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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 the 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 specific 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; authorizing district attorneys to file motions to vacate judgment of convictions under certain circumstances; granting jurisdiction to district courts to consider motions; and providing for codification.
Status:
Signed by the Governor
Location:
Signed by the Governor
Session:
2024 Regular Session
NOTE: SB 1835 is the second attempt to pas SB 1470 after the Governor’s veto. SB 1835 has be edited to address the Governor’s concerns.
SB 1835 creates the Oklahoma Survivors’ Act. The measure provides that during a hearing to sentence an offender or accept a plea of guilty, the court must consider as a mitigating factor a person’s history of physical, sexual, and psychological abuse prior to sentencing. The defendant must provide documentary evidence corroborating that the defendant was a victim of domestic violence at the time the offence was committed. Additionally, the defendant must provide a court record, presentence report, social services record, hospital record, or a sworn statement from a person who is not the defendant. The measure provides that other evidence outlined in the measure may be provided.
If the court determines that the defendant was the victim of domestic abuse or the subjected to physical, sexual, or psychological abuse at the time the offense was committed, the court shall depart from the applicable sentence ranges outlined in the measure. This departure shall not apply to an offense that requires the defendant to register as a sex offender, an attempt to conspire to commit an offense that would require registry, offenses relating to child abuse, or offenses resulting in the defendant receiving the death penalty. The measure provides for retroactive sentencing to comply with the provisions of the measure. Offenders previously convicted of a crime who qualify for the reduced sentencing must submit a request for resentencing. Applicants must provide similar documentary evidence as outlined previously in the measure.
Summary prepared by the Legislature
Authors
Greg Treat – SD 47
Jon Echols – HD 90
