1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3960 By: Echols
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6 AS INTRODUCED
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7 An Act relating to driving under the influence;
7 amending 22 O.S. 2021, Section 991a, as amended by
8 Section 4, Chapter 310, O.S.L. 2023 (22 O.S. Supp.
8 2023, Section 991a), which relates to sentencing
9 powers of the court; removing probation exception for
9 felony DUI; applying probation consistently across
10 all felonies; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 22 O.S. 2021, Section 991a, as
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16 amended by Section 4, Chapter 310, O.S.L. 2023 (22 O.S. Supp. 2023,
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17 Section 991a), is amended to read as follows:
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18 Section 991a. A. Except as otherwise provided in the Elderly
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19 and Incapacitated Victim's Protection Program, when a defendant is
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20 convicted of a crime and no death sentence is imposed, the court
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21 shall either:
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22 1. Suspend the execution of sentence in whole or in part, with
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23 or without probation. The court, in addition, may order the
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 1 convicted defendant at the time of sentencing or at any time during
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2 the suspended sentence to do one or more of the following:
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3 a. to provide restitution to the victim as provided by
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4 Section 991f et seq. of this title or according to a
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5 schedule of payments established by the sentencing
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6 court, together with interest upon any pecuniary sum
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7 at the rate of twelve percent (12%) per annum, if the
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8 defendant agrees to pay such restitution or, in the
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9 opinion of the court, if the defendant is able to pay
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10 such restitution without imposing manifest hardship on
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11 the defendant or the immediate family and if the
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12 extent of the damage to the victim is determinable
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13 with reasonable certainty,
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14 b. to reimburse any state agency for amounts paid by the
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15 state agency for hospital and medical expenses
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16 incurred by the victim or victims, as a result of the
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17 criminal act for which such person was convicted,
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18 which reimbursement shall be made directly to the
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19 state agency, with interest accruing thereon at the
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20 rate of twelve percent (12%) per annum,
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21 c. to engage in a term of community service without
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22 compensation, according to a schedule consistent with
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23 the employment and family responsibilities of the
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24 person convicted,
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 1 d. to pay a reasonable sum into any trust fund
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2 established pursuant to the provisions of Sections 176
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3 through 180.4 of Title 60 of the Oklahoma Statutes and
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4 which provides restitution payments by convicted
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5 defendants to victims of crimes committed within this
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6 state wherein such victim has incurred a financial
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7 loss,
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8 e. to confinement in the county jail for a period not to
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9 exceed six (6) months,
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10 f. to confinement as provided by law together with a term
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11 of post-imprisonment community supervision for not
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12 less than three (3) years of the total term allowed by
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13 law for imprisonment, with or without restitution;
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14 provided, however, the authority of this provision is
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15 limited to Section 843.5 of Title 21 of the Oklahoma
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16 Statutes when the offense involved sexual abuse or
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17 sexual exploitation; Sections 681, 741 and 843.1 of
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18 Title 21 of the Oklahoma Statutes when the offense
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19 involved sexual abuse or sexual exploitation; and
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20 Sections 865 et seq., 885, 886, 888, 891, 1021,
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21 1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and
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22 1123 of Title 21 of the Oklahoma Statutes,
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23 g. to repay the reward or part of the reward paid by a
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24 local certified crime stoppers program and the
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 1 Oklahoma Reward System. In determining whether the
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2 defendant shall repay the reward or part of the
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3 reward, the court shall consider the ability of the
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4 defendant to make the payment, the financial hardship
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5 on the defendant to make the required payment and the
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6 importance of the information to the prosecution of
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7 the defendant as provided by the arresting officer or
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8 the district attorney with due regard for the
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9 confidentiality of the records of the local certified
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10 crime stoppers program and the Oklahoma Reward System.
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11 The court shall assess this repayment against the
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12 defendant as a cost of prosecution. The term
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13 "certified" means crime stoppers organizations that
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14 annually meet the certification standards for crime
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15 stoppers programs established by the Oklahoma Crime
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16 Stoppers Association to the extent those standards do
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17 not conflict with state statutes. The term "court"
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18 refers to all municipal and district courts within
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19 this state. The "Oklahoma Reward System" means the
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20 reward program established by Section 150.18 of Title
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21 74 of the Oklahoma Statutes,
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22 h. to reimburse the Oklahoma State Bureau of
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23 Investigation for costs incurred by that agency during
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24 its investigation of the crime for which the defendant
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 1 pleaded guilty, nolo contendere or was convicted
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2 including compensation for laboratory, technical or
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3 investigation services performed by the Bureau if, in
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4 the opinion of the court, the defendant is able to pay
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5 without imposing manifest hardship on the defendant,
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6 and if the costs incurred by the Bureau during the
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7 investigation of the defendant's case may be
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8 determined with reasonable certainty,
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9 i. to reimburse the Oklahoma State Bureau of
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10 Investigation and any authorized law enforcement
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11 agency for all costs incurred by that agency for
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12 cleaning up an illegal drug laboratory site for which
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13 the defendant pleaded guilty, nolo contendere or was
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14 convicted. The court clerk shall collect the amount
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15 and may retain five percent (5%) of such monies to be
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16 deposited in the Court Clerk's Revolving Fund to cover
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17 administrative costs and shall remit the remainder to
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18 the Oklahoma State Bureau of Investigation to be
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19 deposited in the OSBI Revolving Fund established by
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20 Section 150.19a of Title 74 of the Oklahoma Statutes
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21 or to the general fund wherein the other law
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22 enforcement agency is located,
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23 j. to pay a reasonable sum to the Crime Victims
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24 Compensation Board, created by Section 142.2 et seq.
