Oklahoma 2025 Regular Session

Oklahoma House Bill HB1462 Compare Versions

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3227
3328 ENGROSSED HOUSE
3429 BILL NO. 1462 By: West (Tammy), Blancett, and
3530 Osburn of the House
3631
3732 and
3833
3934 Gollihare of the Senate
4035
4136
4237
4338
4439
45-[ criminal procedure - sentencing powers of the
46-court, revocation of sentences and rest itution -
47-orders of payments of restitution - effective date ]
48-
40+An Act relating to criminal procedure; amending 22
41+O.S. 2021, Sections 991a, as last amended by Section
42+1, Chapter 61, O.S.L. 2024, 9 91b and 991f (22 O.S.
43+Supp. 2024, Section 991a), which relate to sentencing
44+powers of the court, revocation of sentences and
45+restitution; directing courts and court clerks to
46+prioritize orders of payments of restitution; and
47+providing an effective date.
4948
5049
5150
5251
5352 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5453 SECTION 1. AMENDATORY 22 O.S. 2021, Section 991a, as
5554 last amended by Section 1, Chapter 61, O.S.L. 2024 (22 O.S. Supp.
5655 2024, Section 991a), is amended to read as follows:
5756 Section 991a. A. Except as otherwise provided in the Elderly
5857 and Incapacitated Victim's Protection Program, when a defendant is
5958 convicted of a crime and no death sentence is imposed, the court
6059 shall either:
6160 1. Suspend the execution of sentence in whole or in part, with
6261 or without probation. The court, in addition, may order the
6362 convicted defendant at the time of sentencing or at any time during
6463 the suspended sentence to do one or more of the following:
6564
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9290 a. to provide restitution to the victim as provided by
9391 Section 991f et seq. of this title or according to a
9492 schedule of payments established by the sentencing
9593 court, together with interest upon any pecuniary sum
9694 at the rate of twelve percent (12%) per annum, if the
9795 defendant agrees to pay such restitution or, in the
9896 opinion of the court, if the defendant is able to pay
9997 such restitution without imposing manifest hardship on
10098 the defendant or the immediate family and if the
10199 extent of the damage to the victim is determinable
102100 with reasonable certainty,
103101 b. to reimburse any state agency for amounts paid by the
104102 state agency for hospital and medical expenses
105103 incurred by the victim or victims, as a result of the
106104 criminal act for which such person was convicted,
107105 which reimbursement shall be made directly to the
108106 state agency, with interest accruing thereon at the
109107 rate of twelve percent (12%) per annum,
110108 c. to engage in a term of community service without
111109 compensation, according to a schedule consistent with
112110 the employment and family responsibilities of the
113111 person convicted,
114112 d. to pay a reasonable sum into any trust fund
115113 established pursuant to the provisions of Sections 176
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143140 through 180.4 of Title 60 of the Oklahoma Statutes and
144141 which provides restitution payments by convicted
145142 defendants to victims of crimes committed withi n this
146143 state wherein such victim has incurred a financial
147144 loss,
148145 e. to confinement in the county jail for a period not to
149146 exceed six (6) months,
150147 f. to confinement as provided by law together with a term
151148 of post-imprisonment community supervision for not
152149 less than three (3) years of the total term allowed by
153150 law for imprisonment, with or without restitution;
154151 provided, however, the authority of this provision is
155152 limited to Section 843.5 of Title 21 of the Oklahoma
156153 Statutes when the offense involved sexual abus e or
157154 sexual exploitation; Sections 681, 741 and 843.1 of
158155 Title 21 of the Oklahoma Statutes when the offense
159156 involved sexual abuse or sexual exploitation; and
160157 Sections 865 et seq., 885, 886, 888, 891, 1021,
161158 1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 an d
162159 1123 of Title 21 of the Oklahoma Statutes,
163160 g. to repay the reward or part of the reward paid by a
164161 local certified crime stoppers program and the
165162 Oklahoma Reward System. In determining whether the
166163 defendant shall repay the reward or part of the
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194190 reward, the court shall consider the ability of the
195191 defendant to make the payment, the financial hardship
196192 on the defendant to make the required payment and the
197193 importance of the information to the prosecution of
198194 the defendant as provided by the arresting officer or
199195 the district attorney with due regard for the
200196 confidentiality of the records of the local certified
201197 crime stoppers program and the Oklahoma Reward System.
202198 The court shall assess this repayment against the
203199 defendant as a cost of prosecution. The term
204200 "certified" means crime stoppers organizations that
205201 annually meet the certification standards for crime
206202 stoppers programs established by the Oklahoma Crime
207203 Stoppers Association to the extent those standards do
208204 not conflict with state statutes. The term "cour t"
209205 refers to all municipal and district courts within
210206 this state. The "Oklahoma Reward System" means the
211207 reward program established by Section 150.18 of Title
212208 74 of the Oklahoma Statutes,
213209 h. to reimburse the Oklahoma State Bureau of
214210 Investigation for costs incurred by that agency during
215211 its investigation of the crime for which the defendant
216212 pleaded guilty, nolo contendere or was convicted
217213 including compensation for laboratory, technical or
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245240 investigation services performed by the Bureau if, in
246241 the opinion of the court, the defendant is able to pay
247242 without imposing manifest hardship on the defendant,
248243 and if the costs incurred by the Bureau during the
249244 investigation of the defendant's case may be
250245 determined with reasonable certainty,
251246 i. to reimburse the Okla homa State Bureau of
252247 Investigation and any authorized law enforcement
253248 agency for all costs incurred by that agency for
254249 cleaning up an illegal drug laboratory site for which
255250 the defendant pleaded guilty, nolo contendere or was
256251 convicted. The court clerk shall collect the amount
257252 and may retain five percent (5%) of such monies to be
258253 deposited in the Court Clerk's Revolving Fund to cover
259254 administrative costs and shall remit the remainder to
260255 the Oklahoma State Bureau of Investigation to be
261256 deposited in the OSBI Revolving Fund established by
262257 Section 150.19a of Title 74 of the Oklahoma Statutes
263258 or to the general fund wherein the other law
264259 enforcement agency is located,
265260 j. to pay a reasonable sum to the Crime Victims
266261 Compensation Board, created by Section 142.2 et seq .
267262 of Title 21 of the Oklahoma Statutes, for the benefit
268263 of crime victims,
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296290 k. to reimburse the court fund for amounts paid to court -
297291 appointed attorneys for representing the defendant in
298292 the case in which the person is being sentenced,
299293 l. to participate in an assessment and evaluation by an
300294 assessment agency or assessment personnel certified by
301295 the Department of Mental Health and Substance Abuse
302296 Services pursuant to Section 3 -460 of Title 43A of the
303297 Oklahoma Statutes and, as determined by the
304298 assessment, participate in an alcohol and drug
305299 substance abuse course or treatment program or both,
306300 pursuant to Sections 3 -452 and 3-453 of Title 43A of
307301 the Oklahoma Statutes, or as ordered by the court,
308302 m. to be placed in a victims impact panel program, as
309303 defined in subsection H of this section, or
310304 victim/offender reconciliation program and payment of
311305 a fee to the program of Seventy -five Dollars ($75.00)
312306 as set by the governing authority of the program to
313307 offset the cost of participation by the defendant.
