Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1470 Compare Versions

Version 1 (Old)

Version 2 (New)

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3	28
4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 59th Legislature (2024)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1470 By: Treat and Matthews of the
7	37		Senate
8	38
9	39		and
10	40
11	41		Echols, Roberts, Wolfley,
12		-	McDugle, Hasenbeck, Moore,
13		-	Munson, Stark, Williams,
14		-	Fugate, Schreiber, and
15		-	Waldron of the House
	42	+	McDugle, and Hasenbeck of
	43	+	the House
16	44
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19	47		An Act relating to sentencing; creating the Oklahoma
20	48		Survivors’ Act; providing short title; defining
21	49		terms; directing courts to consider certain
22	50		mitigating factors during sentencing and pleas;
23	51		requiring defendants to provide certain evidence;
24	52		allowing courts disc retion to depart from applicable
25	53		sentences; authorizing courts to impose lesser
26	54		sentences under certain c ircumstances; providing for
27	55		the introduction of certain arguments and testimony;
28	56		allowing defendants with certain sentences to request
29	57		an application for resentencing; requiring inclusion
30	58		of certain information when making request; providing
31	59		jurisdictional requirements; providing notice
32	60		procedures when granting or denying requests;
33	61		allowing defendants to request the appointment of
34	62		counsel; directing cour t clerks to send notification
35	63		to the appropriate district attorney; requiring the
36	64		inclusion of certain ev idence with applications;
37	65		providing for denial of applications; establishing
38	66		hearing procedures upon approval of applications;
39	67		providing notice procedures for orders issued by the
40	68		court; providing for the appeal of orders; allowing
41	69		applicants to request th e appointment of counsel;
42	70		requiring time served to be credited toward sentence;
43	71		providing for codification; and providing an
44	72		effective date.
45	73
46	74
47	75
48		-	ENR. S. B. NO. 1470 Page 2
49	76
50		-
51		-	SUBJECT: Judgment and sentence
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53	103		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
54		-
55	104		SECTION 1. NEW LAW A new section of law to be codified
56	105		in the Oklahoma Statutes as Section 1090.1 of Title 22, unless there
57	106		is created a duplication in numbering, reads as follows:
58		-
59	107		This act shall be known and may be cited as the “Oklahoma
60	108		Survivors’ Act”.
61		-
62	109		SECTION 2. NEW LAW A new section of law to be codified
63	110		in the Oklahoma Statutes as Section 1090.2 of Title 22, unless there
64	111		is created a duplication in numbering, reads as follows:
65		-
66	112		As used in this act:
67		-
68	113		1. “Domestic violence” means any act of physical harm or the
69	114		threat of imminent physical harm which is committed by an adult,
70	115		emancipated minor, or minor child thirteen (13) years of age or
71	116		older against another ad ult, emancipated minor, or minor child who
72	117		is currently or was previously an intimate partner or family or
73	118		household member;
74		-
75	119		2. “Physical abuse” means any real or threatened physical
76	120		injury or damage to the body that is not accidental;
77		-
78	121		3. “Post-traumatic stress disorder” means the same as such term
79	122		is defined in the Diagnostic and Statistical Manual of Men tal
80	123		Disorders, Fifth Edition (DSM -5, 2013), and occurred as a result of
81	124		the victimization of a survivor related to the violence or abuse;
82	125
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83	152		4. “Psychological abuse” means a pattern of real or threatened
84	153		mental intimidation, threats, coercive control, econom ic or
85	154		financial control, and humiliation that provoke s fear of harm; and
86		-
87	155		5. “Sentencing hearing” means a postconviction hearing in which
88	156		the defendant is brought before the court for imposition of a
89	157		sentence.
90		-
91		-
92		-	ENR. S. B. NO. 1470 Page 3
93	158		SECTION 3. NEW LAW A n ew section of law to be codified
94	159		in the Oklahoma Statutes as Section 1090.3 of Title 22, unless there
95	160		is created a duplication in numbering, reads as fo llows:
96		-
97	161		A. During a hearing to:
98		-
99	162		1. Sentence a person; or
100		-
101	163		2. Accept a plea of guilty,
102		-
103	164		for a person who is a survivor of domestic violence and has been
104	165		charged with a crime, the court shall consider as a mitigating
105	166		factor that the person has be en abused physically, sexually, or
106	167		psychologically by the person ’s sexual partner, family member or
107	168		member of the household, the trafficker of the person, or other
108	169		individual who used the person for financial gain .
