OK
Oklahoma House Bill HB3511

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3511 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 58th Legislature (2022)
3131
3232 HOUSE BILL 3511 By: Munson
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3838 AS INTRODUCED
3939
4040 An Act relating to wrongful incarcerations; amending
4141 22 O.S. 2021, Section 19, which r elates to procedures
4242 for filing petitions for exp ungement; providing for
4343 expedited hearings under certain ci rcumstances;
4444 amending 51 O.S. Section 154, which relates to The
4545 Governmental Tort Claims Act; modifying scope of
4646 certain definition; increasing liability amount for
4747 claims of wrongful incarceration ; providing for
4848 supplemental compensation under certain
4949 circumstances; authorizing standard annu ity payments;
5050 providing guidelines and limitations for standard
5151 annuity payments; allowing claimants to obtain group
5252 health benefit plan coverage through the Department
5353 of Corrections; providing limitations; requiring
5454 payment of monthly contribution for coverage;
5555 modifying effective dates for certain claims;
5656 directing the Department of Corrections to provide
5757 certain notice to wrongfully imprisoned persons;
5858 providing for the waiver of resident and nonresident
5959 tuition, room and board, and mandatory fees for
6060 wrongfully incarcerated persons and their children;
6161 providing limitation for credit hours; defining t erm;
6262 providing for codification; and providing an
6363 effective date.
6464
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6767
6868 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6969 SECTION 1. AMENDATORY 22 O.S. 2021, Section 19, is
7070 amended to read as follows:
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9797 Section 19. A. Any person qualified under Section 18 of this
9898 title may petition the district court of the district in which the
9999 arrest information pertaining to the person is located for the
100100 sealing of all or an y part of the record, except basic
101101 identification information.
102102 B. Upon the filing of a petition or entering of a court order ,
103103 the court shall set a date for a hearing and shall provide thirty
104104 (30) days of notice of the hearing to the prosecuting agency, t he
105105 arresting agency, the Oklahoma State Bureau of Investigation, and
106106 any other person or agency whom the court has reason to believe may
107107 have relevant informat ion related to the sealing of such record.
108108 C. Upon a finding that the harm to privacy of the per son in
109109 interest or dangers of unwarranted adverse consequences outweigh the
110110 public interest in retaining the records, the cou rt may order such
111111 records, or any part thereof except basic identification
112112 information, to be sealed. If the court finds that neit her sealing
113113 of the records nor maintaining of the records unsealed by the agency
114114 would serve the ends of justice, the court m ay enter an appropriate
115115 order limiting access to such records.
116116 Any order entered under this subsection shall specify those
117117 agencies to which such order shall apply. Any order entered
118118 pursuant to this subsection may be appealed by the petitioner, the
119119 prosecuting agency, the arresting agenc y, or the Oklahoma State
120120 Bureau of Investigation to the Oklahoma Supreme Court in accordance
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147147 with the rules of the Oklahoma Supreme Court. In all such appeals,
148148 the Oklahoma State Bureau of Investigation is a necessary par ty and
149149 must be given notice of the appellate proceedings.
150150 D. Upon the entry of an order to seal the records, or any part
151151 thereof, the subject official actions shall be deemed never to have
152152 occurred, and the person in interest and all criminal justice
153153 agencies may properly reply, upon any inquiry in the matter, that no
154154 such action ever occurred and that no such record exists with
155155 respect to such person.
156156 E. Inspection of the records included in the order may
157157 thereafter be permitted by the court only upon pe tition by the
158158 person in interest w ho is the subject of such records, the Attorney
159159 General, or by the prosecuting agency and only to those persons and
160160 for such purposes named in such petition.
161161 F. Employers, educational institutions, state and local
162162 government agencies, officials, and emplo yees shall not, in any
163163 application or interview or otherwise, require an applicant to
164164 disclose any information contained in sealed records. An applicant
165165 need not, in answer to any question concerning arrest and criminal
166166 records, provide information that h as been sealed, including any
167167 reference to or information concerning such sealed information and
168168 may state that no such action has ever occurred. Such an
169169 application may not be denied solely because of the refusal of the
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196196 applicant to disclose arrest and c riminal records information that
197197 has been sealed.
198198 G. All arrest and criminal records information existing prior
199199 to the effective date of this section, except basic identification
200200 information, is also subject to sealing in accordance with
201201 subsection C of this section.
202202 H. Nothing in this section shall be construed to authorize the
203203 physical destruction of any criminal justice records.
204204 I. For the purposes of this section, sealed materials which are
205205 recorded in the same docum ent as unsealed material may be re corded
206206 in a separate document, and sealed, then obliterated in the original
207207 document.