314308 Provided, each victim/offender reconciliation program
315309 shall be required to obtain a written consent form
316310 voluntarily signed by the victim and defendant that
317311 specifies the methods to be used to resolve the
318312 issues, the obligations and rights of each person and
319313 the confidentiality of the proceedings. Volunteer
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347340 mediators and employees of a victim/offender
348341 reconciliation program shall be immune from liability
349342 and have rights of confidentiality as provided in
350343 Section 1805 of Title 12 of the Oklahoma Statutes,
351344 n. to install, at the expense of the defendant, an
352345 ignition interlock device approved by the Board of
353346 Tests for Alcohol and Drug Influence. The device
354347 shall be installed upon every motor vehicle operated
355348 by the defendant, and the court shall require that a
356349 notation of this restriction be affixed to the
357350 defendant's driver license. The restriction shall
358351 remain on the driver license not exceeding two (2)
359352 years to be determined by the court. The restriction
360353 may be modified or removed only by order of the court
361354 and notice of any modification order shall be given to
362355 Service Oklahoma. Upon the expiration of the period
363356 for the restriction, Service Oklahoma shall remove the
364357 restriction without further court order. Failure to
365358 comply with the order to install an ignition inter lock
366359 device or operating any vehicle without a device
367360 during the period of restriction shall be a violation
368361 of the sentence and may be punished as deemed proper
369362 by the sentencing court. As used in this paragraph,
370363 "ignition interlock device" means a device th at,
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398390 without tampering or intervention by another person,
399391 would prevent the defendant from operating a motor
400392 vehicle if the defendant has a blood or breath alcohol
401393 concentration of two -hundredths (0.02) or greater,
402394 o. to be confined by electronic monitor ing administered
403395 and supervised by the Department of Corrections or a
404396 community sentence provider, and payment of a
405397 monitoring fee to the supervising authority, not to
406398 exceed Three Hundred Dollars ($300.00) per month. Any
407399 fees collected pursuant to this subp aragraph shall be
408400 deposited with the appropriate supervising authority.
409401 Any willful violation of an order of the court for the
410402 payment of the monitoring fee shall be a violation of
411403 the sentence and may be punished as deemed proper by
412404 the sentencing court. As used in this paragraph,
413405 "electronic monitoring" means confinement of the
414406 defendant within a specified location or locations
415407 with supervision by means of an electronic device
416408 approved by the Department of Corrections which is
417409 designed to detect if the defendant is in the court -
418410 ordered location at the required times and which
419411 records violations for investigation by a qualified
420412 supervisory agency or person,
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448439 p. to perform one or more courses of treatment, education
449440 or rehabilitation for any conditions, behaviors,
450441 deficiencies or disorders which may contribute to
451442 criminal conduct including but not limited to alcohol
452443 and substance abuse, mental health, emotional health,
453444 physical health, propensity for violence, antisocial
454445 behavior, personality or attitudes, d eviant sexual
455446 behavior, child development, parenting assistance, job
456447 skills, vocational-technical skills, domestic
457448 relations, literacy, education or any other
458449 identifiable deficiency which may be treated
459450 appropriately in the community and for which a
460451 certified provider or a program recognized by the
461452 court as having significant positive impact exists in
462453 the community. Any treatment, education or
463454 rehabilitation provider required to be certified
464455 pursuant to law or rule shall be certified by the
465456 appropriate state agency or a national organization,
466457 q. to submit to periodic testing for alcohol,
467458 intoxicating substance or controlled dangerous
468459 substances by a qualified laboratory,
469460 r. to pay a fee or costs for treatment, education,
470461 supervision, participation in a program or any
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498488 combination thereof as determined by the court, based
499489 upon the defendant's ability to pay the fees or costs,
500490 s. to be supervised by a Department of Corrections
501491 employee, a private supervision provider or other
502492 person designated by the court,
503493 t. to obtain positive behavior modeling by a trained
504494 mentor,
505495 u. to serve a term of confinement in a restrictive
506496 housing facility available in the community,
507497 v. to serve a term of confinement in the county jail at
508498 night or during weekends pursuant to Secti on 991a-2 of
509499 this title or for work release,
510500 w. to obtain employment or participate in employment -
511501 related activities,
512502 x. to participate in mandatory day reporting to
513503 facilities or persons for services, payments, duties
514504 or person-to-person contacts as specifie d by the
515505 court,
516506 y. to pay day fines not to exceed fifty percent (50%) of
517507 the net wages earned. For purposes of this paragraph,
518508 "day fine" means the offender is ordered to pay an
519509 amount calculated as a percentage of net daily wages
520510 earned. The day fine shall be paid to the local
521511 community sentencing system as reparation to the
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549538 community. Day fines shall be used to support the
550539 local system,
551540 z. to submit to blood or saliva testing as required by
552541 subsection I of this section,
553542 aa. to repair or restore propert y damaged by the
554543 defendant's conduct, if the court determines the
555544 defendant possesses sufficient skill to repair or
556545 restore the property and the victim consents to the
557546 repairing or restoring of the property,
558547 bb. to restore damaged property in kind or pa yment of out-
559548 of-pocket expenses to the victim, if the court is able
560549 to determine the actual out -of-pocket expenses
561550 suffered by the victim,
562551 cc. to attend a victim-offender reconciliation program if
563552 the victim agrees to participate and the offender is
564553 deemed appropriate for participation,
565554 dd. to prioritize payments for restitution to the victim,
566555 ee. in the case of a person convicted of prostitution
567556 pursuant to Section 1029 of Title 21 of the Oklahoma
568557 Statutes, require such person to receive counseling
569558 for the behavior which may have caused such person to
570559 engage in prostitution activities. Such person may be
571560 required to receive counseling in areas including but
572561 not limited to alcohol and substance abuse, sexual
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600588 behavior problems or domestic abuse or child abuse
601589 problems,
602590 ee.
603591 ff. in the case of a sex offender sentenced after November
604592 1, 1989, and required by law to register pursuant to
605593 the Sex Offender Registration Act, the court shall
606594 require the person to comply with sex offender
607595 specific rules and conditions of supervision
608596 established by the Department of Corrections and
609597 require the person to participate in a treatment
610598 program designed for the treatment of sex offenders
611599 during the period of time while the offender is
612600 subject to supervision by the Department of
613601 Corrections. The treatment program shall include
614602 polygraph examinations specifically designed for use
615603 with sex offenders for purposes of supervision and
616604 treatment compliance, and shall be administered not
617605 less than each six (6) months during the period of
618606 supervision. The examination shall be administered by
619607 a certified licensed polygraph examiner. The
620608 treatment program must be approved by the Department
621609 of Corrections or the Department of Mental Health and
622610 Substance Abuse Services. Such treatment shall be at
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650637 the expense of the defendant based on the defendant's
651638 ability to pay,
652639 ff.
653640 gg. in addition to other sentencing powers of the court,
654641 the court in the case of a defendant being sentenced
655642 for a felony conviction for a violation of Section 2 -
656643 402 of Title 63 of the Oklahoma Statutes which
657644 involves marijuana may require the person to
658645 participate in a drug court program, if available. If
659646 a drug court program is not available, the defendant
660647 may be required to participate in a community
661648 sanctions program, if a vailable,
662649 gg.
