Oklahoma 2024 Regular Session

Oklahoma House Bill HB3612 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
	1	+
	2	+
	3	+	SENATE FLOOR VERSION - HB3612 SFLR Page 1
	4	+	(Bold face denotes Committee Amendments) 1
	5	+	2
	6	+	3
	7	+	4
	8	+	5
	9	+	6
	10	+	7
	11	+	8
	12	+	9
	13	+	10
	14	+	11
	15	+	12
	16	+	13
	17	+	14
	18	+	15
	19	+	16
	20	+	17
	21	+	18
	22	+	19
	23	+	20
	24	+	21
	25	+	22
	26	+	23
	27	+	24
	28	+
	29	+	SENATE FLOOR VERSION
	30	+	April 2, 2024
	31	+
	32	+
	33	+	ENGROSSED HOUSE
3	34		BILL NO. 3612 By: Harris, Hill, and West
4	35		(Tammy) of the House
5	36
6	37		and
7	38
8	39		Gollihare of the Senate
9	40
10	41
11	42
12	43
13	44
14	45		An Act relating to criminal procedure; authorizing
15	46		courts to hold execution of prison sentences in
16	47		abeyance under certain circumstances; providing for
17	48		the completion of prison sentences with the
18	49		Department of Corrections upon release from federal
19	50		custody; providing exceptions; directing courts to
20	51		make certain considerations; creating rebuttable
21	52		presumption upon motions being filed; assigning
22	53		certain responsibilities to the Department;
23	54		prohibiting the release of offenders from custody
24	55		until federal authoriti es take custody; providing
25	56		exception for offenders sentenced to death; providing
26	57		for codification; an d providing an effective date.
27	58
28	59
29	60
30	61
31		-	SUBJECT: Criminal procedure
32	62
33	63		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
34		-
35	64		SECTION 1. NEW LAW A new section of law to be codified
36	65		in the Oklahoma Statutes as Section 982b of Title 22, unless there
37	66		is created a duplica tion in numbering, reads as follows:
38		-
39	67		A. Upon motion of the district attorney of the county from
40	68		which a sentence was imposed, the court may hold execution of a
41	69		sentence of imprisonment in abeyance if the offender has a pending
	70	+
	71	+	SENATE FLOOR VERSION - HB3612 SFLR Page 2
	72	+	(Bold face denotes Committee Amendments) 1
	73	+	2
	74	+	3
	75	+	4
	76	+	5
	77	+	6
	78	+	7
	79	+	8
	80	+	9
	81	+	10
	82	+	11
	83	+	12
	84	+	13
	85	+	14
	86	+	15
	87	+	16
	88	+	17
	89	+	18
	90	+	19
	91	+	20
	92	+	21
	93	+	22
	94	+	23
	95	+	24
	96	+
42	97		sentence of incarceration to be served in the custody of t he United
43	98		States Bureau of Prisons or successor federal agency.
44		-
45	99		B. Any offender whose sentence has been held in abeyance
46		-	pending execution of a federal sentence pursuant to subsection A of ~~ENR. H. B. NO. 3612 Page 2~~
	100	+	pending execution of a federal sentence pursuant to subsection A of
47	101		this section shall be returned to th e Department of Corrections to
48	102		complete execution of his or her sentence upon release from federal
49	103		custody, unless the remainder of the sentence of the offender has
50	104		been discharged, vacated, paroled, or commuted while the offender
51	105		was in federal custody.
52		-
53	106		C. In determining whether to h old the execution of a sentence
54	107		in abeyance pending execution of a federal sentence, the court shall
55	108		consider the safety of the public, personnel of the Department of
56	109		Corrections, personnel of law enforcement agencies, other i nmates,
57	110		and the offender. The filing of a motion to hold the execution of a
58	111		sentence in abeyance by the district attorney shall create a
59	112		rebuttable presumption that it is in the public interest to hold the
60	113		sentence in abeyance and that the motion shall be granted.
61		-
62	114		D. The Department o f Corrections shall be responsible for
63	115		transportation of the offender from federal custody to state custody
64	116		upon the release of the offender from federal custody.
65		-
66	117		E. An offender whose sentence has been held in abeyance pendin g
67	118		execution of a federal sentence shall not be released from the
68	119		custody of the Department of Corrections until and unless federal
69	120		authorities take custody of the offender. In no event shall an
	121	+
	122	+	SENATE FLOOR VERSION - HB3612 SFLR Page 3
	123	+	(Bold face denotes Committee Amendments) 1
	124	+	2
	125	+	3
	126	+	4
	127	+	5
	128	+	6
	129	+	7
	130	+	8
	131	+	9
	132	+	10
	133	+	11
	134	+	12
	135	+	13
	136	+	14
	137	+	15
	138	+	16
	139	+	17
	140	+	18
	141	+	19
	142	+	20
	143	+	21
	144	+	22
	145	+	23
	146	+	24
	147	+
70	148		order holding execution of a state sentence in abeyance pursu ant to
71	149		this section result in the release of the offender from both state
72	150		and federal custody simultaneously.
73		-
74	151		F. The provisions of this section shall not apply to any
75	152		offender who has been sentenced to death and whose death sentence
76	153		remains valid.
77		-
78	154		SECTION 2. This act shall become effective November 1, 2024.
79		-	ENR. H. B. NO. 3612 Page 3
80		-	Passed the House of Rep resentatives the 13th day of March, 2024.
81		-
82		-
83		-
84		-
85		-	Presiding Officer of the House
86		-	of Representatives
87		-
88		-
89		-
90		-	Passed the Senate the 22nd day of April, 2024.
91		-
92		-
93		-
94		-
95		-	Presiding Officer of the Senate
96		-
97		-
98		-	OFFICE OF THE GOVERNOR
99		-	Received by the Office of the Governor this ____________________
100		-	day of ___________________, 20_______, at _______ o'clock _______ M.
101		-	By: _________________________________
102		-	Approved by the Governor of the State of Oklahoma this _____ ____
103		-	day of ___________________, 20_______, at _______ o'clock _______ M.
104		-
105		-
106		-	_________________________________
107		-	Governor of the State of Oklahoma
108		-
109		-	OFFICE OF THE SECRETARY OF STATE
110		-	Received by the Office of the Sec retary of State this __________
111		-	day of ___________________, 20_______, at _______ o'clock _______ M.
112		-	By: _________________________________
	155	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	156	+	April 2, 2024 - DO PASS