Bill
Bill > SB1470
OK SB1470
Sentencing; creating the Oklahoma Survivors' Act; directing courts to consider certain mitigating factors in sentencing; establishing procedures for resentencing under certain circumstances. Effective date.
summary
Introduced
02/05/2024
02/05/2024
In Committee
03/28/2024
03/28/2024
Crossed Over
03/18/2024
03/18/2024
Passed
04/18/2024
04/18/2024
Dead
Vetoed
04/23/2024
04/23/2024
Introduced Session
2024 Regular Session
Bill Summary
An Act ENROLLED SENATE BILL NO. 1470 By: Treat and Matthews of the Senate and Echols, Roberts, Wolfley, McDugle, Hasenbeck, Moore, Munson, Stark, Williams, Fugate, Schreiber, and Waldron of the House An Act relating to sentencing; creating the Oklahoma Survivors’ Act; providing short title; defining terms; directing courts to consider certain mitigating factors during sentencing and pleas; requiring defendants to provide certain evidence; allowing courts discretion to depart from applicable sentences; authorizing courts to impose lesser sentences under certain circumstances; providing for the introduction of certain arguments and testimony; allowing defendants with certain sentences to request an application for resentencing; requiring inclusion of certain information when making request; providing jurisdictional requirements; providing notice procedures when granting or denying requests; allowing defendants to request the appointment of counsel; directing court clerks to send notification to the appropriate district attorney; requiring the inclusion of certain evidence with applications; providing for denial of applications; establishing hearing procedures upon approval of applications; providing notice procedures for orders issued by the court; providing for the appeal of orders; allowing applicants to request the appointment of counsel; requiring time served to be credited toward sentence; providing for codification; and providing an effective date. SUBJECT: Judgment and sentence
AI Summary
This bill, known as the Oklahoma Survivors' Act, creates new provisions in Oklahoma law related to sentencing. The key provisions are:
1. Courts must consider certain mitigating factors during sentencing and plea deals if the defendant was a survivor of domestic violence, physical, sexual, or psychological abuse inflicted by a partner, family member, trafficker, or person who used the defendant for financial gain, and this abuse was a substantial contributing factor to the defendant's criminal behavior.
2. If the court finds these mitigating factors apply, it can depart from the applicable sentence and impose a lesser sentence, with reductions ranging from 5 years to life with parole being reduced to 25 years or less.
3. Defendants currently serving sentences for offenses committed before the effective date of this act can apply for resentencing under these new provisions, providing evidence of the abuse they experienced. The court will then hold a hearing to determine if the defendant should be resentenced.
4. The bill provides specific procedures and requirements for the resentencing application process, including allowing defendants to appeal the court's decision. It also requires time served to be credited toward any new, reduced sentence.
The bill aims to allow courts to consider the impacts of domestic violence and abuse when sentencing certain offenders, and to provide a process for currently incarcerated survivors to seek resentencing.
Committee Categories
Justice
Sponsors (15)
Jon Echols (R)*,
Greg Treat (R)*,
Andy Fugate (D),
Toni Hasenbeck (R),
Kevin Matthews (D),
Kevin McDugle (R),
Anthony Moore (R),
Cyndi Munson (D),
Eric Roberts (R),
Suzanne Schreiber (D),
Marilyn Stark (R),
Amanda Swope (D),
John Waldron (D),
Danny Williams (R),
Max Wolfley (R),
Last Action
Veto override message received (on 04/24/2024)
Official Document
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