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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1533 By: Young
AS INTRODUCED
An Act relating to sentencing of juveniles; amending
10A O.S. 2021, Section 2 -5-204, as amended by Section
4, Chapter 375, O.S.L. 2022 (1 0A O.S. Supp. 2023,
Section 2-5-204), which relates to treatment of child
certified as adult or youthful offender in c riminal
proceedings; prohibiting imposition of certain terms
of imprisonment for certain persons; updating
statutory references; amending 22 O.S. 2021, Section
985.1, which relates to departure from mandatory
minimum sentencing; requiring court to depart fr om
mandatory minimum sentence under certain
circumstances; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -5-204, as
amended by Section 4, Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2023,
Section 2-5-204), is amended to r ead as follows:
Section 2-5-204. A. A child who is arrested for an o ffense
pursuant to subsection A, B, C, D, or E of Section 2-5-205 of this
title, may, depending on the child’s age and alleged crime, be
charged as a juvenile delinquent, youthful offend er, or an adult.
If charged as a juvenile delinquent, a petition shall be filed. If
charged as a youthful offender or adult, an information shall be
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filed. At any time after the child is charged as a youthful
offender or adult, the d istrict attorney may dismiss the information
and file a juvenile delinquent petition.
B. If the child is not otherwise rep resented by counsel and
either the child, his or her parent, gua rdian, or next friend
requests an attorney prior to or during interro gation, or upon being
charged by information, as provided in subsection A of this section,
the court shall appoint an attor ney, who shall not be a district
attorney, for the child regardless of any attempted waiver by the
parent, guardian, or next friend of the right to be represented by
counsel. If the court appoints an attorney for a child for the
interrogation or at the in itial appearance, the court shall review
the appointment at a subsequent hearing to determine if the child,
parent, guardian, or next friend qualifies for a court-appointed
attorney.
C. When a person proceeds to trial as either a youthful
offender or as an adult as provided by the Youthful Off ender Act,
the accused person sh all have all the statutory and constitutional
rights and protections o f an adult accused of a crime. All
proceedings shall be as for a criminal action and the provisions of
Title 22 of the Oklahoma Statutes sha ll apply, except as provided
for in the Youthful Offender Act.
D. All youthful offender court records for a person who is
certified to stand trial as an adult or youthful offender shall be
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considered adult records and shall not be subject to the provisions
of Chapter 6 of the Oklahoma Juvenile Code; provided, however, all
reports, evaluations, motions, records, exhibi ts or documents
regarding the educational history, mental health or medical
treatment or condition of the person that are submitted to the co urt
or admitted into evidence during the hearing on the motion for
certification as a juvenile or a youthful offender or on the motion
for imposition of an a dult sentence shall be confidential and shall
be filed or admitted under seal, except that such records sha ll be
provided to the Office of Juv enile Affairs. Any testimony regarding
the reports, evaluations, mo tions, records, exhibits or documents
shall be given in camera and shall not be open to the g eneral
public; provided, all persons having a direct interest in the case
as provided in paragr aph 1 of subsection A of Section 2-2-402 of
this title shall be allo wed to be present during the testimony but
shall be admonished not to discuss the testimony f ollowing the
hearing. All reports, evaluations, motions, re cords, exhibits or
documents shall be released from under seal by order of the court if
the youthful offender is sentenced to the custody or supervis ion of
the Department of Corrections by the cou rt pursuant to paragraph 1
of subsection B A of Section 2-5-209 2-5-208A or subsection B of
Section 2-5-210 2-5-210A of this title or if the juvenile or
youthful offender is later charged as an adult with a felony crime.
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E. Proceedings against a youthful offen der shall be heard by
any judge of the district court.
F. Upon arrest and detention of a person subject to the
provisions of the Youthful Offender Act, the person has the sa me
right to be released on bail as would an adult in the same
circumstances.