208208 J. For the purposes of this section, district court index
209209 reference of sealed material shall be destroyed, removed or
210210 obliterated.
211211 K. Any record ordered to be sealed pu rsuant to this section, if
212212 not unsealed within ten (10) years of the expungement order, may be
213213 obliterated or destroyed at the end of the ten-year period.
214214 L. Subsequent to records being sealed as provided herein, the
215215 prosecuting agency, the arresting agen cy, the Oklahoma State Bureau
216216 of Investigation, or other interested person or agency may petition
217217 the court for an order unsealing said records. Upon filing of a
218218 petition the court shall set a date for hearing, which hear ing may
219219 be closed at the discretio n of the court, and shall provide thirty
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246246 (30) days of notice to all interested parties. If, upon hearing,
247247 the court determines there has been a change of conditions or that
248248 there is a compelling reason to unseal the recor ds, the court may
249249 order all or a portion of the records unsealed.
250250 M. Nothing herein shall prohibit the introduction of evidence
251251 regarding actions sealed pursuant to the provisions of this section
252252 at any hearing or trial for purposes of impeaching the cred ibility
253253 of a witness or as evidenc e of character testimony pursuant to
254254 Section 2608 of Title 12 of the Oklahoma Statutes.
255255 N. If a person qualifies for an expungement under the
256256 provisions of paragraph 3 of subsection A of Section 18 of this
257257 title and said petition for expungement is grante d by the court, the
258258 court shall order the reimbursement of all filing fees and court
259259 costs incurred by the petitioner as a result of filing the
260260 expungement request.
261261 O. If a person qualifies for an expu ngement under the
262262 provisions of paragraph 3 or 4 of subsection A of Section 18 o f this
263263 title, the person may request an expedited hearing upon filing a
264264 petition for expungement. The court may grant the request to
265265 expedite the hearing and shall provide a notice of ten (10) days for
266266 said hearing to the prosecuting agency, the arresting agency, the
267267 Oklahoma State Bureau of Investigation, and any other person or
268268 agency whom the court has reason to believe may have relevant
269269 information related to the sealing of such record. Any order
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296296 entered pursuant to the provisions of this subsection shall be
297297 subject to the provisions of subsections C through M of this
298298 section.
299299 SECTION 2. AMENDATORY 51 O.S. 2021, Section 154, is
300300 amended to read as follows:
301301 Section 154. A. The total liability of the s tate and its
302302 political subdivisions on claims within t he scope of The
303303 Governmental Tort Claims Act, arising ou t of an accident or
304304 occurrence happening after October 1, 1985, Section 151 et seq. of
305305 this title, shall not exc eed:
306306 1. Twenty-five Thousand Dollars ($25,000.00) for any claim or
307307 to any claimant who has more than one claim for loss of property
308308 arising out of a single act, accident, or occurrence;
309309 2. Except as otherwise provided in this paragraph, One Hundred
310310 Twenty-five Thousand Dollars ($125,000. 00) to any claimant for a
311311 claim for any other loss ari sing out of a single act, accident, or
312312 occurrence. The limit of liability for the state or any city or
313313 county with a population of three hundred thousand (300,000) or more
314314 according to the latest Federal Decennial Census, or a political
315315 subdivision as defined in subparagraph s of paragraph 11 of Section
316316 152 of this title, shall not exceed One Hundred Seventy -five
317317 Thousand Dollars ($175,000.00). Except however, the limi ts of the
318318 liability for the Univer sity Hospitals and State Mental Health
319319 Hospitals operated by the Department of Mental Health and Substance
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346346 Abuse Services for claims arising from medical negligence shall be
347347 Two Hundred Thousand Dollars ($200,000.00). For claims arising from
348348 medical negligence by any licensed physician, osteopathic physician
349349 or certified nurse-midwife rendering prenatal, delivery or infant
350350 care services from September 1, 1991, through June 30, 1996,
351351 pursuant to a contract authorized by sub section B of Section 1 -106
352352 of Title 63 of the Oklahoma Statutes and in conformity with t he
353353 requirements of Section 1 -233 of Title 63 of the Okla homa Statutes,
354354 the limits of the liability shall be Two Hundred Thousand Dollars
355355 ($200,000.00); or
356356 3. One Million Dollars ($1,000,000.00) for any number of claims
357357 arising out of a single occurrence o r accident.
358358 B. 1. Beginning on May 28, 2003 July 1, 2022, claims shall be
359359 allowed for wrongful criminal felony conviction resulting in
360360 imprisonment if the claimant ha s received a full pardon on the ba sis
361361 of a written finding by the Governor of actual innocence f or the
362362 crime for which the claimant was sentence d or has been granted
363363 judicial relief absolving the claimant of guilt on the basis of
364364 actual innocence of the cr ime for which the claimant was sen tenced.
