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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1470 By: Treat
AS INTRODUCED
An Act relating to sentencing; creating the Oklahoma
Survivors’ Act; providing short title; defining
terms; directing courts to consider certain
mitigating factors during sentencing and pleas;
requiring defendants to provide certain evidence;
allowing courts discretion to depart from applicable
sentences; authorizing courts to impose lesser
sentences under certain circumstances; providing f or
the introduction of certain arguments and testimony;
allowing defendants wit h certain sentences to request
an application for resentencing; requiring inclusion
of certain information when making request; providing
jurisdictional requirements; providing notice
procedures when granting or denying requests;
allowing defendants to request the appointment of
counsel; directing court clerks to send notificatio n
to the appropriate district attorney; requiring th e
inclusion of certain evidence with applications;
providing for dismissal of applications; es tablishing
hearing procedures upon approval of applications;
providing notice procedures for orders issued by the
court; establishing sent encing ranges for new
sentences; providing for the appeal of orders;
allowing applicants to request the appointment of
counsel; requiring time served to be credited toward
sentence; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEO PLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Stat utes as Section 1090.1 of Title 22, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma
Survivors’ Act”.
SECTION 2. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 1090.2 of Title 22, unless there
is created a duplication in numbering, reads as follow s:
As used in this act:
1. “Conditional release” means a type of release from custody
that is not parole but which must comply w ith conditions such as
electronic monitoring;
2. “Deferred sentence” means a type of sentence as provided in
Section 991c of Title 22 of the Oklahoma S tatutes;
3. “Domestic abuse” means any act of physical harm or the
threat of imminent physical harm which is committed by an adult,
emancipated minor, or minor child thirteen (13) years of age or
older against another adult, emanc ipated minor, or minor child who
is currently or was previously an intimate partner or family or
household member;
4. “Physical abuse” means any real or threatened physical
injury or damage to the body that is not accidental;
5. “Post-traumatic stress disorder ” means the same as such term
is defined in the Diagnostic and Statistical Manual of Mental
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Disorders, Fifth Edition (DSM -5, 2013), and occurred as a result of
the victimization of a survivor;
6. “Psychological abuse” means a pattern of real or thre atened
mental intimidation, threats, coercive cont rol, economic-financial
control, and humiliation that is intended to provoke fe ar of harm;
and
7. “Sentencing hearing” means a type of postconviction hearing
in which the defendant is br ought before the court for imposition of
the sentence.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1090.3 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. During a hearing to:
1. Sentence a person; or
2. Accept a plea of guilty,
for a person who is a survivor of domestic abuse, and has been
charged with a crime, the court shall consider as a mitigating
factor that the person has been abused physica lly, sexually, or
psychologically by the person’s intimate partner or family member.
B. The defendant shall provide to the court evidence including
but not limited to:
1. Documentary evidence corroborating that the defendant was,
at the time of the offense or within one (1 ) year prior to the
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commission of the offense, a v ictim of domestic abuse perpetrated by
the person the defendant defended hi mself or herself against; and
2. At least one piece of documentary evidence that is a court
record, presentence report, social services record, hospital record,
sworn statement from a witness to the domestic violence who is not
the defendant, law enforcement record, domestic incident report, or
order of protection.
Other evidence may include but not be limited to local jail
records or records of the Department of Corrections, docume ntation
prepared at or near the time of the commission of the offense or the
prosecution thereof tending to support the claims of the defendant,
or verification of consultation with a licensed medical care
provider or mental health care pr ovider, employee of a court acting
within the scope of his or her employment, member of the clergy,
attorney, social worker, or rape crisis counse lor, or other advocate
acting on behalf of an agency tha t assists victims of domestic
abuse. Expert testimony from a psychiatr ist, psychologist, or
mental health professional showing that the defenda nt has been
diagnosed with post-traumatic stress disorder may also be submitted
to the court as evidence.
