An Act
ENROLLED SENATE
BILL NO. 423 By: Pugh of the Senate
and
George and Crosswhite Hader
of the House
An Act relating to children; amending 10A O.S. 2021,
Section 2-5-205, as amended by Section 5, Chapter
375, O.S.L. 2022 (10A O.S. Supp. 2023, Secti on 2-5-
205), which relates to certification as youthful
offender or juvenile; modifying acts that shall cause
certain persons to be held accountable as a youthful
offender; and providing an effective date .
SUBJECT: Youthful offenders
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2 -5-205, as
amended by Section 5, Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2023,
Section 2-5-205), is amended to read as follows:
Section 2-5-205. A. Any person thirteen (13) or fourteen (14)
years of age who is charged with murder in the first degree shall be
held accountable for the act as if the person were an adult;
provided, the person may be certified as a youthful offender or a
juvenile as provided by this section, unless the person is subject
to the provisions of subsection H of Section 2 -5-204 of this title.
B. Any person fifteen (15), sixteen (16) or seventeen (17)
years of age who is charged with murder in the first degree shall be
held accountable for his or her act as if the person was an adult
and shall not be subject to the provisions of the Youthful Offender
Act or the provisions of the Juvenile Code for certification as a
ENR. S. B. NO. 423 Page 2
juvenile. The person shall have all the statutory rights and
protections of 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 shall apply. A person having been convicted as an
adult pursuant to this paragraph shall be tried as an adult for
every subsequent offense.
C. Any person fifteen (15), sixteen (16) or seventeen (17)
years of age who is charged with:
1. Murder in the second degree;
2. Kidnapping or attempt thereof;
3. Manslaughter in the first degree;
4. Robbery with a dangerous weapon or a firearm or attempt
thereof;
5. Robbery in the first degree or attempt thereof;
6. Robbery committed by two or more persons;
7. Rape by instrumentation or attempt thereof;
8. Forcible sodomy;
9. Lewd acts or proposals to a child under sixteen (16) years
of age or any offense in violation of subsection A of Section 1123
of Title 21 of the Oklahoma Statutes;
10. Domestic abuse by strangulation;
11. Arson in the first degree or attempt thereof; or
12. Any offense in violation of Section 652 of Title 21 of the
Oklahoma Statutes; or
13. Eluding a peace officer in violation of subsection B or C
of Section 540A of Title 21 of the Oklahoma Statutes ,
ENR. S. B. NO. 423 Page 3
shall be held accountable for such acts as a youthful offender;
provided, the person may be certified as a juvenile or as an adult
as provided by the provisions of the Youthful Offender Act.
D. At the sole discretion of the district attorney, any person
fifteen (15), sixteen (16) or seventeen (17) years of age who is
charged with rape in the first degree or attempt thereof may be held
accountable for his or her act as if the person was an adult or as a
youthful offender. When charged as an adult, the person shall have
all the statutory rights and protections of an adult ac cused of a
crime. All proceedings shall be as for a criminal action and the
provisions of Title 22 of the Oklahoma Statutes shall apply. A
person having been convicted as an adult pursuant to this subsection
shall be tried as an adult for every subsequen t offense. When
charged as a youthful offender, the person shall be held accountable
for such acts as a youthful offender; provided, the person may be
certified as a juvenile or as an adult as provided by the Youthful
Offender Act.
E. Any person sixteen (16) or seventeen (17) years of age who
is charged with:
1. Burglary in the first degree or attempted burglary in the
first degree;
2. Battery or assault and battery on a state employee or
contractor while in the custody or supervision of the Office o f
Juvenile Affairs;
3. Aggravated assault and battery of a police officer;
4. Intimidating a witness;
5. Trafficking in or manufacturing illegal drugs;
6. Assault and battery with a deadly weapon;
7. Maiming;
8. Residential burglary in the seco nd degree after two or more
adjudications that are separated in time for delinquency for
ENR. S. B. NO. 423 Page 4
committing burglary in the first degree or residential burglary in
the second degree;
9. Rape in the second degree; or
10. Use of a firearm while in commission of a felony,
may be held accountable for such acts as a youthful offender;
provided, the person may be certified as a juvenile or as an adult
as provided by the Youthful Offender Act.
F. 1. For any charges listed in Sections A, C, D, or E of this
section, the district attorney may elect to file a petition alleging
the person to be delinquent or may file an information charging the
person as a youthful offender. The district attorney shall
immediately notify the Office of Juvenile Affairs upon the filing o f
any youthful offender charges.
2. After an information has been filed charging a person as a
youthful offender under Sections A, C, D, or E of this section, or
as an adult under subsection B of this section, the district
attorney may elect to amend or dismiss the information and refile
any or all charges in a delinquent petition.
