Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB77 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 77 By: Howard of the Senate
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8	38		and
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10	40		Moore of the House
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15	45		An Act relating to the Youthful Offender Act;
16	46		amending Section 7, Chapter 375, O.S.L. 2022 (10A
17	47		O.S. Supp. 2022, Section 2 -5-207A), which relates to
18	48		motion for imposition of adult sentence; updating
19	49		statutory reference; making the issuance of court
20	50		order to pay certain fee permissive; updating
21	51		statutory language; and declaring an emergency.
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27		-	SUBJECT: Youthful Offender Act
28		-
29	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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31	58		SECTION 1. AMENDATORY Section 7, Chapter 375, O.S.L.
32	59		2022 (10A O.S. Supp. 2022, Section 2 -5-207A), is amended to read as
33	60		follows:
34		-
35	61		Section 2-5-207A. A. Whenever the district attorney determines
36	62		there is good cause to believe that the person charged as a youthful
37	63		offender would not reason ably complete a plan of rehabilitation or
38	64		the public would not be adequately protected if the person were to
39	65		be sentenced as a youthful offender, the district attorney may file
40	66		a motion for the imposition of an adult sentence. The district
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	68	+	SB77 HFLR Page 2
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41	94		attorney may elect when to file the motion for the imposition of an
42	95		adult sentence as set forth as follows:
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44	96		1. The district attorney may file the motion for the imposition
45	97		of an adult sentence no later than fourteen (14) days prior to the
46	98		start of the preliminary hearin g. If the motion is properly filed
47		-
48		-	ENR. S. B. NO. 77 Page 2
49	99		prior to preliminary hearing, the court shall rule on such motion
50	100		prior to a ruling to bind the person over for trial. Once the
51	101		motion for imposition of an adult sen tence is heard by the court,
52	102		such motion cannot be filed again and argued to the trial court
53	103		after arraignment.
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55	104		2. The district attorne y may file the motion for the imposition
56	105		of an adult sentence no later than thirty (30) days following formal
57	106		arraignment. If the motion is properly filed, such motion will be
58	107		heard and ruled upon by the trial court.
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60	108		3. If the accused’s attorney indicates to the court that the
61	109		accused wishes to plead guilty or nolo contendere to the charge or
62	110		charges, the court shall notify the district attorney. The district
63	111		attorney shall have ten (10) days after notification to file the
64	112		motion for the imposition of an adult sentence. If the motion is
65	113		properly filed, such motion will be heard and ruled up on by the
66	114		trial court.
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68	115		B. If a motion for imposition of an adult sentence was proper ly
69	116		filed, the court sha ll order a certificat ion study to be prepared by
70	117		the Office of Juvenile Affairs, unless waived by the accused with
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	119	+	SB77 HFLR Page 3
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71	145		approval of the court unless prev iously prepared pursuant to Section
72	146		6 2-5-206A of this act title. Upon ordering the certification
73	147		study, the court shall may order the parent, guard ian, next friend,
74	148		or other person legally obligated to care for and support the
75	149		accused, to pay a fee to the Office of Juvenile Affairs of not less
76	150		than One Hundred Dollars ($100.00), nor more than One Thousand
77	151		Dollars ($1000.00) ($1,000.00). The court shall set a reasonable
78	152		date for the payment of the fee due to the Office of Juvenile
79	153		Affairs for the completi on of the certification study. In hardship
80	154		cases, the court may establish a payment schedule.
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82	155		C. When ruling on a motion for the impositi on of an adult
83	156		sentence, the court shall consider the following guidelines with
84	157		greatest weight to be given to paragr aphs 1, 2, and 3:
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86	158		1. Whether the alleged offense was committed in an aggressive,
87	159		violent, premeditated, or willful manner, and the accused’s level of
88	160		involvement in the offense;
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91		-	ENR. S. B. NO. 77 Page 3
92	161		2. Whether the offense was against persons and, if personal
93	162		injury resulted, the degree of personal injury, and the statement or
94	163		statements of the victim or victims;
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96	164		3. The record and past hist ory of the accused pe rson including
97	165		previous contacts with law enforcement agencies and juvenile or
98	166		criminal courts, prior periods of prob ation, and commitments to
99	167		juvenile facilities or placements;
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101	195		4. The sophistication, age, and maturity of the person and the
102	196		capability of distinguishing right f rom wrong as determined by
103	197		consideration of the person’s psychological evaluation, home,
104	198		environmental situation, emotional at titude, and pattern of living;
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106	199		5. The prospects for adequate prote ction of the public i f the
107	200		accused person is processed through the juvenile justice system as
108	201		either a delinquent or youthful offender;
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110	202		6. The reasonable likelihood of rehabilitation if the accused
111	203		is found to have committed the offense, using programs and
112	204		facilities currently available to the court through the juvenile
113	205		justice system; and
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115	206		7. Whether the offense occurred while the accused person was
116	207		escaping or on escape status from a facility or placement for
117	208		youthful offenders or delinquent children.
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119	209		D. After the hearing and consideration of the report of the
120	210		investigation, the court shall certify the person as eligible for
121	211		the imposition of an adult sentence only if the court finds by clear
122	212		and convincing evidence that there is good cause to believe that the
123	213		accused would not reasonably complete a plan of rehabili tation or
124	214		that the public would not be adequately protected if the accused
125	215		were to be sentenced as a youthful offender.
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127	216		E. The court, in its decision on a motion for the imposition of
128	217		an adult sentence, shall issue a written order and prepare detailed
129	218		findings of fact and conclusions of law as to each of the
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130	246		considerations in subsections C and D of this section, and shall
131	247		state that the court has considered each of the guidelines in
132	248		reaching its decision.
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135		-	ENR. S. B. NO. 77 Page 4
136	249		F. The order granting or denying the motion for the imposition
137	250		of an adult sentence shall be a final order, appealable to the Court
138	251		of Criminal Appeals when entered.
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140	252		G. An order granting the district attorney’s motion for the
141	253		imposition of an adult sentence shall not be reviewable by the trial
142	254		court.
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144	255		SECTION 2. It being immediately necessary for the preservation
145	256		of the public peace, health or safety, an emergency is hereby
146	257		declared to exist, by reason whereof thi s act shall take effect and
147	258		be in full force from and after its passage an d approval.
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150		-	ENR. S. B. NO. 77 Page 5
151		-	Passed the Senate the 14th day of February, 2023.
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153		-
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155		-	Presiding Officer of the Se nate
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158		-	Passed the House of Represen tatives the 19th day of April, 2023.
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162		-	Presiding Officer of the House
163		-	of Representatives
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165		-	OFFICE OF THE GOVERNOR
166		-	Received by the Office of the Governor this _______ _____________
167		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
168		-	By: _______________________________ __
169		-	Approved by the Governor of the State of Oklahoma this _____ ____
170		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
171		-
172		-	_________________________________
173		-	Governor of the State of Oklahoma
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175		-
176		-	OFFICE OF THE SECRETARY OF STATE
177		-	Received by the Office of the Secretary of State this _______ ___
178		-	day of __________________, 20 _______, at _______ o'clock _______ M.
179		-	By: _______________________________ __
	260	+	COMMITTEE REPORT BY: COMMITT EE ON JUDICIARY - CRIMINAL, dated
	261	+	04/05/2023 - DO PASS.