Req. No. 301 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 310 By: Murdock
AS INTRODUCED
An Act relating to youthful offenders; amend ing 10A
O.S. 2011, Sections 2 -5-205 and 2-5-206, as amended
by Sections 5 and 6, Chapter 155, O.S.L. 2018 (10A
O.S. Supp. 2020, Sections 2 -5-205 and 2-5-206), which
relate to certification as youthful offender and acts
mandating youthful offender s tatus; prohibiting
youthful offender status for person charged with
certain crimes; requiring court to consider certain
victim statements; conform ing language; and pr oviding
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2011, Section 2 -5-205, as
amended by Section 5, Chapter 155, O.S.L. 2018 (10A O.S. Supp. 2020,
Section 2-5-205), is amended to read as follows:
Section 2-5-205. A. Any person thirteen (13) or fourteen (14)
years of age who is charged with murd er in the first degree shall be
held accountable for the act as if the person were an adult;
provided, the person may be certified as a youthful offender o r a
juvenile as provided by this section, unless the person is subject
to the provisions of subsectio n H of Section 2-5-204 of this title.
Req. No. 301 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. Any person fifteen (15), sixteen (16) or seventeen (17)
years of age who is charged with murder in the first degr ee or rape
in the first degree or attempt thereof at that time shall be held
accountable for his or h er act as if the person was an adult and
shall not be subject to the provisions of the Youthful Offender Act
or the provisions of the Juvenile Code for cer tification as a
juvenile. The person shall have all the statutory rights and
protections of an adult accused of a crime. All proceedings shall
be as for a criminal action and the provisions of Title 22 of the
Oklahoma Statutes shall apply. A person havi ng been convicted as an
adult pursuant to this paragraph shall be tried as an adult for
every subsequent offense.
C. 1. Upon the filing of an adult cr iminal information against
such accused person, a warrant shall be issued which shall set forth
the rights of the accused person, and the rights of the parents,
guardian or next friend of the accused perso n to be present at the
preliminary hearing, to have an attorney present and to make
application for certification of such accused person as a youthful
offender to the district court for the purpose of prosecution as a
youthful offender.
2. The warrant shall be personally served together with a
certified copy of the information on the accused person and on a
custodial parent, guardian or next friend of the a ccused person.
The court may inquire of the accused as to the whereabouts of his or
Req. No. 301 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
her parents, guardian, or next friend in order to avoid unnecessary
delay in the proceedings.
3. When personal service of a custodial parent, guardian or
next friend of the accused person cannot be effected, service may be
made by certified mail to such person 's last-known address,
requesting a return receipt from the ad dressee only. If delivery is
refused, notice may be given by mailing the warrant and a copy of
the information on the accused person by regular first -class mail to
the address where the person to be notif ied refused delivery of the
notice sent by certifie d mail. Where the address of a custodial
parent, guardian or next friend is not known, or if the mailed
warrant and copy of the information on the accused person is
returned for any reason other than refu sal of the addressee to
accept delivery, after a th orough search of all reasonably available
sources to ascertain the whereabouts of a custodial parent, gu ardian
or next friend has been conducted, the court may order that notice
of the hearing be given by publication one time in a newspaper of
general circulation in the county. In addition, the court may order
other means of service of notice that the court deems advisable or
in the interests of justice.
4. Before service by publication is ordered, the co urt shall
conduct an inquiry to determine whether a thorough search has been
made of all reasonably available sources to ascertain the
whereabouts of any p arty for whom notice by publication is sought.
Req. No. 301 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. 1. The accused person shall file any motions for
certification as a youthful offender or a juvenile before the start
of the criminal preliminary hearing. If both a motion for
certification as a youthful offender and a motion for certification
as a juvenile are filed, they shall both be heard at the same time.
