Bill Summary – FastDemocracy

1                               STATE OF OKLAHOMA
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 2                  1st Session of the 59th Legislature (2023)
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 3   SENATE BILL 325                        By: Daniels
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 6                                 AS INTRODUCED
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 7            An Act relating to criminal prosecutions; amending 22
 7            O.S. 2021, Sections 812.1 and 812.2, which relate to
 8            right to speedy trial; modifying time limits for
 8            conducting certain criminal proceedings; updating
 9            statutory references; limiting number of continuances
 9            on certain grounds; increasing frequency of certain
10            required review; updating statutory language; and
10            providing an effective date.
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13   BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14       SECTION 1.       AMENDATORY     22 O.S. 2021, Section 812.1, is
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15   amended to read as follows:
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16       Section 812.1.    A.   If any person charged with a crime and held
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17   in jail solely by reason thereof is not brought to trial within one
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18   (1) year after arrest two hundred seventy-two (272) days after the
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19   person’s initial appearance on the charge, the court shall set the
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20   case for immediate review as provided in Section 2 812.2 of this act
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21   title, to determine if the right of the accused to a speedy trial is
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22   being protected.
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23       B.   If any person charged with a felony crime who is held to
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24   answer on an appearance bond is not brought to trial within eighteen
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     Req. No. 658                                                  Page 1
 1   (18) months after arrest initial appearance, the court shall set the
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 2   case for immediate review as provided in Section 2 812.2 of this
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 3   act, title to determine if the right of the accused to a speedy
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 4   trial is being protected.
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 5       C.    In the event a mistrial is declared or a conviction is
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 6   reversed on appeal, the time limitations provided for in this
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 7   section shall commence to run from the date the mistrial is declared
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 8   or the date of the mandate of the Court of Criminal Appeals.
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 9       SECTION 2.       AMENDATORY      22 O.S. 2021, Section 812.2, is
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10   amended to read as follows:
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11       Section 812.2.    A.   Whenever the court finds that a case should
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12   be reviewed to determine if the right of an accused to a speedy
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13   trial is being protected, the court shall:
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14       1.    Issue notice to the District Attorney district attorney, the
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15   accused, and the attorney for the accused that the case will be
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16   reviewed by the court at a date and time which is not less than ten
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17   (10) days nor more than twenty (20) days from the date of the
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18   notice.    Each party shall have the opportunity to present evidence
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19   or legal authority in support of its position; and
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20       2.    Take evidence from both parties regarding the
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21   appropriateness of the cause for the delay.    At the hearing, the
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22   court shall consider whether the delay has occurred for any of the
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23   following reasons:
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     Req. No. 658                                                  Page 2
 1           a.     the delay is the result of due to the application of
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 2                  the accused or an attorney on behalf of the accused,
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 3           b.     the delay is the result of due to the fault of the
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 4                  accused or the attorney for the accused,
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 5           c.     the accused is incompetent to stand trial,
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 6           d.     a proceeding to determine the competency of the accused
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 7                  to stand trial is pending and a determination cannot be
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 8                  completed within the time limitations fixed for trial,
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 9           e.     there is material evidence or a material witness which
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10                  is unavailable and that reasonable efforts have been
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11                  made to procure such evidence or witness, and there are
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12                  reasonable grounds to believe that such evidence or
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13                  witness can be obtained and trial commenced within a
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14                  reasonable time,
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15           f.     the accused is charged as a codefendant or
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16                  coconspirator and the court has determined that the
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17                  codefendants or coconspirators must be tried before
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18                  separate juries taken from separate jury panels,
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19           g.     the court has other cases pending for trial that are
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20                  for persons incarcerated prior to the case in question,
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21                  and the court does not have sufficient time to commence
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22                  the trial of the case within the time limitation fixed
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23                  for trial; provided, no more than three continuances of
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     Req. No. 658                                                 Page 3
 1                  not more than thirty (30) days may be ordered pursuant
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 2                  to this subparagraph,
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 3            h.    the court, state, accused, or the attorney for the
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 4                  accused is incapable of proceeding to trial due to
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 5                  illness or other reason and it is unreasonable to
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 6                  reassign the case, and
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 7            i.    due to other reasonable grounds the court does not have
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 8                  sufficient time to commence the trial of the case
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 9                  within the time limit fixed for trial; provided, no
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10                  more than three continuances of not more than thirty
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11                  (30) days may be ordered pursuant to this subparagraph.
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12       B.   If, after After hearing all the evidence and the legal
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13   arguments properly submitted, if the court finds by a preponderance
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14   of the evidence that the state is not proceeding with due diligence,
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15   that none of the exceptions set out in paragraph 2 of subsection A
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16   of this section justify additional delay and the right of the
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17   accused to a speedy trial has been violated, the court shall dismiss
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18   the case.
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19       C.   If a preliminary hearing has been held, the case may be
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20   refiled, unless the applicable statute of limitations has expired,
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21   upon a showing of newly discovered evidence which could not have
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22   been discovered prior to trial, unless the applicable statute of
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23   limitations has expired.
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     Req. No. 658                                                 Page 4
 1      D.   If a preliminary hearing has not been held, the case may be
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 2   refiled, upon good cause shown, unless any applicable statute of
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 3   limitations has expired.
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 4      E.   If, after After hearing all the evidence and the legal
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 5   arguments properly submitted, if the court finds that the right of
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 6   the accused to a speedy trial has not been violated, the court shall
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 7   set the case for review in four (4) within three (3) months.   If the
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 8   case is still pending after the four-month three-month period, the
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 9   court shall conduct another review within thirty (30) days.    The
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10   four-month review of pending cases every thirty (30) days shall be a
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11   continuing responsibility of the court until final disposition of
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12   the case.
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13      SECTION 3.   This act shall become effective November 1, 2023.
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     Req. No. 658                                               Page 5