Bill > HB1693

This bill clarifies and modifies procedures for determining whether a death row inmate is mentally competent to be executed. The bill defines mental incompetency as the inability to rationally understand the reason for execution or the imminent nature of the execution. It establishes a presumption that a person with a death sentence is mentally competent, but allows for a motion challenging this presumption. The bill outlines a detailed process for filing and investigating such a motion, including requirements for the initial filing, mandatory evidentiary hearings, and expert examinations by forensic mental health professionals. If the trial court finds the inmate mentally incompetent, the Department of Mental Health and Substance Abuse Services must provide treatment to restore competency, with specific timelines for reevaluation (within 4 months) and ongoing monitoring. The bill mandates periodic reports, allows for potential restoration of competency, and provides a framework for potentially resuming execution proceedings if competency is regained. Additionally, the bill prohibits filing proceedings under seal, makes the amendments retroactively applicable, and requires all motions to be filed in good faith. The bill will become effective on November 1, 2025, and applies the Criminal Discovery Code to these evidentiary hearings.

Justice

http://www.oklegislature.gov/BillInfo.aspx?Bill=hb1693&Session=2500