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ENGROSSED HOUSE
BILL NO. 2490 By: Hill of the House
and
Daniels of the Senate
[ criminal procedure – district attorneys – extension
of supervision – dismissal of charges – effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 991a-4.2 of Title 22, unless
there is created a duplication in numbering, reads as follows:
A. Any person who receives a suspended sente nce exceeding five
(5) years in length, pursuant the provisions of Section 991a of
Title 22 of the Oklahoma Statutes, for an offense not listed in
Section 571 of Title 57 of the Oklahoma Statutes, Section 13.1 of
Title 21 of the Oklahoma Statutes, or subsection C, D, E, F, G, or J
of Section 644 of Title 21 of the Oklahoma Statutes, shall, upon
request, receive an early evaluation hearing to determine whether
the length of the suspended sentence should be modifie d.
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B. The early evaluation hearing shall be conducted by the court
which imposed the original suspended sentence.
C. The early evaluation hearing shall not be conducted until
the person has served at least five (5) years of the suspended
sentence. Provided, a person who receives a high school diploma or
high school equivalency diploma, any college -level degree, or a
vocational, technical, or career training certification or degree
while serving his or her suspended sentence, may request an early
evaluation hearing after having served at least four (4) years of
the suspended sentence.
D. At the early evaluation hearing, the court may modify the
length of the suspended sentence when the court is satisfied that
the best interests of the public will not be j eopardized. Provided,
the court shall be pro hibited from modifying the length of the
suspended sentence when the district attorney or victim of the crime
objects to the modification.
E. A person may only receive one early evaluation hearing in a
case without prior approval from the district attorne y.
SECTION 2. This act shall become effective November 1, 2023.
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Passed the House of Representatives the 21st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate