An Act
ENROLLED SENATE
BILL NO. 68 By: Daniels of the Senate
and
Worthen of the House
An Act relating to sentencing proceedings; amending
22 O.S. 2021, Section 929, which relates to new
sentencing proceedings; modifying eligibility
requirements for jury resentencing; authorizing
waiver of certain resentenc ing; requiring
reinstatement of sentence upon certain waiver;
prohibiting appeal of reinstated sentence;
authorizing certain testimony; deleting retroactive
applicability of certain provisions; updating
statutory references; and providing an effective
date.
SUBJECT: Resentencing proceedings
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 929, is
amended to read as follow s:
Section 929. A. Upon any appeal of a conviction by the
defendant in a noncapital criminal case, the appellate court, if it
finds prejudicial error in the sentenci ng proceeding only, may set
aside the sentence rendered and remand the case to the trial court
in the jurisdiction in which the defendant was originally sentenced
for resentencing. N o error in the sentencing proceeding shall
result in the reversal of the conviction in a criminal case unless
the error directly affected the determination of gu ilt.
ENR. S. B. NO. 68 Page 2
B. When a criminal case is remanded for vacation of a sentence,
the court may shall:
1. Set the case for a nonjury sentencing proceeding; or
2. If the defendant or the prosecutor so requests in wri ting
was originally sentenced by a jury , impanel a new sentencing jury
unless jury resentencing is waived by the defendant and the
prosecutor.
C. If a written request for a jury trial is filed within twenty
(20) days of the date of the appellate court ord er, the trial court
shall impanel a new jury fo r the purpose of conducting a new
sentencing proceeding.
1. The defendant may affirmatively waive resentencing before
the appropriate trial court within ninety (90) days o f the appellate
court order remanding for resentencing; provided, however, the
defendant may not waive resentencing after the commencement of the
resentencing hearing or t rial. The defendant may not waive
resentencing on an appeal or petition for a writ o f extraordinary
relief sought by the prosecution or if the original sentence was
unlawful. If the defendant affirmatively waives resentencing
pursuant to this subsection, the original sentence shall be
reinstated by the trial court. A sentence reinstated pursuant to
this subsection shall no t be appealable by the defendant.
D. All exhibits and a transcript of all testimony and other
evidence properly admitted in the prior trial and sentencing shall
be admissible in the new sentencing proceeding. The defendant may
testify at his or her resen tencing proceeding in accordance with the
requirements of the Oklahoma Evidence Code. Additional relevant
evidence may be admitted including tes timony of witnesses who
testified at the previous trial.
2. The provisions of this section are procedural and shall
apply retroactively to any defendant s entenced in this state.
D. E. This section shall not be construed to amend or be in
conflict with the provisions of Section 701.10 or 701.10a of Title
21 of the Oklahoma Stat utes relating to sentencing and resen tencing
in death penalty cases; Section 438 860.1 of this act title relating
ENR. S. B. NO. 68 Page 3
to the trial procedure for defendants prosecuted for second or
subsequent offense; or the provisions of Sections 439 926.1 and 440
927.1 of this act title relating to assessment o f punishment in the
original trial proceedi ngs.
SECTION 2. This act shall become effective November 1, 2023.
ENR. S. B. NO. 68 Page 4
Passed the Senate the 2nd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 26th day of April, 2023.
Presiding Officer of the House
of Representatives
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: _______________________________ __