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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislature (2023)
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32	32	HOUSE BILL 1048 By: Lawson
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38	38	AS INTRODUCED
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40	40	An Act relating to children; amending Section 7,
41	41	Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2022,
42	42	Section 2-5-207A), which relates to adult sentence of
43	43	a minor; providing that the court may order certain
44	44	individuals to pay certain fee; and providing an
45	45	effective date.
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48	48
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY Section 7, Chapter 375, O.S.L.
52	52	2022 (10A O.S. Supp. 2022, Section 2 -5-207A), is amended to read as
53	53	follows:
54	54	Section 2-5-207A. A. Whenever the district attorney determines
55	55	there is good cause to believe that the person charged as a youth ful
56	56	offender would not reason ably complete a plan of rehabilitation or
57	57	the public would not be adequately protected if the person were to
58	58	be sentenced as a youthful offender, the district attorney may file
59	59	a motion for the impositio n of an adult sentence. The district
60	60	attorney may elect when to file the motion for the imposition of an
61	61	adult sentence as set forth as follows:
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88	88	1. The district attorney may file the motion for the i mposition
89	89	of an adult sentence no later than fourteen (14) days prior to the
90	90	start of the preliminary hearin g. If the motion is properly filed
91	91	prior to preliminary hearing, the court shall rule on such motion
92	92	prior to a ruling to bind the person over for trial. Once the
93	93	motion for imposition of an adult sen tence is heard by the court,
94	94	such motion cannot be filed again and argued to the trial court
95	95	after arraignment.
96	96	2. The district attorney may fi le the motion for the imposition
97	97	of an adult sentence no later than thirty (30) days following formal
98	98	arraignment. If the motion is properly filed, such motion will be
99	99	heard and ruled upon by the trial court.
100	100	3. If the accused's attorney indicates to the court that the
101	101	accused wishes to plead guilty or nolo c ontendere to the charge or
102	102	charges, the court shall notify the district attorn ey. The district
103	103	attorney shall have ten (10) days after notification to file the
104	104	motion for the imposition of an adult se ntence. If the motion is
105	105	properly filed, such motion w ill be heard and ruled upon by the
106	106	trial court.
107	107	B. If a motion for imposition of an adult sentence was proper ly
108	108	filed, the court shall order a certificati on study to be prepared by
109	109	the Office of Juveni le Affairs, unless waived by the accused with
110	110	approval of the court unless previously prepared pursuant to Section
111	111	6 of this act. Upon ordering the certification s tudy, the court
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138	138	shall may order the parent, guard ian, next friend, or other person
139	139	legally obligated to care for and support the accused, to pay a fee
140	140	to the Office of Juvenile Affairs of not less than O ne Hundred
141	141	Dollars ($100.00), nor more than One Thousan d Dollars ($1000.00).
142	142	The court shall set a reasonable date for the payment of the fee due
143	143	to the Office of Juvenile Affairs for the completion of the
144	144	certification study. In hardship cases, the cour t may establish a
145	145	payment schedule.
146	146	C. When ruling on a motion for the impositi on of an adult
147	147	sentence, the court shall consider the following guidelines with
148	148	greatest weight to be given to paragraphs 1, 2, and 3:
149	149	1. Whether the alleged offense was committed in an aggressive,
150	150	violent, premeditated, or willful manner, and the accused's level of
151	151	involvement in the offense;
152	152	2. Whether the offense was a gainst persons and, if personal
153	153	injury resulted, the degree of personal injury, and the statement or
154	154	statements of the victim or victims;
155	155	3. The record and past history of the accused pe rson including
156	156	previous contacts with law enfo rcement agencies and ju venile or
157	157	criminal courts, prior periods of proba tion, and commitments to
158	158	juvenile facilities or placem ents;
159	159	4. The sophistication, age, and maturity of the person and the
160	160	capability of distinguishing right f rom wrong as determined by
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187	187	consideration of the person's psychological evaluation, home,
188	188	environmental situation, emotional atti tude, and pattern of living;
189	189	5. The prospects for adequate prote ction of the public if the
190	190	accused person is processed through the juvenile justice system as
191	191	either a delinquent or youthful offender;
192	192	6. The reasonable likelihood of rehabilitation if the accused
193	193	is found to have committed the offense, using programs and
194	194	facilities currently available to the court through the juvenile
195	195	justice system; and
196	196	7. Whether the offense occurred while the accused person was
197	197	escaping or on escape status from a facility or placement for
198	198	youthful offenders or delinquent children.
199	199	D. After the hearing and consideration of the report of the
200	200	investigation, the court sha ll certify the person a s eligible for
201	201	the imposition of an adult sentence only if the court finds by clear
202	202	and convincing evidence that there is good cause to believe that the
203	203	accused would not reasonably complete a plan of rehabili tation or
204	204	that the public would not be adequate ly protected if the accused
205	205	were to be sentenced as a youthful offender.
206	206	E. The court, in its decision on a motion for the imposition of
207	207	an adult sentence, shall issue a written order and prepare detailed
208	208	findings of fact and conclusions of law as to each of the
209	209	considerations in subsections C and D of this section, and shall
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236	236	state that the court has considered each of the guidelines in
237	237	reaching its decision.
238	238	F. The order granting or denying the motion for the imposition
239	239	of an adult sentence shall be a fi nal order, appealable to the Court
240	240	of Criminal Appeals when entered.
241	241	G. An order granting the district attorney's motion for the
242	242	imposition of an adult sentence shall not be reviewable by the trial
243	243	court.
244	244	SECTION 2. This act shall become effective November 1, 2023.
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246	246	59-1-5742 CMA 12/28/22

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1048 Compare Versions