663650 hh. in the case of a person convicted of any false or
664651 bogus check violation, as defined in Section 1541.4 of
665652 Title 21 of the Oklahoma Statutes, impose a fee of
666653 Twenty-five Dollars ($25.00) to the victim for each
667654 check, and impose a bogus c heck fee to be paid to the
668655 district attorney. The bogus check fee paid to the
669656 district attorney shall be equal to the amount
670657 assessed as court costs plus Twenty -five Dollars
671658 ($25.00) for each check upon filing of the case in
672659 district court. This money shall be deposited in the
673660 Bogus Check Restitution Program Fund as established in
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701687 subsection B of Section 114 of this title.
702688 Additionally, the court may require the offender to
703689 pay restitution and bogus check fees on any other
704690 bogus check or checks that have been submitted to the
705691 Bogus Check Restitution Program, and
706692 hh.
707693 ii. any other provision specifically ordered by the court.
708694 However, any such order for restitution, community service,
709695 payment to a local certified crime stoppers program, payment to the
710696 Oklahoma Reward System or confinement in the county jail, or a
711697 combination thereof, shall be made in conjunction with probation and
712698 shall be made a condition of the suspended sentence.
713699 However, unless under the supervision of the district attorney,
714700 the offender shall be required to pay Forty Dollars ($40.00) per
715701 month to the district attorney during the first two (2) years of
716702 probation to compensate the district attorney for the costs incurred
717703 during the prosecution of the offender and for the additional work
718704 of verifying the compliance of the offender with the rules and
719705 conditions of his or her probation. The district attorney may waive
720706 any part of this requirement in the best interests of justice. The
721707 court shall not waive, suspend, defer or dismiss the costs of
722708 prosecution in its entirety. However, if the court determines that
723709 a reduction in the fine, costs and costs of prosecution is
724710 warranted, the court shall equally apply the same percentage
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752737 reduction to the fine, costs and costs of prosecution owed by the
753738 offender;
754739 2. Impose a fine prescribed by law for the offense, with or
755740 without probation or commitment and with or without restitution or
756741 service as provided for in this section, Section 991a -4.1 of this
757742 title or Section 227 of Title 57 of the Oklahoma S tatutes;
758743 3. Commit such person for confinement provided for by law with
759744 or without restitution as provided for in this section;
760745 4. Order the defendant to reimburse the Oklahoma State Bureau
761746 of Investigation for costs incurred by that agency during its
762747 investigation of the crime for which the defendant pleaded guilty,
763748 nolo contendere or was convicted including compensation for
764749 laboratory, technical or investigation services performed by the
765750 Bureau if, in the opinion of the court, the defendant is able to p ay
766751 without imposing manifest hardship on the defendant, and if the
767752 costs incurred by the Bureau during the investigation of the
768753 defendant's case may be determined with reasonable certainty;
769754 5. Order the defendant to reimburse the Oklahoma State Bureau
770755 of Investigation for all costs incurred by that agency for cleaning
771756 up an illegal drug laboratory site for which the defendant pleaded
772757 guilty, nolo contendere or was convicted. The court clerk shall
773758 collect the amount and may retain five percent (5%) of such monies
774759 to be deposited in the Court Clerk's Revolving Fund to cover
775760 administrative costs and shall remit the remainder to the Oklahoma
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803787 State Bureau of Investigation to be deposited in the OSBI Revolving
804788 Fund established by Section 150.19a of Title 74 of the Oklahoma
805789 Statutes;
806790 6. In the case of nonviolent felony offenses, sentence such
807791 person to the Community Service Sentencing Program;
808792 7. In addition to the other sentencing powers of the court, in
809793 the case of a person convicted of operating or being in c ontrol of a
810794 motor vehicle while the person was under the influence of alcohol,
811795 other intoxicating substance or a combination of alcohol or another
812796 intoxicating substance, or convicted of operating a motor vehicle
813797 while the ability of the person to operate suc h vehicle was impaired
814798 due to the consumption of alcohol, require such person:
815799 a. to participate in an alcohol and drug assessment and
816800 evaluation by an assessment agency or assessment
817801 personnel certified by the Department of Mental Health
818802 and Substance Abuse Services pursuant to Section 3 -460
819803 of Title 43A of the Oklahoma Statutes and, as
820804 determined by the assessment, participate in an
821805 alcohol and drug substance abuse course or treatment
822806 program or both, pursuant to Sections 3 -452 and 3-453
823807 of Title 43A of the Oklahoma Statutes,
824808 b. to attend a victims impact panel program, as defined
825809 in subsection H of this section, and to pay a fee of
826810 Seventy-five Dollars ($75.00) as set by the governing
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854837 authority of the program and approved by the court, to
855838 the program to offset the cost of participation by the
856839 defendant, if in the opinion of the court the
857840 defendant has the ability to pay such fee,
858841 c. to both participate in the alcohol and drug substance
859842 abuse course or treatment program, pursuant to
860843 subparagraph a of this p aragraph and attend a victims
861844 impact panel program, pursuant to subparagraph b of
862845 this paragraph,
863846 d. to install, at the expense of the person, an ignition
864847 interlock device approved by the Board of Tests for
865848 Alcohol and Drug Influence, upon every motor v ehicle
866849 operated by such person and to require that a notation
867850 of this restriction be affixed to the person's driver
868851 license at the time of reinstatement of the license.
869852 The restriction shall remain on the driver license for
870853 such period as the court shall det ermine. The
871854 restriction may be modified or removed by order of the
872855 court and notice of the order shall be given to
873856 Service Oklahoma. Upon the expiration of the period
874857 for the restriction, Service Oklahoma shall remove the
875858 restriction without further c ourt order. Failure to
876859 comply with the order to install an ignition interlock
877860 device or operating any vehicle without such device
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905887 during the period of restriction shall be a violation
906888 of the sentence and may be punished as deemed proper
907889 by the sentencing cou rt, or
908890 e. beginning January 1, 1993, to submit to electronically
909891 monitored home detention administered and supervised
910892 by the Department of Corrections, and to pay to the
911893 Department a monitoring fee, not to exceed Seventy -
912894 five Dollars ($75.00) a month, t o the Department of
913895 Corrections, if in the opinion of the court the
914896 defendant has the ability to pay such fee. Any fees
915897 collected pursuant to this subparagraph shall be
916898 deposited in the Department of Corrections Revolving
917899 Fund. Any order by the court for th e payment of the
918900 monitoring fee, if willfully disobeyed, may be
919901 enforced as an indirect contempt of court;
920902 8. In addition to the other sentencing powers of the court, in
921903 the case of a person convicted of prostitution pursuant to Section
922904 1029 of Title 21 of the Oklahoma Statutes, require such person to
923905 receive counseling for the behavior which may have caused such
924906 person to engage in prostitution activities. Such person may be
925907 required to receive counseling in areas including but not limited to
926908 alcohol and substance abuse, sexual behavior problems or domestic
927909 abuse or child abuse problems;
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955936 9. In addition to the other sentencing powers of the court, in
956937 the case of a person convicted of any crime related to domestic
957938 abuse, as defined in Section 60.1 of th is title, the court may
958939 require the defendant to undergo the treatment or participate in the
959940 counseling services necessary to bring about the cessation of
960941 domestic abuse against the victim. The defendant may be required to
961942 pay all or part of the cost of the treatment or counseling services;
962943 10. In addition to the other sentencing powers of the court,
963944 the court, in the case of a sex offender sentenced after November 1,
964945 1989, and required by law to register pursuant to the Sex Offenders
965946 Registration Act, sh all require the defendant to participate in a
966947 treatment program designed specifically for the treatment of sex
967948 offenders, if available. The treatment program will include
968949 polygraph examinations specifically designed for use with sex
