Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB68

Introduced
2/6/23  
Refer
2/7/23  
Report Pass
2/14/23  
Engrossed
3/6/23  
Refer
3/29/23  
Report Pass
4/5/23  
Enrolled
4/27/23  

Caption

Sentencing proceedings; modifying eligibility requirements for jury resentencing. Effective date.

Impact

With the enactment of SB 68, defendants who have faced prejudicial sentencing errors will have clearer pathways to have their sentences reconsidered. The bill mandates that if a case is remanded for resentencing, a new jury should be impaneled unless both the defendant and prosecutor agree to waive this jury resentencing. This change is a crucial adjustment in the state's criminal justice system, ensuring that defendants can effectively challenge flawed sentencing outcomes, thereby upholding their rights in the legal process.

Summary

Senate Bill 68 aims to modify the procedures and eligibility requirements surrounding sentencing proceedings in Oklahoma. The bill empowers appellate courts to set aside sentences if they identify prejudicial errors in sentencing, although it emphasizes that any error must have directly impacted the verdict of guilt. This provision is significant as it allows for more nuanced handling of sentencing appeals and aims to improve the fairness and accuracy of the sentencing process in noncapital criminal cases.

Sentiment

Overall sentiment around SB 68 appears to be positive, with bipartisan support reflected in the voting history where it passed unanimously in the House with 88 votes in favor and none against. Supporters argue that the bill contributes to a more just legal system by allowing for necessary corrections in sentencing. There seems to be an acknowledgment among legislators that procedural fairness is essential in criminal justice, which has led to a widespread endorsement of the bill.

Contention

Despite the bill's positive reception, some concerns were raised about how the changes might complicate the judicial process. Critics question whether the additional administrative duties of potentially holding more jury trials may lead to increased delays in the court system. Furthermore, establishing a new jury panel for resentencing cases could present challenges in terms of resources and logistics for the courts, which some legislators highlighted during discussions.

Companion Bills

No companion bills found.

Previously Filed As

OK SB68

Sentencing proceedings; modifying eligibility requirements for jury resentencing. Effective date.

OK SB25

Sentencing proceedings; modifying eligibility requirements for jury resentencing. Effective date.

OK AB1310

Sentencing: recall and resentencing.

OK SB483

Sentencing: resentencing to remove sentencing enhancements.

OK SB1470

Sentencing; creating the Oklahoma Survivors' Act; directing courts to consider certain mitigating factors in sentencing; establishing procedures for resentencing under certain circumstances. Effective date.

OK H0555

Sentencing Proceedings in Death Penalty Cases

OK HB1639

Sentencing; creating the Domestic Abuse Survivorship Act; sentencing; presentence investigations; effective date.

OK HB1639

Sentencing; creating the Domestic Abuse Survivorship Act; sentencing; presentence investigations; effective date.

OK SB54

Motor vehicles; modifying scope and sentencing provisions for certain offenses. Effective date.

OK HB1095

Criminal procedure; adding sentencing option for the court; establishing requirements; effective date.

Similar Bills

CA AB1793

Cannabis convictions: resentencing.

CA AB972

Proposition 47: resentencing.

CA AB812

Recall and resentencing: incarcerated firefighters.

CA AB600

Criminal procedure: resentencing.

NJ A819

Provides for resentencing of certain inmates.

FL H0591

Resentencing for Persons Serving Mandatory Minimum Sentences

CA SB763

Sentencing: members of military: trauma.

CA AB581

Sentencing: members of military: trauma.