1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1470 By: Treat
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6 AS INTRODUCED
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7 An Act relating to sentencing; creating the Oklahoma
7 Survivors’ Act; providing short title; defining
8 terms; directing courts to consider certain
8 mitigating factors during sentencing and pleas;
9 requiring defendants to provide certain evidence;
9 allowing courts discretion to depart from applicable
10 sentences; authorizing courts to impose lesser
10 sentences under certain circumstances; providing for
11 the introduction of certain arguments and testimony;
11 allowing defendants with certain sentences to request
12 an application for resentencing; requiring inclusion
12 of certain information when making request; providing
13 jurisdictional requirements; providing notice
13 procedures when granting or denying requests;
14 allowing defendants to request the appointment of
14 counsel; directing court clerks to send notification
15 to the appropriate district attorney; requiring the
15 inclusion of certain evidence with applications;
16 providing for dismissal of applications; establishing
16 hearing procedures upon approval of applications;
17 providing notice procedures for orders issued by the
17 court; establishing sentencing ranges for new
18 sentences; providing for the appeal of orders;
18 allowing applicants to request the appointment of
19 counsel; requiring time served to be credited toward
19 sentence; providing for codification; and providing
20 an effective date.
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23 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 1 SECTION 1. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1090.1 of Title 22, unless there
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3 is created a duplication in numbering, reads as follows:
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4 This act shall be known and may be cited as the “Oklahoma
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5 Survivors’ Act”.
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6 SECTION 2. NEW LAW A new section of law to be codified
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7 in the Oklahoma Statutes as Section 1090.2 of Title 22, unless there
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8 is created a duplication in numbering, reads as follows:
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9 As used in this act:
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10 1. “Conditional release” means a type of release from custody
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11 that is not parole but which must comply with conditions such as
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12 electronic monitoring;
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13 2. “Deferred sentence” means a type of sentence as provided in
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14 Section 991c of Title 22 of the Oklahoma Statutes;
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15 3. “Domestic abuse” means any act of physical harm or the
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16 threat of imminent physical harm which is committed by an adult,
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17 emancipated minor, or minor child thirteen (13) years of age or
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18 older against another adult, emancipated minor, or minor child who
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19 is currently or was previously an intimate partner or family or
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20 household member;
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21 4. “Physical abuse” means any real or threatened physical
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22 injury or damage to the body that is not accidental;
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23 5. “Post-traumatic stress disorder” means the same as such term
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24 is defined in the Diagnostic and Statistical Manual of Mental
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 1 Disorders, Fifth Edition (DSM-5, 2013), and occurred as a result of
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2 the victimization of a survivor;
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3 6. “Psychological abuse” means a pattern of real or threatened
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4 mental intimidation, threats, coercive control, economic-financial
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5 control, and humiliation that is intended to provoke fear of harm;
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6 and
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7 7. “Sentencing hearing” means a type of postconviction hearing
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8 in which the defendant is brought before the court for imposition of
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9 the sentence.
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10 SECTION 3. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 1090.3 of Title 22, unless there
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12 is created a duplication in numbering, reads as follows:
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13 A. During a hearing to:
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14 1. Sentence a person; or
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15 2. Accept a plea of guilty,
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16 for a person who is a survivor of domestic abuse, and has been
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17 charged with a crime, the court shall consider as a mitigating
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18 factor that the person has been abused physically, sexually, or
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19 psychologically by the person’s intimate partner or family member.
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20 B. The defendant shall provide to the court evidence including
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21 but not limited to:
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22 1. Documentary evidence corroborating that the defendant was,
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23 at the time of the offense or within one (1) year prior to the
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 1 commission of the offense, a victim of domestic abuse perpetrated by
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2 the person the defendant defended himself or herself against; and
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3 2. At least one piece of documentary evidence that is a court
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4 record, presentence report, social services record, hospital record,
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5 sworn statement from a witness to the domestic violence who is not
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6 the defendant, law enforcement record, domestic incident report, or
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7 order of protection.