109		-
110	170		B. The defendant shall provide to the court evidence including
111	171		but not limited to:
112		-
113	172		1. Documentary evidence corroborating that the defendant was,
114	173		at the time of the offense, a victim of domestic violence; and
115		-
116	174		2. At least one piece of documentary evidence that is a court
117	175		record, presentence repo rt, social services record, hospital record,
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118	203		sworn statement from a witness to the domestic violence or abuse who
119	204		is not the defendant, law enforcement record, domestic incident
120	205		report, or protective order.
121		-
122	206		Other evidence may include but not be limited to local jail
123	207		records or records of the Department of Corrections, documentation
124	208		prepared at or near the time of the co mmission or prosecution of the
125	209		offense tending to support the claims of the defendant, or
126	210		verification of consultation with a licensed medic al care provider
127	211		or mental health care provider, employee of a court acting within
128	212		the scope of his or her employmen t, member of the clergy, attorney,
129	213		social worker, rape crisis counselor, or other advocate acting on
130	214		behalf of an agency that assists victims of domesti c violence or
131	215		abuse. Expert testimony from a psychiatrist, psychologist, or
132	216		mental health professional showing that the defendant has been
133	217		diagnosed with post-traumatic stress disorder as a result of the
134		-
135		-	ENR. S. B. NO. 1470 Page 4
136	218		violence or abuse at issue may also be submitted to the court as
137	219		evidence.
138		-
139	220		C. If the court finds by a preponderance of the evidence that
140	221		at the time of the offense the defendant was a survivor of domestic
141	222		violence or subjected to physical, sexual, or psychological abuse
142	223		inflicted by a sexual partner, a family member or member of the
143	224		household, the trafficker of the defendant, or any person who used
144	225		the defendant for financial gain, and that the violence or abuse was
145	226		a substantial contributing factor in causing the defendant to commit
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146	254		the offense or to the defendant’s criminal behavior, the court shall
147	255		depart from the applicable sentence to the ranges provide d as
148	256		follows:
149		-
150	257		1. Sentences of life without the possibility of parole shall be
151	258		reduced to thirty (30) years or less;
152		-
153	259		2. Sentences of life with the poss ibility of parole shall be
154	260		reduced to twenty-five (25) years or less;
155		-
156	261		3. Sentences of thirty (30) years or more shall be reduced to
157	262		twenty (20) years or less;
158		-
159	263		4. Sentences of twenty (20) years or more shall be reduced to
160	264		fifteen (15) years or less;
161		-
162	265		5. Sentences of fifteen (15) years or more shall be reduced to
163	266		seven and one-half (7 1/2) years or less; and
164		-
165	267		6. Sentences of eight (8) years or more shall be reduced to
166	268		five (5) years or less.
167		-
168	269		D. The provisions of this section shall not apply to a person
169	270		convicted of:
170		-
171	271		1. An offense that would require the person to register as a
172	272		sex offender;
173		-
174	273		2. An attempt or conspiracy to commit an offense that would
175	274		require the person to register as a sex offender;
176		-
177		-
178		-	ENR. S. B. NO. 1470 Page 5
179	275		3. An offense specified in subsection A of Se ction 843.3 of
180	276		Title 21 of the Oklahoma Statutes;
181	277
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182	304		4. An offense specified in subsection A of Section 84 3.5 of
183	305		Title 21 of the Oklahoma Statutes; or
184		-
185	306		5. An offense for which the person has received a sentence of
186	307		death.
187		-
188	308		SECTION 4. NEW LAW A new section of law to be codified
189	309		in the Oklahoma Statutes as Section 1090.4 of Title 22, unless there
190	310		is created a duplication in numbering, reads as follows:
191		-
192	311		A. Where a court has imposed a criminal judgment and sentence
193	312		upon a defendant other th an for an offense described in subsection D
194	313		of Section 3 of this act and the defendant is serving the sentence
195	314		in the custody of the Department of Corrections, the court shall
196	315		impose a new, lesser sentence following a hearing if the court
197	316		determines:
198		-
199	317		1. At the time of the offense for which the sentence is being
200	318		served, the defendant was a victim of domestic violence or subjected
201	319		to physical, sexual, or psychological abuse inflicted by a sexual
202	320		partner, a family member or member of the household, the trafficker
203	321		of the defendant, or any person who used the defendant for financial
204	322		gain; and
205		-
206	323		2. Such violence or abuse was a significant contributing factor
207	324		in causing the defendant to commit the offense for which he or she
208	325		is presently in custody or to the defendant ’s criminal behavior.