No motion for certification as a youthful o ffender or certification
as a juvenile may be filed after the time specified in this
subsection. Upon the filing of such motion, the complete juvenile
record of the accused shall be made available to the district
attorney and the accused person. All repo rts, evaluations, motions,
records, exhibits or documents regarding the educational history,
mental health or medical treatment or condition of the offender that
are submitted to the court or admitted into evidence during the
hearing on the motion for cert ification as a youthful offender to
the juvenile system or motion for imposition of an adult sentence
are confidential and shall be filed or admitted under seal, except
that such records shall be provided to the Office of Juvenile
Affairs. Any testimony r egarding the reports, evaluations, motions,
records, exhibits or documents shall be given in camera and shall
not be open to the general public; provided, all persons having a
direct interest in the case a s provided in paragraph 1 of subsection
A of Section 2-2-402 of this title shall be allowed to be present
during the testimony but shall be admonished not to discuss the
testimony following the hearing. All reports, evaluations, motions,
Req. No. 301 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
records, exhibits or documents shall be released from under seal by
order of the court if the youthful offender is sentenced to the
custody or supervision of the Department of Corrections by the court
pursuant to either paragraph 1 of subsection B of Section 2 -5-209 or
paragraph 5 of subsection B of Section 2 -5-210 of this title or if
the juvenile or youthful offender is later charged as an adult with
a felony crime.
2. The court shall commence a preliminary hearing within ninety
(90) days of the filing of the information, pursuant to Section 258
of Title 22 of the Oklahom a Statutes, to determine whether the crime
was committed and whether there is probable cause to believe the
accused person committed a crime. If the preliminary hearing is not
commenced within ninety (90) days of the date the accused person is
charged, the district court shall hold a hearing to determine the
reasons for delay utilizing the procedure set out in Section 812.2
of Title 22 of the Oklahoma Statutes, to ensure the preliminary
hearing is expedited. If the whereabouts of the accused are unknown
at the time of the filing of the information or if the accused is a
fugitive, the State of Oklahoma shall make reasonable efforts to
locate the accused in order to commence the proceedings. An accused
who flees the jurisdiction of the court or purposely av oids
apprehension for the charges, waives the right to have the
preliminary hearing commenced within nin ety (90) days of the filing
of the information. An accused who fails to cooperate with
Req. No. 301 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
providing information in locating the parents of the accused,
guardian, or next friend for purpose of notice waives the right to
have the preliminary hearing commence w ithin ninety (90) days of the
filing of the information. If the preliminary hearing did not
commence within ninety (90) days from the filing of the inf ormation
due to the absence or inability to locate the accused, the
preliminary hearing shall commence w ithin ninety (90) days after the
state has actual notice of the in -state location of the accused. If
the accused is found out of state, the court shall set the hearing
within ninety (90) days after the accused has been returned to the
State of Oklahoma.
3. At the conclusion of the state 's case at the criminal
preliminary hearing, the state and the accus ed person may offer
evidence to support or oppose t he motions for certification as a
youthful offender or an alleged juvenile delinquent.
E. The court shall rule on any motions for certification as a
youthful offender or an alleged juvenile delinquent bef ore ruling on
whether to bind the accused over for trial. When ruling on a motion
for certification as a youthful offender or juvenile, the court
shall give consideration to the following guidelines with greatest
weight to be given to paragraphs 1, 2 and 3:
1. Whether the alleged offense was committed in an aggressive,
violent, premeditated or willful manner;
Req. No. 301 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Whether the offense was against persons, an d, if personal
injury resulted, the degree of personal injury , and the statements
of the victim or victims;
3. The record and past history of the accus ed person, including
previous contacts with law enforcement agencies and juvenile or
criminal courts, prior periods of probation and commitments to
juvenile institutions;
4. The sophistication and maturit y of the accused person and
the capability of disti nguishing right from wrong as determined by
consideration of the person 's psychological evaluation, home ,
environmental situation, emotional attitude and pattern of living;
5. The prospects for adequate p rotection of the public if the
accused person is pr ocessed through the youthful offender system or
the juvenile system;
6. The reasonable likelihood of re habilitation of the accused
person if such person is found to have committed the alleged
offense, by the use of procedures and facilities currently avai lable
to the juvenile court; and
7. Whether the offense occurred while the accused person was
escaping or on escape status from an institution for yo uthful
offenders or delinquent children.
The court, in its decision on a motion for certification as a
youthful offender or juvenile, shall detail findings of fact and
conclusions of law to each of the above co nsiderations, and shall
Req. No. 301 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
state that the court h as considered each of the guidelines in
reaching its decision.
F. The order certifying a person as a yout hful offender or an
alleged juvenile delinquent or denying the request for certification
as either a youthful offender or an alleged juvenile delinque nt
shall be a final order, appealable to the Court of C riminal Appeals
when entered.
G. An order certifyi ng the accused person as a youthful
offender or an alleged juvenile delinquent shall not be reviewable
by the trial court.