969950 offenders for the purpose of supervision and treatment compliance,
970951 provided the examination is administered by a certified licensed
971952 polygraph examiner. The treatment program must be approved by the
972953 Department of Corrections or the Department of Mental Health and
973954 Substance Abuse Services. Such treatment shall be at the expense of
974955 the defendant based on the ability of the defendant to pay;
975956 11. In addition to the other sentencing powers of the court,
976957 the court, in the case of a person convicted of abuse or neglect of
977958 a child, as defined in Section 1-1-105 of Title 10A of the Oklahoma
978959 Statutes, may require the person to undergo treatment or to
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1006986 participate in counseling services. The defendant may be required
1007987 to pay all or part of the cost of the treatment or counseling
1008988 services;
1009989 12. In addition to the other sentencing powers of the court,
1010990 the court, in the case of a person convicted of cruelty to animals
1011991 pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may
1012992 require the person to pay restitution to animal facilities for
1013993 medical care and any boarding costs of victimized animals;
1014994 13. In addition to the other sentencing powers of the court, a
1015995 sex offender who is habitual or aggravated as defined by Section 584
1016996 of Title 57 of the Oklahoma Statutes and who is required to r egister
1017997 as a sex offender pursuant to the Sex Offenders Registration Act
1018998 shall be supervised by the Department of Corrections for the
1019999 duration of the registration period and shall be assigned to a
10201000 global position monitoring device by the Department of Correct ions
10211001 for the duration of the registration period. The cost of such
10221002 monitoring device shall be reimbursed by the offender;
10231003 14. In addition to the other sentencing powers of the court, in
10241004 the case of a sex offender who is required by law to register
10251005 pursuant to the Sex Offenders Registration Act, the court may
10261006 prohibit the person from accessing or using any Internet social
10271007 networking website that has the potential or likelihood of allowing
10281008 the sex offender to have contact with any child who is under the age
10291009 of eighteen (18) years;
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10571036 15. In addition to the other sentencing powers of the court, in
10581037 the case of a sex offender who is required by law to register
10591038 pursuant to the Sex Offenders Registration Act, the court shall
10601039 require the person to register any el ectronic mail address
10611040 information, instant message, chat or other Internet communication
10621041 name or identity information that the person uses or intends to use
10631042 while accessing the Internet or used for other purposes of social
10641043 networking or other similar Internet communication; or
10651044 16. In addition to the other sentencing powers of the court,
10661045 and pursuant to the terms and conditions of a written plea
10671046 agreement, the court may prohibit the defendant from entering,
10681047 visiting or residing within the judicial district in which the
10691048 defendant was convicted until after completion of his or her
10701049 sentence; provided, however, the court shall ensure that the
10711050 defendant has access to those services or programs for which the
10721051 defendant is required to participate as a condition of prob ation.
10731052 When seeking to enter the prohibited judicial district for personal
10741053 business not related to his or her criminal case, the defendant
10751054 shall be required to obtain approval by the court.
10761055 B. Notwithstanding any other provision of law, any person who
10771056 is found guilty of a violation of any provision of Section 761 or
10781057 11-902 of Title 47 of the Oklahoma Statutes or any person pleading
10791058 guilty or nolo contendere for a violation of any provision of such
10801059 sections shall be ordered to participate in, prior to sent encing, an
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11081086 alcohol and drug assessment and evaluation by an assessment agency
11091087 or assessment personnel certified by the Department of Mental Health
11101088 and Substance Abuse Services for the purpose of evaluating the
11111089 receptivity to treatment and prognosis of t he person. The court
11121090 shall order the person to reimburse the agency or assessor for the
11131091 evaluation. The fee shall be the amount provided in subsection C of
11141092 Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
11151093 shall be conducted at a certifie d assessment agency, the office of a
11161094 certified assessor or at another location as ordered by the court.
11171095 The agency or assessor shall, within seventy -two (72) hours from the
11181096 time the person is assessed, submit a written report to the court
11191097 for the purpose of assisting the court in its final sentencing
11201098 determination. No person, agency or facility operating an alcohol
11211099 and drug substance abuse evaluation program certified by the
11221100 Department of Mental Health and Substance Abuse Services shall
11231101 solicit or refer any person evaluated pursuant to this subsection
11241102 for any treatment program or alcohol and drug substance abuse
11251103 service in which such person, agency or facility has a vested
11261104 interest; however, this provision shall not be construed to prohibit
11271105 the court from ordering participation in or any person from
11281106 voluntarily utilizing a treatment program or alcohol and drug
11291107 substance abuse service offered by such person, agency or facility.
11301108 If a person is sentenced to the custody of the Department of
11311109 Corrections and the court has received a written evaluation report
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11591136 pursuant to this subsection, the report shall be furnished to the
11601137 Department of Corrections with the judgment and sentence. Any
11611138 evaluation report submitted to the court pursuant to this subsection
11621139 shall be handled in a manner which will keep such report
11631140 confidential from the general public's review. Nothing contained in
11641141 this subsection shall be construed to prohibit the court from
11651142 ordering judgment and sentence in the event the defendant fails or
11661143 refuses to comply with an order of the court to obtain the
11671144 evaluation required by this subsection.
11681145 C. When sentencing a person convicted of a crime, the court
11691146 shall first consider a program of restitution for the victim, as
11701147 well as imposition of a fine or incarce ration of the offender. The
11711148 provisions of paragraph 1 of subsection A of this section shall not
11721149 apply to defendants being sentenced upon their third or subsequent
11731150 to their third conviction of a felony. Provided, the court may
11741151 waive these prohibitions upon w ritten application of the district
11751152 attorney. Both the application and the waiver shall be made part of
11761153 the record of the case.
11771154 D. When sentencing a person convicted of a crime, the judge
11781155 shall consider any victim impact statements if submitted to the
11791156 jury, or the judge in the event a jury is waived.
11801157 E. Probation, for purposes of subsection A of this section, is
11811158 a procedure by which a defendant found guilty of a crime, whether
11821159 upon a verdict or plea of guilty or upon a plea of nolo contendere,
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12101186 is released by the court subject to conditions imposed by the court
12111187 and subject to supervision by the Department of Corrections, a
12121188 private supervision provider or other person designated by the
12131189 court. Such supervision shall be initiated upon an order of
12141190 probation from the court, and shall not exceed two (2) years, unless
12151191 a petition alleging a violation of any condition of deferred
12161192 judgment or seeking revocation of the suspended sentence is filed
12171193 during the supervision, or as otherwise provided by law. In the
12181194 case of a person convicted of a sex offense, supervision shall begin
12191195 immediately upon release from incarceration or if parole is granted
12201196 and shall not be limited to two (2) years. Provided further, any
12211197 supervision provided for in this section may be extended for a
12221198 period not to exceed the expiration of the maximum term or terms of
12231199 the sentence upon a determination by the court or the Division of
12241200 Probation and Parole of the Department of Corrections that the best
12251201 interests of the public and the release will be ser ved by an
12261202 extended period of supervision.
12271203 F. The Department of Corrections, or such other agency as the
12281204 court may designate, shall be responsible for the monitoring and
12291205 administration of the restitution and service programs provided for
12301206 by subparagraphs a, c and d of paragraph 1 of subsection A of this
12311207 section, and shall ensure that restitution payments are forwarded to
12321208 the victim and that service assignments are properly performed.
