Oklahoma 2023 2023 Regular Session

Oklahoma House Bill HB2210 Amended / Bill

Filed 04/12/2023

                     
 
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SENATE FLOOR VERSION 
April 11, 2023 
 
 
COMMITTEE SUBSTITUTE 
FOR ENGROSSED 
HOUSE BILL NO. 2210 	By: Stark, West (Kevin), and 
Pittman of the House 
 
  and 
 
  Weaver and Boren of the 
Senate 
 
 
 
 
 
An Act relating to juveniles; defining term; 
authorizing courts to depart from certain sentencing 
requirements; providing for codification; and 
providing an effective date. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.    NEW LAW     A new section of law to be codi fied 
in the Oklahoma Statutes as Section 2-5-401 of Title 10A, unless 
there is created a duplication in numbering, reads as follows: 
A.  As used in this section, “mandatory minimum” means the 
minimum number of years of imprisonment a person is required to 
serve based on the felony or misdemeanor offense. 
B.  If a minor is convicted as an adult for an off ense that the 
minor committed when he or she was under eighteen (18) years o f age 
and the court finds by clear and convincing eviden ce that the person 
against whom the minor was convicted of committing the offense   
 
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trafficked the minor or sexually abused or sexually assaulted the 
minor within ninety (90) days before the commission of t he offense, 
the court may: 
1.  Depart from the manda tory minimum sentence or sentence 
enhancement; 
2.  Suspend any portion of an otherwise applicable sentence; or 
3.  Transfer the minor to the jurisdiction of the juvenile 
division of the district court for further proceedings. 
SECTION 2.  This act shall become effe ctive November 1, 2023. 
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY 
April 11, 2023 - DO PASS AS AMENDED BY CS