Loading chat...
OK HB1045
Bill
Status
2/24/2015
Primary Sponsor
Anthony Sykes
Click for details
AI Summary
-
Establishes a two-year filing deadline for post-conviction relief petitions, measured from sentence imposition or conclusion of direct appeal, whichever is later, except when extraordinary cause is shown.
-
Defines "extraordinary cause" as: DNA test results showing factual innocence, newly recognized constitutional rights made retroactively applicable, or newly discovered evidence that could not have been discovered with due diligence within two years.
-
Limits defendants to filing only one petition for post-conviction relief; any second or subsequent petition attacking the same judgment(s) must be summarily dismissed.
-
Allows petitioners to file a motion to reopen their first petition based on extraordinary cause, which must be supported by affidavit and contain only factually admissible information.
-
Makes all procedural requirements apply retroactively to all defendants sentenced in Oklahoma, with provisions taking effect November 1, 2015.
Legislative Description
Criminal procedure; modifying procedures for filing petitions for post-conviction relief; effective date.
Civil and Criminal Procedure and Courts
Last Action
Second Reading referred to Judiciary
3/5/2015