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An Act
ENROLLED HOUSE
BILL NO. 1693 By: Worthen of the House
and
Rader of the Senate
An Act relating to criminal procedure; amending
Section 1, Chapter 168, O.S.L. 2022 (22 O.S. Supp.
2024, Section 1005.1), which relates to death penalty
procedures for the mentally incompetent; clarifying
evidentiary hearing requirements; specifying time
limitation for the submission of certain reports;
directing wardens to proceed with execution under
certain circumstances; allowing new execution dates
to be set; modifying and establishing procedures for
persons deemed mentally incompetent to be executed;
applying provisions of the Criminal Discovery Code
where relevant; prohibiting proceedings from being
filed under seal; making amendatory provisions
retroactive; and providing an effective date.
SUBJECT: Criminal procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 168, O.S.L.
2022 (22 O.S. Supp. 2024, Section 1005.1), is amended to read as
follows:
Section 1005.1. A. For purposes of this act, "mentally
incompetent to be executed" means that because of a mental condition
the person is presently unable to have a rational understanding:
1. Of the reason he or she is being executed; and
2. That he or she is to be executed and that execution is
imminent.
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B. There shall be a presumption that a person who has received
a judgment of death is mentally competent to be executed.
C. If, after the Attorney General files a motion to set an
execution date, the person's attorney for the person has good reason
to believe that the person may be mentally incompetent to be
executed, the attorney may file a motion in the Court of Criminal
Appeals setting forth the facts giving rise to the belief that the
person may be mentally incompetent to be executed and requesting the
court to order that the person be examined for mental competency to
be executed.
D. A motion alleging that a person is mentally incompetent to
be executed shall be filed initially when filing a written response
to the motion of the Attorney General to set an execution date. The
person shall have seven (7) days from the filing of the motion of
the Attorney General to file a response and raise the issue of
mental incompetency.
E. A motion alleging that a person is mentally incompetent to
be executed shall identify the proceeding in which the person was
convicted and shall clearly set forth alleged facts in support of
the assertion that the person is presently mentally incompetent to
be executed. The person shall attach affidavits, records, or other
evidence supporting such allegations or shall state a reason for
which such items are not attached. The person shall identify any
previous proceeding in which the person challenged his or her
competency in relation to the conviction and judgment of death
including any challenge to the person's competency of the person to
be executed, competency to stand trial, or sanity at the time of the
offense.
F. In the order of the Court of Criminal Appeals setting the
execution date, the Court shall remand the issue of mental
competency to be executed to the trial court where the person was
originally tried and sentenced. Mental competency of a person to be
executed shall not be considered unless and until an execution date
has been scheduled.
G. In addition to the authority set forth in subsection C of
Section 1001.1 of Title 22 of the Oklahoma Statutes this title, the
Court of Criminal Appeals may issue stays of execution as necessary
to permit inquiry into the person's mental competency of the person
to be executed.
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H. On receipt of the remand, the trial court shall hold an
evidentiary hearing to determine whether the person has raised a
substantial doubt as to the person's competency of the person to be
executed. Unless the Court of Criminal Appeals issues a stay of
execution, the hearing shall be held and a decision shall be
rendered before the scheduled execution date of the person. The
Attorney General shall represent the state at the evidentiary
hearing. If the trial court determines the person has failed to
make a substantial showing that he or she is mentally incompetent to
be executed, the court shall deny the motion and the execution shall
proceed. If the trial court determines the person has made a
substantial showing that he or she is mentally incompetent to be
executed, the trial court shall order an examination of the person
by the Department of Mental Health and Substance Abuse Services or
by a qualified forensic examiner designated by the Department of
Mental Health and Substance Abuse Services. By filing the motion,
the person shall be deemed to consent to submit to an examination as
required by this section for the purpose of assessment of mental
competency to be executed. In addition, the person waives any claim
of privilege with respect to, and consents to the release of, all
mental health and medical records relevant to whether the person is
mentally incompetent to be executed. If the person refuses to be
examined by the state's expert of the state, the trial court shall
not consider any expert evidence offered by the person concerning
his or her competency.
I. The qualified forensic examiner or examiners shall receive
instructions to examine the person to determine whether the person
has a rational understanding:
1. Of the reason he or she is being executed; and
2. That he or she is to be executed and that execution is
imminent.
J. Within a time ordered by the trial court not to exceed
forty-five (45) days, the qualified forensic examiner or examiners
shall provide copies of their reports to the attorney representing
the state, the attorney representing the person, and the trial
court.
K. After all examinations are complete, the trial court shall
conduct a hearing within thirty (30) days to determine whether the
person is mentally competent to be executed. The person shall
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overcome the presumption that he or she is competent to be executed
by a preponderance of the evidence.
L. If the trial court finds that the person is competent to be
executed, the warden shall proceed to execute the judgment as
certified in the warrant. If the prior execution date has expired
or the Court of Criminal Appeals has issued a stay, a new execution
date shall be set as provided in subsection F of Section 1001.1 of
this title.
