Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1702 Compare Versions

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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. 1702 By: Daniels of the Senate
7	37
8	38		and
9	39
10	40		Worthen of the House
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15	45		An Act relating to death penalty procedure; amending
16	46		22 O.S. 2021, Section 1015, which relates to place of
17	47		execution of judgment; requiring confidentiality of
18	48		identity of certain persons or entities; providing
19	49		exception to discovery of certain materials;
20	50		providing for retroactive application of certain
21	51		provisions; updating statutory language; updating
22	52		statutory reference; and declaring an emergency.
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27		-	SUBJECT: Death penalty procedure
28		-
29	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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31	58		SECTION 1. AMENDATORY 22 O.S. 2021, Section 1015, is
32	59		amended to read as follows:
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34	60		Section 1015. A. A judgment of death must shall be executed at
35	61		the Oklahoma State Penitentiary at McAlest er, Oklahoma, said such
36	62		prison to be designated by the court by which judgment is to be
37	63		rendered.
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39	64		B. The judgment of execution shall take place under the
40	65		authority of the Director of the Department of Corrections and the
41	66		warden must shall be present along with other necessary prison and
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	68	+	SB1702 HFLR Page 2
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42	94		corrections officials to carry out the execution. The warden must
43	95		shall invite the presence of a physician and the di strict attorney
44	96		of the county in which the crime occurred or a designee, the judge
45	97		who presided at the tr ial issuing the sentence of death, the chief
46	98		of police of the municipality in which the crime occu rred, if
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48		-	ENR. S. B. NO. 1702 Page 2
49	99		applicable, and lead law enforcement officia ls of any state, county
50	100		or local law enforcement agency who investigated the crime or
51	101		testified in any court or clemency proceeding related to the crime,
52	102		including but not limited to the sheriff of the county wherein where
53	103		the conviction was had occurred, to witness the execution; in
54	104		addition, the Cabinet Secretary of Public Safety and Security must
55	105		shall be invited as well as any other personnel or correctional
56	106		personnel deemed appropriate and approved b y the Director. The
57	107		warden shall, at the request of the defendant, permit the presence
58	108		of such ministers chosen by the defendant, not exceeding two, and
59	109		any persons, relatives, or friends, not to exceed five, as the
60	110		defendant may name; provided, reporters from recognized members of
61	111		the news media will shall be admitted upon proper identification,
62	112		application, and approval of the warden. The identity of all
63	113		persons or entities who participate in or administer the execution
64	114		process and persons or entities who produce or supply the drugs,
65	115		medical supplies, or medical equipment for the execution shall be
66	116		confidential and shall not be subject to discovery in any ci vil or
67	117		criminal proceedings. The confidentiality requirement and discovery
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68	145		exemption required by this subsection shall be broadly construed and
69	146		shall include but not be limited to any documents, records,
70	147		photographs, or other information that the Director of the
71	148		Department of Corrections determines may identify or reasonably lead
72	149		directly or indirectly to the identification of any person or entity
73	150		who participates in or administers the execution process or any
74	151		person or entity who produces or supplies the drugs, medical
75	152		supplies, or medical equipment for the execution. The
76	153		confidentiality requirement and discovery exemption shall apply to
77	154		records existing prior to, on, or after the effective date of this
78	155		act. The purchase of drugs, medical supplies , or medical equipment
79	156		and any other expenditures necessary to carry out the execution
80	157		shall not be subject to the provisions of The the Oklahoma Central
81	158		Purchasing Act.
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83	159		C. In the event the defendant has been sentenced to death in
84	160		one or more criminal proceeding s in this state, or has been
85	161		sentenced to death in this state and by one or more courts of
86	162		competent jurisdiction in another state or pursuant to feder al
87	163		authority, or any combination thereof, and this state has priority
88	164		to execute the defendant, the warde n must shall invite the
89	165		prosecuting attorney or his or her designee, the judge, and the
90	166		chief law enforcement official from each jurisdiction where any
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92		-	ENR. S. B. NO. 1702 Page 3
93	167		death sentence has issued. The above mentioned officials designated
94	168		in this subsection shall be allowed to witness the execution or view
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95	196		the execution by closed circuit television as determined by the
96	197		Director of the Department of Corrections.
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98	198		D. A place shall be provided at the Oklahoma State Penitentiary
99	199		at McAlester so that individuals who are eighteen (18) years of age
100	200		or older and who are members of the immediate family of any deceased
101	201		victim of the defendant may witness the execution. The immediat e
102	202		family members shall be allowed to witness the execution from an
103	203		area that is separate from the area to which other nonfamily member
104	204		witnesses are admitted; provided, however, if there are multiple
105	205		deceased victims, the Department shall not be required to provide
106	206		separate areas for each family of each deceased victim. If
107	207		facilities are not capable or suffi cient to provide all immediate
108	208		family members with a direct view of the execution, the Department
109	209		of Corrections may broadcast the execution by means o f a closed
110	210		circuit television system to an area in which other immediate family
111	211		members may be located.
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113	212		Immediate family members may request individuals not directly
114	213		related to the deceased victim but who serve a close supporting role
115	214		or professional role to the deceased victim or an immediate family
116	215		member, including, but not limited to, a minister or licens ed
117	216		counselor. The warden in consultation with the Director shall
118	217		approve or disapprove such requests. Provided further, the
119	218		Department may set a limi t on the number of witnesses or viewers
120	219		within occupancy limits.
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122	247		As used in this section, “members of the immediate family” means
123	248		the spouse, a child by birth or adoption, a stepchild, a parent, a
124	249		grandparent, a grandchild, a sibling of a deceased victim, or the
125	250		spouse of any immediate family member specified in this subsection.
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127	251		E. Any surviving victim of th e defendant who is eighteen (18)
128	252		years of age or older may view the execution by closed circuit
129	253		television with the approval of both the Director of th e Department
130	254		of Corrections and the warden. The Director and warden shall
131	255		prioritize persons to view the execution, including immediate family
132	256		members, surviving victims, and supporting persons, and may set a
133	257		limit on the number of viewers within occupanc y limits. Any
134	258		surviving victim approved to view the execution of the defen dant may
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136		-	ENR. S. B. NO. 1702 Page 4
137	259		have an accompanying support person as provided for members of the
138	260		immediate family of a deceased victim. As used in this subsection,
139	261		“surviving victim” means any person w ho suffered serious harm or
140	262		injury due to the criminal acts of the defendant of which the
141	263		defendant has been convicted in a court of competent jurisdiction.
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143	264		SECTION 2. It being immediately necessary for the preservation
144	265		of the public peace, health or safety, an emergency is hereby
145	266		declared to exist, by reason whereof this act shall take effec t and
146	267		be in full force from and after its passage and approval.
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149		-	ENR. S. B. NO. 1702 Page 5
150		-	Passed the Senate the 11 th day of March, 2024.
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154		-	Presiding Officer of the Senate
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157		-	Passed the House of Representatives the 24th day of April, 2024.
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161		-	Presiding Officer of the House
162		-	of Representatives
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164		-	OFFICE OF THE GOVERNOR
165		-	Received by the Office of the Governor this _______ _____________
166		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
167		-	By: _________________________________
168		-	Approved by the Governor of the State of Oklahoma this _______ __
169		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
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171		-	_________________________________
172		-	Governor of the State of Oklahoma
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175		-	OFFICE OF THE SECRETARY OF STATE
176		-	Received by the Office of the Secretary of State this _______ ___
177		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
178		-	By: _________________________________
	269	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, 03/27/2024 -
	270	+	DO PASS.