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.
Status:
Waiting for House veto override
(Senate override successful)
Location:
Vetoed
Session:
2024 Regular Session
Restructures the penalties for domestic survivors convicted of crimes related to their abuse. Permits courts to take a survivor's documented abuse into account when considering the case and penalties. Documented abuse within 1-year must be demonstrated apart from a survivor's personal testimony.
Lays out a schedule to realign and lower maximum prison sentences for both new convictions and those currently incarcerated. Currently incarcerated people only qualify for resentencing if their original sentence was 8 years incarcerated or over.
December 20, 2023Authors
Greg Treat – SD 47
Jon Echols – HD 90