Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB25 Engrossed / Bill

Filed 02/12/2021

                     
 
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ENGROSSED SENATE 
BILL NO. 25 	By: Daniels and Boren of the 
Senate 
 
  and 
 
  Kannady of the House 
 
 
 
 
 
An Act relating to sentencing proceedings; amending 
22 O.S. 2011, Section 929, which relates to new 
sentencing proceedings; modifying eligibility 
requirements for jury resentencing; au thorizing 
waiver of certain resentenc ing; requiring 
reinstatement of sentence upon certain waiver; 
prohibiting appeal of reinstated sentence; 
authorizing certain testimony; deleting retroactive 
applicability of certain provisions; updating 
statutory references; and providing an effective 
date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     22 O.S. 2011, Section 929, is 
amended to read as follows: 
Section 929. A.  Upon any appeal of a conviction by the 
defendant in a noncapital criminal case, the appellate court, if it 
finds prejudicial error in the sentenci ng proceeding only, may set 
aside the sentence rendered and remand the case to the trial court 
in the jurisdiction in which the defendant was originally sentenced 
for resentencing.  N o error in the sentencing proceeding shall   
 
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result in the reversal of the conviction in a criminal case unless 
the error directly affected the determination of guilt. 
B.  When a criminal case is remanded for vacation of a sentence, 
the court may shall: 
1.  Set the case for a nonjury sentencing proceeding; or 
2.  If the defendant or the prosecutor so requests in wri ting 
was originally sentenced by a jury , impanel a new sente ncing jury 
unless jury resentencing is waived by the defendant and the 
prosecutor. 
C.  If a written request for a jury trial is filed within twenty 
(20) days of the date of the appellate court ord er, the trial court 
shall impanel a new jury for the purpose of conducting a new 
sentencing proceeding. 
1. The defendant may affirmatively waive resentencing before 
the appropriate trial court within ninety (90) days o f the appellate 
court order remanding for resentencing; provided, however, the 
defendant may not waive resentencing after the commencement of t he 
resentencing hearing or t rial.  The defendant may not waive 
resentencing on an appeal or petition for a writ o f extraordinary 
relief sought by the prosecution or if the original sentence was 
unlawful.  If the defendant affirmatively waives resentencing 
pursuant to this subsection, the original sentence shall be 
reinstated by the trial court.  A sentence reinstated pursuant to 
this subsection shall no t be appealable by the defendant.   
 
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D. All exhibits and a tra nscript of all testimony and other 
evidence properly admitted in the prior trial and sentencing shall 
be admissible in the new sentencing proceeding.  The defendant may 
testify at his or her resen tencing proceeding in accordance with the 
requirements of the Oklahoma Evidence Code.  Additional relevant 
evidence may be admitted including tes timony of witnesses who 
testified at the previous trial. 
2.  The provisions of this section are procedural and shall 
apply retroactively to any defendant sentenced in this state. 
D. E.  This section shall not be construed to amend or be in 
conflict with the provisions of Section 701.10 or 701.10a of Title 
21 of the Oklahoma Stat utes relating to sentencing and resen tencing 
in death penalty cases; Section 438 860.1 of this act title relating 
to the trial procedure for defendants prosecuted for second or 
subsequent offense; or the provisions of Sections 439 926.1 and 440 
927.1 of this act title relating to assessment o f punishment in the 
original trial proceedings. 
SECTION 2.  This act shall become effective November 1, 2021.   
 
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Passed the Senate the 11th day of February, 2021. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the ____ day of __________, 
2021. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives