Oklahoma 2024 Regular Session

Oklahoma House Bill HB3960 Compare Versions

Version 1 (Old)

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1		-	An Act
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3	34		BILL NO. 3960 By: Echols and Hardin of the
4	35		House
5	36
6	37		and
7	38
8	39		Rosino of the Senate
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14	45		An Act relating to driving under the influence;
15	46		amending 22 O.S. 2021, Section 991a, as amended by
16	47		Section 4, Chapter 310, O.S.L. 2023 (22 O.S. Supp.
17	48		2023, Section 991a), which relates to sentencing
18	49		powers of the court; removing probation exception for
19	50		felony DUI; applying probation consistently across
20	51		all felonies; and providing an effective date .
21	52
22	53
23	54
24		-	~~SUBJECT: Driving under the influence~~
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25	56
26	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
27		-
28	58		SECTION 1. AMENDATORY 22 O.S. 2021, Section 991a, as
29	59		amended by Section 4, Chapter 310, O.S.L. 2023 (22 O.S. Supp. 2023,
30	60		Section 991a), is amended to read as follows:
31		-
32	61		Section 991a. A. Except as otherwise provided in the Elderly
33	62		and Incapacitated Victim 's Protection Program, when a defendant is
34	63		convicted of a crime and no death sentence is imposed, the court
35	64		shall either:
36		-
37	65		1. Suspend the execution of sentence in whole or in part, with
38	66		or without probation. The court, in addition, may order the
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39	94		convicted defendant at the time of sentencing or at any time during
40	95		the suspended sentence to do one or more of the following:
41		-
42	96		a. to provide restitution to the victim as provided by
43	97		Section 991f et seq. o f this title or according to a
44	98		schedule of payments established by the sentencing
45	99		court, together with interest upon any pecuniary sum
46		-	at the rate of twelve percent (12%) per annum, if the ~~ENR. H. B. NO. 3960 Page 2~~
	100	+	at the rate of twelve percent (12%) per annum, if the
47	101		defendant agrees to pay such restitution or, in the
48	102		opinion of the court, if the defendant is able to pay
49	103		such restitution without imposing manifest hardship on
50	104		the defendant or the immediate family and if the
51	105		extent of the damage to the victim is determinable
52	106		with reasonable certainty,
53		-
54	107		b. to reimburse any state agency fo r amounts paid by the
55	108		state agency for hospital and medical expenses
56	109		incurred by the victim or victims, as a result of the
57	110		criminal act for which such person was convicted,
58	111		which reimbursement shall be made directly to the
59	112		state agency, with interest accru ing thereon at the
60	113		rate of twelve percent (12%) per annum,
61		-
62	114		c. to engage in a term of community service without
63	115		compensation, according to a schedule consistent with
64	116		the employment and family responsibilities of the
65	117		person convicted,
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66	144
67	145		d. to pay a reasonable sum into any trust fund
68	146		established pursuant to the provisions of Sections 176
69	147		through 180.4 of Title 60 of the Oklahoma Statutes and
70	148		which provides restitution payments by convicted
71	149		defendants to victims of crimes committed within t his
72	150		state wherein such victim has incurred a financial
73	151		loss,
74		-
75	152		e. to confinement in the county jail for a period not to
76	153		exceed six (6) months,
77		-
78	154		f. to confinement as provided by law together with a term
79	155		of post-imprisonment community supervision for not
80	156		less than three (3) years of the total term allowed by
81	157		law for imprisonment, with or without restitution;
82	158		provided, however, the authority of this provision is
83	159		limited to Section 843.5 of Title 21 of the Oklahoma
84	160		Statutes when the offense involved sexual abuse o r
85	161		sexual exploitation; Sections 681, 741 and 843.1 of
86	162		Title 21 of the Oklahoma Statutes when the offense
87	163		involved sexual abuse or sexual exploitation; and
88	164		Sections 865 et seq., 885, 886, 888, 891, 1021,
89	165		1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and
90	166		1123 of Title 21 of t he Oklahoma Statutes,
91		-	ENR. H. B. NO. 3960 Page 3
92	167		g. to repay the reward or part of the reward paid by a
93	168		local certified crime stoppers program and the
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94	196		Oklahoma Reward System. In determining whether the
95	197		defendant shall repay the reward or part of the
96	198		reward, the court shall consider the ability of the
97	199		defendant to make the payment, the financial hardship
98	200		on the defendant to make the required payment and the
99	201		importance of the information to the prosecution of
100	202		the defendant as provided by the arresting officer or
101	203		the district attorney with due regard for the
102	204		confidentiality of the records of the local certified
103	205		crime stoppers program and the Oklahoma Reward System.
104	206		The court shall assess this repayment against the
105	207		defendant as a cost of prosecution. The term
106	208		"certified" means crime stoppers organizations that
107	209		annually meet the certification standards for crime
108	210		stoppers programs established by the Oklahoma Crime
109	211		Stoppers Association to the extent those standards do
110	212		not conflict with state statutes. The term "court"
111	213		refers to all munici pal and district courts within
112	214		this state. The "Oklahoma Reward System " means the
113	215		reward program established by Section 150.18 of Title
114	216		74 of the Oklahoma Statutes,
115		-
116	217		h. to reimburse the Oklahoma State Bureau of
117	218		Investigation for cost s incurred by that agen cy during
118	219		its investigation of the crime for which the defendant
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119	247		pleaded guilty, nolo contendere or was convicted
120	248		including compensation for laboratory, technical or
121	249		investigation services performed by the Bureau if, in
122	250		the opinion of the court, the defend ant is able to pay
123	251		without imposing manifest hardship on the defendant,
124	252		and if the costs incurred by the Bureau during the
125	253		investigation of the defendant 's case may be
126	254		determined with reasonable certainty,
127		-
128	255		i. to reimburse the Oklahom a State Bureau of
129	256		Investigation and any authorized law enforcement
130	257		agency for all costs incurred by that agency for
131	258		cleaning up an illegal drug laboratory site for which
132	259		the defendant pleaded guilty, nolo contendere or was
133	260		convicted. The court clerk shall collect the amount
134	261		and may retain five percent (5%) of such monies to be
135	262		deposited in the Court Clerk 's Revolving Fund to cover
136		-	administrative costs and shall remit the remainder to ~~ENR. H. B. NO. 3960 Page 4~~
	263	+	administrative costs and shall remit the remainder to
137	264		the Oklahoma State Bureau of Investigation to be
138	265		deposited in the OSBI Re volving Fund establishe d by
139	266		Section 150.19a of Title 74 of the Oklahoma Statutes
140	267		or to the general fund wherein the other law
141	268		enforcement agency is located,
142		-
143	269		j. to pay a reasonable sum to the Crime Victims
144	270		Compensation Board, created by Section 142.2 et seq.
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145	298		of Title 21 of the Ok lahoma Statutes, for the benefit
146	299		of crime victims,
147		-
148	300		k. to reimburse the court fund for amounts paid to court -
149	301		appointed attorneys for representing the defendant in
150	302		the case in which the person is being sentenced,
151		-
152	303		l. to participate in an assessment and evalua tion by an
153	304		assessment agency or assessment personnel certified by
154	305		the Department of Mental Health and Substance Abuse
155	306		Services pursuant to Section 3 -460 of Title 43A of the
156	307		Oklahoma Statutes and, as determined by the
157	308		assessment, participate in an alcohol a nd drug
158	309		substance abuse course or treatment program or both,
159	310		pursuant to Sections 3 -452 and 3-453 of Title 43A of
160	311		the Oklahoma Statutes, or as ordered by the court,
161		-
162	312		m. to be placed in a victims impact panel program, as
163	313		defined in subsection H of this secti on, or
164	314		victim/offender reconciliation program and payment of
165	315		a fee to the program of Seventy -five Dollars ($75.00)
166	316		as set by the governing authority of the program to
167	317		offset the cost of participation by the defendant.
168	318		Provided, each victim/offender reconc iliation program
169	319		shall be required to obtain a written consent form
170	320		voluntarily signed by the victim and defendant that
171	321		specifies the methods to be used to resolve the
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172	349		issues, the obligations and rights of each person and
173	350		the confidentiality of the proceed ings. Volunteer
174	351		mediators and employees of a victim/offender
175	352		reconciliation program shall be immune from liability
176	353		and have rights of confidentiality as provided in
177	354		Section 1805 of Title 12 of the Oklahoma Statutes,
178		-
179	355		n. to install, at the expense of the de fendant, an
180	356		ignition interlock device approved by the Board of
181		-	Tests for Alcohol ~~an d~~ Drug Influence. The device ~~ENR. H. B. NO. 3960 Page 5~~
	357	+	Tests for Alcohol and Drug Influence. The device
182	358		shall be installed upon every motor vehicle operated
183	359		by the defendant, and the court shall require that a
184	360		notation of this restriction be affix ed to the
185	361		defendant's driver license. The restriction shall
186	362		remain on the driver license not exceeding two (2)
187	363		years to be determined by the court. The restriction
188	364		may be modified or removed only by order of the court
189	365		and notice of any modification order shall be given to
190	366		Service Oklahoma. Upon the expiration of the period
191	367		for the restriction, Service Oklahoma shall remove the
192	368		restriction without further court order. Failure to
193	369		comply with the order to install an ignition interloc k
194	370		device or operating a ny vehicle without a device
195	371		during the period of restriction shall be a violation
196	372		of the sentence and may be punished as deemed proper
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197	400		by the sentencing court. As used in this paragraph,
198	401		"ignition interlock device " means a device that,
199	402		without tampering or intervention by another person,
200	403		would prevent the defendant from operating a motor
201	404		vehicle if the defendant has a blood or breath alcohol
202	405		concentration of two -hundredths (0.02) or greater,
203		-
204	406		o. to be confined by electronic monitoring administered
205	407		and supervised by the Department of Corrections or a
206	408		community sentence provider, and payment of a
207	409		monitoring fee to the supervising authority, not to
208	410		exceed Three Hundred Dollars ($300.00) per month. Any
209	411		fees collected pursuant to this subparagraph shall be
210	412		deposited with the appropriate supervising authority.