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8 Other evidence may include but not be limited to local jail
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9 records or records of the Department of Corrections, documentation
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10 prepared at or near the time of the commission of the offense or the
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11 prosecution thereof tending to support the claims of the defendant,
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12 or verification of consultation with a licensed medical care
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13 provider or mental health care provider, employee of a court acting
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14 within the scope of his or her employment, member of the clergy,
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15 attorney, social worker, or rape crisis counselor, or other advocate
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16 acting on behalf of an agency that assists victims of domestic
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17 abuse. Expert testimony from a psychiatrist, psychologist, or
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18 mental health professional showing that the defendant has been
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19 diagnosed with post-traumatic stress disorder may also be submitted
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20 to the court as evidence.
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21 C. If the court finds by a preponderance of the evidence that
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22 the defendant is a survivor of domestic abuse within one (1) year
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23 prior to or on the date of the offense and that abuse was a
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24 substantial contributing factor to the defendant’s criminal
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 1 liability, the court shall depart from the applicable sentence to
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2 the ranges provided as follows:
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3 1. Sentences of life without the possibility of parole shall be
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4 reduced to thirty (30) years or less;
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5 2. Sentences of life with the possibility of parole shall be
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6 reduced to twenty-five (25) years or less;
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7 3. Sentences of thirty (30) years or more shall be reduced to
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8 twenty (20) years or less;
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9 4. Sentences of twenty (20) years or more shall be reduced to
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10 fifteen (15) years or less;
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11 5. Sentences of fifteen (15) years or more shall be reduced to
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12 seven and one-half (7 1/2) years or less; and
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13 6. Sentences of eight (8) years or more shall be reduced to
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14 five (5) years or less.
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15 SECTION 4. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 1090.4 of Title 22, unless there
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17 is created a duplication in numbering, reads as follows:
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18 A. Where a court has imposed a criminal judgment and sentence
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19 upon a defendant other than for an offense which would require such
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20 defendant to register as a sex offender pursuant to the Sex
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21 Offenders Registration Act, an attempt or conspiracy to commit any
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22 such offense, or any crime for which the defendant has been
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23 sentenced to death, and the defendant is serving the sentence in the
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 1 custody of the Department of Corrections, the court shall impose a
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2 new, lesser sentence upon a determination following a hearing that:
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3 1. At the time of the offense for which the sentence is being
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4 served, the defendant was a victim of domestic violence and
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5 subjected to physical, sexual, or psychological abuse inflicted by a
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6 member of the same family or household as the defendant, or someone
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7 who was an intimate partner of the defendant; and
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8 2. Such abuse was a significant contributing factor to the
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9 criminal behavior of the defendant.
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10 At the hearing to determine whether the defendant should be
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11 resentenced pursuant to this section, the court shall consider oral
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12 and written arguments, take testimony from witnesses offered by
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13 either party, and consider all relevant evidence to assist in making
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14 its determination. The court may determine that such abuse
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15 constitutes a significant contributing factor to the crime
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16 regardless of whether the defendant raised an affirmative defense.
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17 SECTION 5. NEW LAW A new section of law to be codified
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18 in the Oklahoma Statutes as Section 1090.5 of Title 22, unless there
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19 is created a duplication in numbering, reads as follows:
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20 A. Any person who is:
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21 1. Confined in an institution under the custody and control of
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22 the Department of Corrections;
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 1 2. Serving a sentence with a minimum term of eight (8) years or
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2 more for an offense committed prior to the effective date of this
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3 act; and
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4 3. Eligible for an alternative sentence pursuant to the
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5 provisions of Section 3 of this act,
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6 may, on or after the effective date of this act, submit to the judge
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7 who imposed the original sentence a request to apply for
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8 resentencing in accordance with the provisions of Section 3 of this
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9 act. Such person shall include in the request documentation showing
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10 that he or she is confined in an institution under the custody and
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11 control of the Department of Corrections and is serving a sentence
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12 of a minimum term of eight (8) years or more for an offense
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13 committed prior to the effective date of this act. The person shall
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14 also declare that he or she is eligible for an alternative sentence
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15 under the provisions of Section 3 of this act.
