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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 25 By: Daniels and Boren of the
Senate
and
Kannady of the House
An Act relating to sentencing proceedings; amendi ng
22 O.S. 2011, Section 929, which relates to new
sentencing proceedings; modifying eligibility
requirements for jury resentencing; authorizing
waiver of certain resentencing; 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 sentencing procee ding only, may set
aside the sentence rendered and remand the case to the trial court
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in the jurisdiction in which the defendant was originally sentenced
for resentencing. No error in the sentencing proceeding shall
result in the reversal of the convictio n 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 writing
was originally sentenced by a jury , impanel a new sentencing 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 dat e of the appellate court order, 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 of the app ellate
court order remanding for resentencing; provided, however, the
defendant may not waive resentencing after the commencement of the
resentencing hearing or trial. The defendant may not waive
resentencing on an appeal or petition for a writ of extraor dinary
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
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reinstated by the trial court. A sentence reinstated pursuant to
this subsection shall not be appealable by the defendant.
D. All exhibits and a transcript 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 resentencing proceeding in accordance with the
requirements of the Oklahoma Evidence Code. Additional relevant
evidence may be admitted including testimony 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 Statutes rela ting to sentencing and resentencing
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 of punishment in the
original trial proceedings.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
03/31/2021 - DO PASS.