An Act
ENROLLED SENATE
BILL NO. 325 By: Daniels of the Senate
and
Duel, Deck, Lepak, and Lowe
(Jason) of the House
An Act relating to criminal prosecutions; amending 22
O.S. 2021, Sections 812.1 and 812.2, which relate to
the right to speedy trial; modifying time limits for
conducting certain criminal proceedings; updating
statutory references; providing time limitation for
setting trial date; adding and modifying permissible
grounds for the delay of certain proceedings;
decreasing time limitation fo r setting certain cases
for review; updating statutory language; and
providing an effective date.
SUBJECT: Criminal prosecutions
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Sec tion 812.1, is
amended to read as follows:
Section 812.1. A. If any person charged with a crime and held
in jail solely by reason thereof is not brought to trial within one
(1) year after arrest nine (9) months after the initial appearance
by the person on the charge, the court shall set the case for
immediate review as provided in Section 2 812.2 of this act title,
to determine if the right of the accused to a speedy trial , as
ENR. S. B. NO. 325 Page 2
provided in this section and in Section 812.2 of this title, is
being protected.
B. If any person charged with a felony crime who is held to
answer on an appearance bond is not brought to trial within eighteen
(18) months after arrest the initial appearance , the court shall set
the case for immediate review as provided in Section 2 812.2 of this
act, title to determine if the right of the accused to a speedy
trial is being protected.
C. In the event a mistrial is declared or a conviction is
reversed on appeal, the time limitations provided for in this
section shall commence to r un from the date the mistrial is declared
or the date of the mandate of the Court of Criminal Appeals.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 812.2, is
amended to read as follows:
Section 812.2. A. Whenever the court find s that a case should
be reviewed to determine if the right of an accused to a speedy
trial is being protected, the court shall:
1. Issue notice to the District Attorney district attorney, the
accused, and the attorney for the accused that the case will b e
reviewed by the court at a date and time which is not less than ten
(10) days nor more than twenty (20) days from the date of the
notice. Each party shall have the opportunity to present evidence
or legal authority in support of its position; and
2. Take evidence from both parties regarding the
appropriateness of the cause for the delay. At the hearing, the
court shall consider whether the delay has occurred for any of the
following reasons:
a. the extent to which the delay is the result of the
application of the accused or an attorney on behalf of
the accused,
b. the extent to which the delay is the result of the
fault of the accused or the attorney for the accused,
c. the accused is incompetent to stand trial,
ENR. S. B. NO. 325 Page 3
d. a proceeding to determine the com petency of the accused
to stand trial is pending and a determination cannot be
completed within the time limitations fixed for trial,
e. there is material evidence or a material witness which
is unavailable and that reasonable efforts have been
made to procure such evidence or witness, and there are
reasonable grounds to believe that such evidence or
witness can be obtained and trial commenced within a
reasonable time,
f. the accused is charged as a codefendant or
coconspirator and the court has determine d that the
codefendants or coconspirators must be tried before
separate juries taken from separate jury panels,
g. the court has other cases pending for trial that are
for persons incarcerated prior to the case in question,
and the court does not have suf ficient time to commence
the trial of the case within the time limitation fixed
for trial; provided, the case shall be commenced as
soon as practicable,
h. the court, state, accused, or the attorney for the
accused is incapable of proceeding to trial due to
illness or other exigent reason and it is unreasonable
to reassign the case, and
i. no court reporter is available for the trial of the
case; provided, if the delay is pursuant to this
subparagraph, a court reporter shall be assigned within
sixty (60) days of the hearing, and
j. due to other reasonable grounds the court does not have
sufficient time to commence the trial of the case
within the time limit fixed for trial ; provided, the
court shall commence the trial case as soon thereafter
as practicable.
B. If, after After hearing all the evidence and the legal
arguments properly submitted, if the court finds by a preponderance
ENR. S. B. NO. 325 Page 4
of the evidence that the state is not proceeding with due diligence,
that none of the exceptions set out in paragraph 2 of su bsection A
of this section justify additional delay and the right of the
accused to a speedy trial as provided in this section and Section
812.1 of this title has been violated, the court shall dismiss the
case.
C. If a preliminary hearing has been held, the case may be
refiled, unless the applicable statute of limitations has expired,
upon a showing of newly discovered evidence which could not have
been discovered prior to trial , unless the applicable statute of
limitations has expired .
D. If a preliminary hearing has not been held, the case may be
refiled, upon good cause shown , unless any applicable statute of
limitations has expired.
E. If, after After hearing all the evidence and the legal
arguments properly submitted, if the court finds that the right of
the accused to a speedy trial has not been violated, the court shall
set the case for review in four (4) within three (3) months. If the
case is still pending after the four-month three-month period, the
court shall conduct another review. The four-month review of
pending cases shall be a continuing responsibility of the court
until final disposition of the case.
SECTION 3. This act shall become effective November 1, 2024.
ENR. S. B. NO. 325 Page 5
Passed the Senate the 21st day of May, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 24th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _______ __
day of _________________ __, 20_______, at _______ o'clock _______ M.
______________________________ ___
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________