2024 Oklahoma Legislative Session

The Oklahoma Legislature embarked on the 2024 session, starting with Governor Kevin Stitt’s State of the State address. Governor Stitt took that opportunity to remind Oklahomans that we believe in the rule of law, that criminals are not welcome, and that we still believe in fair sentences and second chances.

Right On Crime is working with Oklahoma lawmakers to uphold traditional values and enact policies prioritizing public safety, fiscal responsibility, and individual liberties.

Upholding Conservative Leadership

Representative Kyle Hilbert and Senator Greg McCortney, stalwarts of conservative principles, secured the support of their respective caucuses and were elected as House Speaker-Elect and Senator President Pro Tempore-Elect, respectively. Their steadfast commitment to conservative ideals ensures that Oklahoma’s legislative goals remain grounded in principles of limited government, personal responsibility, and free-market enterprise.

Update April 2024

The Oklahoma Legislature is moving forward with the 2024 session. The Senate passed the deadline for House bills to be heard in Senate committees, meaning we will start to see long floor agendas. The House is still considering appropriations bills and will also start to hear Senate bills on the House floor.

ELECTION YEAR IS UPON US

Filing for the 2024 elections took place the first week of April. Approximately half of the House members seeking reelection won another term because they did not draw an opponent. Four incumbent House members were term-limited, and nine chose not to seek reelection, with a few running for another office. In the Senate, only seats in odd-numbered districts are up for election. Five incumbent members were reelected as they did not draw an opponent.

ADVANCING PRO-JUSTICE CHANGES

Throughout the session, conservative lawmakers are working on initiatives to reform the criminal justice system, recognizing the need to strike a balance between accountability and rehabilitation.

Right On Crime is working with Senator Adam Pugh and Representative Nicole Miller on Senate Bill 1770, which underscores the conservative ethos of individual redemption and second chances to clarify expungement procedures for implementing the Clean Slate Initiative passed in 2022. It accomplishes this goal by refining expungement, particularly partially sealed versus fully sealed records. It also allows an expungement application to contain multiple offenses and clarifies that previously expunged records cannot be used when determining the eligibility of a new record. Finally, it adds adult pardons to the offenses eligible for the automated expungement process.

In the fight against organized retail crime, conservative lawmakers are considering Senate Bill 1450, a strict measure introduced by Senator Greg Treat and Representative John George. This legislation bolsters law enforcement efforts to combat theft and protect businesses, safeguarding the hard-earned prosperity of Oklahoma families.

House Bill 3499, sponsored by Representative Tammy West and Senator Dave Rader, aims to facilitate housing access for individuals with prior criminal records in Oklahoma. The bill expands standards and guidelines for landlord and tenant criminal history checks, aligning state regulations with federal HUD guidelines. It mandates thorough, individualized reviews of prospective renters with criminal histories for property owners benefiting from Affordable Housing Tax Credits, prohibits blanket denials, and emphasizes thoughtful, case-by-case assessments. Additionally, it prohibits discriminatory practices in background checks, ensuring transparency and allowing applicants to provide corroborative documentation. The bill promotes successful reintegration into society post-incarceration by addressing barriers to housing access, emphasizing rehabilitation and second chances while upholding individuals’ rights and dignity.

Senate Bill 1711: This critical piece of legislation, sponsored by Senator Brent Howard and Representative Rande Worthen, came out of the MODERN Taskforce and allows individuals held on a warrant in a county other than where the case is filed to be arraigned via videoconference. This innovative approach to arraignment streamlines the legal process, saving time and resources for both the courts and the individuals involved.

