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SENATE FLOOR VERSION
February 13, 2024
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1470 By: Treat
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 for
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 denial of applications; establishing
hearing procedures upon approval of applications;
providing notice procedures for orders issued by the
court; 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 PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes 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 codif ied
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. “Domestic violence” 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;
2. “Physical abuse” means any real or threatened physical
injury or damage to the body that is not accidental;
3. “Post-traumatic stress disorder ” means the same as such term
is defined in the Diagnostic and Sta tistical Manual of Mental
Disorders, Fifth Edition (DSM -5, 2013), and occurred as a result of
the victimization of a survivor related to the violence or abuse;
4. “Psychological abuse” means a pattern of real or thre atened
mental intimidation, threats, coercive control, economic or
financial control, and humiliation that provokes fear of harm; and
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5. “Sentencing hearing” means a postconviction hearing in which
the defendant is brought before the court for imposition of a
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 violence and has been
charged with a crime, the court shall consider as a mitigating
factor that the person has be en abused physically, sexually, or
psychologically by the person’s sexual partner, family member or
member of the household , the trafficker of the person, or other
individual who used the person for financial gain .
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 , a victim of domestic violence; and
2. At least one piece of documentary evidence that is a court
record, presentence repo rt, social services record, hospital record,
sworn statement from a witness to th e domestic violence or abuse who
is not the defendant, law enforcement r ecord, domestic incident
report, or protective order.
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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 or prosecution of the
offense tending to support the claims of the defendant, or
verification of consultation with a licensed medic al care provider
or mental health care pr ovider, employee of a court acting withi n
the scope of his or her employment, member of the clergy, attorney,
social worker, rape crisis counselor, or other advocate acting on
behalf of an agency tha t assists victims of domestic violence or
abuse. Expert testimony from a psychiatrist, psychologist, or
mental health professional showing that the defenda nt has been
diagnosed with post-traumatic stress disorder as a result of the
violence or abuse at issue may also be submitted to the court as
evidence.
C. If the court finds by a preponderance of the evidence that
at the time of the offense the defendant was a survivor of domestic
violence or subjected to physical, sexual, or p sychological abuse
inflicted by a sexual partner, a family member or member of the
household, the trafficker of the defendant, or any person who used
the defendant for financial gain, and that the violence or abuse was
a substantial contributing factor in causing the defendant to commit
the offense or to the defendant’s criminal behavior, the court shall
depart from the applicable sentence to the ranges provided as
follows:
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1. Sentences of life w ithout 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.
D. The provisions of this section shall not apply to a person
convicted of:
1. An offense that would require the person to register as a
sex offender;
2. An attempt or conspiracy to commit an offense that woul d
require the person to register as a s ex offender;
3. An offense specified in subsec tion A of Section 843.3 of
Title 21 of the Oklahoma Statutes;
4. An offense specified in subsection A of Section 84 3.5 of
Title 21 of the Oklahoma S tatutes; or
5. An offense for which the person has received a sentence of
death.
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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 duplication in numbering, reads as follows:
A. Where a court has imposed a criminal judgment and sentence
upon a defendant other than for an offense described in subsection D
of Section 3 of this act and the defendant is serving the sente nce
in the custody of the Department of Correct ions, the court shall
impose a new, lesser sentence following a hearing if the court
determines:
1. At the time of the offense for which the sentence is being
served, the defendant was a victim of domestic violence or subjected
to physical, sexual, or psyc hological abuse inflicted by a sexual
partner, a family member or member of the household, the trafficker
of the defendant, or any person who used the defendant for financial
gain; and
2. Such violence or abuse was a significant con tributing factor
in causing the defendant to commit the offense for which he or she
is presently in custody or to the defendant’s criminal behavior.
