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Crime,
Prevention & Public Safety
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Revision of the 1997 Truth
In Sentencing Act was a major issue during the 1998 session.
Following an interim study of Truth In Sentencing,
SB 1130 (Hendrick/Wells) was
introduced which incorporated the agreements reached by the
Senate and House on the issues raised by district attorneys,
sheriffs, judges, and other participants in the interim
study. Although the bill was not heard in the House
Committee, its contents were substituted by Senate
amendments into HB 2927
(Benson/Taylor), introduced in the House to
significantly change the original Truth In Sentence model
enacted last year. Negotiations between the Legislature and
the Governor proved fruitless in the waning hours of
session. As a result, the House approved a one-year
extension for implementation of the Truth In Sentencing Act,
but the Senate was unable to pass the extension in the final
minutes of session. Consequently, the Governor called the
Legislature into Special Session on June 15th to address
Truth In Sentencing. Again, negotiation of the areas of
concerns was unsuccessful which resulted in the Legislature
enacting HB 1002
(Steidley/Hobson). This bill changes the effective dates
for various Truth In Sentencing provisions from July 1,
1998, to July 1, 1999, thereby delaying implementation of
the Act for a year. The bill allows the present earned
credits law to continue in effect during this period and
extends the "Prison Overcrowding Emergency Powers Act until
July 1, 1999, as well. The bill also creates a two-step
parole process for persons convicted of crimes between July
1, 1998, and July 1, 1999, and prohibits parole
reconsideration under certain conditions.
SB 883
(Helton/Askins): Modifies the requirements for operating
emergency vehicles. Under this act, peace officers may
operate a police vehicle properly and lawfully in response
to a crime in progress without using audible
signals.
SB
1103 (Wilkerson/Askins): This bill authorizes Juvenile
Drug Courts to be established for substance abusing
delinquent youth and their families.
SB
1105 (Wilkerson/Wells): Communication via a cellular
phone by a hostage or barricaded suspect can not be
disseminated without the consent of the supervising law
enforcement officer or agency. Violations are considered a
misdemeanor and are punishable by a fine.
SB
1139 (Brown/Askins): This bill provides for a
compassionate parole for offenders dying or near death. It
reduces the normal time for consideration by the Governor
from thirty days to four days.
SB
1168 (Cain/Blackburn): Authorizes the Department of
Corrections to dispose of a parcel of real property located
at 1411 Classen Drive in Oklahoma City, Oklahoma, and use
the proceeds to provide critical training for correctional
officers.
SB
1181 (Shurden/Stanley): This bill amends the Oklahoma
Self-Defense Act by allowing military persons to be eligible
for an Oklahoma Self-Defense license. It modifies the
reciprocal provision to only acknowledge those states that
recognize the Oklahoma Self-Defense license. It authorizes
retired peace officers not participating in a retirement
system to be eligible for a concealed firearms permit. There
is a provision allowing a person to carry a firearm while on
a boat or while fishing or bow hunting, provided the firearm
is carried only for self defense purposes. The bill allows
for application packets to be in all sheriff's offices.
Instructors will have a four year instructor permit. It
allows armed private investigators to carry a concealed
firearm between job assignments.
SB
1216 (Wilkerson/Wells): This bill requires the private
prisons notify the Department of Corrections in the event of
riot or other disturbance when at least fifty percent (50%)
of the prison population is from Oklahoma
contracts.
SB
1367 (Douglass/Bryant): This bill is a restitution
collection bill. It establishes a process for collection of
restitution from defendants refusing to pay as ordered. It
allows defendants to be subject to criminal contempt of
court with imprisonment, fine, or both as the penalty. It
provides a method for reducing the restitution to a judgment
for purposes of collection. It allows converting the
restitution to community service hours, with or without
compensation, to provide a way to make payments on or
satisfy the restitution order.
HB
2214 (Voskuhl/Wilkerson): Opens certain juvenile records
to public scrutiny. Under existing state law, most records
on youth under the age of 18 who are arrested and prosecuted
for crimes "are confidential and shall not be open to the
general public, inspected, or their contents disclosed."
This act opens, for public inspection, the arrest records of
any juvenile who is detained for committing any act that
would be deemed a felony if committed by an adult. Other
exceptions to the confidentiality restriction include arrest
records of juveniles who are adjudged to be delinquent or
who are certified by a court to be prosecuted as
adults.
HB
2251 (Paulk/Herbert): This bill allows for authorized
emergency vehicles to display flashing red or flashing blue
lights.
HB
2542 (Gray/Weedn): This is the partial-birth abortion
bill. It defines certain terms and prohibits any physician
from performing a partial-birth abortion and thereby killing
a human fetus. The penalty is Ten Thousand Dollars
($10,000.00), or imprisonment for two (2) years. It provides
the biological father, if married to the mother who obtains
a partial-birth abortion, and the maternal grandparents the
right to bring a civil action for monetary damages suffered
as a result of a partial-birth abortion. A hearing before
the State Board of Medical Licensure and Supervision is
provided for any physician accused of conducting a
partial-birth abortion. Any finding from the hearing before
the Board is admissible in the criminal trial. The woman
obtaining a partial-birth abortion cannot be prosecution
under this law.
HB
2547 (Newport/Shurden): Body piercing on any person
under eighteen (18) years of age is prohibited by this
measure. An exception is made when a parent or legal
guardian gives written permission and is present during the
procedure. The penalty is a misdemeanor with ninety (90)
days imprisonment in the county jail, or by a fine of Five
Hundred Dollars ($500.00) or both. The State Board of Health
must promulgate rules for licensure for body piercing and
equipment. An Administrative fine of Five Hundred Dollars
($500.00) may be imposed for violation of any
rule.
HB
2616 (Hilliard/Hobson): This bill provides for the
reception of inmates into the Department of Corrections at
any location specified by the Director of the Department of
Corrections. It authorizes inmates to bypass the Lexington
Reception and Assessment Center when received into the
custody of the Department.
HB
2659 (Stranger/Rabon): Authorizes the use of red or blue
flashing lights on wreckers and tow vehicles while at the
scene of an emergency.
HB
2883 (Smith, Hopper/Laughlin): Authorizes a retired
peace officer who has applied for a C.L.E.E.T.
identification card to carry a concealed firearm as an
off-duty peace officer until the authority to carry a
concealed firearm as a retired officer is approved or denied
by C.L.E.E.T.
HB
3151 (Benson/Fisher): Requires the Office of Juvenile
Affairs to do the following: promulgate uniform rules and
adopt uniform procedures and forms for the maintenance,
transfer and release of confidential information; conduct
literacy skills analysis and provide placement of the child
in a literacy program; Identify services available to the
child or provided to the parent to alleviate or remediate
conditions in the home; exempt from the Oklahoma Central
Purchasing Act merchandise-for-resale purchased in a
juvenile facility canteen
HB
3193 (Covey/Stipe): Provides that the clerk is not
required to mail the order and judgment of forfeiture to the
bondsman or insurer if, within fifteen (15) days from the
date of forfeiture, the defendant is returned to custody,
the bond is reinstated by the court with the bondsman's
approval, or the order of forfeiture is vacated or set aside
by the court.
HB
3332 (Settle/Hobson): This bill requires the Department
of Corrections and the Administrative Office of the Courts
to create uniform supervision forms.
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