An Act
ENROLLED HOUSE
BILL NO. 3612 By: Harris, Hill, and West
(Tammy) of the House
and
Gollihare of the Senate
An Act relating to criminal procedure; authorizing
courts to hold execution of prison sentences in
abeyance under certain circumstances; providing for
the completion of prison sentences with the
Department of Corrections upon release from federal
custody; providing exceptions; di recting courts to
make certain considerations; creating rebuttable
presumption upon motions being filed; assigning
certain responsibilities to the Department;
prohibiting the release of offenders fro m custody
until federal authorities take custody; providing
exception for offenders sentenced to death; providing
for codification; and providing an effective date.
SUBJECT: Criminal procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 982b of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. Upon motion of the district attorney of the county f rom
which a sentence was imposed, the court may hold execution of a
sentence of imprisonment in abeyance if the offender has a pending
sentence of incarceration to be served in the custody of the United
States Bureau of Prisons or successor federal agency.
B. Any offender whose sentence has been held in abeyance
pending execution of a federal sentence pursuant to subsection A of ENR. H. B. NO. 3612 Page 2
this section shall be returned to the Department of Corrections to
complete execution o f his or her sentence upon release from f ederal
custody, unless the remainder of the sentence of the offender has
been discharged, vacated, paroled, or commuted while the offender
was in federal custody.
C. In determining whether to hold the execution of a sentence
in abeyance pending execution of a federal sentence, the court shall
consider the safety of the public, personnel of the Department of
Corrections, personnel of law enforcement agencies, other inmates,
and the offender. The filing of a motion to hold the execution of a
sentence in abeyance by the district attorney shall create a
rebuttable presumption that it is in the public interest to hold the
sentence in abeyance and that the moti on shall be granted.
D. The Department of Corrections shall be responsible for
transportation of the off ender from federal custody to state c ustody
upon the release of the offender from federal custody.
E. An offender whose sentence has been held in abeyance pending
execution of a federal sentence shall not be released from the
custody of the Department of Corrections until and unless federal
authorities take custody o f the offender. In no event shall an
order holding execution of a state sentence in abeyance pursuant to
this section result in the release of the offender from both state
and federal custody simultaneously.
F. The provisions of this section shall not ap ply to any
offender who has been sentenced to death and whose death sentence
remains valid.
SECTION 2. This act shall become effective November 1, 2024.
ENR. H. B. NO. 3612 Page 3
Passed the House of Rep resentatives the 13th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the 22nd day of April, 2024.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Sec retary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________