C. If the court finds by a preponderance of the evidence tha t
the defendant is a survivor of domestic abuse within one (1) year
prior to or on the date of the offense and that abuse was a
substantial contributing factor to the defendant ’s criminal
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liability, the court shall depart from the applicable sentence to
the ranges provided as follows:
1. Sentences of life without the possibility of parole sha ll be
reduced to thirty (30) years or less;
2. Sentences of life with the possibility of parole shall be
reduced to twenty-five (25) years or less;
3. Sentences of thirty (30) years or more shall be reduced to
twenty (20) years or less;
4. Sentences of twenty (20) years or more shall be reduced to
fifteen (15) years or less;
5. Sentences of fifteen (15) years or more shall be reduce d to
seven and one-half (7 1/2) years or less; and
6. Sentences of eight (8) years or more shall be reduced to
five (5) years or less.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1090.4 of Title 22, unless there
is created a duplicati on in numbering, reads as follows:
A. Where a court has imposed a criminal judgment and sentence
upon a defendant other than for an offense which would require such
defendant to register as a sex offender pursuant to the Sex
Offenders Registration Act, an attempt or conspiracy to commit any
such offense, or any crime for which the d efendant has been
sentenced to death, and the defendant is serving the sentence in the
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custody of the Department of Corrections, the court shall impose a
new, lesser sentence up on a determination following a hearing that:
1. At the time of the offense for which the sentence is being
served, the defendant was a victim of domestic violence and
subjected to physical, sexual, or psyc hological abuse inflicted by a
member of the same family or household as the defendant, or someone
who was an intimate partner of the defendant; and
2. Such abuse was a significant con tributing factor to the
criminal behavior of the defendant .
At the hearing to determine whether the defendant should be
resentenced pursuant to this section, the court shall consider oral
and written arguments, take testimony from witnesses offered by
either party, and consider all relevant evidence to assist in making
its determination. The court may determine that such abuse
constitutes a significant contributing factor to the crime
regardless of whether the defendant raised an affirmative defense.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1090.5 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. Any person who is:
1. Confined in an institution und er the custody and control of
the Department of Corrections;
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2. Serving a sentence with a minimum term of eight (8) years or
more for an offense committed prior to the effective date of this
act; and
3. Eligible for an alternative sentence pursuant to t he
provisions of Section 3 of this act,
may, on or after the effective date of this act, submit to the judge
who imposed the original sentence a request to apply for
resentencing in accordance with the provisions of Section 3 of this
act. Such person shall include in the request documentation showing
that he or she is confined in an institution under the cu stody and
control of the Department of Corrections and is serving a sentence
of a minimum term of eight (8) years or more for an offense
committed prior to the effective date of this act. The person shall
also declare that he or she is eligible for an alterna tive sentence
under the provisions of Section 3 of this act.
B. At the time of the request to apply for resentencing, if the
original sentencing judge is a judge or justice of a court of
competent jurisdiction, but such court is not the court in which the
original sentence was imposed, the request shall be randomly
assigned to another judge of t he court in which the original
sentence was imposed. If the original sentencing judge is no longer
a judge of a court of competent jurisdiction, the request shall be
randomly assigned to another judge of the appropriate co urt.
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C. 1. If the court finds that such person has met the
requirements to apply for resentencing as provided in subsection A
of this section, the court shall provide notice to the person tha t
he or she may submit an application for resentencing. Upon such
notification, the person may request the court appoint an attorney
to assist the person in the preparation of and proceedings on the
application for resentencing.
2. If the court finds that such person has not met the
requirements to apply for resentenc ing as provided for in subsection
A of this section, the court shall notify the person and dismiss his
or her request without pr ejudice.
D. Upon the receipt of an application for resentencin g, the
court clerk shall promptly notify the appropriate district attorney
and provide such dist rict attorney with a copy of the application.
E. If the judge that received the application is not the judge
who originally sentenced the applicant, the application may be
referred to the original sentencing judge provided t hat he or she is
a judge of a court of competent jurisdiction and the applicant and
the district attorney agree that the appl ication should be referred.