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16 B. At the time of the request to apply for resentencing, if the
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17 original sentencing judge is a judge or justice of a court of
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18 competent jurisdiction, but such court is not the court in which the
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19 original sentence was imposed, the request shall be randomly
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20 assigned to another judge of the court in which the original
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21 sentence was imposed. If the original sentencing judge is no longer
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22 a judge of a court of competent jurisdiction, the request shall be
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23 randomly assigned to another judge of the appropriate court.
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 1 C. 1. If the court finds that such person has met the
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2 requirements to apply for resentencing as provided in subsection A
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3 of this section, the court shall provide notice to the person that
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4 he or she may submit an application for resentencing. Upon such
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5 notification, the person may request the court appoint an attorney
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6 to assist the person in the preparation of and proceedings on the
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7 application for resentencing.
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8 2. If the court finds that such person has not met the
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9 requirements to apply for resentencing as provided for in subsection
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10 A of this section, the court shall notify the person and dismiss his
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11 or her request without prejudice.
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12 D. Upon the receipt of an application for resentencing, the
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13 court clerk shall promptly notify the appropriate district attorney
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14 and provide such district attorney with a copy of the application.
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15 E. If the judge that received the application is not the judge
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16 who originally sentenced the applicant, the application may be
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17 referred to the original sentencing judge provided that he or she is
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18 a judge of a court of competent jurisdiction and the applicant and
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19 the district attorney agree that the application should be referred.
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20 F. An application for resentencing pursuant to this section
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21 shall include evidence corroborating the claim of the applicant that
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22 he or she was, within one (1) year prior to or at the time of the
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23 offense, a victim of domestic violence and subjected to substantial
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24 physical, sexual, or psychological abuse inflicted by a member of
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 1 the same family or household as the applicant, or previous intimate
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2 partner who was in a relationship with the applicant. At least one
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3 piece of evidence shall be a court record, presentence report,
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4 social services record, hospital record, sworn statement from a
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5 witness to the domestic violence who is not the applicant, law
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6 enforcement record, domestic incident report, or order of
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7 protection. Other evidence may include but not be limited to local
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8 jail records or records of the Department of Corrections,
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9 documentation prepared at or near the time of the commission of the
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10 offense or the prosecution thereof tending to support the claims of
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11 the applicant, or verification of consultation with a licensed
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12 medical care provider or mental health care provider, employee of a
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13 court acting within the scope of his or her employment, member of
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14 the clergy, attorney, social worker, or rape crisis counselor, or
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15 other advocate acting on behalf of an agency that assists victims of
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16 domestic abuse. Expert testimony from a psychiatrist, psychologist,
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17 or mental health professional showing that the applicant has been
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18 diagnosed with post-traumatic stress disorder may also be submitted
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19 to the court as evidence.
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20 G. 1. If the court finds that the applicant has not complied
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21 with the provisions of subsection F of this section, the court shall
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22 dismiss the application without prejudice.
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23 2. If the court finds that the applicant has complied with the
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24 provisions of subsection F of this section, the court shall conduct
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 1 a hearing to aid in making its determination of whether the
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2 applicant should be resentenced in accordance with Section 3 of this
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3 act. At the hearing, the court shall determine any controverted
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4 issues of fact relevant to the issue of sentencing. The court may
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5 consider any facts or circumstances relevant to the imposition of a
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6 new sentence submitted by the applicant or the district attorney and
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7 may consider the institutional record of confinement of such person;
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8 provided, however, the court shall not order a new presentence
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9 investigation and report or entertain any matter challenging the
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10 underlying basis of the subject conviction. Consideration of the
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11 institutional record of confinement of an applicant by the court
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12 shall include but not be limited to the participation or willingness
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13 of the applicant to participate in programming such as domestic
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14 violence, parenting, and substance abuse treatment while
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15 incarcerated and the disciplinary history of the applicant. The
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16 fact that the applicant may have been unable to participate in
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17 treatment or other programming while incarcerated despite the
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18 willingness of the applicant to do so shall not be considered a
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19 negative factor when the court is making its determination.
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20 H. If the court determines that the applicant should not be
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21 resentenced in accordance with Section 3 of this act, the court
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22 shall inform such applicant of its decision and shall enter an order
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23 to that effect. Any order issued by a court pursuant to this
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