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12601235 G. 1. The Department of Corrections is hereby authorized,
12611236 subject to funds available through appropriation by the Legislature,
12621237 to contract with counties for the administration of county Community
12631238 Service Sentencing Programs.
12641239 2. Any offender eligible to participate in the Program pursuant
12651240 to this section shall be eligible t o participate in a county
12661241 Program; provided, participation in county -funded Programs shall not
12671242 be limited to offenders who would otherwise be sentenced to
12681243 confinement with the Department of Corrections.
12691244 3. The Department shall establish criteria and specific ations
12701245 for contracts with counties for such Programs. A county may apply
12711246 to the Department for a contract for a county -funded Program for a
12721247 specific period of time. The Department shall be responsible for
12731248 ensuring that any contracting county complies in full with
12741249 specifications and requirements of the contract. The contract shall
12751250 set appropriate compensation to the county for services to the
12761251 Department.
12771252 4. The Department is hereby authorized to provide technical
12781253 assistance to any county in establishing a Program, regardless of
12791254 whether the county enters into a contract pursuant to this
12801255 subsection. Technical assistance shall include appropriate
12811256 staffing, development of community resources, sponsorship,
12821257 supervision and any other requirements.
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13101284 5. The Department shall annually make a report to the Governor,
13111285 the President Pro Tempore of the Senate and the Speaker of the House
13121286 on the number of such Programs, the number of participating
13131287 offenders, the success rates of each Program according to criteria
13141288 established by the Department and the costs of each Program.
13151289 H. As used in this section:
13161290 1. "Ignition interlock device" means a device that, without
13171291 tampering or intervention by another person, would prevent the
13181292 defendant from operating a motor vehicle if the defendant has a
13191293 blood or breath alcohol concentration of two -hundredths (0.02) or
13201294 greater;
13211295 2. "Electronically monitored home detention" means
13221296 incarceration of the defendant within a specified location or
13231297 locations with monitoring by means of a device approv ed by the
13241298 Department of Corrections that detects if the person leaves the
13251299 confines of any specified location; and
13261300 3. "Victims impact panel program" means a program conducted by
13271301 a corporation registered with the Secretary of State in Oklahoma for
13281302 the sole purpose of operating a victims impact panel program. The
13291303 program shall include live presentations from presenters who will
13301304 share personal stories with participants about how alcohol, drug
13311305 abuse, the operation of a motor vehicle while using an electronic
13321306 communication device or the illegal conduct of others has personally
13331307 impacted the lives of the presenters. A victims impact panel
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13611334 program shall be attended by persons who have committed the offense
13621335 of driving, operating or being in actual physical contr ol of a motor
13631336 vehicle while under the influence of alcohol or other intoxicating
13641337 substance, operating a motor vehicle while the ability of the person
13651338 to operate such vehicle was impaired due to the consumption of
13661339 alcohol or any other substance or operating a motor vehicle while
13671340 using an electronic device or by persons who have been convicted of
13681341 furnishing alcoholic beverage to persons under twenty -one (21) years
13691342 of age, as provided in Sections 6 -101 and 6-120 of Title 37A of the
13701343 Oklahoma Statutes. Persons attending a victims impact panel program
13711344 shall be required to pay a fee of Seventy -five Dollars ($75.00) to
13721345 the provider of the program. A certificate of completion shall be
13731346 issued to the person upon satisfying the attendance and fee
13741347 requirements of the vict ims impact panel program. The certificate
13751348 of completion shall contain the business identification number of
13761349 the program provider. A certified assessment agency, certified
13771350 assessor or provider of an alcohol and drug substance abuse course
13781351 shall be prohibited from providing a victims impact panel program
13791352 and shall further be prohibited from having any proprietary or
13801353 pecuniary interest in a victims impact panel program. The provider
13811354 of the victims impact panel program shall carry general liability
13821355 insurance and maintain an accurate accounting of all business
13831356 transactions and funds received in relation to the victims impact
13841357 panel program. Beginning October 1, 2020, and each October 1
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14121384 thereafter, the provider of the victims impact panel program shall
14131385 provide to the District Attorneys Council the following:
14141386 a. proof of registration with the Oklahoma Secretary of
14151387 State,
14161388 b. proof of general liability insurance,
14171389 c. end-of-year financial statements prepared by a
14181390 certified public accountant,
14191391 d. a copy of federal inc ome tax returns filed with the
14201392 Internal Revenue Service,
14211393 e. a registration fee of One Thousand Dollars
14221394 ($1,000.00). The registration fee shall be deposited
14231395 in the District Attorneys Council Revolving Fund
14241396 created in Section 215.28 of Title 19 of the Ok lahoma
14251397 Statutes, and
14261398 f. a statement certifying that the provider of the
14271399 victims impact panel program has complied with all of
14281400 the requirements set forth in this paragraph.
14291401 I. A person convicted of a felony offense or receiving any form
14301402 of probation for an of fense in which registration is required
14311403 pursuant to the Sex Offenders Registration Act, shall submit to
14321404 deoxyribonucleic acid (DNA) testing for law enforcement
14331405 identification purposes in accordance with Section 150.27 of Title
14341406 74 of the Oklahoma Statute s and the rules promulgated by the
14351407 Oklahoma State Bureau of Investigation for the OSBI Combined DNA
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14631434 Index System (CODIS) Database. Subject to the availability of
14641435 funds, any person convicted of a misdemeanor offense of assault and
14651436 battery, domestic abuse, sta lking, possession of a controlled
14661437 substance prohibited under the Uniform Controlled Dangerous
14671438 Substances Act, outraging public decency, resisting arrest, escape
14681439 or attempting to escape, eluding a police officer, Peeping Tom,
14691440 pointing a firearm, threaten ing an act of violence, breaking and
14701441 entering a dwelling place, destruction of property, negligent
14711442 homicide or causing a personal injury accident while driving under
14721443 the influence of any intoxicating substance, or any alien unlawfully
14731444 present under federal im migration law, upon arrest, shall submit to
14741445 DNA testing for law enforcement identification purposes in
14751446 accordance with Section 150.27 of Title 74 of the Oklahoma Statutes
14761447 and the rules promulgated by the Oklahoma State Bureau of
14771448 Investigation for the OS BI Combined DNA Index System (CODIS)
14781449 Database. Any defendant sentenced to probation shall be required to
14791450 submit to testing within thirty (30) days of sentencing either to
14801451 the Department of Corrections or to the county sheriff or other
14811452 peace officer as direct ed by the court. Defendants who are
14821453 sentenced to a term of incarceration shall submit to testing in
14831454 accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,
14841455 for those defendants who enter the custody of the Department of
14851456 Corrections or to th e county sheriff, for those defendants sentenced
14861457 to incarceration in a county jail. Convicted individuals who have
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15141484 previously submitted to DNA testing under this section and for whom
15151485 a valid sample is on file in the OSBI Combined DNA Index System
15161486 (CODIS) Database at the time of sentencing shall not be required to
15171487 submit to additional testing. Except as required by the Sex
15181488 Offenders Registration Act, a deferred judgment does not require
15191489 submission to DNA testing.