F. An application for resentencing pu rsuant to this section
shall include evidence corroborating the claim of the applicant that
he or she was, within one (1) year prio r to or at the time of the
offense, a victim of domestic violence and subjected to substantial
physical, sexual, or psychological abuse inflic ted by a member of
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the same family or household as the applicant, or previous in timate
partner who was in a relationship with the applicant. At least one
piece of evidence shall be a court record, presen tence report,
social services record, hospital recor d, sworn statement from a
witness to the domestic violence who is not the appli cant, law
enforcement record, domestic incident report, or order of
protection. Other evidence may include but not be limited to local
jail records or records of the Department of Corrections,
documentation prepared at or near the time of the commission of the
offense or the prosecution thereof tending to support the claims of
the applicant, or verification of consultation with a licensed
medical care provider or mental health c are provider, employee of a
court acting within the scope of his or her employm ent, member of
the clergy, attorney, social worker, or rape crisis co unselor, or
other advocate acting on behalf of an agency th at assists victims of
domestic abuse. Expert tes timony from a psychiatrist, psychologist,
or mental health professional showing that the applicant has been
diagnosed with post-traumatic stress disorder may also be submitted
to the court as evidence.
G. 1. If the court finds that the applicant has not complied
with the provisions of subsection F of this section, the court shall
dismiss the application without prejudice.
2. If the court finds that the applicant has complied with the
provisions of subsection F of this section, the court shall conduct
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a hearing to aid in making its determination of whether the
applicant should be resentenced in accordance with Section 3 of this
act. At the hearing, the court shall determine any controverted
issues of fact relevant to the issue of sentencing. The court ma y
consider any facts or circumstances relevant to the imposition of a
new sentence submitted by the applicant or the district attorney and
may consider the institutional record of confinement of such person;
provided, however, the court shall not order a n ew presentence
investigation and report or entertain any matter challenging the
underlying basis of the subject conviction. Consideration of the
institutional record of confin ement of an applicant by the court
shall include but not be limited to the participation or willingness
of the applicant to participate in programming such as domestic
violence, parenting, and substance abuse treatment while
incarcerated and the disciplinary history of the applicant. The
fact that the applicant may have been unable t o participate in
treatment or other programming while incarcerated despite the
willingness of the applicant to do so shall not b e considered a
negative factor when the court i s making its determination.
H. If the court determines that the applicant should not be
resentenced in accordance with Section 3 of this act, the court
shall inform such applicant of its decision and shall enter an order
to that effect. Any order issued by a court pursuant to this
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subsection shall include written findings of fact and the reasons
for such order.
I. If the court determines that the applicant should be
resentenced in accordance with Section 3 o f this act, the court
shall notify the applica nt that, unless he or she withdraws the
application for resentencing or appeals th e order of the court, the
court shall enter an order vacating the sentence orig inally imposed
and shall impose a new sentence, as authorized by Sect ion 3 of this
act. Any order issued by a court pursuant to this section shall
include written findings of f act and the reasons for such order.
Sentences modified pursuant to the provisions of this section shall
be reduced in the follo wing manner:
1. Sentences of life without the possibility of parole shall be
reduced to thirty (30) years or less;
2. Sentences of life with the possibility of parole shall be
reduced to twenty-five (25) years or less;
3. Sentences of thirty (30) years or more shall be red uced to
twenty (20) years or less;
4. Sentences of twenty (20) years or more shall be reduced to
fifteen (15) years or less;
5. Sentences of fifteen (15) years or more shall be reduced to
seven and one-half (7 1/2) years or less; and
6. Sentences of eight (8) years or more shall be reduced to
five (5) years or less.
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J. An appeal to the Court of Criminal Appe als may be taken as
of right in accordance with the applicable provisions provi ded for
in Title 22 of the Oklahoma Statutes from:
1. An order denying resentencing; or
2. A new sentence imposed under the provisions of this section.
The applicant may reque st that the Court of Criminal Appeals assign
an attorney to the applicant for the preparation of and proceedings
for any appeal regarding the application for resentencing.
K. When calculating the new sentence to be served by the
applicant pursuant to Sect ion 3 of this act, such applicant shall be
credited for any time served in the county jail and any period of
incarceration served under the custody and control of the Department
of Corrections toward the sentence originally imposed.
SECTION 6. This act shall become effective November 1, 2024.
59-2-2698 TEK 12/15/2023 5:54:53 PM