H. If the accused person i s prosecuted as an adult and is
subsequently convicted of the alleged offense or against whom the
imposition of judgment and sentencing has been deferred, the person
may be incarcerated with the adult populatio n and shall be
prosecuted as an adult in all s ubsequent criminal proceedings.
SECTION 2. AMENDATORY 10A O.S. 2011, Section 2 -5-206, as
amended by Section 6, Chapter 155, O.S.L. 2018 (10 A O.S. Supp. 2020,
Section 2-5-206), is amended to read as follows:
Section 2-5-206. A. Any person fifteen (15), sixteen (16) or
seventeen (17) years of age who is charged with:
1. Murder in the second degree;
2. Kidnapping;
3. Manslaughter in the first degree;
Req. No. 301 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
4. Robbery with a dangerous weapon or a firearm or attempt
thereof;
5. Robbery in the first degree or attempt thereof;
6. Rape in the first degree or attempt thereof;
7. Rape by instrumentation or attempt thereo f;
8. 7. Forcible sodomy;
9. 8. Lewd molestation;
10. 9. Arson in the first degree or attempt thereof; or
11. 10. Any offense in violation of Section 652 of Title 21 of
the Oklahoma Statutes,
shall be held accountable for such acts as a youthful offend er.
B. Any person sixteen (16) or seventeen (17) years of age who
is charged with:
1. Burglary in the first degr ee or attempted burglary in the
first degree;
2. Battery or assault and battery on a state em ployee or
contractor while in the custody or sup ervision of the Office of
Juvenile Affairs;
3. Aggravated assault and battery of a police officer;
4. Intimidating a witness;
5. Trafficking in or manufacturing illegal drug s;
6. Assault or assault and ba ttery with a deadly weapon;
7. Maiming;
Req. No. 301 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
8. Residential burglary in the second degree after two or more
adjudications that are separated in time for delinquency for
committing burglary in the first degree or residential bur glary in
the second degree;
9. Rape in the second degree; or
10. Use of a firearm while in commission of a felony,
shall be held accountable for such acts as a youthful offender.
C. The district attorney may file a petition alleging the
person to be a delinquent or may file an informa tion against the
accused person charging the per son as a youthful offender. The
district attorney shall notify the Office of Juvenile Affairs upon
the filing of youthful offender charges.
D. 1. Upon the filing of the info rmation against such alleged
youthful offender, a warrant shall be issued which shall set forth
the rights of the accused person, and the rights of the parents,
guardian or next friend of the ac cused person to be present at the
preliminary hearing, and to have an attorney present.
2. The warrant shall be personally served together wi th a
certified copy of the information on the alleged youthful offender
and on a custodial parent, guardian or nex t friend of the accused
person.
3. When personal service of a custodial parent, guardian or
next friend of the alleged youthful offender cann ot be effected,
service may be made by certified mail to the last -known address of
Req. No. 301 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the person, requesting a return receipt from the addressee only. If
delivery is refused, not ice may be given by mailing the warrant and
a copy of the information on the acc used person by regular first -
class mail to the address where the person to be notified refused
delivery of the notice sent by certified mail. Where the address of
a custodial parent, guardian or next friend is not known, or if the
mailed warrant and copy of the information on the accused person is
returned for any reason other than refusal of the addressee to
accept delivery, after a distinct and meaningful search of all
reasonably available sources to ascert ain the whereabouts of a
custodial parent, guard ian or next friend has been conducted, the
court may order that notice of the hearing be given by publication
one time in a newspaper of general circulation in the county. In
addition, the court may order ot her means of service of notice that
the court deems advisable or in the interests of justice.
4. Before service by publication is ordered, the court shall
conduct an inquiry to determine whether a thorough search has been
made of all reasonably available sources to ascertain the
whereabouts of any part y for whom notice by publication is sought.
E. The court shall commence a preliminary hearing within ninety
(90) days of the filing of the information pursuant to Section 258
of Title 22 of the Oklahoma Stat utes, to determine whether the crime
was committed and whether there is probable cause to believe the
accused person committed the crime. If the preliminary hear ing is
Req. No. 301 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
not commenced within ninety (90) days, the state shall be prohibited
from seeking an adult sentence unless the ninety-day requirement is
waived by the defendant. If the whereabouts of the accused are
unknown at the time of the filing of the informa tion or if the
accused is a fugitive, the State of Oklahoma sh all make reasonable
efforts to locate the accused in order to commence the proce edings.