M. If the trial court finds that the person is mentally
incompetent to be executed, the following procedures shall be
followed:
1. The trial court shall issue notice to the Court of Criminal
Appeals of such findings at which time the Court of Criminal Appeals
shall issue a stay of execution if one has not already been entered.
Upon issuance of such stay, the trial court shall order that the
inmate be reexamined after a reasonable period, not to exceed four
(4) months, by a qualified forensic examiner or examiners as
necessary to determine whether the person remains mentally
incompetent to be executed. If the trial court finds that the
person is competent to be executed, the warden shall proceed to
execute the judgment as certified in the warrant.
M. If a person is found to be mentally incompetent to be
executed,
2. The trial court shall also order the Department of Mental
Health and Substance Abuse Services shall to determine through
consultation with the Department of Corrections, the place for the
person to be held for safe confinement until his or her competency
is restored.
3. The trial court shall further order the Department of Mental
Health and Substance Abuse Services to provide treatment, therapy,
or training for the person to achieve competency. The Department of
Mental Health and Substance Abuse Services may designate an entity
with qualified personnel to provide competency restoration services
on behalf of the Department. Competency restoration services shall
begin within no more than thirty (30) days after the order issued by
the trial court.
N. If a person is determined by
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4. The Department of Mental Health and Substance Abuse
Services, or a qualified forensic examiner or examiners to have
regained his or her designated by the Department, shall reevaluate
the mental competency, the state shall file a motion to determine
mental of the person to be executed no more than four (4) months
after competency to be heard by the trial court where the person was
originally tried restoration services have commenced. A copy of the
report following reevaluation shall be provided to the attorney
representing the state, the attorney representing the person, and
the trial court. If the qualified forensic examiner finds the
person to be mentally competent to be executed, the trial court
shall hold a hearing to determine whether the person is mentally
competent to be executed within forty-five (45) days after receipt
of the report. The state must overcome by competent evidence a
rebuttable presumption of continued incompetence.
5. After such hearing, if the person is found to be mentally
competent to be executed, the trial court shall notify the Court of
Criminal Appeals which shall vacate the stay of execution. The
warden shall proceed to execute the judgment as certified in the
warrant. If the prior execution date has expired, a new execution
date shall be set as provided in subsection F of Section 1001.1 of
Title 22 of the Oklahoma Statutes this title.
6. If the trial court determines that the person remains
mentally incompetent to be executed, the trial court shall enter an
order directing the Department of Mental Health and Substance Abuse
Services to continue to provide treatment, therapy, or training for
the person to achieve competency. The Department may designate an
entity with qualified personnel to provide competency restoration
services on behalf of the Department.
7. The entity providing competency restoration services shall
monitor the progress of the person and immediately provide written
notification to the attorney representing the state, the attorney
representing the person, and the trial court if it appears the
person facing execution may have regained mental competency to be
executed. Upon receipt of such notice, the trial court shall order
the Department of Mental Health and Substance Abuse Services, or a
qualified forensic examiner designated by the Department, to
immediately reevaluate the mental competency of the person to be
executed and submit a report within thirty (30) days of the order.
The trial court shall then schedule an evidentiary hearing, to be
held within thirty (30) days, to determine whether the person is
mentally competent to be executed. The state must overcome by
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competent evidence a rebuttable presumption of continued
incompetence.
8. After the hearing, if the person is found to be mentally
competent to be executed, the trial court shall notify the Court of
Criminal Appeals which shall vacate the stay of execution. The
warden shall proceed to execute the judgment as certified in the
warrant. If the prior execution date has expired, a new execution
date shall be set as provided in subsection F of Section 1001.1 of
this title.
9. If the person is found not mentally competent to be
executed, restoration services shall continue as provided in
paragraphs 3 and 4 of this subsection. The entity providing
competency restoration services shall prepare periodic reports,
every six (6) months, indicating what services are being provided
and the response of the person, if any, to treatment. These reports
shall be provided to the attorney representing the state, the
attorney representing the person, and the trial court. The entity
providing competency restoration services shall be under a
continuing duty to comply with the provisions of paragraph 7 of this
subsection.
N. The provisions of the Criminal Discovery Code, Section 2002
of this title, shall apply, as relevant, to evidentiary hearings
conducted under the provisions of this section.
O. If any intervening change in the mental competency of the
person to be executed occurs after the seven (7) day deadline to
initiate proceedings required pursuant to subsection D of this
section, the person may file a motion alleging he or she is mentally
incompetent to be executed with the Court of Criminal Appeals. An
intervening change shall be a condition that has not and could not
have been presented in a timely motion because the factual basis for
the claim was not ascertainable through the exercise of reasonable
diligence. If the Court of Criminal Appeals determines that an
intervening change has occurred, the procedures set forth in this
section shall apply.
P. Any filing made pursuant to this section shall be made in
good faith as provided in Rule 9.7(C), Rules of the Court of
Criminal Appeals, of this title, Ch. 18, App.
Q. No portion of the record in proceedings under the provisions
of this section shall be filed under seal.
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R. Upon the effective date of this act, any amendments made to
the provisions of this section shall be applied retroactively.
SECTION 2. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 12th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 1st day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________