Oklahoma 2024 Regular Session

Oklahoma House Bill HB3037 Compare Versions

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Version 2 (New)

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3		-	ENGR. H. B. NO. 3037 Page 1 1
	3	+	HB3037 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 3037 By: Stinson of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30	30
31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Gollihare of the Senate
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	HOUSE BILL 3037 By: Stinson
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38		-	[ criminal procedure - expungement of criminal arrest
39		-	records - qualifications - rights of persons to
	40	+
	41	+	AS INTRODUCED
	42	+
	43	+	An Act relating to criminal procedure; amending 22
	44	+	O.S. 2021, Section 18, as amended by Sectio n 1,
	45	+	Chapter 143, O.S.L. 2022 (22 O.S. Sup p. 2023, Section
	46	+	18), which relates to the expung ement of criminal
	47	+	arrest records; modifying qualifications for persons
	48	+	requesting criminal arrest record expungements;
	49	+	adding category; restoring rights of persons to
40	50		possess firearms or weapons after felony conviction
41		-	expungement - effective date ]
	51	+	expungement; and providing an effective date .
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46	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
47	60		SECTION 1. AMENDATORY 22 O.S. 2021, Section 18, as
48	61		amended by Section 1, Chapter 143, O.S.L. 2022 (22 O. S. Supp. 2023,
49	62		Section 18), is amended to read as follows:
50	63		Section 18. A. Persons authorized to file a motion for
51	64		expungement, as provided herein, must be within o ne of the following
52	65		categories:
53	66		1. The person has been acquitted;
54		-	2. The conviction was r eversed with instructions to dismiss by
55		-	an appellate court of compe tent jurisdiction, or an appellate court
56		-	of competent jurisdiction reversed the conviction and the
57		-	prosecuting agency subsequently dismissed the ch arge;
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59		-	ENGR. H. B. NO. 3037 Page 2 1
	68	+	HB3037 HFLR Page 2
	69	+	BOLD FACE denotes Committee Amendments. 1
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	94	+	2. The conviction was r eversed with instructions to dismiss by
	95	+	an appellate court of compe tent jurisdiction, or an appellate court
	96	+	of competent jurisdiction reversed the conviction and the
	97	+	prosecuting agency subsequently dismissed the ch arge;
84	98		3. The factual innocence of the per son was established by the
85	99		use of deoxyribonucleic acid (DNA) evide nce subsequent to
86	100		conviction, including a person who has been released from prison at
87	101		the time innocence was established;
88	102		4. The person has receiv ed a full pardon by the Governor for
89	103		the crime for which the person was sentenced;
90	104		5. The person was arreste d and no charges of any type,
91	105		including charges for an offense different than that for which the
92	106		person was originally arrested, are filed and the statute of
93	107		limitations has expired or the prosecuting agency has declined to
94	108		file charges;
95	109		6. The person was under eighteen (18) years of age at the time
96	110		the offense was committed and the person has receive d a full pardon
97	111		for the offense;
98	112		7. The person was charged with one or more misdemeanor or
99	113		felony crimes, all charges have been dismissed, the person has nev er
100	114		been convicted of a felony, no misdemeanor or felony charges are
101	115		pending against the person and the statute of limitations for
102	116		refiling the charge or charges has expired or the prosecuti ng agency
103	117		confirms that the charge or charges will not be refiled; provided,
104		-	however, this category shall not apply to charges that have been
105		-	dismissed following the completion of a deferred judgment or delayed
106		-	sentence;
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108		-	ENGR. H. B. NO. 3037 Page 3 1
	119	+	HB3037 HFLR Page 3
	120	+	BOLD FACE denotes Committee Amendments. 1
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	145	+	however, this category shall not apply to charges that have been
	146	+	dismissed following the completion of a deferred judgment or delayed
	147	+	sentence;
133	148		8. The person was charged with a m isdemeanor, the charge was
134	149		dismissed following the successful compl etion of a deferred judgment
135	150		or delayed sentence, the person has never been convicted of a
136	151		felony, no misdemeanor or felony charges are pending aga inst the
137	152		person and at least one (1) year has passed since the charge was
138	153		dismissed;
139	154		9. The person was charg ed with a nonviolent felony offense not
140	155		listed in Section 571 of Title 57 of the Oklahoma Statutes , the
141	156		charge was dismissed following the successf ul completion of a
142	157		deferred judgment or de layed sentence, the person has never been