209		-
210	326		At the hearing to determine whether the defendant should be
211	327		resentenced pursuant to this se ction, the court shall take testimony
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212	355		from witnesses offered by either party and consider oral and written
213	356		arguments and any other relevant evidence to assist in making its
214	357		determination. The court may determine that such violence or abuse
215	358		constituted a significant contributing factor to the offense
216	359		regardless of whether the defendant raised an affirmative defense.
217		-
218	360		SECTION 5. NEW LAW A new section of law to be codified
219	361		in the Oklahoma Statutes as Section 1090.5 of Title 22, unless t here
220	362		is created a duplication in numbering, reads as follows:
221		-
222		-	ENR. S. B. NO. 1470 Page 6
223		-
224	363		A. Any person who is:
225		-
226	364		1. Confined in an institution under the custody and co ntrol of
227	365		the Department of Corrections;
228		-
229	366		2. Serving a sentence for an offense committed prior to the
230	367		effective date of this act; and
231		-
232	368		3. Eligible for an alternative sentence pursuant to the
233	369		provisions of Section 3 of this act,
234		-
235	370		may, on or after the effective date of th is act, submit to the j udge
236	371		who imposed the original sentence a request to apply for
237	372		resentencing in accordance with the provisions of Section 3 of this
238	373		act. The person shall include in the request documentation showing
239	374		that he or she is confi ned in an institution under the custody and
240	375		control of the Department of Corrections and is serving a sentence
241	376		for an offense committed prior to the effective date of this act.
242	377		The person shall also declare that he or she is eligible for an
243	378		alternative sentence under the provisions of Section 3 of this act.
244	379
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245	406		B. If the original sentencing judge is not serving on the court
246	407		in which the original sentence was imposed at the time of the
247	408		request to apply for resentencing , the request shall be randomly
248	409		assigned to a judge of the original sentencing court.
249		-
250	410		C. 1. If the court finds that the person has met the
251	411		requirements to apply for resentencing as provided in subsection A
252	412		of this section, the court shall provide notice to the person that
253	413		he or she may submit an application for resentencing. Upon such
254	414		notification, the person may request the court appoint an attorney
255	415		to assist the person in the preparation of and proceedings on the
256	416		application for resentencing.
257		-
258	417		2. If the court finds that such person has not met the
259	418		requirements to apply for resentencing as provided for in subsection
260	419		A of this section, the court shall notify the person and deny his or
261	420		her request without prejudice.
262		-
263		-
264		-	ENR. S. B. NO. 1470 Page 7
265	421		D. Upon the receipt of an application for resentencing, the
266	422		court clerk shall promptly notify the appropriate district attorney
267	423		and provide such district attorney with a copy of the application.
268		-
269	424		E. If the judge that receive s the application is not the judge
270	425		who originally sentenced the applicant, the application may be
271	426		referred to the original sentencing judge if he or she is serving as
272	427		a judge of a court of competent jurisdiction and the applicant and
273	428		the district attorney agree that the application should be referred.
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274	455
275	456		F. An application for resentencing pursuant to this section
276	457		shall include evidence corroborating the claim of the applicant that
277	458		he or she was a victim of domestic violence or subjected to
278	459		physical, sexual, or psychological abuse inflicted by a sexual
279	460		partner, a family member or member of the household, the trafficker
280	461		of the applicant, or any person who used the applicant for financial
281	462		gain. At least one piece of evidence shall be a court record,
282	463		presentence report, social services record, hospital record, sworn
283	464		statement from a witness to the domestic violence who is not the
284	465		applicant, law enforcement record, domestic incident report, or
285	466		protective order. Other evidence may include but not be limited to
286	467		local jail records or records of the Department of Corrections,
287	468		documentation prepared at or near the time of the com mission or
288	469		prosecution of the offense tending to support the claims of the
289	470		applicant, or verification of consultatio n with a licensed medical
290	471		care provider or mental health care provider, employee of a court
291	472		acting within the scope of his or her employment, member of the
292	473		clergy, attorney, social worker, rape crisis counselor, or other
293	474		advocate acting on behalf of an age ncy that assists victims of
294	475		domestic violence or abuse. Expert testimony from a psychiatrist,
295	476		psychologist, or mental health professional s howing that the
296	477		applicant has been diagnosed with post -traumatic stress disorder may
297	478		also be submitted to the court.
298	479
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299	506		G. 1. If the court finds that the applicant has not complied
300	507		with the provisions of subsection F of this section, the court shall
301	508		deny the application without prejudice.
