
a previously considered application filed under
this section, because the factual basis for the
claim was unavailable as it was not ascertainable
through the exercise of reason able diligence on
or before that date, and
(2) the facts underlying the claim, if proven and
viewed in light of the evidence as a whole, would
be sufficient to establish by clear and
convincing evidence that, bu t for the alleged
error, no reasonable fact f inder would have found
the applicant guilty of the underly ing offense or
would have rendered the penalty of death.
The provisions of this paragraph shall apply irrespective of the
nature of the claims raised in the application and shall include
jurisdictional claims. The provisions of this paragraph shall also
apply to any post-conviction application filed on or after the
effective date of this act.
9. For purposes of this act the Post-Conviction Procedure Act,
a legal basis of a claim is unavailable on or before a date
described by this subsection if the leg al basis:
a. was not recognized by or could not have been
reasonably formulated from a final de cision of the ENR. H. B. NO. 3383 Page 9
United States Supreme Court, a court of ap peals of the
United States, or a court of appellate jurisdiction of
this state on or before that date, or
b. is a new rule of constitutional law that was given
retroactive effect by the United States Supreme Court
or a court of appellate jurisdiction of th is state and
had not been announced on or before that date.
E. All matters not specifically governed by the provisions of
this section shall be subject to the provisions of the Post -
Conviction Procedure Act. If the provisions of this act section
conflict with the provisions of the Post-Conviction Procedure Act,
the provisions of this act section shall govern.
SECTION 5. This act shall become effective November 1, 2022.
ENR. H. B. NO. 3383 Page 10
Passed the House of Repr esentatives the 22nd day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 27th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Okl ahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this ______ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________