Oklahoma 2023 Regular Session

Oklahoma House Bill HB1032 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 1032 By: Lawson, Crosswhite Hader,
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	30	+	April 4, 2023
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	33	+	ENGROSSED HOUSE
	34	+	BILL NO. 1032 By: Lawson, Crosswhite Hader
4	35		and Pittman of the House
5	36
6	37		and
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8	39		Daniels of the Senate
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13	45		An Act relating to children; amending 10A O.S. 2021,
14	46		Section 2-2-402, which relates to adjudicative
15	47		hearings; requiring that hearing for child be held
16	48		within a certain time frame; providing exception; and
17	49		providing an effective date.
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22		-	SUBJECT: Children
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24	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
25		-
26	56		SECTION 1. AMENDATORY 10A O.S. 2021, Section 2-2-402, is
27	57		amended to read as follows:
28		-
29	58		Section 2-2-402. A. All cases of children shall b e heard
30	59		separately from the trial of cases against adults. The adjudicative
31	60		hearings shall be conducted according to the rules of evi dence, and
32	61		may be adjourned from time to time.
33		-
34	62		1. Except as provided by paragraph 2 of this subsection, the
35	63		hearings shall be private; however, all persons having a direct
36	64		interest in the case as provided in this paragraph sh all be
37	65		admitted. Any victim, relative, legal guardian of a victim, or a
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38	93		person designated by the victim who is not subject to the rule of
39	94		sequestration as a witness of a delinquent act shall be considered
40	95		to have a direct interest in the case , shall be notified of all
41	96		court hearings involving that particular delinquent act, and shall
42	97		be admitted to the proceedings. The court shall, however, remove
43	98		all persons not having a direct interest in the case or that are not
44	99		the parents or legal guardian of the chi ld from any hearing where
45	100		evidence of the medical or behavioral health condition of the child
46		-	or specific instances of deprivation are being ~~presen ted~~. ~~ENR. H. B. NO. 1032 Page 2~~
	101	+	or specific instances of deprivation are being presented.
47	102		Stenographic notes or other transcript of the hearings shall be kept
48	103		as in other cases, but they shall not be open to inspection exce pt
49	104		by order of the court or as otherwise provided by law.
50		-
51	105		2. Hearings related to the second or subsequent delinquency
52	106		adjudication of a child shall be public proceedings. The
53	107		adjudications relied upon to determine whether a hearing is a public
54	108		proceeding pursuant to this paragraph shall not have arisen out of
55	109		the same transaction or occurrence or series of events closely
56	110		related in time and location. Upon its own motion or the motion of
57	111		any of the parties to the hearing and for good cause shown, the
58	112		court may order specific testimony or evidence to be heard in
59	113		private; provided, the court shall not exclude any relative, leg al
60	114		guardian of a victim, or a person designated by the victim who is
61	115		not subject to the rule of sequestr ation as a witness from the
62	116		hearing during testimony of the victim. For the purposes of this
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63	144		paragraph, "good cause" shall mean a showing that it would be
64	145		substantially harmful to the mental or physical well -being of the
65	146		child if such testimony or evidenc e were presented at a public
66	147		hearing. The judge may, for good cause shown, open the court
67	148		hearings to educate members of the public about juvenile just ice
68	149		issues; however, the identities of the juvenile respondents shall
69	150		not be published in any reports or articles of general circulati on.
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71	151		B. The child may remain silent as a matter of right in
72	152		delinquency hearings and in need of supervision hearings, and before
73	153		the child testifies, the child shall be so advised.
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75	154		C. A decision determining a child to come wi thin the purview of
76	155		the Oklahoma Juvenile Code shall be based on sworn testimony and the
77	156		child shall have the opportunity for cross -examination unless t he
78	157		facts are stipulated or unless the child enters into a stipulation
79	158		that the allegations of the petiti on are true or that sufficient
80	159		evidence exists to meet the burden of proof required for the court
81	160		to sustain the allegations of the petition . In proceedings pursuant
82	161		to the Oklahoma Juvenile Code, the court may allow mileage as in
83	162		civil actions to witness es and reimbursement for exper t witnesses
84	163		but such shall not be tendered in advance of the hearing. If a
85	164		child is alleged to be delinquent and the fact s are stipulated, the
86	165		judge shall ascertain from the child if the child agrees with the
87	166		stipulation and if the child understands the c onsequences of
88	167		stipulating the facts.
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90	195		D. For any child being held in a secure detention on charges as
91		-	an accused juvenile delinquent, adjudicati on shall occur within ~~ENR. H. B. NO. 1032 Page 3~~
	196	+	an accused juvenile delinquent, adjudicati on shall occur within
92	197		thirty (30) days after the detainment for that charge. This time
93	198		may be extended to allow parties to negotiate in good faith to
94	199		review discovery or for any other good cause shown. The provisions
95	200		of this subsection shall not apply to matters in which a non-jury or
96	201		jury trial are requested by the child .
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98	202		E. If the court finds that the allegations of a petition
99	203		alleging a child to be delinq uent or in need of supervision are
100	204		supported by the evidence, the court shall sustain the petition, and
101	205		shall make an order of adjudication setting forth whether the child
102	206		is delinquent or in need of supervision and shall adjudge the child
103	207		as a ward of the court.
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105	208		E. F. If the court finds that the allegations of the petition
106	209		are not supported by the evidence, the court shall order the
107	210		petition dismissed and shall order the child discharged from any
108	211		detention or restriction previously ordered. The parents, legal
109	212		guardian or other legal custodian of the child shall also be
110	213		discharged from any restriction or other previous temporary order.
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112	214		F. G. Any arrest or detention under the O klahoma Juvenile Code
113	215		or any adjudication in a juvenile proceeding shall not be considered
114	216		an arrest, detention or conviction for purposes of employment, civil
115	217		rights, or any statute, regulation, license, questionnaire,
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116	245		application, or any other public or private purposes, unless
117	246		otherwise provided by law.
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119	247		SECTION 2. This act shall become effective November 1, 2023.
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122		-	ENR. H. B. NO. 1032 Page 4
123		-
124		-	Passed the House of Representatives the 6th day of March, 2023.
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129		-	Presiding Officer of the House
130		-	of Representatives
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133		-	Passed the Senate the 17th day of April, 2023.
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138		-	Presiding Officer of the Senate
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140		-
141		-	OFFICE OF THE GOVERNOR
142		-	Received by the Office of the Governor this ____________________
143		-	day of ___________________, 20_______, at _______ o'clock _______ M.
144		-	By: _________________________________
145		-	Approved by the Governor of the State of Oklahoma this _____ ____
146		-	day of ___________________, 20_______, at _______ o'clock _______ M.
147		-
148		-
149		-	_________________________________
150		-	Governor of the State of Oklahoma
151		-
152		-	OFFICE OF THE SECRETARY OF STATE
153		-	Received by the Office of the Se cretary of State this __________
154		-	day of ___________________, 20_______, at _ ______ o'clock _______ M.
155		-	By: _________________________________
156		-
	248	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	249	+	April 4, 2023 - DO PASS