Req. No. 5742 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
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1048 By: Lawson
AS INTRODUCED
An Act relating to children; amending Section 7,
Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2022,
Section 2-5-207A), which relates to adult sentence of
a minor; providing that the court may order certain
individuals to pay certain fee; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 7, Chapter 375, O.S.L.
2022 (10A O.S. Supp. 2022, Section 2 -5-207A), is amended to read as
follows:
Section 2-5-207A. A. Whenever the district attorney determines
there is good cause to believe that the person charged as a youth ful
offender would not reason ably complete a plan of rehabilitation or
the public would not be adequately protected if the person were to
be sentenced as a youthful offender, the district attorney may file
a motion for the impositio n of an adult sentence. The district
attorney may elect when to file the motion for the imposition of an
adult sentence as set forth as follows:
Req. No. 5742 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. The district attorney may file the motion for the i mposition
of an adult sentence no later than fourteen (14) days prior to the
start of the preliminary hearin g. If the motion is properly filed
prior to preliminary hearing, the court shall rule on such motion
prior to a ruling to bind the person over for trial. Once the
motion for imposition of an adult sen tence is heard by the court,
such motion cannot be filed again and argued to the trial court
after arraignment.
2. The district attorney may fi le the motion for the imposition
of an adult sentence no later than thirty (30) days following formal
arraignment. If the motion is properly filed, such motion will be
heard and ruled upon by the trial court.
3. If the accused's attorney indicates to the court that the
accused wishes to plead guilty or nolo c ontendere to the charge or
charges, the court shall notify the district attorn ey. The district
attorney shall have ten (10) days after notification to file the
motion for the imposition of an adult se ntence. If the motion is
properly filed, such motion w ill be heard and ruled upon by the
trial court.
B. If a motion for imposition of an adult sentence was proper ly
filed, the court shall order a certificati on study to be prepared by
the Office of Juveni le Affairs, unless waived by the accused with
approval of the court unless previously prepared pursuant to Section
6 of this act. Upon ordering the certification s tudy, the court
Req. No. 5742 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
shall may order the parent, guard ian, next friend, or other person
legally obligated to care for and support the accused, to pay a fee
to the Office of Juvenile Affairs of not less than O ne Hundred
Dollars ($100.00), nor more than One Thousan d Dollars ($1000.00).
The court shall set a reasonable date for the payment of the fee due
to the Office of Juvenile Affairs for the completion of the
certification study. In hardship cases, the cour t may establish a
payment schedule.
C. When ruling on a motion for the impositi on of an adult
sentence, the court shall consider 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, and the accused's level of
involvement in the offense;
2. Whether the offense was a gainst persons and, if personal
injury resulted, the degree of personal injury, and the statement or
statements of the victim or victims;
3. The record and past history of the accused pe rson including
previous contacts with law enfo rcement agencies and ju venile or
criminal courts, prior periods of proba tion, and commitments to
juvenile facilities or placem ents;
4. The sophistication, age, and maturity of the person and the
capability of distinguishing right f rom wrong as determined by
Req. No. 5742 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
consideration of the person's psychological evaluation, home,
environmental situation, emotional atti tude, and pattern of living;
5. The prospects for adequate prote ction of the public if the
accused person is processed through the juvenile justice system as
either a delinquent or youthful offender;
6. The reasonable likelihood of rehabilitation if the accused
is found to have committed the offense, using programs and
facilities currently available to the court through the juvenile
justice system; and
7. Whether the offense occurred while the accused person was
escaping or on escape status from a facility or placement for
youthful offenders or delinquent children.
D. After the hearing and consideration of the report of the
investigation, the court sha ll certify the person a s eligible for
the imposition of an adult sentence only if the court finds by clear
and convincing evidence that there is good cause to believe that the
accused would not reasonably complete a plan of rehabili tation or
that the public would not be adequate ly protected if the accused
were to be sentenced as a youthful offender.
E. The court, in its decision on a motion for the imposition of
an adult sentence, shall issue a written order and prepare detailed
findings of fact and conclusions of law as to each of the
considerations in subsections C and D of this section, and shall
Req. No. 5742 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
state that the court has considered each of the guidelines in
reaching its decision.
F. The order granting or denying the motion for the imposition
of an adult sentence shall be a fi nal order, appealable to the Court
of Criminal Appeals when entered.
G. An order granting the district attorney's motion for the
imposition of an adult sentence shall not be reviewable by the trial
court.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5742 CMA 12/28/22