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Bill > SB704
OK SB704
OK SB704Sentence enhancements; making certain offenders eligible for enhancements in certain situations. Effective date.
summary
Introduced
02/01/2021
02/01/2021
In Committee
02/19/2021
02/19/2021
Crossed Over
Passed
Dead
05/27/2022
05/27/2022
Introduced Session
2021 Regular Session
Bill Summary
An Act relating to sentence enhancements; amending 21 O.S. 2011, Section 51.1, as amended by Section 1, Chapter 126, O.S.L. 2018 (21 O.S. Supp. 2020, Section 51.1), which relates to second and subsequent offenses; prohibiting the use of enhanced sentences in certain circumstances; amending 22 O.S. 2011, Section 982a, as last amended by Section 1, Chapter 128, O.S.L. 2018 (22 O.S. Supp. 2020, Section 982a), which relates to judicial review; making certain offenders eligible for sentence modifications; modifying court procedures; providing for certain time limitations; directing the Department of Corrections to provide certain notice of amendments; establishing requirements; amending 22 O.S. 2011, Section 991b, as last amended by Section 3, Chapter 459, O.S.L. 2019 (22 O.S. Supp. 2020, Section 991b), which relates to revocation of suspended sentences; providing for modification of sentences for certain persons considered for revocation; amending 22 O.S. 2011, Section 991c, as last amended by Section 2, Chapter 46, O.S.L. 2020 (22 O.S. Supp. 2020, Section 991c), which relates to deferred sentences; providing for modification of sentences for certain persons considered for acceleration; amending 22 O.S. 2011, Section 1080, which relates to the Post-Conviction Procedure Act; modifying circumstances allowing a person to institute proceedings; prohibiting a civil cause of action; amending 22 O.S. 2011, Section 1083, as amended by Section 1, Chapter 216, O.S.L. 2014 (22 O.S. Supp. 2020, Section 1083), which relates to response and disposition of application; providing for certain presumption and evidentiary standard; amending 57 O.S. 2011, Section 332.2, as last amended by Section 5, Chapter 459, O.S.L. 2019 (57 O.S. Supp. 2020, Section 332.2), which relates to the meetings of the Pardon and Parole Board; expanding list of applicants eligible for specialized commutation docket; amending 63 O.S. 2011, Section 2-401, as last amended by Section 1, Chapter 130, O.S.L. 2018 (63 O.S. Supp. 2020, Section 2-401), which relates to prohibited acts under the Uniform Controlled Dangerous Substances Act; modifying certain penalties; amending 63 O.S. 2011, Sections 2-403, 2- 404, 2-406 and 2-407, as amended by Section 7, Chapter 305, O.S.L. 2015 (63 O.S. Supp. 2020, Section 407),which relates to prohibited acts; modifying certain penalties; amending 63 O.S. 2011, Section 2- 415, as last amended by Section 40, Chapter 25, O.S.L. 2019 (63 O.S. Supp. 2020, Section 2-415), which relates to fines and penalties; modifying penalties; providing for codification; and providing an effective date.
AI Summary
This bill amends several sections of Oklahoma law to make the following key changes:
1. It prohibits the use of enhanced sentences for certain non-violent felonies and allows for resentencing of individuals who received enhanced sentences that are no longer allowable.
2. It establishes a process for courts to resentence individuals who received enhanced sentences that are no longer allowable, either due to changes in drug sentencing laws or the person's prior felony convictions no longer qualifying for enhancement.
3. It requires the Department of Corrections to provide notice to inmates about these changes in the law and their potential eligibility for resentencing.
4. It expands the eligibility criteria for the Pardon and Parole Board's accelerated commutation docket to include individuals who received enhanced sentences that are no longer allowable.
The bill aims to address overly harsh sentences that are no longer consistent with current law and provide avenues for resentencing and commutation where appropriate.
Committee Categories
Budget and Finance, Justice
Sponsors (1)
Last Action
Referred to Appropriations (on 02/19/2021)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | http://www.oklegislature.gov/BillInfo.aspx?Bill=sb704&Session=2200 |
| State Bill Page | http://www.oklegislature.gov/BillInfo.aspx?Bill=sb704&Session=2100 |
| Fiscal Note/Analysis - Senate: SB704 INT FI | http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20SUPPORT%20DOCUMENTS/impact%20statements/fiscal/senate/SB704%20INT%20FI.PDF |
| Fiscal Note/Analysis - Senate: Introduced | http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20SUPPORT%20DOCUMENTS/BILLSUM/Senate/SB704%20INT%20BILLSUM.PDF |
| BillText | http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20INT/SB/SB704%20INT.PDF |
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