Other bills of note:

Senate Bill 1470 (Senator Greg Treat and Representative Jon Echols), Named the Domestic Abuse Survivorship Act, directs sentencing courts to consider certain mitigating factors for survivors of domestic abuse who are found guilty. It also includes retroactivity for those currently serving.
Senate Bill 1724 (Senator Brent Howard and Representative Brian Hill) allows the court to tell Service Oklahoma to pause any suspension of a person’s driver’s license if they are participating in a community sentencing program and show that they have no other transportation methods available to them.
Senate Bill 1835 (Senator Todd Gollihare) allows district attorneys in the jurisdiction of a convicted person to file a motion to vacate any sentence or judgment against an innocent person regardless of any postconviction relief or other agreement.

LAWMAKERS RISK UNDOING PROGRESS FROM PREVIOUS YEARS

Despite the progress made on conservative reforms, challenges persist. Some lawmakers desire to adopt measures reminiscent of the “tough-on-crime” policies in the 90s. While advocating for responsible governance, lawmakers must tread carefully to ensure that proposed changes adequately address public safety in our communities while not burdening our prisons and jails.

One of those policies was in House Bill 3694. Specifically, this lowered the threshold for larceny of merchandise to qualify as a felony from $1,000 to $500. The threshold was increased in 2018 from $500 to $1,000 to address the increase in the cost of goods. In 2018, when the threshold was increased, the average cell phone cost $567; today, the average price is $940. Thankfully, lawmakers chose not to move this bill forward and it is dormant for the remainder of the session.

As the legislative session progresses, conservative lawmakers remain steadfast in their commitment to advancing policies that reflect the values and priorities of the people of Oklahoma. In the spirit of responsible governance, let’s move forward with determination and confidence, assured of our ability to enact positive change and secure a brighter future for all Oklahomans.

UPDATE FEBRUARY 2024

Advancing Pro-Justice Changes

Throughout the session, conservative lawmakers are working on initiatives to reform the criminal justice system, recognizing the need to strike a balance between accountability and rehabilitation. House Bill 3037, spearheaded by Representative Preston Stinson and Senator Todd Gollihare, introduces sensible adjustments to the expungement process by allowing individuals who complete diversion programs to apply for an expungement immediately. After completing a diversion program, some individuals can have their charges dismissed. However, those arrest records remain in the system. This can create barriers to employment, housing, education, and more. It’s crucial to recognize that most participants in diversion programs are first-time offenders, and their offenses are nonviolent. By allowing them to apply for expungement upon completing these programs, we promote rehabilitation and reintegration into society and reduce recidivism rates.

Likewise, Senate Bill 1770, led by Senator Adam Pugh and Representative Nicole Miller, underscores the conservative ethos of individual redemption and second chances to clarify expungement procedures for implementing the Clean Slate Initiative passed in 2022. It accomplishes this goal by refining expungement, particularly partially sealed versus fully sealed records. It also allows an expungement application to contain multiple offenses and clarifies that previously expunged records cannot be used when determining the eligibility of a new record. Finally, it adds adult pardons to the offenses eligible for the automated expungement process.

In the fight against organized retail crime, conservative lawmakers are considering Senate Bill 1450, a strict measure introduced by Senator Greg Treat and Representative John George. This legislation bolsters law enforcement efforts to combat theft and protect businesses, safeguarding the hard-earned prosperity of Oklahoma families.

MODERN Taskforce Recommendations: Improving Justice and Efficiency

This past interim, Governor Kevin Stitt brought together the MODERN Justice Taskforce, made up of thought leaders in the criminal justice system, to talk about improvements needed in Oklahoma to make our state safe, treat behavioral health issues, and lower the amount of tax dollars spent on incarceration. A report was created that laid out several recommendations, and from that, legislation was filed to address some of the issues. These include:

House Bill 3613: This new law, sponsored by Representative Daniel Pae and Senator Dave Rader, introduces significant changes to the indictment process. If passed, it will require the state to file an indictment within five days of an arrest unless that fifth day falls on a holiday or weekend. This swift action ensures that individuals are promptly informed of the charges against them and can begin preparing their defense. Additionally, the law allows the state to request an extension of this deadline if necessary. Importantly, if the state fails to meet the five-day deadline, the arrested person has the right to petition the court for release on an OR bond, ensuring that individuals are not held in custody without due process.