143	158		convicted of a felony, no misdemeanor or felony charges are pending
144	159		against the person and at least five (5) years have pas sed since the
145	160		charge was dismissed;
146	161		10. The person was convicted of a misdemeanor offense, the
147	162		person was sentenced to a fine of less than Five Hundred One Dollars
148	163		($501.00) One Thousand One Dollars ($1,001.00) without a term of
149	164		imprisonment or a suspended sentence, the fine has been paid or
150	165		satisfied by time served in lieu of the fine, the per son has not
151	166		been convicted of a felony and no felony or misdemeanor charges are
152	167		pending against the pers on;
153		-	11. The person was convicted of a misdemeanor offense, the
154		-	person was sentenced to a term of imprisonment, a suspended sentence
155		-	or a fine in an amount greater than Five Hundred Dollars ($500.00)
156		-	One Thousand Dollars ($1,000.00), the person has not been convicted
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158		-	ENGR. H. B. NO. 3037 Page 4 1
	169	+	HB3037 HFLR Page 4
	170	+	BOLD FACE denotes Committee Amendments. 1
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	195	+	11. The person was convicted of a misdemeanor offense, the
	196	+	person was sentenced to a term of imprisonment, a suspended sentence
	197	+	or a fine in an amount greater than Five Hundred Dollars ($500.00)
	198	+	One Thousand Dollars ($1,000.00), the person has not been convicted
183	199		of a felony, no felon y or misdemeanor charges are pending against
184	200		the person and at least five (5) three (3) years have passed si nce
185	201		the end of the last misdemeanor sentence;
186	202		12. The person was convicted of a nonviolent f elony offense not
187	203		listed in Section 571 of Title 57 of the Oklaho ma Statutes, the
188	204		person has not been convicted of any other felony, the person has
189	205		not been convicted of a separate misdemeanor in the last seven (7)
190	206		five (5) years, no felony or misdemeanor charges a re pending against
191	207		the person and at least five (5) years have pa ssed since the
192	208		completion of the sentence for the felony conviction;
193	209		13. The person was convicted of not more than two or received a
194	210		deferred sentence for one or more felony offenses, none of which is
195	211		a felony offense listed in Section 13 .1 of Title 21 of the Oklahoma
196	212		Statutes or any offense that would require the person to register
197	213		pursuant to the provisions of the Sex Offenders Registration Act, no
198	214		felony or misdemeanor charges are pending against the person, and at
199	215		least ten (10) years have passed since the completion of the
200	216		sentence for the last felony conviction;
201	217		14. The person has been charged or arrested or is the subject
202	218		of an arrest warrant for a crime that was committed by another
203		-	person who has appropriated or used the person 's name or other
204		-	identification without the person 's consent or authoriza tion; or
205		-	15. The person was convicted of or received a deferred sentence
206		-	for a nonviolent felony offense not listed in Section 571 o f Title
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208		-	ENGR. H. B. NO. 3037 Page 5 1
	220	+	HB3037 HFLR Page 5
	221	+	BOLD FACE denotes Committee Amendments. 1
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	246	+	person who has appropriated or used the person 's name or other
	247	+	identification without the person 's consent or authoriza tion; or
	248	+	15. The person was convicted of or received a deferred sentence
	249	+	for a nonviolent felony offense not listed in Section 571 o f Title
233	250		57 of the Oklahoma Statutes which was subsequently reclassified as a
234	251		misdemeanor under Oklahoma law, the person is not currently serving
235	252		a sentence for a crime in this state or another state, at least
236	253		thirty (30) days have passed since the completi on or commutation of
237	254		the sentence for the crime that was reclassified as a misdemeanor,
238	255		any restitution ordered by the court to be paid by the person has
239	256		been satisfied in full, and any treatment program ordered by the
240	257		court has been successfully completed by the person, including any
241	258		person who failed a treatment program which resulted in an
242	259		accelerated or revoked sentence that has since been successfully
243	260		completed by the person or the person can show successful completion
244	261		of a treatment program at a later date. Persons seeking an
245	262		expungement of records under the provisions of this paragraph may
246	263		utilize the expungement forms provided in Section 18a of this title;
247	264		or
248	265		16. A person participating in and successfully compl eting a
249	266		diversion program for either a misdemeanor or felony offense or
250	267		offenses shall be immediately eligible to have the offense or
251	268		offenses expunged after completion of all court-ordered program
252	269		conditions and payment of all fines, fees, costs, and assessments.
