1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 1048 By: Lawson
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6 AS INTRODUCED
7 An Act relating to children; amending Section 7,
Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2022,
8 Section 2-5-207A), which relates to adult sentence of
a minor; providing that the court may order certain
9 individuals to pay certain fee; and providing an
effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13 SECTION 1. AMENDATORY Section 7, Chapter 375, O.S.L.
14 2022 (10A O.S. Supp. 2022, Section 2-5-207A), is amended to read as
15 follows:
16 Section 2-5-207A. A. Whenever the district attorney determines
17 there is good cause to believe that the person charged as a youthful
18 offender would not reasonably complete a plan of rehabilitation or
19 the public would not be adequately protected if the person were to
20 be sentenced as a youthful offender, the district attorney may file
21 a motion for the imposition of an adult sentence. The district
22 attorney may elect when to file the motion for the imposition of an
23 adult sentence as set forth as follows:
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1 1. The district attorney may file the motion for the imposition
2 of an adult sentence no later than fourteen (14) days prior to the
3 start of the preliminary hearing. If the motion is properly filed
4 prior to preliminary hearing, the court shall rule on such motion
5 prior to a ruling to bind the person over for trial. Once the
6 motion for imposition of an adult sentence is heard by the court,
7 such motion cannot be filed again and argued to the trial court
8 after arraignment.
9 2. The district attorney may file the motion for the imposition
10 of an adult sentence no later than thirty (30) days following formal
11 arraignment. If the motion is properly filed, such motion will be
12 heard and ruled upon by the trial court.
13 3. If the accused's attorney indicates to the court that the
14 accused wishes to plead guilty or nolo contendere to the charge or
15 charges, the court shall notify the district attorney. The district
16 attorney shall have ten (10) days after notification to file the
17 motion for the imposition of an adult sentence. If the motion is
18 properly filed, such motion will be heard and ruled upon by the
19 trial court.
20 B. If a motion for imposition of an adult sentence was properly
21 filed, the court shall order a certification study to be prepared by
22 the Office of Juvenile Affairs, unless waived by the accused with
23 approval of the court unless previously prepared pursuant to Section
24 6 of this act. Upon ordering the certification study, the court
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1 shall may order the parent, guardian, next friend, or other person
2 legally obligated to care for and support the accused, to pay a fee
3 to the Office of Juvenile Affairs of not less than One Hundred
4 Dollars ($100.00), nor more than One Thousand Dollars ($1000.00).
5 The court shall set a reasonable date for the payment of the fee due
6 to the Office of Juvenile Affairs for the completion of the
7 certification study. In hardship cases, the court may establish a
8 payment schedule.
9 C. When ruling on a motion for the imposition of an adult
10 sentence, the court shall consider the following guidelines with
11 greatest weight to be given to paragraphs 1, 2, and 3:
12 1. Whether the alleged offense was committed in an aggressive,
13 violent, premeditated, or willful manner, and the accused's level of
14 involvement in the offense;
15 2. Whether the offense was against persons and, if personal
16 injury resulted, the degree of personal injury, and the statement or
17 statements of the victim or victims;
18 3. The record and past history of the accused person including
19 previous contacts with law enforcement agencies and juvenile or
20 criminal courts, prior periods of probation, and commitments to
21 juvenile facilities or placements;
22 4. The sophistication, age, and maturity of the person and the
23 capability of distinguishing right from wrong as determined by
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1 consideration of the person's psychological evaluation, home,
2 environmental situation, emotional attitude, and pattern of living;
3 5. The prospects for adequate protection of the public if the
4 accused person is processed through the juvenile justice system as
5 either a delinquent or youthful offender;
6 6. The reasonable likelihood of rehabilitation if the accused
7 is found to have committed the offense, using programs and
8 facilities currently available to the court through the juvenile
9 justice system; and
10 7. Whether the offense occurred while the accused person was
11 escaping or on escape status from a facility or placement for
12 youthful offenders or delinquent children.
13 D. After the hearing and consideration of the report of the
14 investigation, the court shall certify the person as eligible for
15 the imposition of an adult sentence only if the court finds by clear
16 and convincing evidence that there is good cause to believe that the
17 accused would not reasonably complete a plan of rehabilitation or
18 that the public would not be adequately protected if the accused
19 were to be sentenced as a youthful offender.
20 E. The court, in its decision on a motion for the imposition of
21 an adult sentence, shall issue a written order and prepare detailed
22 findings of fact and conclusions of law as to each of the
23 considerations in subsections C and D of this section, and shall
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1 state that the court has considered each of the guidelines in
2 reaching its decision.
3 F. The order granting or denying the motion for the imposition
4 of an adult sentence shall be a final order, appealable to the Court
5 of Criminal Appeals when entered.
6 G. An order granting the district attorney's motion for the
7 imposition of an adult sentence shall not be reviewable by the trial
8 court.
9 SECTION 2. This act shall become effective November 1, 2023.
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11 59-1-5742 CMA 12/28/22
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