211	413		Any willful violation of an order of the court for the
212	414		payment of the monitoring fee shall be a violation of
213	415		the sentence and may be punished as deemed proper by
214	416		the sentencing court. As used in this parag raph,
215	417		"electronic monitoring " means confinement of the
216	418		defendant within a specified location or locations
217	419		with supervision by means of an electronic device
218	420		approved by the Department of Corrections which is
219	421		designed to detect if the defendant is in the cou rt-
220	422		ordered location at the required times and which
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221	450		records violations for investigation by a qualified
222	451		supervisory agency or person,
223		-
224	452		p. to perform one or more courses of treatment, education
225	453		or rehabilitation for any conditions, beh aviors,
226		-	deficiencies or ~~diso rders~~ which may contribute to ~~ENR. H. B. NO. 3960 Page 6~~
	454	+	deficiencies or disorders which may contribute to
227	455		criminal conduct including but not limited to alcohol
228	456		and substance abuse, mental health, emotional health,
229	457		physical health, propensity for violence, antisocial
230	458		behavior, personality or attitudes, deviant sexual
231	459		behavior, child development, parenting assistance, job
232	460		skills, vocational-technical skills, domestic
233	461		relations, literacy, education or any other
234	462		identifiable deficiency which may be treated
235	463		appropriately in the community and for which a
236	464		certified provider or a prog ram recognized by the
237	465		court as having significant positive impact exists in
238	466		the community. Any treatment, education or
239	467		rehabilitation provider required to be certified
240	468		pursuant to law or rule shall be certified by the
241	469		appropriate state agency or a nationa l organization,
242		-
243	470		q. to submit to periodic testing for alcohol,
244	471		intoxicating substance or controlled dangerous
245	472		substances by a qualified laboratory,
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246	499
247	500		r. to pay a fee or costs for treatment, education,
248	501		supervision, participation in a pro gram or any
249	502		combination thereof as determined by the court, based
250	503		upon the defendant's ability to pay the fees or costs,
251		-
252	504		s. to be supervised by a Department of Corrections
253	505		employee, a private supervision provider or other
254	506		person designated by the court,
255		-
256	507		t. to obtain positive beh avior modeling by a trained
257	508		mentor,
258		-
259	509		u. to serve a term of confinement in a restrictive
260	510		housing facility available in the community,
261		-
262	511		v. to serve a term of confinement in the county jail at
263	512		night or during weekends pursuant to Section 991a-2 of
264	513		this title or for work release,
265		-
266	514		w. to obtain employment or participate in employment -
267	515		related activities,
268		-
269	516		x. to participate in mandatory day reporting to
270		-	facilities or persons for services, ~~payme nts~~, duties ~~ENR. H. B. NO. 3960 Page 7~~
	517	+	facilities or persons for services, payments, duties
271	518		or person-to-person contacts as specified by the
272	519		court,
273		-
274	520		y. to pay day fines not to exceed fifty percent (50%) of
275	521		the net wages earned. For purposes of this paragraph,
276	522		"day fine" means the offender is ordered to pay an
277	523		amount calculated as a percentage of net daily wages
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278	551		earned. The day fine sh all be paid to the loca l
279	552		community sentencing system as reparation to the
280	553		community. Day fines shall be used to support the
281	554		local system,
282		-
283	555		z. to submit to blood or saliva testing as required by
284	556		subsection I of this section,
285		-
286	557		aa. to repair or restore property damaged by the
287	558		defendant's conduct, if the court determines the
288	559		defendant possesses sufficient skill to repair or
289	560		restore the property and the victim consents to the
290	561		repairing or restoring of the property,
291		-
292	562		bb. to restore damaged property in kind or payme nt of out-
293	563		of-pocket expenses to the victim, if the court is able
294	564		to determine the actual out -of-pocket expenses
295	565		suffered by the victim,
296		-
297	566		cc. to attend a victim-offender reconciliation program if
298	567		the victim agrees to participate and the offender is
299	568		deemed appropriate for participa tion,
300		-
301	569		dd. in the case of a person convicted of prostitution
302	570		pursuant to Section 1029 of Title 21 of the Oklahoma
303	571		Statutes, require such person to receive counseling
304	572		for the behavior which may have caused such person to
305	573		engage in prostitution activities. S uch person may be
306	574		required to receive counseling in areas including but
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307	602		not limited to alcohol and substance abuse, sexual
308	603		behavior problems or domestic abuse or child abuse
309	604		problems,
310		-
311	605		ee. in the case of a sex offender sentenced after November
312	606		1, 1989, and required by law to register pursuant to
313	607		the Sex Offender Registration Act, the court shall
314	608		require the person to comply with sex offender
315		-	specific rules and conditions of ~~supervisio n ENR. H. B. NO. 3960 Page 8~~
	609	+	specific rules and conditions of supervision
316	610		established by the Department of Corrections and
317	611		require the person to pa rticipate in a treatment
318	612		program designed for the treatment of sex offenders
319	613		during the period of time while the offender is
320	614		subject to supervision by the Department of
321	615		Corrections. The treatment program shall include
322	616		polygraph examinations specifically d esigned for use
323	617		with sex offenders for purposes of supervision and
324	618		treatment compliance, and shall be administered not
325	619		less than each six (6) months during the period of
326	620		supervision. The examination shall be administered by
327	621		a certified licensed polygraph examiner. The
328	622		treatment program must be approved by the Department
329	623		of Corrections or the Department of Mental Health and
330	624		Substance Abuse Services. Such treatment shall be at
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331	652		the expense of the defendant based on the defendant 's
332	653		ability to pay,
333		-
334	654		ff. in addition to other sentencing powers of the court,
335	655		the court in the case of a defendant being sentenced
336	656		for a felony conviction for a violation of Section 2 -
337	657		402 of Title 63 of the Oklahoma Statutes which
338	658		involves marijuana may require th e person to
339	659		participate in a drug court program, if available. If
340	660		a drug court program is not available, the defendant
341	661		may be required to participate in a community
342	662		sanctions program, if available,
343		-
344	663		gg. in the case of a person convicted of any false or
345	664		bogus check violation, as defined in Section 1541.4 of
346	665		Title 21 of the Oklahoma Statutes, impose a fee of
347	666		Twenty-five Dollars ($25.00) to the victim for each
348	667		check, and impose a bogus check fee to be paid to the
349	668		district attorney. The bogus check fee paid to the
350	669		district attorney shall be equal to the amount
351	670		assessed as court costs plus Twenty -five Dollars
352	671		($25.00) for each check upon filing of the case in
353	672		district court. This money shall be deposited in the
354	673		Bogus Check Restitution Program Fund as established in
355	674		subsection B of Section 114 of this title.
356	675		Additionally, the court may require the offender to
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357	703		pay restitution and bogus check fees on any other
358	704		bogus check or checks that have been submitted to the
359	705		Bogus Check Restitution Program, and
360		-	ENR. H. B. NO. 3960 Page 9
361	706		hh. any other provision specifically ordered by the court.