253		-	B. For purposes of Section 18 et seq. of this title,
254		-	"expungement" shall mean the sealin g of criminal records, as well as
255		-	any public civil record, involvin g actions brought by and a gainst
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257		-	ENGR. H. B. NO. 3037 Page 6 1
	271	+	HB3037 HFLR Page 6
	272	+	BOLD FACE denotes Committee Amendments. 1
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	297	+	B. For purposes of Section 18 et seq. of this title,
	298	+	"expungement" shall mean the sealin g of criminal records, as well as
	299	+	any public civil record, involvin g actions brought by and a gainst
282	300		the State of Oklahoma arising from the same arrest, transaction o r
283	301		occurrence.
284	302		C. Beginning three (3) years after the effective date of this
285	303		act and subject to the availability of funds, individuals with clean
286	304		slate eligible cases shall be eligible t o have their criminal
287	305		records sealed automatically. For purposes of Section 18 et seq. of
288	306		this title, "clean slate eligible case" shall mean a case wher e each
289	307		charge within the case is pursuant to paragraph 1, 2, 3, 5, 6, 7, 8,
290	308		10, 11, 14 or 15 of subsection A of this section.
291	309		D. For purposes of seeking an expungement under the provisions
292	310		of paragraph 10, 11, 12 or 13 of subsection A of this section,
293	311		offenses arising out of the same transaction or occurrence shal l be
294	312		treated as one conviction and of fense.
295	313		E. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11, 12,
296	314		13, 14 and 15 of subsection A of this section shall be sealed to the
297	315		public but not to la w enforcement agencies for law enforcement
298	316		purposes. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12
299	317		and 13 of subsection A of this section shall be admi ssible in any
300	318		subsequent criminal prosecution to prove the existence of a prior
301	319		conviction or prior deferred judgment without the necessity of a
302	320		court order requesting the unsealing of the records. Records
303		-	expunged pursuant to paragraph 4, 6, 12 or 13 of subsection A of
304		-	this section may also include the sealing of Pardon and Parole Board
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306		-	ENGR. H. B. NO. 3037 Page 7 1
	322	+	HB3037 HFLR Page 7
	323	+	BOLD FACE denotes Committee Amendments. 1
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	348	+	expunged pursuant to paragraph 4, 6, 12 or 13 of subsection A of
	349	+	this section may also include the sealing of Pardon and Parole Board
331	350		records related to an application for a pardon. Such records shall
332	351		be sealed to the public but not to the Pardon and Pa role Board.
333	352		F. Any person who has had a felony conviction expunged pursuant
334	353		to the provisions of this section, and has not been convicted of any
335	354		other felony offense which has not been pardoned or expunged, shall
336	355		have restored the right to possess any firear m or other weapon
337	356		prohibited by subsection A of Section 1283 of Title 21 of the
338	357		Oklahoma Statutes, the right to apply for a nd carry a handgun,
339	358		concealed or unconcealed, pursuant to the provisions of the Oklahoma
340	359		Self-Defense Act or as otherwise permitted b y law, and have the
341	360		right to perform the duties of a peace officer or gunsmith, and for
342	361		purposes of performing firearm repairs.
343	362		SECTION 2. This act shall become effective November 1, 2024.
344		-	Passed the House of Representatives the 12th day of March, 2024.
345	363
346		-
347		-
348		-
349		-	Presiding Officer of the House
350		-	of Representatives
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354		-	Passed the Senate the ___ day of __________, 2024.
355		-
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357		-
358		-
359		-	Presiding Officer of the Senate
	364	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
	365	+	02/28/2024 - DO PASS.