Oklahoma 2023 Regular Session

Oklahoma House Bill HB2210 Latest Draft

Bill / Enrolled Version Filed 05/10/2023

                            An Act 
ENROLLED 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. 
 
 
 
 
SUBJECT: Juveniles 
 
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 
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 ot herwise applicable sentence; or  ENR. H. B. NO. 2210 	Page 2 
 
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. 
 
 
  ENR. H. B. NO. 2210 	Page 3 
 
Passed the House of Repre sentatives the 9th day of May, 2023. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
Passed the Senate the 18th day of April, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this _____ _______________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________