362		-
363	707		However, any such order for restitution, community service,
364	708		payment to a local certified crime stoppers program, payment to the
365	709		Oklahoma Reward System or confinement in the county jail, or a
366	710		combination thereof, shall be made in conju nction with probation and
367	711		shall be made a condition of the suspended sentence.
368		-
369	712		However, unless under the supervision of the district attorney,
370	713		the offender shall be required to pay Forty Dollars ($40.00) per
371	714		month to the district att orney during the first two (2) years of
372	715		probation to compensate the district attorney for the costs incurred
373	716		during the prosecution of the offender and for the additional work
374	717		of verifying the compliance of the offender with the rules and
375	718		conditions of his or her probation. The district attorney may waive
376	719		any part of this requirement in the best interests of justice. The
377	720		court shall not waive, suspend, defer or dismiss the costs of
378	721		prosecution in its entirety. However, if the court determines that
379	722		a reduction in the fine, cost s and costs of prosecution is
380	723		warranted, the court shall equally apply the same percentage
381	724		reduction to the fine, costs and costs of prosecution owed by the
382	725		offender;
383	726
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384	753		2. Impose a fine prescribed by law for the offense, with or
385	754		without probation or commitm ent and with or without restitution or
386	755		service as provided for in this section, Section 991a -4.1 of this
387	756		title or Section 227 of Title 57 of the Oklahoma Statutes;
388		-
389	757		3. Commit such person for confinement provided for by law with
390	758		or without restitution as pr ovided for in this section;
391		-
392	759		4. Order the defendant to reimburse the Oklahoma State Bureau
393	760		of Investigation for costs incurred by that agency during its
394	761		investigation of the crime for which the defendant pleaded guilty,
395	762		nolo contendere or was convicted inc luding compensation for
396	763		laboratory, technical or investigation services performed by the
397	764		Bureau if, in the opinion of the court, the defendant is able to pay
398	765		without imposing manifest hardship on the defendant, and if the
399	766		costs incurred by the Bureau durin g the investigation of the
400	767		defendant's case may be determined with reasonable certainty;
401		-
402	768		5. Order the defendant to reimburse the Oklahoma State Bureau
403	769		of Investigation for all costs incurred by that agency for cleaning
404	770		up an illegal drug laboratory site f or which the defendant pleaded
405		-	guilty, nolo ~~contend ere~~ or was convicted. ~~T he~~ court clerk shall ~~ENR. H. B. NO. 3960 Page 10~~
	771	+	guilty, nolo contendere or was convicted. The court clerk shall
406	772		collect the amount and may retain five percent (5%) of such monies
407	773		to be deposited in the Court Clerk 's Revolving Fund to cover
408	774		administrative costs and shall r emit the remainder to the Oklahoma
409	775		State Bureau of Investigation to be deposited in the OSBI Revolving
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410	803		Fund established by Section 150.19a of Title 74 of the Oklahoma
411	804		Statutes;
412		-
413	805		6. In the case of nonviolent felony offenses, sentence such
414	806		person to the Community Service Sentencing Program;
415		-
416	807		7. In addition to the other sentencing powers of the court, in
417	808		the case of a person convicted of operating or being in control of a
418	809		motor vehicle while the person was under the influence of alcohol,
419	810		other intoxicating sub stance or a combination of alcohol or another
420	811		intoxicating substance, or convicted of operating a motor vehicle
421	812		while the ability of the person to operate such vehicle was impaired
422	813		due to the consumption of alcohol, require such person:
423		-
424	814		a. to participate in an alcohol and drug assessment and
425	815		evaluation by an assessment agency or assessment
426	816		personnel certified by the Department of Mental Health
427	817		and Substance Abuse Services pursuant to Section 3 -460
428	818		of Title 43A of the Oklahoma Statutes and, as
429	819		determined by the assessment, participate in an
430	820		alcohol and drug substance abuse course or treatment
431	821		program or both, pursuant to Sections 3 -452 and 3-453
432	822		of Title 43A of the Oklahoma Statutes,
433		-
434	823		b. to attend a victims impact panel program, as defined
435	824		in subsection H of t his section, and to pay a fee of
436	825		Seventy-five Dollars ($75.00) as set by the governing
437	826		authority of the program and approved by the court, to
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438	854		the program to offset the cost of participation by the
439	855		defendant, if in the opinion of the court the
440	856		defendant has the ability to pay such fee,
441		-
442	857		c. to both participate in the alcohol and drug substance
443	858		abuse course or treatment program, pursuant to
444	859		subparagraph a of this paragraph and attend a victims
445	860		impact panel program, pursuant to subparagraph b of
446	861		this paragraph,
447		-
448	862		d. to install, at the expense of the person, an ignition
449	863		interlock device approved by the Board of Tests for
450		-	Alcohol and Drug Influence, upon ~~e very~~ motor vehicle ~~ENR. H. B. NO. 3960 Page 11~~
	864	+	Alcohol and Drug Influence, upon every motor vehicle
451	865		operated by such person and to require that a notation
452	866		of this restriction be affixed to the p erson's driver
453	867		license at the time of reinstatement of the license.