365365 The Governor or the court shall specifically state, i n the pardon or
366366 order, the evidence or basis on which the finding of actual
367367 innocence is based.
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394394 2. As used in paragraph 1 of this subsection, for a claimant to
395395 recover based on "actual innocence", the individual must meet the
396396 following criteria:
397397 a. the individual was charged, by indictment or
398398 information, with the commission of a public offense
399399 classified as a felony,
400400 b. the individual did not plead guilty to th e offense
401401 charged, or to any lesse r included offense, but was
402402 convicted of the offense,
403403 c. the individual was sentenced to incarceration for a
404404 term of imprisonment as a result of the conviction,
405405 d. c. the individual was imprisoned solely on the basis of
406406 the conviction for the offense, and
407407 e. d. (1) in the case of a pardon, a determination was made
408408 by either the Pardon and Parole Board or the
409409 Governor that the offense for which the
410410 individual was convicted, sentenced and
411411 imprisoned, including any lesser offe nses, was
412412 not committed by the ind ividual, or
413413 (2) in the case of judicial relief, a court of
414414 competent jurisdiction found by clear and
415415 convincing evidence that the offense for which
416416 the individual was convicted, sentenced and
417417 imprisoned, including any less er included
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444444 offenses, was not comm itted by the individual and
445445 issued an order vacating, dismissing or reversing
446446 the conviction and sentence and pr oviding that no
447447 further proceedings can be or will be held
448448 against the individual on any facts and
449449 circumstances alleged in the proceedings whic h
450450 had resulted in the conviction.
451451 3. A claimant shall not be en titled to compensation for any
452452 part of a sentence in prison during which the claimant was also
453453 serving a concurrent sentence for a crime not covered by this
454454 subsection.
455455 4. The total liability of the state and its political
456456 subdivisions on any claim within the scope of The Governmental Tort
457457 Claims Act arising out of wrongful criminal felony conviction
458458 resulting in imprisonment shall not exceed One Hundred Seven ty-five
459459 Thousand Dollars ($175,000 .00) be in an amount equal to Fifty
460460 Thousand Dollars ($50,000.00 ) multiplied by the number of years
461461 served in prison, expressed as a fraction to reflect parti al years.
462462 5. In addition to the award of damages provided for in
463463 paragraph 4 of this subsectio n, a claimant who served his or her
464464 time on death row shall be entitled to receive supplemental
465465 compensation in the amount of Fifty Thousand Dollars ($50,000.00)
466466 multiplied by the number of years the person served on death row,
467467 expressed as a fraction to refl ect partial years.
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494494 6. In addition to the award of damages provided for in
495495 paragraph 4 of this subsection, a claimant who was released on
496496 parole or released under con ditions of probation shall be entitled
497497 to receive supplemental compensation in the amount of Twenty-five
498498 Thousand Dollars ($25,000.00) multiplied by th e number of years the
499499 person was on parole or under probation, expressed as a fraction to
500500 reflect partial years .
501501 7. A claimant entitled to compensation under the provisions of
502502 this subsection shall be entitled to standard annuity payment s.
503503 Standard annuity payments shall be based on a present value sum
504504 equal to the amount to which the claimant is entitled under
505505 paragraphs 4, 5, or 6 of this subsection. Standard annuity payments
506506 shall be payable in equal monthly installments for the life of the
507507 claimant. Annuity payments shall be based on a five perce nt (5%)
508508 per annum interest rate and other actuarial factors within the
509509 discretion of the Director of the Office o f Management and
510510 Enterprise Services. Annuity payments under the prov isions of this
511511 paragraph shall not be accelerated, deferred, increased , or
512512 decreased. A claimant entitled to annuity payments under the
513513 provisions of this paragraph shall not sell, mort gage or otherwise
514514 encumber, or anticipate the payments, wholly or partly, by
515515 assignment or otherwise.
516516 8. A claimant entitled to compensation u nder the provisions of
517517 this subsection shall be eligible to obtain group health benefit
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544544 plan coverage through the Department of Corrections as if t he person
545545 were an employee of the Department. The provisions of this
546546 paragraph shall not entitle the spouse or other dependent or family
547547 member to group health benefit pla n coverage. Coverage may be
548548 obtained under the pr ovisions of this paragraph for a period of time
549549 equal to the total period the claimant served for the crime for
550550 which the claimant was wrongfully incarcerated, including any period
551551 during which the claimant was released on parole or released under
552552 conditions of probation. A claimant who elects to obtain coverage
553553 under the provisions of this paragraph shall pay a monthly
554554 contribution equal to the total amount of the monthly contributions
555555 for that coverage for an employee of the Depar tment.