An accused who flees the jurisdiction of the court or purposely
avoids apprehension for the charges , waives the right to have the
preliminary hearing commenced within ninety (90) days of the filing
of the information. If the preliminary hearing d id not commence
within ninety (90) days from the filing of the information due to
the absence or inability to loca te the accused, the preliminary
hearing shall commence within ninety (90) days after the state has
actual notice of the in-state location of the accused. If the
accused is found out of state, the court shall set the hearing
within ninety (90) days after t he accused has been returned to the
State of Oklahoma. An acc used who fails to cooperate with providing
information in locating the accused p arent, guardian, or next friend
for purpose of notice waives the right to have the preliminary
hearing commence within ninety (90) days of the filing of the
information.
F. 1. The accused person may file a motion for certification
to the juvenile justice system before the start of the criminal
preliminary hearing:
Req. No. 301 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. upon the filing of such motion, the complete juve nile
record of the accused shall be made available to the
district attorney and the accused pe rson,
b. at the conclusion of the state 's case at the criminal
preliminary hearing, the accused person may offer
evidence to support the motion for certification as a
child.
2. If no motion to certify the accused person to the juvenile
justice system has been filed, at the conclusion of the criminal
preliminary hearing the court may on its own motion hold a hearing
on the matter of the certification of the accused youthful offender
to the juvenile system.
3. All reports, evaluations, motions, records, exh ibits or
documents regarding the educational his tory, mental health or
medical treatment or condition of the offender that are submitted to
the court or admitted into evidence during the hearing on the motion
for certification of the accused youthful offen der to the juvenile
system or motion for imposit ion of an adult sentence are
confidential and shall be filed or admitted under seal, except that
such records shall be provided to the Office of Juvenile Affairs.
Any testimony regarding the reports, evaluat ions, motions, records,
exhibits or documents sh all be given in camera and shall not be open
to the general public; provided, all persons having a direct
interest in the case as provided in paragraph 1 of subsection A of
Req. No. 301 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 2-2-402 of this title shall be allowed to be present during
the testimony but shall be admonished not to discuss the testimony
following the hearing. All reports, evaluations, motions, rec ords,
exhibits or documents shall be released from under seal by order of
the court if the you thful offender is sentenced to the custody or
supervision of the Department of Corrections by the court pursuant
to either paragraph 1 of subsection B of Section 2-5-209 or
paragraph 5 of subsection B of Section 2 -5-210 of this title or if
the juvenile or youthful offender is later charged as an adult w ith
a felony crime.
4. The court shall rule on the certification motion before
ruling on whether to bind the accu sed over for trial. When ruling
on the certification motion, the court shall give considerati on to
the following guidelines with the greatest weight given to
subparagraphs a, b and c:
a. whether the alleged offense was committed in an
aggressive, violent, premeditated or willful manner,
b. whether the offense was ag ainst persons, and if
personal injury resulted, the degree of personal
injury, and the statements of the victim or victims,
c. the record and past history of the accused person ,
including previous contacts with law enforcement
agencies and juvenile or crim inal courts, prior
Req. No. 301 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
periods of probation and commitm ents to juvenile
institutions,
d. the sophistication and maturity of the accused person
and the accused person 's capability of distinguishing
right from wrong as determined by consideration of the
accused person's psychological evaluation, home,
environmental situation, emotional a ttitude and
pattern of living,
e. the prospects for adequate protection of the public if
the accused person is proces sed through the youthful
offender system or the juvenile syste m,
f. the reasonable likelihood of rehabilitation o f the
accused person if th e accused is found to have
committed the alleged offense, by the use of
procedures and facilities currently available to the
juvenile court, and
g. whether the offense occurred wh ile the accused person
was escaping or in an escape status from an
institution for youthful offenders or juvenile
delinquents.
5. In its decision on the motion for certification as an
alleged juvenile delinquent, the court shall detail findings of fact
and conclusions of law to each of the above considera tions and shall
Req. No. 301 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
state that the court has considered each of the guidelines in
reaching its decision.
6. An order certifying a person or denyin g such certification
to the juvenile justice system shall be a final order, appealable
when entered.
G. Upon conviction, sentence may be i mposed as a sentence for a
youthful offender as provided by Section 2 -5-209 of this title. If
the youthful offender sentence is imposed as an adult sentence as
provided by Section 2-5-208 of this title, the convicted person may
be incarcerated with the ad ult population.
SECTION 3. This act shall become effective November 1, 2021.
58-1-301 TEK 1/7/2021 4:21:30 PM