454	868		The restriction shall remain on the driver license for
455	869		such period as the court shall determine. The
456	870		restriction may be modified or removed by order of the
457	871		court and notice of the order shall be given to
458	872		Service Oklahoma. Upon the expiration of the period
459	873		for the restriction, Service Oklahoma shall remove the
460	874		restriction without further court order. Failure to
461	875		comply with the order to install an ignition interlock
462	876		device or operating an y vehicle without such device
463	877		during the period of restriction shall be a violation
	878	+
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464	905		of the sentence and may be punished as deemed proper
465	906		by the sentencing court, or
466		-
467	907		e. beginning January 1, 1993, to submit to electronically
468	908		monitored home detention administ ered and supervised
469	909		by the Department of Corrections, and to pay to the
470	910		Department a monitoring fee, not to exceed Seventy -
471	911		five Dollars ($75.00) a month, to the Department of
472	912		Corrections, if in the opinion of the court the
473	913		defendant has the ability to pay such fee. Any fees
474	914		collected pursuant to this subparagraph shall be
475	915		deposited in the Department of Corrections Revolving
476	916		Fund. Any order by the court for the payment of the
477	917		monitoring fee, if willfully disobeyed, may be
478	918		enforced as an indirect contempt o f court;
479		-
480	919		8. In addition to the other sentencing powers of the court, in
481	920		the case of a person convicted of prostitution pursuant to Section
482	921		1029 of Title 21 of the Oklahoma Statutes, require such person to
483	922		receive counseling for the behavior which may have caused such
484	923		person to engage in prostitution activities. Such person may be
485	924		required to receive counseling in areas including but not limited to
486	925		alcohol and substance abuse, sexual behavior problems or domestic
487	926		abuse or child abuse problems;
488		-
489	927		9. In addition to the other sentencing powers of the court, in
490	928		the case of a person convicted of any crime related to domestic
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491	956		abuse, as defined in Section 60.1 of this title, the court may
492	957		require the defendant to undergo the treatment or part icipate in the
493	958		counseling services necessary to bring about the cessation of
494	959		domestic abuse against the victim. The defendant may be required to
495		-	pay all or part of t he cost of the treatment or counseling services; ENR. H. B. NO. 3960 Page 12
496		-
	960	+	pay all or part of the cost of the treatment or counseling services;
497	961		10. In addition to the other sentencing powers of the court,
498	962		the court, in the case of a sex offender sentenced after November 1,
499	963		1989, and required by law to register pursuant to the Sex Offenders
500	964		Registration Act, shall require the defendant to participate in a
501	965		treatment program designed speci fically for the treatme nt of sex
502	966		offenders, if available. The treatment program will include
503	967		polygraph examinations specifically designed for use with sex
504	968		offenders for the purpose of supervision and treatment compliance,
505	969		provided the examination is administered by a certified licensed
506	970		polygraph examiner. The treatment program must be approved by the
507	971		Department of Corrections or the Department of Mental Health and
508	972		Substance Abuse Services. Such treatment shall be at the expense of
509	973		the defendant based on the ability of the defe ndant to pay;
510		-
511	974		11. In addition to the other sentencing powers of the court,
512	975		the court, in the case of a person convicted of abuse or neglect of
513	976		a child, as defined in Section 1 -1-105 of Title 10A of the Oklahoma
514	977		Statutes, may require the person to undergo treatment or to
515	978		participate in counseling services. The defendant may be required
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516	1006		to pay all or part of the cost of the treatment or counseling
517	1007		services;
518		-
519	1008		12. In addition to the other sentencing powers of the court,
520	1009		the court, in the case of a person conv icted of cruelty to animals
521	1010		pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may
522	1011		require the person to pay restitution to animal facilities for
523	1012		medical care and any boarding costs of victimized animals;
524		-
525	1013		13. In addition to the other sentencin g powers of the court, a
526	1014		sex offender who is habitual or aggravated as defined by Section 584
527	1015		of Title 57 of the Oklahoma Statutes and who is required to register
528	1016		as a sex offender pursuant to the Sex Offenders Registration Act
529	1017		shall be supervised by the D epartment of Corrections for the
530	1018		duration of the registration period and shall be assigned to a
531	1019		global position monitoring device by the Department of Corrections
532	1020		for the duration of the registration period. The cost of such
533	1021		monitoring device shall be rei mbursed by the offender;
534		-
535	1022		14. In addition to the other sentencing powers of the court, in
536	1023		the case of a sex offender who is required by law to register
537	1024		pursuant to the Sex Offenders Registration Act, the court may
538	1025		prohibit the person from accessing or usin g any Internet social
539		-	networking website that has ~~t he~~ potential or likelihood of ~~al lowing ENR. H. B. NO. 3960 Page 13~~
	1026	+	networking website that has the potential or likelihood of allowing
540	1027		the sex offender to have contact with any child who is under the age
541	1028		of eighteen (18) years;
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542	1055
543	1056		15. In addition to the other sentencing powers of the court, in
544	1057		the case of a sex offender who is required by law to register
545	1058		pursuant to the Sex Offenders Registration Act, the court shall
546	1059		require the person to register any electronic mail address
547	1060		information, instant message, chat or other Internet com munication
548	1061		name or identity information that the person uses or intends to use
549	1062		while accessing the Internet or used for other purposes of social
550	1063		networking or other similar Internet communication; or
551		-
552	1064		16. In addition to the other sentencing powers of the court,
553	1065		and pursuant to the terms and conditions of a written plea
554	1066		agreement, the court may prohibit the defendant from entering,
555	1067		visiting or residing within the judicial district in which the
556	1068		defendant was convicted until after completion of his or her
557	1069		sentence; provided, however , the court shall ensure that the
558	1070		defendant has access to those services or programs for which the
559	1071		defendant is required to participate as a condition of probation.
560	1072		When seeking to enter the prohibited judicial district for personal
561	1073		business not related t o his or her criminal case, the defendant
562	1074		shall be required to obtain approval by the court.
563		-
564	1075		B. Notwithstanding any other provision of law, any person who
565	1076		is found guilty of a violation of any provision of Section 761 or
566	1077		11-902 of Title 47 of the Oklahoma Statutes or any person pleading
567	1078		guilty or nolo contendere for a violation of any provision of such
568	1079		sections shall be ordered to participate in, prior to sentencing, an
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569	1107		alcohol and drug assessment and evaluation by an assessment agency
570	1108		or assessment person nel certified by the Department of Mental Health
571	1109		and Substance Abuse Services for the purpose of evaluating the
572	1110		receptivity to treatment and prognosis of the person. The court
573	1111		shall order the person to reimburse the agency or assess or for the
574	1112		evaluation. The fee shall be the amount provided in subsection C of
575	1113		Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
576	1114		shall be conducted at a certified assessment agency, the office of a
577	1115		certified assessor or at another location as ordered by the c ourt.
578	1116		The agency or assessor shall, within seventy -two (72) hours from the
579	1117		time the person is assessed, submit a written report to the court
580	1118		for the purpose of assisting the court in its final sentencing
581	1119		determination. No person, a gency or facility opera ting an alcohol
582	1120		and drug substance abuse evaluation program certified by the
583	1121		Department of Mental Health and Substance Abuse Services shall
584		-	solicit or refer any person evaluated ~~pur suant~~ to this subsection ~~ENR. H. B. NO. 3960 Page 14~~
	1122	+	solicit or refer any person evaluated pursuant to this subsection
585	1123		for any treatment program or alcohol and drug subs tance abuse
586	1124		service in which such person, agency or facility has a vested
587	1125		interest; however, this provision shall not be construed to prohibit
588	1126		the court from ordering participation in or any person from
589	1127		voluntarily utilizing a treatm ent program or alcohol and drug
590	1128		substance abuse service offered by such person, agency or facility.
591	1129		If a person is sentenced to the custody of the Department of
592	1130		Corrections and the court has received a written evaluation report
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593	1158		pursuant to this subsection, the report shall be f urnished to the
594	1159		Department of Corrections with the judgment and sentence. Any
595	1160		evaluation report submitted to the court pursuant to this subsection
596	1161		shall be handled in a manner which will keep such report
597	1162		confidential from the genera l public's review. Nothing contained in
598	1163		this subsection shall be construed to prohibit the court from
599	1164		ordering judgment and sentence in the event the defendant fails or
600	1165		refuses to comply with an order of the court to obtain the
601	1166		evaluation required by this subsection.
602		-
603	1167		C. When sentencing a person convicted of a crime, the court
604	1168		shall first consider a program of restitution for the victim, as
605	1169		well as imposition of a fine or incarceration of the offender. The
606	1170		provisions of paragraph 1 of subsection A of this section shall not
607	1171		apply to defendants being sentenced upon their third or subsequent
608	1172		to their third conviction of a felony or, beginning January 1, 1993,
609	1173		to defendants being sentenced for their second or subsequent felony
610	1174		conviction for violation of Section 11 -902 of Title 47 of the
611	1175		Oklahoma Statutes, except as otherwise provided in this subsection.
612	1176		In the case of a person being sentenced for his or her second or
613	1177		subsequent felony conviction for violation of Section 11 -902 of
614	1178		Title 47 of the Oklahoma Stat utes, the court may sen tence the person
615	1179		pursuant to the provisions of paragraph 1 of subsection A of this
616	1180		section if the court orders the person to submit to electronically
617	1181		monitored home detention administered and supervised by the
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618	1209		Department of Corrections pursuant to subparag raph e of paragraph 7
619	1210		of subsection A of this section . Provided, the court may waive
620	1211		these prohibitions upon written application of the district
621	1212		attorney. Both the application and the waiver shall be made part of
622	1213		the record of the case.
623		-
624	1214		D. When sentencing a person convicted of a crime, the judge
625	1215		shall consider any victim impact statements if submitted to the
626	1216		jury, or the judge in the event a jury is waived.
627		-
628	1217		E. Probation, for purposes of subsection A of this section, is
629		-	a procedure by which a defendant ~~found~~ guilty of a crime, whether ~~ENR. H. B. NO. 3960 Page 15~~
	1218	+	a procedure by which a defendant f ound guilty of a crime, whether
630	1219		upon a verdict or plea of guilty or upon a plea of nolo contendere,
631	1220		is released by the court subject to conditions imposed by the court
632	1221		and subject to supervision by the Department of Corrections, a
633	1222		private supervision provi der or other person designated by the
634	1223		court. Such supervision shall be initiated upon an order of
635	1224		probation from the court, and shall not exceed two (2) years, unless
636	1225		a petition alleging a violation of any condition of deferred
637	1226		judgment or seeking revocat ion of the suspended sentence is filed
638	1227		during the supervision, or as otherwise provided by law. In the
639	1228		case of a person convicted of a sex offense, supervision shall begin
640	1229		immediately upon release from incarceration or if parole is granted
641	1230		and shall not be limited to two (2) years. Provided further, any
642	1231		supervision provided for in this section may be extended for a
643	1232		period not to exceed the expiration of the maximum term or terms of
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644	1260		the sentence upon a determination by the court or the Division of
645	1261		Probation and Parole of the Department of Corrections that the best
646	1262		interests of the public and the release will be served by an
647	1263		extended period of supervision.
648		-
649	1264		F. The Department of Corrections, or such other agency as the
650	1265		court may designate, shall be responsibl e for the monitoring and
651	1266		administration of the restitution and service programs provided for
652	1267		by subparagraphs a, c and d of paragraph 1 of subsection A of this
653	1268		section, and shall ensure that restitution payments are forwarded to
654	1269		the victim and that service assignments are properly performed.
655		-
656	1270		G. 1. The Department of Corrections is hereby authorized,
657	1271		subject to funds available through appropriation by the Legislature,
658	1272		to contract with counties for the administration of county Communit y
659	1273		Service Sentencing Pr ograms.