302		-
303	509		2. If the court finds that the applicant has complied with the
304	510		provisions of subsection F of this section, the court shall conduct
305	511		a sentencing hearing to aid in making its determination of whether
306	512		the applicant should be resentenced in accordance with Section 3 of
307		-
308		-	ENR. S. B. NO. 1470 Page 8
309	513		this act. At the hearing, the court shall determine any
310	514		controverted issues of fact relevant to the issue of sentencing.
311	515		The court may consider any facts or circumstances relevant to the
312	516		imposition of a new sentence submit ted by the applicant or the
313	517		district attorney and may consider the institutional record of
314	518		confinement of such person; provided, however, the institutional
315	519		record shall not be solely dispositive as to whether an applicant
316	520		receives a reduced sen tence. The court shall not order a new
317	521		presentence investigation and report or entertain any matter
318	522		challenging the underlying basis of the subject conviction.
319	523		Consideration of the institutional record of confinement of an
320	524		applicant by the court shall include but no t be limited to the
321	525		participation of the applicant in programming such as domestic
322	526		violence, parenting, and substance abuse treatment while
323	527		incarcerated and the disciplinary history of the applicant. The
324	528		inability of the applicant to participa te in treatment or other
325	529		programming while incarcerated despite the willingness of the
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326	557		applicant to do so shall not be considered a negative factor when
327	558		the court is making its determination.
328		-
329	559		H. If the court determines that the applicant should not be
330	560		resentenced in accordance with Section 3 of this act, the court
331	561		shall inform such applicant of its decision and shall e nter an order
332	562		to that effect. Any order issued by a court pursuant to this
333	563		subsection shall include written findings of fact and the reason s
334	564		for such order. If the applicant is denied on the merits of the
335	565		application, the court shall deny the application with prejudice.
336		-
337	566		I. If the court determines that the applicant should be
338	567		resentenced in accordance with Section 3 of this act, the court
339	568		shall notify the applicant that, unless he or she withdraws the
340	569		application for resentencing or appeals the order of t he court, the
341	570		court shall enter an order vacating the sentence originally imposed
342	571		and shall impose a new sentence as set forth in Section 3 of this
343	572		act. Any order issued by a court pursuant to this subsection shall
344	573		include written findings of fact and the reasons for such order.
345	574		Sentences modified pursuant to the provisions of this section shall
346	575		be reduced as set forth in subsection C of Section 3 of th is act.
347		-
348	576		J. An appeal to the Court of Criminal Appeals may be taken as
349	577		of right in accordance with the a pplicable provisions provided for
350	578		in Title 22 of the Oklahoma Statutes from:
	579	+	1. An order denying resentencing; or
	580	+	2. A new sentence impose d under the provisions of this section.
351	581
352		-	ENR. S. B. NO. 1470 Page 9
353		-
354		-	1. An order denying resentencing ; or
355		-
356		-	2. A new sentence imposed under the provisions of this section.
	582	+	SB1470 HFLR Page 12
	583	+	BOLD FACE denotes Committee Amendments. 1
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357	607
358	608		The applicant may request that the Court of Criminal Appeals assign
359	609		an attorney to the applicant for the preparation of and proceedings
360	610		for any appeal regarding the application for resentencing.
361		-
362	611		K. When calculating the new sent ence to be served by the
363	612		applicant pursuant to Section 3 of this act, the applicant shall be
364	613		credited for any time served in the county jail and any period of
365	614		incarceration served under the custody and control of the Department
366	615		of Corrections toward the sentence originally imposed.
367		-
368	616		SECTION 6. This act shall become effective November 1, 2024.
369	617
370		-
371		-	ENR. S. B. NO. 1470 Page 10
372		-	Passed the Senate the 14th day of March, 2024.
373		-
374		-
375		-
376		-	Presiding Officer of the Senate
377		-
378		-
379		-	Passed the House of Representatives the 17th day of April, 2024.
380		-
381		-
382		-
383		-	Presiding Officer of the House
384		-	of Representatives
385		-
386		-	OFFICE OF THE GOVERNOR
387		-	Received by the Office of the Governor this _______ _____________
388		-	day of _________________ __, 20_______, at _______ o'clock ______ _ M.
389		-	By: _________________________________
390		-	Approved by the Governor of the State of Oklahoma this _______ __
391		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
392		-
393		-	_________________________________
394		-	Governor of the State of Oklahoma
395		-
396		-
397		-	OFFICE OF THE SECRETARY OF STATE
398		-	Received by the Office of the Secretary of State this _______ ___
399		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
400		-	By: _________________________________
	618	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	619	+	03/28/2024 - DO PASS.