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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 325 By: Daniels
AS INTRODUCED
An Act relating to criminal prosecutions; am ending 22
O.S. 2021, Sections 812.1 and 812.2, which relate to
right to speedy trial; modify ing time limits for
conducting certain criminal proceedings; updating
statutory references; limiting number of continuances
on certain grounds; increasing frequency of certain
required review; updating sta tutory language; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 812.1, is
amended to read as fol lows:
Section 812.1. A. If any person charged with a crime and held
in jail solely by reason thereof is not brought to trial within one
(1) year after arrest two hundred seventy-two (272) days after the
person’s initial appearance on the charge, the court shall set the
case for immediate rev iew as provided in Section 2 812.2 of this act
title, to determine if the right of the accused to a speedy trial is
being protected.
B. If any person charged with a felony crime who is held to
answer on an appearance bond is not brought to trial within ei ghteen
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(18) months after arrest initial appearance, the court shall set the
case for immediate review as provided in Section 2 812.2 of this
act, title to determine if the right of the accused to a speedy
trial is being protected.
C. In the event a mistri al is declared or a convic tion is
reversed on appeal, the time limitations provided for in this
section shall commence to run from the date the mistrial is declared
or the date of the mandate of the Court of Criminal Appeals.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 812.2, is
amended to read as follows:
Section 812.2. A. Whenever the court finds that a case should
be reviewed to determine if the right of an accused to a speedy
trial is being protected, the court shall:
1. Issue notice to the District Attorney district attorney, the
accused, and the attorney for the accuse d that the case will be
reviewed by the court at a date and time which is not less than ten
(10) days nor more than twenty (20) days from the date of the
notice. Each party shall have the opportunity to prese nt evidence
or legal authority in support of it s position; and
2. Take evidence from both parties regarding the
appropriateness of the cause for the delay. At the hearing, the
court shall consider whethe r the delay has occurred f or any of the
following reasons:
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a. the delay is the result of due to the application of
the accused or an attorney on behalf of the accused,
b. the delay is the result of due to the fault of the
accused or the attorney for the ac cused,
c. the accused is incompetent to stand trial ,
d. a proceeding to determine the competency o f the accused
to stand trial is pending and a determination cannot be
completed within the time limitations fixed for trial,
e. there is material evidence or a material witness which
is unavailable and that re asonable efforts have been
made to procure such evidence or witness, and there are
reasonable grounds to believe that such evidence or
witness can be obtained and trial commenced within a
reasonable time,
f. the accused is charged as a codefendant or
coconspirator and the court has determined that the
codefendants or coconspirators must be tried before
separate juries taken from separate jury panels,
g. the court has other cases pending for trial that are
for persons incarcerated pr ior to the case in questi on,
and the court does not have sufficient time to commence
the trial of the case within the time limitation fixed
for trial; provided, no more than three conti nuances of
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not more than thirty (30) days may be ordered pursuant
to this subparagraph,
h. the court, state, accused, or the attorney for the
accused is incapable of proceeding to trial due to
illness or other reason and it is unreasonable to
reassign the case, and
i. due to other reasonable grounds the court does not have
sufficient time to commence the trial of the case
within the time limit fi xed for trial; provided, no
more than three continuances of not mor e than thirty
(30) days may be ordered pursuant to this subparagraph .
B. If, after After hearing all the evidence an d the legal
arguments properly submitted, if the court finds by a prepon derance
of the evidence that the state is not proceeding with due diligence,
that none of the exceptions set out in paragraph 2 of subsection A
of this section justify additional delay and the right of the
accused to a speedy trial has been violated, the c ourt shall dismiss
the case.
C. If a preliminary hearing has been held, the case may be
refiled, unless the applicable statute of limitations has expired,
upon a showing of newly disc overed evidence which cou ld not have
been discovered prior to trial , unless the applicable statute of
limitations has expired.
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D. If a preliminary hearing has not been held, the case may be
refiled, upon good cause shown , unless any applicable statute of
limitations has expired.
E. If, after After hearing all the evidence an d the legal
arguments properly submi tted, if the court finds that the right of
the accused to a speedy trial has not been violated, the court shall
set the case for review in four (4) within three (3) months. If the
case is still pending after the four-month three-month period, the
court shall conduct another review within thirty (30) days. The
four-month review of pending cases every thirty (30) days shall be a
continuing responsibil ity of the court until final disposition of
the case.
SECTION 3. This act shall become effective November 1, 2023.
59-1-658 TEK 1/13/2023 10:38:02 AM