660		-
661	1274		2. Any offender eligible to participate in the Program pursuant
662	1275		to this section shall be eligible to participate in a county
663	1276		Program; provided, participation in county -funded Programs shall not
664	1277		be limited to offenders who would otherwise be senten ced to
665	1278		confinement with the Department of Corrections.
666		-
667	1279		3. The Department shall establish criteria and specifications
668	1280		for contracts with counties for such Programs. A county may apply
669	1281		to the Department for a contract for a county -funded Program for a
670	1282		specific period of time. The Department shall be responsible for
671	1283		ensuring that any contracting county complies in full with
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672	1311		specifications and requirements of the contract. The contract shall
673	1312		set appropriate compensation to the county for services to the
674		-	Department. ENR. H. B. NO. 3960 Page 16
675		-
	1313	+	Department.
676	1314		4. The Department is hereby authorized to provide technical
677	1315		assistance to any county in establishing a Program, regardless of
678	1316		whether the county enters into a contract pursuant to this
679	1317		subsection. Technical assistance shal l include appropriate
680	1318		staffing, development of community resources, sponsorship,
681	1319		supervision and any other requirements.
682		-
683	1320		5. The Department shall annually make a report to the Governor,
684	1321		the President Pro Tempore of the Senate and the Speaker of the House
685	1322		on the number of such Pr ograms, the number of participating
686	1323		offenders, the success rates of each Program according to criteria
687	1324		established by the Department and the costs of each Program.
688		-
689	1325		H. As used in this section:
690		-
691	1326		1. "Ignition interlock device " means a device that, without
692	1327		tampering or intervention by another person, would prevent the
693	1328		defendant from operating a motor vehicle if the defendant has a
694	1329		blood or breath alcohol concentration of two -hundredths (0.02) or
695	1330		greater;
696		-
697	1331		2. "Electronically monitored home detention " means
698	1332		incarceration of the defendant within a specified location or
699	1333		locations with monitoring by means of a device approved by the
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700	1361		Department of Corrections that detects if the person leaves the
701	1362		confines of any specified location; and
702		-
703	1363		3. "Victims impact panel progr am" means a program conducted by
704	1364		a corporation registered with the Secretary of State in Oklahoma for
705	1365		the sole purpose of operating a victims impact panel program. The
706	1366		program shall include live presentations from presenters who will
707	1367		share personal storie s with participants about how alcohol, drug
708	1368		abuse, the operation of a motor vehicle while using an electronic
709	1369		communication device or the illegal conduct of others has personally
710	1370		impacted the lives of the presenters. A victims impac t panel
711	1371		program shall be attended by persons who have committed the offense
712	1372		of driving, operating or being in actual physical control of a motor
713	1373		vehicle while under the influence of alcohol or other intoxicating
714	1374		substance, operating a motor vehicle while the ability of the perso n
715	1375		to operate such vehicle was impaired due to the consumption of
716	1376		alcohol or any other substance or operating a motor vehicle while
717	1377		using an electronic device or by persons who have been convicted of
718	1378		furnishing alcoholic beverage to p ersons under twenty-one (21) years
719		-	of age, as provided in Sections 6 -101 and 6-120 of Title 37A of the ~~ENR. H. B. NO. 3960 Page 17~~
	1379	+	of age, as provided in Sections 6 -101 and 6-120 of Title 37A of the
720	1380		Oklahoma Statutes. Persons attending a victims impact panel program
721	1381		shall be required to pay a fee of Seventy -five Dollars ($75.00) to
722	1382		the provider of the program. A certific ate of completion shall be
723	1383		issued to the person upon satisfying the attendance and fee
724	1384		requirements of the victims impact panel program. The certificate
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725	1412		of completion shall contain the business identification number of
726	1413		the program provider. A certified a ssessment agency, certified
727	1414		assessor or provider of an alcohol and drug substance abuse course
728	1415		shall be prohibited from providing a victims impact panel program
729	1416		and shall further be prohibited from having any proprietary or
730	1417		pecuniary interest in a victims impact panel program. The provider
731	1418		of the victims impact panel program shall carry general liability
732	1419		insurance and maintain an accurate accounting of all business
733	1420		transactions and funds received in relation to the victims impact
734	1421		panel program. Beginning October 1, 2020, and each October 1
735	1422		thereafter, the provider of the victims impact panel program shall
736	1423		provide to the District Attorneys Council the following:
737		-
738	1424		a. proof of registration with the Oklahoma Secretary of
739	1425		State,
740		-
741	1426		b. proof of general liability ins urance,
742		-
743	1427		c. end-of-year financial statements prepared by a
744	1428		certified public accountant,
745		-
746	1429		d. a copy of federal income tax returns filed with the
747	1430		Internal Revenue Service,
748		-
749	1431		e. a registration fee of One Thousand Dollars
750	1432		($1,000.00). The registration fee shall b e deposited
751	1433		in the District Attorneys Council Revolving Fund
752	1434		created in Section 215.28 of Title 19 of the Oklahoma
753	1435		Statutes, and
754	1436
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755	1463		f. a statement certifying that the provider of the
756	1464		victims impact panel program has complied with all of
757	1465		the requirements set f orth in this paragraph.
