Loading chat...

OK HB1045

Bill

Status

Engrossed

2/24/2015

Primary Sponsor

Anthony Sykes

Click for details

Origin

House of Representatives

2015 Regular Session

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

Committee Referrals

Judiciary3/5/2015
Criminal Justice and Corrections2/3/2015

Full Bill Text

No bill text available