At the hearing to determine whether the defendant should be
resentenced pursuant to this section, the court shall take testimony
from witnesses offered by either party and consider oral and written
arguments and any other relevant evidence to assist in making its
determination. The court may determine that such violence or abuse
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constituted a significant contributing factor to the offense
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 co ntrol of
the Department of Corrections;
2. Serving a sentence for an offense committed prior to the
effective date of this act; an d
3. Eligible for an a lternative 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 o f this
act. The person shall include in the request documentation showing
that he or she is confi ned in an institution under the cu stody and
control of the Department of Corrections and is serving a sente nce
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
alternative sentence under the provisions of Section 3 of this act.
B. If the original sentencing judge is not serving on the court
in which the original sentence was impo sed at the time of the
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request to apply for resentencing , the request shall be randomly
assigned to a judge of the original sentencing court.
C. 1. If the court finds that the person has met the
requirements to apply for resentencing as provided in s ubsection 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 pr oceedings 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 shal l notify the person and deny his or
her request without prejudice.
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 receive s the application is not the judge
who originally sentenced the applicant, the application may be
referred to the original sentencing judge if he or she is serving as
a judge of a court of competent jurisdiction and t he applicant and
the district attorney agree that the application 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 a victim of domestic violence or subjected to
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physical, sexual, or psychological abuse inflicted by a sexual
partner, a family member or member of the household, the trafficker
of the applicant, or any person who used t he applicant for financial
gain. At least one piece of evidenc e shall be a court record,
presentence report, social services record, hospital record, sworn
statement from a witness to the domestic violence who is not the
applicant, law enforcement record, domestic incident report, or
protective order. 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 com mission or
prosecution of the offense tending to support the claims of the
applicant, or verification of consultation with a licensed m edical
care provider or mental health care provider, e mployee of a court
acting within the scope of his or her employm ent, member of the
clergy, attorney, social worker, rape crisis counselor, or other
advocate acting on behalf of an agency th at assists victims of
domestic violence or abuse. Expert testimony from a psychiatrist,
psychologist, or mental health professional s howing that the
applicant has been diagno sed with post-traumatic stress disorder may
also be submitted to the court.
G. 1. If the court finds that the applicant has not complied
with the provisions of subsection F of this section, the court shall
deny the application without prejudice.
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2. If the court finds that the applicant has complied with the
provisions of subsection F of this section, the court shall c onduct
a sentencing 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 may consider any f acts 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 institutional
record shall not be solely dispos itive as to whether an applicant
receives a reduced sen tence. The court shall not order a ne w
presentence investigation and report or entertain any matter
challenging the underlying basis of the subject convi ction.
Consideration of the institutional record of confin ement of an
applicant by the court shall include but not be limited to the
participation of the applicant in programming such as domestic
violence, parenting, and substance abuse treatment while
incarcerated and the disciplinary history of the applicant. The
inability of the applicant to participate in treatment or other
programming while incarcerated despite the willingness of the
applicant to do so shall not be considered a negative factor when
the court is making its determination.
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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 i ssued by a court pursuant to this
subsection shall include written findings of fact a nd the reasons
for such order. If the applicant is denied on the merits of the
application, the court shall deny the application wi th prejudice.
I. If the court determines that the applicant should be
resentenced in accordance with Section 3 of this act, the court
shall notify the applica nt that, unless he or she withdraws the
application for resentencing or appeals the order of the court, the
court shall enter an order v acating the sentence orig inally imposed
and shall impose a new sentence as set forth in Section 3 of this
act. Any order issued by a court pursuant to this subsection shall
include written findings of fact and the reasons for suc h order.
Sentences modified pursuant to the provisions of this section shall
be reduced as set forth in subsection C of Section 3 of this act.
J. An appeal to the Court of Criminal Appeals 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 impose d under the provisions of this section.
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The applicant may request that the Court of Criminal Appeals assign
an attorney to the appli cant for the preparat ion 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 Section 3 of this ac t, the 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.
COMMITTEE REPORT BY: COMMITTEE ON JUD ICIARY
February 13, 2024 - DO PASS AS AMENDED BY CS