758		-
759	1466		I. A person convicted of a felony offense or receiving any form
760	1467		of probation for an offense in which registration is required
761	1468		pursuant to the Sex Offenders Registration Act, shall submit to
762	1469		deoxyribonucleic acid (DNA) testing for l aw enforcement
763	1470		identification purposes in accordance with Section 150.27 of Title
764		-	74 of the Oklahoma Statutes and the rules promulgated by the ~~ENR. H. B. NO. 3960 Page 18~~
	1471	+	74 of the Oklahoma Statutes and the rules promulgated by the
765	1472		Oklahoma State Bureau of Investigation for the OSBI Combined DNA
766	1473		Index System (CODIS) Database. Subject to the a vailability of
767	1474		funds, any person convicted of a misdemeanor offense of assault and
768	1475		battery, domestic abuse, stalking, possession of a controlled
769	1476		substance prohibited under the Uniform Controlled Dangerous
770	1477		Substances Act, outraging pu blic decency, resisting arrest, escape
771	1478		or attempting to escape, eluding a police officer, Peeping Tom,
772	1479		pointing a firearm, threatening an act of violence, breaking and
773	1480		entering a dwelling place, destruction of property, negligent
774	1481		homicide or causing a personal injury accident wh ile driving under
775	1482		the influence of any intoxicating substance, or any alien unlawfully
776	1483		present under federal immigration law, upon arrest, shall submit to
777	1484		DNA testing for law enforcement identification purposes in
778	1485		accordance with Section 150.27 of Title 74 of the Oklahoma Statutes
779	1486		and the rules promulgated by the Oklahoma State Bureau of
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780	1514		Investigation for the OSBI Combined DNA Index System (CODIS)
781	1515		Database. Any defendant sentenced to probation shall be required to
782	1516		submit to testing within thirty (30) days of sentencing either to
783	1517		the Department of Corrections or to the county sheriff or other
784	1518		peace officer as directed by the court. Defendants who are
785	1519		sentenced to a term of incarceration shall submit to testing in
786	1520		accordance with Secti on 530.1 of Title 57 of the Oklahoma Statutes,
787	1521		for those defendants who enter the custody of the Department of
788	1522		Corrections or to the county sheriff, for those defendants sentenced
789	1523		to incarceration in a county jail. Convicted individuals who have
790	1524		previously submitted to DNA test ing under this section and for whom
791	1525		a valid sample is on file in the OSBI Combined DNA Index System
792	1526		(CODIS) Database at the time of sentencing shall not be required to
793	1527		submit to additional testing. Except as required by the Sex
794	1528		Offenders Registration Act, a deferred judgment does not require
795	1529		submission to DNA testing.
796		-
797	1530		Any person who is incarcerated in the custody of the Department
798	1531		of Corrections after July 1, 1996, and who has not been released
799	1532		before January 1, 2006, shall provide a blood or saliva sample prior
800	1533		to release. Every person subject to DNA testing after January 1,
801	1534		2006, whose sentence does not include a term of confinement with the
802	1535		Department of Corrections shall submit a blood or saliva sample.
803	1536		Every person subject to D NA testing who is sente nced to unsupervised
804	1537		probation or otherwise not supervised by the Department of
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805	1565		Corrections shall submit for blood or saliva testing to the sheriff
806	1566		of the sentencing county.
807		-
808	1567		J. Samples of blood or saliva for DNA testing required by
809		-	subsection I of this ~~section~~ shall be taken by employees or ~~ENR. H. B. NO. 3960 Page 19~~
	1568	+	subsection I of this se ction shall be taken by employees or
810	1569		contractors of the Department of Corrections, peace officers, or the
811	1570		county sheriff or employees or contractors of the sheriff 's office.
812	1571		The individuals shall be properly trained to collect blood or saliva
813	1572		samples. Persons collecting blood or saliva for DNA testing
814	1573		pursuant to this section shall be immune from civil liabilities
815	1574		arising from this activity. All collectors of DNA samples shall
816	1575		ensure the collection of samples are mailed to the Oklahoma State
817	1576		Bureau of Investigation within ten (10) days of the time the subject
818	1577		appears for testing or within ten (10) days of the date the subject
819	1578		comes into physical custody to serve a term of incarceration. All
820	1579		collectors of DNA samples shall use sampl e kits provided by the OSBI
821	1580		and procedures promulgated by the OSBI. Persons subject to DNA
822	1581		testing who are not received at the Lexington Assessment and
823	1582		Reception Center shall be required to pay a fee of Fifteen Dollars
824	1583		($15.00) to the agency collecting the sample for submission to the
825	1584		OSBI Combined DNA Index System (CODIS) Database. Any fees collected
826	1585		pursuant to this subsection shall be deposited in the revolving
827	1586		account or the service fee account of the collection agency or
828	1587		department.
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830	1615		K. When sentencing a person who has bee n convicted of a crime
831	1616		that would subject that person to the provisions of the Sex
832	1617		Offenders Registration Act, neither the court nor the district
833	1618		attorney shall be allowed to waive or exempt such person from the
834	1619		registration requirements of the Sex Offende rs Registration Act.
835		-
836	1620		SECTION 2. This act shall become effective November 1, 2024.
837		-	ENR. H. B. NO. 3960 Page 20
838		-	Passed the House of Representatives the 6th day of March, 2024.
839		-
840		-
841		-
842		-
843		-	Presiding Officer of the House
844		-	of Representatives
845		-
846		-
847		-
848		-	Passed the Senate the 16th day of April, 2024.
849		-
850		-
851		-
852		-
853		-	Presiding Officer of the Senate
854		-
855		-
856		-	OFFICE OF THE GOVERNOR
857		-	Received by the Office of the Governor this ____________________
858		-	day of ___________________, 20_______, at _______ o'clock _______ M.
859		-	By: _________________________________
860		-	Approved by the Governor of the State of Oklahoma this _____ ____
861		-	day of ___________________, 20_______, at _______ o'clock _______ M.
862		-
863		-
864		-	_________________________________
865		-	Governor of the State of Oklahoma
866		-
867		-	OFFICE OF THE SECRETARY OF STATE
868		-	Received by the Office of the Secretary of State this __________
869		-	day of ___________________, 20_______, at _______ o'clock _______ M.
870		-	By: _________________________________
871		-
	1621	+	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
	1622	+	April 4, 2024 - DO PASS