15201490 Any person who is incarcerated in the custo dy of the Department
15211491 of Corrections after July 1, 1996, and who has not been released
15221492 before January 1, 2006, shall provide a blood or saliva sample prior
15231493 to release. Every person subject to DNA testing after January 1,
15241494 2006, whose sentence does not include a term of confinement with the
15251495 Department of Corrections shall submit a blood or saliva sample.
15261496 Every person subject to DNA testing who is sentenced to unsupervised
15271497 probation or otherwise not supervised by the Department of
15281498 Corrections shall submit for blood or saliva testing to the sheriff
15291499 of the sentencing county.
15301500 J. Samples of blood or saliva for DNA testing required by
15311501 subsection I of this section shall be taken by employees or
15321502 contractors of the Department of Corrections, peace officers, or the
15331503 county sheriff or employees or contractors of the sheriff's office.
15341504 The individuals shall be properly trained to collect blood or saliva
15351505 samples. Persons collecting blood or saliva for DNA testing
15361506 pursuant to this section shall be immune from civil liabili ties
15371507 arising from this activity. All collectors of DNA samples shall
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15651534 ensure the collection of samples are mailed to the Oklahoma State
15661535 Bureau of Investigation within ten (10) days of the time the subject
15671536 appears for testing or within ten (10) days of the dat e the subject
15681537 comes into physical custody to serve a term of incarceration. All
15691538 collectors of DNA samples shall use sample kits provided by the OSBI
15701539 and procedures promulgated by the OSBI. Persons subject to DNA
15711540 testing who are not received at the Lex ington Assessment and
15721541 Reception Center shall be required to pay a fee of Fifteen Dollars
15731542 ($15.00) to the agency collecting the sample for submission to the
15741543 OSBI Combined DNA Index System (CODIS) Database. Any fees collected
15751544 pursuant to this subsection shall be deposited in the revolving
15761545 account or the service fee account of the collection agency or
15771546 department.
15781547 K. When sentencing a person who has been convicted of a crime
15791548 that would subject that person to the provisions of the Sex
15801549 Offenders Registration Ac t, neither the court nor the district
15811550 attorney shall be allowed to waive or exempt such person from the
15821551 registration requirements of the Sex Offenders Registration Act.
15831552 SECTION 2. AMENDATORY 22 O.S. 2021, Section 991b, is
15841553 amended to read as follows:
15851554 Section 991b. A. Whenever a sentence has been suspended by the
15861555 court after conviction of a person for any crime, the suspended
15871556 sentence of the person may not be revoked, in whole or part, for any
15881557 cause unless a petition setting forth the grounds for such
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16161584 revocation is filed by the district attorney with the clerk of the
16171585 sentencing court and competent evidence justifying the revocation of
16181586 the suspended sentence is presented to the court at a hearing to be
16191587 held for that purpose within twent y (20) days after the entry of the
16201588 plea of not guilty to the petition, unless waived by both the state
16211589 and the defendant. The State of Oklahoma may dismiss the petition
16221590 without prejudice one time upon good cause shown to the court,
16231591 provided that any su ccessor petition must be filed within forty -five
16241592 (45) days of the date of the dismissal of the petition.
16251593 B. Whenever a sentence has been suspended by the court after
16261594 conviction of a person for any crime, the suspended sentence of the
16271595 person may not be revoke d in whole for a technical violation unless
16281596 a petition setting forth the grounds for such revocation is filed by
16291597 the district attorney with the clerk of the sentencing court and
16301598 competent evidence justifying the revocation of the suspended
16311599 sentence is presented to the court at a hearing to be held for that
16321600 purpose within twenty (20) days after the entry of the plea of not
16331601 guilty to the petition, unless waived by both the state and the
16341602 defendant. The State of Oklahoma may dismiss the petition without
16351603 prejudice one time upon good cause shown to the court; provided,
16361604 that any successor petition must be filed within forty -five (45)
16371605 days of the date of the dismissal of the petition. Any revocation
16381606 of a suspended sentence based on a technical violation shall n ot
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16661633 exceed six (6) months for a first revocation and five (5) years for
16671634 a second or subsequent revocation.
16681635 C. "Technical violation" as used in this section means a
16691636 violation of the court -imposed rules and conditions of probation,
16701637 other than:
16711638 1. Committing or being arrested for a new crime;
16721639 2. Attempting to falsify a drug screen, or three or more failed
16731640 drug or alcohol screens within a three -month period;
16741641 3. Failing to pay restitution;
16751642 4. Tampering with an electronic monitoring device;
16761643 5. Failing to initially report or missing assigned reporting
16771644 requirements for an excess of sixty (60) days;
16781645 6. Unlawfully contacting a victim, codefendant or criminal
16791646 associates;
16801647 7. Five or more separate and distinct technical violations
16811648 within a ninety-day period; or
16821649 8. Any violation of the Specialized Sex Offender Rules.
16831650 D. 1. The Department of Corrections shall develop a matrix of
16841651 technical violations and sanctions to address violations committed
16851652 by persons who are being supervised by the Department. The
16861653 Department shall be authorized to use a violation response and
16871654 intermediate sanction process based on the sanction matrix to apply
16881655 to any technical violations of probationers. Within four (4)
16891656 working days of the discovery of the violation, the probation
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17171683 officer shall initiate the violation response and intermediate
17181684 sanction process. The sentencing judge may authorize any
17191685 recommended sanctions, which may include, but are not limited to:
17201686 short-term jail or lockup, day treatment, program attendance,
17211687 community service, outpatient or inpatient treatment, monetary
17221688 fines, curfews, ignition interlock devices on vehicles, or a one -
17231689 time referral to a term of confinement of six (6) months in an
17241690 intermediate revocation facility operated by the Department of
17251691 Corrections; provided, upon approval of the district attorney, a
17261692 person may be sanctioned to serve additional terms of confinement in
17271693 an intermediate revocation facility. The probation officer shall
17281694 complete a sanction form, which shall specify the technical
17291695 violation, sanction, and the action plan to correct the noncompliant
17301696 behavior resulting in the technical violation. The probation
17311697 officer shall refer to the sanctioning matrix to determine the
17321698 supervision, treatment, and sanctions appropriate to address the
17331699 noncompliant behavior. The probation officer shall refer the
17341700 violation information and recommended response with a sanction plan
17351701 to the Department of Corrections to be heard by a hearing officer.
17361702 The Department of Corrections shall develop a sanction matrix,
17371703 forms, policies and procedures necessary to implement this
17381704 provision. The Department of Corrections shall establish procedures
17391705 to hear responses to technical violations and review sanction plans
17401706 including the following:
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17681733 a. hearing officers shall report through a ch ain of
17691734 command separate from that of the supervising
17701735 probation officers,
17711736 b. the Department shall provide the offender written
17721737 notice of the violation, the evidence relied upon, and
17731738 the reason the sanction was imposed,
17741739 c. the hearing shall be held unless the offender waives
17751740 the right to the hearing,
17761741 d. hearings shall be electronically recorded, and
17771742 e. the Department shall provide to judges and district
17781743 attorneys a record of all violations and actions taken
17791744 pursuant to this subsection.
17801745 2. The hearing officer shall determine based on a preponderance
17811746 of the evidence whether a technical violation occurred. Upon a
17821747 finding that a technical violation occurred, the hearing officer may
17831748 order the offender to participate in the recommended sanction plan
17841749 or may modify the plan. Offenders who accept the sanction plan
17851750 shall sign a violation response sanction form, and the hearing
17861751 officer shall then impose the sanction. Failure of the offender to
17871752 comply with the imposed sanction plan shall constitute a violation
17881753 of the rules and conditions of supervision that may result in a
17891754 revocation proceeding. If an offender does not voluntarily accept
17901755 the recommended sanction plan, the Department shall either impose
17911756 the sanction and allow the offender to appeal to the district co urt,
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18191783 or request a revocation proceeding as provided by law. Every
18201784 administrative hearing and sanction imposed by the Department shall
18211785 be appealable to the district court.
