Bill Summary – FastDemocracy

1                                  STATE OF OKLAHOMA
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 2                   2nd Session of the 59th Legislature (2024)
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 3   SENATE BILL 1835                         By: Gollihare
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 6                                   AS INTRODUCED
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 7             An Act relating to postconviction relief; authorizing
 7             motion to vacate judgment of conviction under certain
 8             circumstances; granting jurisdiction to consider
 8             certain motion; providing for appeal of determination
 9             of certain motion; granting authority to prosecute
 9             certain appeal; providing for codification; and
10             declaring an emergency.
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13   BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14       SECTION 1.       NEW LAW       A new section of law to be codified
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15   in the Oklahoma Statutes as Section 1381 of Title 22, unless there
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16   is created a duplication in numbering, reads as follows:
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17       A.    Notwithstanding any other provision of law concerning
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18   postconviction relief, a district attorney in the jurisdiction in
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19   which a person was convicted of an offense may file a motion in the
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20   district court to vacate or set aside a judgment of conviction at
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21   any time if clear and convincing evidence exists establishing that
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22   the defendant was convicted of an offense that the defendant did not
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23   commit.    The district court shall have jurisdiction and authority to
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24   consider, hear, and decide the motion.
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     Req. No. 2687                                                  Page 1
 1      B.   If the case has previously been ruled upon by the Court of
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 2   Criminal Appeals at any stage, then any appeal of the resolution of
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 3   such motion shall be filed in the Supreme Court, which shall have
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 4   jurisdiction to decide the appeal.   The district attorney shall have
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 5   the power to prosecute such an appeal.
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 6      SECTION 2.   It being immediately necessary for the preservation
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 7   of the public peace, health or safety, an emergency is hereby
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 8   declared to exist, by reason whereof this act shall take effect and
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 9   be in full force from and after its passage and approval.
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11      59-2-2687      TEK       1/17/2024 4:38:19 PM
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     Req. No. 2687                                               Page 2