556556 9. The provisions of this subsection shall apply t o convictions
557557 occurring on or before May 28, 2003, as well as convictions
558558 occurring and after May 28, 2003 July 1, 2022. If a court of
559559 competent jurisdiction finds that retroactive application of this
560560 subsection is uncons titutional, the prospective applic ation of this
561561 subsection shall remain valid.
562562 C. No award for damages in an action or any claim against the
563563 state or a political subdivision shall include punitive or exemplary
564564 damages.
565565 D. When the amount awarded to or se ttled upon multiple
566566 claimants exceeds the limitations of this secti on, any party may
567567 apply to the district court which has jurisdiction of th e cause to
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594594 apportion to each claimant the claimant 's proper share of the total
595595 amount as limited herein. The share apportioned to each claimant
596596 shall be in the proportion that the r atio of the award or settl ement
597597 made to him bears to the aggregate awards and settlements for all
598598 claims against the state or its political subdivisions arising out
599599 of the occurrence. When the amount of the aggregate losse s
600600 presented by a single claimant exceeds the limits of para graph 1 or
601601 2 of subsection A of this section, ea ch person suffering a loss
602602 shall be entitled to that person 's proportionate share.
603603 E. The total liability of resid ent physicians and interns while
604604 participating in a graduate medica l education program of the
605605 University of Oklahoma College of Medicine, its affiliated
606606 institutions and the Oklahoma College of Osteopathic Medicine and
607607 Surgery shall not exceed One Hundred Thousand Dollars ($100,000.00).
608608 F. The state or a political subdiv ision may petition the cou rt
609609 that all parties and actions arising out of a single accident or
610610 occurrence shall be joined as provided by law, and upon order of the
611611 court the proceedings upon good cause shown shall be continu ed for a
612612 reasonable time or until such joinder has been com pleted. The state
613613 or political subdivision shal l be allowed to interplead in any
614614 action which may impose on it any duty or liability pursuant to The
615615 Governmental Tort Claims Act.
616616 G. The liability of the state or political subdiv ision under
617617 The Governmental Tort Claims Act shall be several from that of any
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644644 other person or entity, and the state or political subdivision shall
645645 only be liable for that percentage of tot al damages that corresponds
646646 to its percentage of total negligence. Nothing in this section
647647 shall be construed as increasing the liability li mits imposed on the
648648 state or political subdivision under The Governmental Tort Claims
649649 Act.
650650 SECTION 3. NEW LAW A new section o f law to be codified
651651 in the Oklahoma Statutes as Section 360.2 of Title 57, unless there
652652 is created a duplication in numbering, reads as follows:
653653 A. The Department of Corrections shall provide to each
654654 wrongfully imprisoned person information, both orally and in
655655 writing, that includes :
656656 1. Guidance on how to obtain compensation pursuant to
657657 subsection B of Section 154 of Title 51 of the Oklahoma Statutes;
658658 and
659659 2. A list of and contact information for nonprofit a dvocacy
660660 groups, identified by the Department, t hat assist wrongfully
661661 imprisoned persons in filing claims f or compensation under The
662662 Governmental Tort Cla ims Act.
663663 B. The Department shall provide the information :
664664 1. At the time of the release of the w rongfully imprisoned
665665 person from a penal institution ; or
666666 2. As soon as practicable after the Department has reason to
667667 believe that the person is entitled to compensation.
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694694 SECTION 4. NEW LAW A new section of law to be codified
695695 in the Oklahoma Statute s as Section 3218.7-2 of Title 70, unless
696696 there is created a duplication in numbering, reads as follows:
697697 A. Within The Oklahoma State System of Higher Edu cation or the
698698 system of career technology districts, no resident tuition,
699699 nonresident tuition, room and board, and any mandatory fees
700700 associated with such attendance shall be charged to:
701701 1. A person who was wrongfully incarcerated and awarded
702702 compensation pursuant to the provisions of subsection B of Section 2
703703 of this act; and
704704 2. Children of any person wrongfully incarcerated and the
705705 person was awarded compensation pursuant to the provisions of
706706 subsection B of Section 2 of this act.
707707 B. Such waiver of resident tuition, nonresident tuition, room
708708 and board, and mandatory fees associated with such attendanc e shall
709709 be limited to one hundred twenty (120) credit hours.
710710 C. As used in this section, the term "children" includes
711711 children by birth and by adoption.
712712 SECTION 5. This act shall become effective July 1, 2022.
713713 SECTION 6. It being immediately necessary for the preservation
714714 of the public peace, health or safety, an emergency is hereby
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741741 declared to exist, by reason whereof thi s act shall take effect and
742742 be in full force from and after its passage and approval.
743743
744744 58-2-8798 GRS 01/16/22