18221786 3. Absent a finding of willful nonpayment by the offender, the
18231787 failure of an offender to pay fines and costs may not serve as a
18241788 basis for revocation, excluding restitution.
18251789 E. 1. Where one of the grounds for revocation is the failure
18261790 of the defendant to make restitution as ordered, the Department of
18271791 Corrections shall forward to the dis trict attorney all information
18281792 pertaining to the failure of the defendant to make timely
18291793 restitution as ordered by the court, and the district attorney shall
18301794 file a petition setting forth the grounds for revocation.
18311795 2. The defendant ordered to make restituti on can petition the
18321796 court at any time for remission or a change in the terms of the
18331797 order of restitution if the defendant undergoes a change of
18341798 condition which materially affects the ability of the defendant to
18351799 comply with the order of the court.
18361800 3. At the hearing, if one of the grounds for the petition for
18371801 revocation is the failure of the defendant to make timely
18381802 restitution as ordered by the court, the court will hear evidence
18391803 and if it appears to the satisfaction of the court from such
18401804 evidence that the terms of the order of restitution create a
18411805 manifest hardship on the defendant or the immediate family of the
18421806 defendant, the court may cancel all or any part of the amount still
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18701833 due, or modify the terms or method of payment ; provided, however,
18711834 the court shall continue to prioritize an order for payments of
18721835 restitution to the victim . Provided, if the court determines that a
18731836 reduction in the restitution still due is warranted, the court shall
18741837 equally apply the same percentage reduction to any court -ordered
18751838 monetary obligation owed by the defendant including, but not limited
18761839 to, fines, court costs and costs of incarceration.
18771840 F. The court may revoke a portion of the sentence and leave the
18781841 remaining part not revoked, but suspended for the remainder of the
18791842 term of the sentence, and under the provisions applying to it. The
18801843 person whose suspended sentence is being considered for revocation
18811844 at the hearing shall have the right to be represented by counsel, to
18821845 present competent evidence in his or her own behalf and t o be
18831846 confronted by the witnesses against the defendant. Any order of the
18841847 court revoking the suspended sentence, in whole or in part, shall be
18851848 subject to review on appeal, as in other appeals of criminal cases.
18861849 Provided, however, that if the crime for which the suspended
18871850 sentence is given was a felony, the defendant may be allowed bail
18881851 pending appeal. If the reason for revocation be that the defendant
18891852 committed a felony, the defendant shall not be allowed bail pending
18901853 appeal.
18911854 G. Notwithstanding the provi sions of subsections A and B of
18921855 this section, when the suspended sentence of a person is being
18931856 considered for revocation for an offense where the penalty has
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19211883 subsequently been lowered to a misdemeanor, the sentence shall be
19221884 modified to a term that does not exceed the current maximum
19231885 sentence.
19241886 SECTION 3. AMENDATORY 22 O.S. 2021, Section 991f, is
19251887 amended to read as follows:
19261888 Section 991f. A. For the purposes of any provision of Title 22
19271889 of the Oklahoma Statutes relating to criminal sentencing and
19281890 restitution orders and for the Restitution and Diversion Program:
19291891 1. "Restitution" means the sum to be paid by the defendant to
19301892 the victim of the criminal act to compensate that victim for up to
19311893 three times the amount of the economic los s suffered as a direct
19321894 result of the criminal act of the defendant;
19331895 2. "Victim" means any person, partnership, corporation or legal
19341896 entity that suffers an economic loss as a direct result of the
19351897 criminal act of another person;
19361898 3. "Economic loss" means actua l financial detriment suffered by
19371899 the victim consisting of medical expenses actually incurred, damage
19381900 to or loss of real and personal property and any other out -of-pocket
19391901 expenses, including loss of earnings, reasonably incurred as the
19401902 direct result of the criminal act of the defendant. No other
19411903 elements of damage shall be included as an economic loss for
19421904 purposes of this section.
19431905 B. In all criminal prosecutions and juvenile proceedings in
19441906 this state, when the court shall prioritize an order for payments of
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19721933 restitution to the victim. When the court enters an order directing
19731934 the offender to pay restitution to any victim for economic loss or
19741935 to pay to the state any fines, fees or assessments, the order, for
19751936 purposes of validity and collection, shall not be limited to the
19761937 maximum term of imprisonment for which the offender could have been
19771938 sentenced, nor limited to any term of probation, parole, or
19781939 extension thereof, nor expire until fully satisfied. The court
19791940 order for restitution, fines, fees or assessments shall remain a
19801941 continuing obligation of the offender until fully satisfied, and the
19811942 obligation shall not be considered a debt, nor shall the obligation
19821943 be dischargeable in any bankruptcy proceeding. The court order
19831944 shall continue in full force and eff ect with the supervision of the
19841945 state until fully satisfied, and the state shall use all methods of
19851946 collection authorized by law. The court shall order the court clerk
19861947 to prioritize the payment of restitution until the office of the
19871948 district attorney certifi es such restitution is paid in full.
19881949 C. 1. Upon conviction for any crime wherein property has been
19891950 stolen, converted or otherwise unlawfully obtained, or its value
19901951 substantially decreased as a direct result of the crime, or wherein
19911952 the crime victim suffered injury, loss of income, or out -of-pocket
19921953 loss, the individuals criminally responsible shall be sentenced to
19931954 make restitution. Restitution may be ordered in addition to the
19941955 punishments prescribed by law.
19951956
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20221982 2. The court shall order full restitution based upon the
20231983 following considerations:
20241984 a. the nature and amount of restitution shall be
20251985 sufficient to restore the crime victim to the
20261986 equivalent economic status existing prior to the
20271987 losses sustained as a direct result of the crime, and
20281988 may allow the crime victim to receive payment in
20291989 excess of the losses sustained; provided, the excess
20301990 amount of restitution shall not be more than treble
20311991 the actual economic loss incurred, and
20321992 b. the amount of restitution shall be established
20331993 regardless of the financial resourc es of the offender.
20341994 3. The court:
20351995 a. may direct the return of property to be made as soon
20361996 as practicable and make an award of restitution in the
20371997 amount of the loss of value to the property itself as
20381998 a direct result of the crime, including out -of-pocket
20391999 expenses and loss of earnings incurred as a result of
20402000 damage to or loss of use of the property, the cost to
20412001 return the property to the victim or to restore the
20422002 property to its pre-crime condition whichever may be
20432003 appropriate under the circumstances,
20442004 b. may order restitution in a lump sum or by such
20452005 schedules as may be established and thereafter
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20732032 adjusted by agreement consistent with the order of the
20742033 court,
20752034 c. shall have the authority to amend or alter any order
20762035 of restitution made pursuant to this section p roviding
20772036 that the court shall state its reasons and conclusions
20782037 as a matter of record for any change or amendment to
20792038 any previous order,
20802039 d. may order interest upon any ordered restitution sum to
20812040 accrue at the rate of twelve percent (12%) per annum
20822041 until the restitution is paid in full. The court may
20832042 further order such interest to be paid to the victims
20842043 of the crime or proportion the interest payment
20852044 between the victims and the court fund, and/or the
20862045 Restitution and Diversion Program, in the discretion
20872046 of the court, and
20882047 e. shall consider any pre -existing orders imposed on the
20892048 defendant, including, but not limited to, orders
20902049 imposed under civil and criminal proceedings.
