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OK SB637

OK SB637
Appeal of criminal prosecutions; clarifying immunity provision for persons asserting certain claim; authorizing defendant to file motion to dismiss charges under certain circumstances. Effective date.


summary

Introduced
02/03/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An Act relating to appeal of criminal prosecutions; amending 21 O.S. 2021, Section 732, which relates to justifiable homicide by officer; making language gender neutral; updating statutory language; clarifying immunity provision for persons asserting certain claim; authorizing defendant to file motion to dismiss charges under certain circumstances; granting defendant the right to file certain appeal; establishing procedures for certain appeal hearing; defining term; amending 22 O.S. 2021, Section 1053, as amended by Section 2, Chapter 209, O.S.L. 2022 (22 O.S. Supp. 2024, Section 1053), which relates to appeals taken by the state or municipality; authorizing appeals by state or municipalities under certain circumstances; and providing an effective date.

AI Summary

This bill modifies Oklahoma statutes related to the use of deadly force by law enforcement officers and appeals in criminal prosecutions. The bill updates language to be gender-neutral and clarifies immunity provisions for officers using deadly force. Specifically, it establishes a new process where an officer charged with unlawful use of deadly force can file a motion to dismiss charges, with the right to appeal a denial to the Chief Judge or Presiding Judge of the Judicial Administrative District. The appeal hearing will determine whether the deadly force was justified, with potential outcomes including dismissal of charges or binding the officer over for trial. The bill also expands the circumstances under which the state or a municipality can file an appeal to the Court of Criminal Appeals, including adding the ability to appeal a pretrial order finding a defendant not subject to criminal prosecution under certain provisions. The changes aim to provide more procedural clarity and protections for law enforcement officers in cases involving the use of deadly force, while maintaining a mechanism for reviewing potentially unlawful actions. The bill is set to become effective on November 1, 2025.

Committee Categories

Justice

Sponsors (1)

Last Action

Second Reading referred to Judiciary (on 02/04/2025)

bill text


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