Oklahoma 2024 Regular Session

Oklahoma House Bill HB2387

Introduced
2/6/23  

Caption

Criminal procedure; authorizing the Office of Public Guardian to have standing to participate in certain proceedings; effective date.

Impact

The bill introduces changes that will extensively influence how incompetency due to intellectual disability is handled in criminal law. It allows the Office of Public Guardian to have standing in competency proceedings and mandates the court to follow certain protocols when evaluating an individual's competency. This shift may enhance the protections for individuals with disabilities and ensure that their needs are taken into consideration within the justice system.

Summary

House Bill 2387 focuses on the procedures for determining the competency of individuals involved in criminal cases, particularly those with intellectual disabilities. The bill amends multiple sections of Oklahoma's criminal procedure to clarify the roles of the Office of Public Guardian and establish the rights and processes for individuals deemed incompetent to stand trial. By doing so, it aims to ensure that defendants receive fair treatment while considering their mental health status during legal proceedings.

Contention

Debates surrounding HB2387 may arise regarding the balance between public safety and the rights of individuals with mental disabilities. While proponents advocate for the increased involvement of guardianship services to protect vulnerable individuals, critics may argue that such measures could lead to misunderstanding or misapplication of the law, potentially exacerbating the stigma around mental health. The bill’s provisions could also raise questions about resource allocation for mental health evaluations and the effectiveness of the proposed interventions.

Companion Bills

OK HB2387

Carry Over Criminal procedure; authorizing the Office of Public Guardian to have standing to participate in certain proceedings; effective date.

Previously Filed As

OK HB2387

Criminal procedure; authorizing the Office of Public Guardian to have standing to participate in certain proceedings; effective date.

OK SB771

Determination of competence; providing for standing for Office of Public Guardian to participate in certain proceedings. Effective date.

OK SB552

Determination of competence; modifying procedures for treatment for restoration of competency; requiring criminal proceedings to be resumed within certain time period upon determination of competency. Emergency.

OK HB1621

Criminal procedure; insanity of accused; modifying membership of the Forensic Review Board; effective date.

OK HB2828

Criminal procedure; authorizing drug court teams to recommend program participants; effective date.

OK SB122

Criminal procedure; authorizing court to order certain offender to pay child support. Effective date.

OK HB2616

Guardianship and ward; guardians of minors; copy; effective date.

OK SB493

Mental health courts; authorizing use of certified therapeutic dog in certain court proceedings. Effective date.

OK HB2224

Criminal procedure; authorizing criminal background investigations for certain defendants; effective date.

OK SB1042

Guardianship; authorizing application for court order for transportation of a ward to an inpatient treatment facility; establishing criteria for certain determination. Effective date.

Similar Bills

OK SB771

Determination of competence; providing for standing for Office of Public Guardian to participate in certain proceedings. Effective date.

OK SB771

Determination of competence; providing for standing for Office of Public Guardian to participate in certain proceedings. Effective date.

OK HB2387

Criminal procedure; authorizing the Office of Public Guardian to have standing to participate in certain proceedings; effective date.

OK SB1089

Determination of competency; modifying procedures for proceedings for restoration of competency; requiring certain reporting. Effective date.

OK HB3205

Fees and costs; Juvenile Code; costs of representation in certain proceedings; effective date; emergency.

OK SB552

Determination of competence; modifying procedures for treatment for restoration of competency; requiring criminal proceedings to be resumed within certain time period upon determination of competency. Emergency.

OK SB552

Determination of competence; modifying procedures for treatment for restoration of competency; requiring criminal proceedings to be resumed within certain time period upon determination of competency. Emergency.

OK HB1621

Criminal procedure; insanity of accused; modifying membership of the Forensic Review Board; effective date.