20912050 D. If restitution to more than one person, agency or entity is
20922051 set at the same time, the cou rt shall establish the following
20932052 priorities of payment:
20942053 1. The crime victim or victims; and
20952054 2. Any other government agency which has provided reimbursement
20962055 to the victim as a result of the offender's criminal conduct.
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21242082 E. 1. The district attorney's o ffice shall present the crime
21252083 victim's restitution claim to the court at the time of the
21262084 conviction of the offender or the restitution provisions shall be
21272085 included in the written plea agreement presented to the court, in
21282086 which case, the restitution claim shal l be reviewed by the judge
21292087 prior to acceptance of the plea agreement.
21302088 2. At the initiation of the prosecution of the defendant, the
21312089 district attorney's office shall provide all identifiable crime
21322090 victims with written and oral information explaining the ir rights
21332091 and responsibilities to receive restitution established under this
21342092 section.
21352093 3. The district attorney's office shall provide all crime
21362094 victims, regardless of whether the crime victim makes a specific
21372095 request, with an official request for restitution form to be
21382096 completed and signed by the crime victim, and to include all
21392097 invoices, bills, receipts, and other evidence of injury, loss of
21402098 earnings and out-of-pocket loss. This form shall be filed with any
21412099 victim impact statement to be included in the j udgment and sentence.
21422100 Every crime victim receiving the restitution claim form shall be
21432101 provided assistance and direction to properly complete the form.
21442102 4. The official restitution request form shall be presented in
21452103 all cases regardless of whether the case i s brought to trial. In a
21462104 plea bargain, the district attorney in every case where the victim
21472105 has suffered economic loss, shall, as a part of the plea bargain,
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21752132 require that the offender pay restitution to the crime victim. The
21762133 district attorney shall be authorized to act as a clearing house for
21772134 collection and disbursement of restitution payments made pursuant to
21782135 this section, and shall assess a fee of One Dollar ($1.00) per
21792136 payment received from the defendant, except when the defendant is
21802137 sentenced to incarceration in the Department of Corrections.
21812138 F. The crime victim shall provide all documentation and
21822139 evidence of compensation or reimbursement from insurance companies
21832140 or agencies of this state, any other state, or the federal
21842141 government received as a di rect result of the crime for injury, loss
21852142 of earnings or out-of-pocket loss.
21862143 G. The court shall, upon motion by the crime victim, redact
21872144 from the submitted documentation all personal information relating
21882145 to the crime victim that does not directly and necessa rily establish
21892146 the authenticity of any document or substantiate the asserted amount
21902147 of the restitution claim.
21912148 H. The unexcused failure or refusal of the crime victim to
21922149 provide all or part of the requisite information prior to the
21932150 sentencing, unless di sclosure is deferred by the court, shall
21942151 constitute a waiver of any grounds to appeal or seek future
21952152 amendment or alteration of the restitution order predicated on the
21962153 undisclosed available information. The court shall order the
21972154 offender to submit either as part of the pre-sentence investigation
21982155 or assessment and evaluation required for a community sentence or,
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22262182 if no pre-sentence investigation is conducted, in advance of the
22272183 sentencing proceeding such information as the court may direct and
22282184 finds necessary to be disclosed for the purpose of ascertaining the
22292185 type and manner of restitution to be ordered.
22302186 I. The willful failure or refusal of the offender to provide
22312187 all or part of the requisite information prior to the sentencing,
22322188 unless disclosure is deferred by the court shall not deprive the
22332189 court of the authority to set restitution or set the schedule of
22342190 payment. The willful failure or refusal of the offender to provide
22352191 all or part of the requisite information prior to the sentencing,
22362192 unless disclosure is deferred by the court, shall constitute a
22372193 waiver of any grounds to appeal or seek future amendment or
22382194 alteration of the restitution order predicated on the undisclosed
22392195 information. The willful failure or refusal of the offender to
22402196 provide all or part of the requisite information prior to
22412197 sentencing, unless disclosure is deferred by the court, shall
22422198 constitute an act of contempt.
22432199 J. The court shall conduct such hearings or proceedings as it
22442200 deems necessary to set restitution and payment schedules at the ti me
22452201 of sentencing or may bifurcate the sentencing and defer the hearing
22462202 or proceedings relating to the imposition of restitution as justice
22472203 may require. Amendments or alterations to the restitution order may
22482204 be made upon the court's own motion, petition by th e crime victim or
22492205 petition by the offender.
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22772232 K. An offender who files a meritless or frivolous petition for
22782233 amendment or alteration to the restitution order shall pay the costs
22792234 of the proceeding on the petition and shall have added to the
22802235 existing restitution order the additional loss of earnings and out -
22812236 of-pocket loss incurred by the crime victim in responding to the
22822237 petition.
22832238 L. The restitution request form shall be promulgated by the
22842239 District Attorneys Council and provided to all district attorney
22852240 offices.
22862241 M. If a defendant who is financially able refuses or neglects
22872242 to pay restitution as ordered by this section, payment may be
22882243 enforced:
22892244 1. By contempt of court as provided in subsection A of Section
22902245 566 of Title 21 of the Oklahoma Statutes with impr isonment or fine
22912246 or both;
22922247 2. In the same manner as prescribed in subsection N of this
22932248 section for a defendant who is without means to make such
22942249 restitution payment; or
22952250 3. Revocation of the criminal sentence if the sentence imposed
22962251 was a suspended or deferre d sentence or a community sentence.
22972252 N. If the defendant is without means to pay the restitution,
22982253 the judge may direct the total amount due, or any portion thereof,
22992254 to be entered upon the court minutes and to be certified in the
23002255 district court of the co unty where it shall then be entered upon the
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23282282 district court judgment docket and shall have the full force and
23292283 effect of a district court judgment in a civil case. Thereupon the
23302284 same remedies shall be available for the enforcement of the judgment
23312285 as are available to enforce other judgments; provided, however, the
23322286 judgment herein prescribed shall not be considered a debt nor
23332287 dischargeable in any bankruptcy proceeding.
23342288 O. Whenever a person has been ordered to pay restitution as
23352289 provided in this section or an y section of the Oklahoma Statutes for
23362290 a criminal penalty, the judge may order the defendant to a term of
23372291 community service, with or without compensation, to be credited at a
23382292 rate of Five Dollars ($5.00) per day against the total amount due
23392293 for restitution. If the defendant fails to perform the required
23402294 community service authorized by this subsection or if the conditions
23412295 of community service are violated, the judge may impose a term of
23422296 imprisonment not to exceed five (5) days in the county jail for each
23432297 failure to comply.
23442298 P. Nothing in subsections M through O of this section shall be
23452299 construed to be additions to the original criminal penalty, but
23462300 shall be used by the court as sanctions and means of collection for
23472301 criminal restitution orders and restitution or ders that have been
23482302 reduced to judgment.
23492303 SECTION 4. This act shall become effective November 1, 2025.
2350-COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
2351-April 8, 2025 - DO PASS AS AMENDED
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2332+Passed the House of Representatives the 12th day of March, 2025.
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2337+ Presiding Officer of the House
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2342+Passed the Senate the ____ day of __________, 2025.
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