1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 68 By: Daniels
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6 AS INTRODUCED
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7 An Act relating to sentencing proceedings; amending
7 22 O.S. 2021, Section 929, which relates to new
8 sentencing proceedings; modifying eligibility
8 requirements for jury resentencing; authorizing
9 waiver of certain resentencing; requiring
9 reinstatement of sentence upon certain waiver;
10 prohibiting appeal of reinstated sentence;
10 authorizing certain testimony; deleting retroactive
11 applicability of certain provisions; updating
11 statutory references; and providing an effective
12 date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 22 O.S. 2021, Section 929, is
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17 amended to read as follows:
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18 Section 929. A. Upon any appeal of a conviction by the
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19 defendant in a noncapital criminal case, the appellate court, if it
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20 finds prejudicial error in the sentencing proceeding only, may set
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21 aside the sentence rendered and remand the case to the trial court
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22 in the jurisdiction in which the defendant was originally sentenced
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23 for resentencing. No error in the sentencing proceeding shall
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 1 result in the reversal of the conviction in a criminal case unless
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2 the error directly affected the determination of guilt.
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3 B. When a criminal case is remanded for vacation of a sentence,
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4 the court may shall:
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5 1. Set the case for a nonjury sentencing proceeding; or
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6 2. If the defendant or the prosecutor so requests in writing
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7 was originally sentenced by a jury, impanel a new sentencing jury
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8 unless jury resentencing is waived by the defendant and the
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9 prosecutor.
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10 C. If a written request for a jury trial is filed within twenty
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11 (20) days of the date of the appellate court order, the trial court
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12 shall impanel a new jury for the purpose of conducting a new
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13 sentencing proceeding.
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14 1. The defendant may affirmatively waive resentencing before
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15 the appropriate trial court within ninety (90) days of the appellate
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16 court order remanding for resentencing; provided, however, the
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17 defendant may not waive resentencing after the commencement of the
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18 resentencing hearing or trial. The defendant may not waive
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19 resentencing on an appeal or petition for a writ of extraordinary
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20 relief sought by the prosecution or if the original sentence was
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21 unlawful. If the defendant affirmatively waives resentencing
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22 pursuant to this subsection, the original sentence shall be
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23 reinstated by the trial court. A sentence reinstated pursuant to
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24 this subsection shall not be appealable by the defendant.
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 1 D. All exhibits and a transcript of all testimony and other
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2 evidence properly admitted in the prior trial and sentencing shall
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3 be admissible in the new sentencing proceeding. The defendant may
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4 testify at his or her resentencing proceeding in accordance with the
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5 requirements of the Oklahoma Evidence Code. Additional relevant
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6 evidence may be admitted including testimony of witnesses who
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7 testified at the previous trial.
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8 2. The provisions of this section are procedural and shall
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9 apply retroactively to any defendant sentenced in this state.
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10 D. E. This section shall not be construed to amend or be in
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11 conflict with the provisions of Section 701.10 or 701.10a of Title
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12 21 of the Oklahoma Statutes relating to sentencing and resentencing
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13 in death penalty cases; Section 438 860.1 of this act title relating
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14 to the trial procedure for defendants prosecuted for second or
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15 subsequent offense; or the provisions of Sections 439 926.1 and 440
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16 927.1 of this act title relating to assessment of punishment in the
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17 original trial proceedings.
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18 SECTION 2. This act shall become effective November 1, 2023.
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20 59-1-774 TEK 12/21/2022 11:44:05 AM
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