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 1 of Title 21 of the Oklahoma Statutes, for the benefit
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2 of crime victims,
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3 k. to reimburse the court fund for amounts paid to court-
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4 appointed attorneys for representing the defendant in
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5 the case in which the person is being sentenced,
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6 l. to participate in an assessment and evaluation by an
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7 assessment agency or assessment personnel certified by
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8 the Department of Mental Health and Substance Abuse
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9 Services pursuant to Section 3-460 of Title 43A of the
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10 Oklahoma Statutes and, as determined by the
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11 assessment, participate in an alcohol and drug
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12 substance abuse course or treatment program or both,
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13 pursuant to Sections 3-452 and 3-453 of Title 43A of
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14 the Oklahoma Statutes, or as ordered by the court,
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15 m. to be placed in a victims impact panel program, as
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16 defined in subsection H of this section, or
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17 victim/offender reconciliation program and payment of
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18 a fee to the program of Seventy-five Dollars ($75.00)
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19 as set by the governing authority of the program to
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20 offset the cost of participation by the defendant.
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21 Provided, each victim/offender reconciliation program
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22 shall be required to obtain a written consent form
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23 voluntarily signed by the victim and defendant that
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24 specifies the methods to be used to resolve the
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 1 issues, the obligations and rights of each person and
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2 the confidentiality of the proceedings. Volunteer
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3 mediators and employees of a victim/offender
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4 reconciliation program shall be immune from liability
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5 and have rights of confidentiality as provided in
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6 Section 1805 of Title 12 of the Oklahoma Statutes,
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7 n. to install, at the expense of the defendant, an
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8 ignition interlock device approved by the Board of
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9 Tests for Alcohol and Drug Influence. The device
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10 shall be installed upon every motor vehicle operated
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11 by the defendant, and the court shall require that a
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12 notation of this restriction be affixed to the
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13 defendant's driver license. The restriction shall
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14 remain on the driver license not exceeding two (2)
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15 years to be determined by the court. The restriction
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16 may be modified or removed only by order of the court
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17 and notice of any modification order shall be given to
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18 Service Oklahoma. Upon the expiration of the period
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19 for the restriction, Service Oklahoma shall remove the
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20 restriction without further court order. Failure to
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21 comply with the order to install an ignition interlock
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22 device or operating any vehicle without a device
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23 during the period of restriction shall be a violation
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24 of the sentence and may be punished as deemed proper
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 1 by the sentencing court. As used in this paragraph,
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2 "ignition interlock device" means a device that,
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3 without tampering or intervention by another person,
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4 would prevent the defendant from operating a motor
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5 vehicle if the defendant has a blood or breath alcohol
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6 concentration of two-hundredths (0.02) or greater,
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7 o. to be confined by electronic monitoring administered
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8 and supervised by the Department of Corrections or a
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9 community sentence provider, and payment of a
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10 monitoring fee to the supervising authority, not to
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11 exceed Three Hundred Dollars ($300.00) per month. Any
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12 fees collected pursuant to this subparagraph shall be
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13 deposited with the appropriate supervising authority.
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14 Any willful violation of an order of the court for the
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15 payment of the monitoring fee shall be a violation of
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16 the sentence and may be punished as deemed proper by
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17 the sentencing court. As used in this paragraph,
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18 "electronic monitoring" means confinement of the
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19 defendant within a specified location or locations
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20 with supervision by means of an electronic device
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21 approved by the Department of Corrections which is
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22 designed to detect if the defendant is in the court-
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23 ordered location at the required times and which
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 1 records violations for investigation by a qualified
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2 supervisory agency or person,
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3 p. to perform one or more courses of treatment, education
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4 or rehabilitation for any conditions, behaviors,
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5 deficiencies or disorders which may contribute to
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6 criminal conduct including but not limited to alcohol
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7 and substance abuse, mental health, emotional health,
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8 physical health, propensity for violence, antisocial
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9 behavior, personality or attitudes, deviant sexual
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10 behavior, child development, parenting assistance, job
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11 skills, vocational-technical skills, domestic
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12 relations, literacy, education or any other
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13 identifiable deficiency which may be treated
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14 appropriately in the community and for which a
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15 certified provider or a program recognized by the
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16 court as having significant positive impact exists in
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17 the community. Any treatment, education or
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18 rehabilitation provider required to be certified
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19 pursuant to law or rule shall be certified by the
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20 appropriate state agency or a national organization,
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21 q. to submit to periodic testing for alcohol,
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22 intoxicating substance or controlled dangerous
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23 substances by a qualified laboratory,
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 1 r. to pay a fee or costs for treatment, education,
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2 supervision, participation in a program or any
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3 combination thereof as determined by the court, based
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4 upon the defendant's ability to pay the fees or costs,
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5 s. to be supervised by a Department of Corrections
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6 employee, a private supervision provider or other
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7 person designated by the court,
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8 t. to obtain positive behavior modeling by a trained
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9 mentor,
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10 u. to serve a term of confinement in a restrictive
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11 housing facility available in the community,
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12 v. to serve a term of confinement in the county jail at
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13 night or during weekends pursuant to Section 991a-2 of
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14 this title or for work release,
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15 w. to obtain