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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 1007 By: Jett
AS INTRODUCED
An Act relating to jury assessment of punishmen t;
amending 22 O.S. 2011, Section 926.1, which relates
to punishments assessed and declared by juries;
establishing sentencing procedures for juries that
assess and declare punishment in criminal cases;
providing for consideration of aggravating and
mitigating circumstances unless waived by the s tate
and defendant; directing court to follow spec ific
sentencing procedure under certain circumstances;
directing court to instruct juries on laws relating
to punishment and sentencing alternatives; defining
terms; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 926.1, is
amended to read as follows:
Section 926.1. A. In all cases of a verdict of con viction for
any offense against any o f the laws of the State of Oklahoma, the
jury may, and shall, upon the request of the defendant , assess and
declare the punishment in their verdict within the limitations fixed
by law, and the court shall render a judgm ent according to such
verdict, except as hereinafter provided.
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B. In any case in which a jury may assess and declare
punishment:
1. At the conclusion of the evidence, the court shall instruct
the jury on the offense charged. The jury shall be further
instructed to determine only the guilt or innocence of the defendant
on the offense charg ed and that punishment shall not be determined
by the jury at this time; and
2. If the jury reaches a verdict that the defendant is guilty
of the offense charged or gui lty of a lesser included offense, the
court shall proceed to a second stage in which th e jury shall assess
punishment within the limitations fixed by law including sentencing
alternatives available to the court pursuant to the provisions of
Section 991a, 991a-3 or 991c of this title as applic able to the
case.
C. If the defendant is not pros ecuted for a second or
subsequent offense, evidence of aggravating and mitigating
circumstances and argument on punishment shall be received by the
jury unless waived by the state and the defendant. The co urt shall
instruct the jury on the penalty fixed b y law for the offense and
the jury may assess and declare its punishment within the penalty
fixed by law including any such sentencing alternatives available to
the court including the provisions of Section 991a, 991a-3 or 991c
of this title as applicable to the case. The jury may assess and
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declare in its punishment any such sentencing alternatives available
to the court.
D. If the defendant is prosecuted for a second or subsequent
offense, except in thos e cases in which the former conviction is an
element of the offense, the court shall follow the procedure s set
forth in Section 860.1 of this title. In addition to evidence of
prior convictions, evidence of aggrava ting and mitigating
circumstances and arg ument on punishment shall be received by the
jury unless waived by the state and the defendant. The court shall
instruct the jury on the penalty fixed by law for the offense and
the jury may assess and declare its punishment within the penalty
fixed by law including sentencing alternatives available to t he
court pursuant to the provisions of Section 991a, 991a -3 or 991c of
this title as applicable to the case. The jury may assess and
declare in its punishment any s uch sentencing alternatives available
to the court.
E. For purposes of this section:
1. “Aggravating circumstances ” means evidence of the conduct of
the defendant relating to the circumstances of the offense itself
that would support a more severe senten ce within the range of
punishment fixed by law; and
2. “Mitigating circumstances ” means evidence of factors that
would support leniency in sentencing including, but not limited to,
lack of a prior criminal record, minor participation in the offense,
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culpability of the victim, past circumstances such as abuse that
resulted in the criminal activi ty, circumstances at the time of the
offense such as provocation, stress or emotional problems that,
while not excusing the crime, may offer an explanation, mental o r
physical illness and genuine remorse.
SECTION 2. This act shall become e ffective November 1, 2021.
58-1-1656 TEK 1/21/2021 8:54:35 PM