G. Upon a verdict of guilty or entry of a plea of guilty or
nolo contendere by a youthful offender who has been certified for
the imposition of an adult sentence as provided by S ection 2-5-207
2-5-207A of this title, the person may be detained in an adult jail,
adult lockup, adult detention facility or o ther adult facility if
that facility is licensed by the State Department of Health t o
detain children under eighteen (18) years o f age while the person is
awaiting housing by the Department of Corrections. In no event
shall a person who was under eighteen (18) years of age at the time
the offense was comm itted be sentenced to life imprisonment without
the possibility of parole or be giv en a mandatory minimum sentence
that carries a term of imprisonment that exceeds t wenty (20) years.
H. A child or youthful offender shall be tried a s an adult in
all subsequent criminal prosecutions, and shall not be subject to
the jurisdiction of the juvenile court as a juvenile delinque nt or
youthful offender processes in any further proceedings if:
1. The child or youthful offender has been certi fied to stand
trial as an adult pursuant to any certification procedure provided
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by law and is subsequently convicted of the alleged offense or
against whom the imposition of judgment and sentence has been
deferred; or
2. The youthful offender has been c ertified for the impositi on
of an adult sentence as provided by Section 2-5-207 2-5-207A of this
title and is subsequently convicted of the all eged offense or
against whom the imposition of judgment and sentencing has been
deferred.
I. Except as otherwise provide d in the Youthful Offe nder Act, a
person who has been certifi ed as a youthful offender shall be
prosecuted as a youthful offender in all subsequen t criminal
proceedings until the youthful offender has attained eighteen (18)
years of age.
All proceedings for the commission of a crime committed after a
youthful offender has reached eighteen (18) years of age shall be
adult proceedings.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 985.1, is
amended to read as follows:
Section 985.1. A. When sentencing a person convicted of a
criminal offense for which there is a mandatory minimum se ntence of
imprisonment, the court may depart from the applicable sen tence if
the court finds substantial and compelling reasons on the record,
after giving due regard to the nature of the crime, history, and
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character of the defendant and his or her chance s of successful
rehabilitation, that:
1. The mandatory minimum sent ence of imprisonment is not
necessary for the protection of the public; or
2. Imposition of the mandatory minimum sentence of imprisonment
would result in substantial injustice to the def endant; or
3. The mandatory minimum sentence of imprisonment is not
necessary for the protection of the public and the defendant, based
on a risk and needs assessment, is eligible for an alternative
court, a diversion program or community sentencing, with out regard
to exclusions because of previous convictions, and has be en accepted
to the same, pending sentencing.
B. The Except as provided in subsection D of this section, the
court shall not have the discretion to depart from the applicable
mandatory minimum sentence of imprisonment on convictions for
criminal offenses under the following circumstances:
1. The offense for wh ich the defendant was convicted is among
those crimes listed in Section 571 of Title 57 of the Oklahoma
Statutes as excepted from th e definition of “nonviolent offense”;
2. The offense for which the defendant was convicted was a sex
offense and will requi re the defendant to register a s a sex offender
pursuant to the provisions of the Sex Offenders Registration Act;
3. The offense for which the defendant was convicted involved
the use of a firearm;
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4. The offense for which the defendant was convicted is a crime
listed in Section 13.1 of Title 21 of the Oklahoma Statutes
requiring the defendant to serve not less than eighty -five percent
(85%) of any sentence of imprisonm ent imposed by the judicial syst em
prior to becoming eligible for consideration for paro le;
5. The offense for which the defendant was convicted is a
violation of the Trafficking in Illegal Drugs Act as provided in
Sections 2-414 through 2-420 of Title 63 of the O klahoma Statutes;
6. The defendant was the leader, manager or supervisor of
others in a continuing criminal enterprise; or
7. The offense for which the defendant was convicted is a
violation of the Oklahoma An titerrorism Act as provided in Secti ons
1268 through 1268.8 of Title 21 of the Oklahoma Statutes.
C. Any departure from the mandatory minimum sentence as
authorized in this section shall not reduce the sentence to less
than twenty-five percent (25%) of th e mandatory term.
D. The court shall de part from the applicable man datory minimum
sentence as required pursuant to subsection G of Section 2-5-204 of
Title 10A of the Oklahoma Statutes.
SECTION 3. This act shall become effective November 1, 2024.
59-2-2943 TEK 1/2/2024 2:02:42 PM