SB 1470

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:
Eligible for a Floor Vote

Location: 
Senate Floor

Session:
2024 Regular Session

NOTES

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, 2023