ENGR. S. A. TO ENGR. H. B. NO. 2490 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
ENGROSSED SENATE AMENDMENT
TO
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 ]
AUTHOR: Add the following House Coauthor: Pae
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
and entire bill and insert
“An Act relating to criminal procedure; authorizing
early evaluation hearing after specified time period
for persons receiving suspe nded or split sentence;
authorizing court to modify certain sentences;
establishing requirements for eligibility for
modification of certain sentences; authorizing
certain hearing under certain circumstances;
requiring certain written notice; specifying ti me
period for certain objection or response; authorizing
extension of certain time period; establishing
requirements for request for certain hearing;
prohibiting certain conditions in plea agreement or
imposed sentence; requiring District Attorneys
Council to provide certain list to designated
officials upon request; establishing deadlines for
certain request and response; providing for
codification; and providing an effective date.
ENGR. S. A. TO ENGR. H. B. NO. 2490 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
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
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 numb ering, reads as follows:
A. 1. Any person who receives a suspended sentence that
exceeds five (5) years pursuant to the provisions of Section 991a of
this title for an offense not listed in Section 13.1 or subsection
C, D, E, F, G, or J of Section 644 of Title 21 of the Oklahoma
Statutes or Section 571 or 582 of Title 57 of the Oklahoma Statutes
shall, upon request, receiv e an early evaluation hearing after five
(5) years to determine whether the le ngth of the suspended sentence
should be modified.
2. Any person who receives a split sentence pursuant to the
provisions of Section 991a of Title 22 of the Oklahoma Statutes for
an offense not listed i n Section 13.1 or subsection C, D, E, F, G,
or J of Section 644 of Title 21 of the Oklahoma Statutes or Section
571 or 582 of Title 57 of the Oklahoma Statutes and the suspended
portion of the senten ce exceeds five (5) years shall, upon request,
receive an early evaluation hearing after five (5) years of ser ving
the suspended portion of the split sentence to determine whether the
length of the split sentence should be modified.
ENGR. S. A. TO ENGR. H. B. NO. 2490 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
B. Upon an early evaluation hearing conducted pursuant to
subsection A of this section, the court may modify the length of the
suspended sentence or split sen tence when:
1. The person has completed all requireme nts of his or her
probation, including treatment and rehabilitativ e programming;
2. The person had no criminal violations duri ng the term of
probation;
3. The person has no pending revocation hearings ; and
4. The district attorney does not object on behalf of the state
or the victim or victims of the offense. Any such objection shall
be made in writing, specify on behalf of wh om the objection is made,
and include the specific reason or reasons for the objection.
C. A person may request an early evaluation hearing one (1)
year earlier than prescribed in subsection A of this section and the
court may modify the length of the su spended sentence or split
sentence when:
1. The person received a high school or high school equivalency
diploma, any college -level degree, or a vocational, technical, or
career training certific ation or degree while serving his or her
sentence, or when the person has maintained consistent employment
throughout his or her probation period;
2. The person has completed all requirements of his or her
probation, including treatment and rehabilitative programming;
ENGR. S. A. TO ENGR. H. B. NO. 2490 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
3. The person had no criminal violations du ring the term of
probation;
4. The person has no pe nding revocation hearings; and
5. The district attorney does not object on behalf of the state
or the victim or victims of the offense. Any such objection shall
be made in writing, specify on behalf of whom the objection is made,
and include the specific reason or reasons for the objection.
D. Written notice shall be made to the appropriate district
attorney within fifteen (15) days of the filing of a request
pursuant to subsection A or C of this section. The district
attorney shall have forty -five (45) days from the date the no tice
was received to object or ot herwise respond. The Court may, upon
request of the district attorney, grant a single fifteen-day
extension to object or otherwise respond.
E. An offender may only request one early evaluation he aring in
a case pursuant to subsection A of this section without prior
approval from the district attorney.
F. No person shall be prohibited from an early evaluation
hearing as a condition of a plea a greement or imposed sentence if
otherwise qualified pur suant to subsection A of this section.
G. The President Pro Tempore of the Senate, the Speaker of the
House of Representati ves, or the Governor may request the District
Attorneys Council to provide a list of early termination
applications made and copies of any objections or other responses to
ENGR. S. A. TO ENGR. H. B. NO. 2490 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
such applications during the prior fiscal year. Such request shall
be made no later than July 31 and shall be fulfilled no later than
November 30.
SECTION 2. This act shall become effective July 1, 2024.”
Passed the Senate the 26th day of April, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of _ _________,
2023.
Presiding Officer of the House
of Representatives
ENGR. H. B. NO. 2490 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
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 3. 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 n umbering, 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.
ENGR. H. B. NO. 2490 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
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 th e 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, m ay 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 eval uation hearing in a
case without prior approval from the district attorne y.
SECTION 4. This act shall become effective November 1, 2023.
ENGR. H. B. NO. 2490 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
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