Senate Bill 1706: Sponsored by Senator Todd Gollihare and Representative Daniel Pae, this bill addresses cases where individuals have been wrongfully convicted. Under this law, a district attorney can file a motion to vacate or set aside a conviction if there is clear and convincing evidence that the defendant is innocent. This crucial provision ensures that justice is served and innocent individuals are not unjustly punished for crimes they did not commit.

Senate Bill 1711: Another critical piece of legislation, sponsored by Senator Brent Howard and Representative Rande Worthen, allows individuals held on a warrant in a county different from where the case is filed to be arraigned via videoconference. This innovative approach to arraignment streamlines the legal process, saving time and resources for both the courts and the individuals involved.

Lawmakers Risk Undoing Progress From Previous Years

Despite the progress made on conservative reforms, challenges persist, notably in the debate surrounding House Bill 3694. While advocating for responsible governance, lawmakers must tread carefully to ensure that proposed changes adequately address public safety in our communities while not burdening our prisons and jails. Specifically, this bill lowers the threshold for larceny of merchandise to qualify as a felony from $1,000 to $500. The threshold was increased in 2018 from $500 to $1,000 to address the increase in the cost of goods. In 2018, when the threshold was increased, the average cell phone cost $567; today, the average price is $940. The PEW Charitable Trust did a study where they focused on states that raised their felony theft thresholds to see if that changed crime rates. They found that states that increased their thresholds reported roughly the same average decrease in crime as the 20 states that did not change their theft laws. They further found that the amount of a state’s felony theft threshold—whether it is $500, $1,000, $2,000, or more—is not correlated with a state’s property crime and larceny rates. The study lists actions that cities and states can take to affect crime. They include increased policing, the increased incarceration of certain repeat offenders, an expansion in private security personnel, an aging population that is less prone to criminal behavior; and technological advances, such as the widespread use of surveillance cameras, car- and home-alarm systems, and digital transactions that have reduced the need for cash.

As the legislative session progresses, conservative lawmakers remain steadfast in their commitment to advancing policies that reflect the values and priorities of the people of Oklahoma. With the March 14 deadline fast approaching, legislators are poised to continue championing conservative solutions that empower individuals, strengthen families, and uphold the principles upon which our great state was founded.

In the spirit of conservative governance, let us forge ahead with determination and resolve, confident in our ability to enact positive change and secure a brighter future for all Oklahomans.

Other bills of note:

House Bill 3497: (Representative Tammy West and Senator Todd Gollihare) removes the $40 district attorney supervision fee.
Senate Bill 1451: (Senator Greg McCortney) provides an income tax credit for court costs paid by individuals with a gross income of at least $10,000.
Senate Bill 1470: (Senator Greg Treat and Representative Jon Echols), Named the Domestic Abuse Survivorship Act, directs sentencing courts to consider certain mitigating factors for survivors of domestic abuse who are found guilty. It also includes retroactivity for those currently serving.
Senate Bill 1724 (Senator Brent Howard and Representative Brian Hill) allows the court to tell Service Oklahoma to pause any suspension of a person’s driver’s license if they are participating in a community sentencing program and show that they have no other transportation methods available to them.
Senate Bill 1783 (Senator Brent Howard and Representative David Hardin) requires courts to utilize pretrial programs as alternatives to bail for people who do not qualify for OR bonds and do not pose a public safety risk. It also allows the DA to dismiss a case if the defendant completes a pretrial treatment program. Additionally, if an OR bond is revoked, the court can send the defendant to an inpatient bed instead of jail.
Senate Bill 1835: (Senator Todd Gollihare) allows district attorneys in the jurisdiction of a convicted person to file a motion to vacate any sentence or judgment against a person who is innocent regardless of any postconviction relief or other agreement.