3. Upon the filing of an information, the person 's complete
juvenile record shall be made available to the district attorney and
the person's attorney.
G. 1. Upon the fili ng of an information against a person, a
warrant shall be issued which shall set forth the rights of the
accused, and the rights of the parents, guardian, or next friend of
the accused to be present at the preliminary hearing and to have an
attorney.
2. The warrant shall be personally served together with a
certified copy of the information on the accused and on a custodial
parent, guardian, or next friend of the accused. The court may
inquire of the accused as to the whereabouts of his or her parents,
guardian, or next friend in order to avoid unnecessary delay in the
proceedings.
ENR. S. B. NO. 423 Page 5
3. When personal service of a custodial parent, guardian, or
next friend of the accused cannot be completed, service may be made
by certified mail to the person 's last-known address, requesting a
return receipt from the addressee only. If delivery is refused,
notice may be given by mailing a copy of the accused 's warrant
information by regular first -class mail to the address where the
person to be notified refused delivery of the notice sent by
certified mail. Where the address of a custodial parent, guardian
or next friend is not known, or if the mailed copy of the accused 's
warrant and information is returned for any reason other than
refusal of the addressee to accept deli very, after a thorough search
of all reasonably available sources to ascertain the whereabouts of
a custodial parent, guardian, or next friend has been conducted, the
court may order that notice of the hearing be given by publication
one time in a newspape r of general circulation in the county. The
court may also order other means of service of notice that the court
deems advisable or in the interests of justice.
4. Before service by publication is ordered, the court shall
conduct an inquiry to determine whether a thorough search has been
made of all reasonably available sources to ascertain the
whereabouts of any person for whom notice by publication is sought.
5. The person is presumed to be a youthful offender, and the
proceedings shall continue unde r such presumption unless the court
grants the person's motion for certification as a juvenile pursuant
to Section 6 2-5-206A of this act title or grants the district
attorney's motion for imposition of an adult sentence pursuant to
Section 7 2-5-207A of this act title.
H. The court shall commence the preliminary hearing within
ninety (90) days of the filing of the information, pursuant to
Section 258 of Title 22 of the Oklahoma Statutes, to determine
whether a crime was committed and if there is probable cause to
believe the accused committed the crime. The requirement for the
preliminary hearing to be held within ninety (90) days may be waived
by the accused.
1. For a person charged under subsection A or B of Section 2 -5-
205 of this title, if the prel iminary hearing is not commenced
within ninety (90) days of the filing date of the information, the
district court shall hold a hearing to determine the reasons for
ENR. S. B. NO. 423 Page 6
delay utilizing the procedure set out in Section 812.2 of Title 22
of the Oklahoma Statutes , to ensure the preliminary hearing is
expedited, unless the ninety -day requirement has been waived by the
accused.
2. For a person charged under subsection C, D, or E of Section
2-5-205 of this title, if the preliminary hearing is not commenced
within ninety (90) days of the filing of the information, the
district attorney shall be prohibited from seeking an adult sentence
unless the ninety-day requirement has been waived by the accused.
3. For an accused person charged under subsection A, B, C, D,
or E of Section 2-5-205 of this title, if the whereabouts of the
accused are unknown at the time of the filing of the information or
if the accused is a fugitive, the State of Oklahoma shall make
reasonable efforts to locate the accused in order to commence t he
proceedings. An accused who flees the jurisdiction of the court or
purposely avoids apprehension for the charges, waives the right to
have the preliminary hearing commenced within ninety (90) days of
the filing of the information. If the preliminary h earing does not
commence within ninety (90) days from the filing of the information
due to the absence or inability to locate the accused, the
preliminary hearing shall commence within ninety (90) days after the
state has actual notice of the in -state location of the accused. If
the accused is found out of state, the court shall set the hearing
within ninety (90) days after the accused has been returned to the
State of Oklahoma. An accused who fails to cooperate with providing
information in locating his or her parent, guardian, or next friend
for purposes of notice waives the right to have the preliminary
hearing commence within ninety (90) days of the filing of the
information.
I. At the conclusion of the state 's case at the preliminary
hearing, if the accused has filed a motion for certification as a
juvenile pursuant to subsection A of this section, or if the
district attorney has filed a motion for the imposition of an adult
sentence pursuant to Section 7 2-5-207A of this act title, both the
accused and the district attorney may offer evidence in support or
in opposition of the pending motion or motions.
J. The court shall rule on any properly filed motion for
certification as a juvenile or motion for the imposition of an adult
ENR. S. B. NO. 423 Page 7
sentence before rulin g on whether to bind the accused over for
trial.
SECTION 2. This act shall become effective November 1, 2024.
ENR. S. B. NO. 423 Page 8
Passed the Senate the 21st day of May, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 25th 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 ST ATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________