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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3966 By: Munson
AS INTRODUCED
An Act relating to wrongful convictions; amending 51
O.S. 2021, Section 154, as amended by Section 2,
Chapter 292, O.S.L. 2025 (51 O.S. Supp. 2025, Section
154), which relates to The Governmental Tort Claims
Act; providing for retroactive application of
wrongful conviction claims; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 51 O.S. 2021, Section 154, as
amended by Section 2, Chapter 292, O.S.L. 2025 (51 O.S. Supp. 2025,
Section 154), is amended to read as follows:
Section 154. A. The total liability of the state and its
political subdivisions on claims within the scope of The
Governmental Tort Claims Act, arising out of an accident or
occurrence happening after October 1, 1985, Section 151 et seq. of
this title, shall not exceed:
1. Twenty-five Thousand Dollars ($25,000.00) for any claim or
to any claimant who has more than one claim for loss of property
arising out of a single act, accident, or occurrence;
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2. Except as otherwise provided in this paragraph, One Hundred
Twenty-five Thousand Dollars ($125,000.00) to any claimant for a
claim for any other loss arising out of a single act, accident, or
occurrence. The limit of liability for the state or any city or
county with a population of three hundred thousand (300,000) or more
according to the latest Federal Decennial Census, or a political
subdivision as defined in subparagraph s of paragraph 11 12 of
Section 152 of this title, shall not exceed One Hundred Seventy-five
Thousand Dollars ($175,000.00). Except however, the limits of the
liability for the University Hospitals and State Mental Health
Hospitals operated by the Department of Mental Health and Substance
Abuse Services for claims arising from medical negligence shall be
Two Hundred Thousand Dollars ($200,000.00). For claims arising from
medical negligence by any licensed physician, osteopathic physician
or certified nurse-midwife rendering prenatal, delivery or infant
care services from September 1, 1991, through June 30, 1996,
pursuant to a contract authorized by subsection B of Section 1-106
of Title 63 of the Oklahoma Statutes and in conformity with the
requirements of Section 1-233 of Title 63 of the Oklahoma Statutes,
the limits of the liability shall be Two Hundred Thousand Dollars
($200,000.00); or
3. One Million Dollars ($1,000,000.00) for any number of claims
arising out of a single occurrence or accident.
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B. 1. Beginning on July 1, 2025 2026, claims shall be allowed
for wrongful criminal felony conviction resulting in imprisonment if
the claimant has received a full pardon on the basis of a written
finding by the Governor of actual innocence for the crime for which
the claimant was sentenced or has been granted judicial relief
absolving the claimant of guilt on the basis of actual innocence of
the crime for which the claimant was sentenced. The Governor or the
court shall specifically state, in the pardon or order, the evidence
or basis on which the finding of actual innocence is based.
2. As used in paragraph 1 of this subsection, for a claimant to
recover based on "actual innocence", the individual must meet the
following criteria:
a. the individual was charged, by indictment or
information, with the commission of a public offense
classified as a felony,
b. the individual was sentenced to incarceration for a
term of imprisonment as a result of the conviction,
c. the individual was imprisoned solely on the basis of
the conviction for the offense, and
d. (1) in the case of a pardon, a determination was made
by either the Pardon and Parole Board or the
Governor that the offense for which the
individual was convicted, sentenced and
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imprisoned, including any lesser offenses, was
not committed by the individual, or
(2) in the case of judicial relief, a court of
competent jurisdiction found by clear and
convincing evidence that the offense for which
the individual was convicted, sentenced and
imprisoned, including any lesser included
offenses, was not committed by the individual and
issued an order vacating, dismissing or reversing
the conviction and sentence and providing that no
further proceedings can be or will be held
against the individual on any facts and
circumstances alleged in the proceedings which
had resulted in the conviction.
3. A claimant shall not be entitled to compensation for any
part of a sentence in prison during which the claimant was also
serving a concurrent sentence for a crime not covered by this
subsection.
4. The total liability of the state and its political
subdivisions on any claim within the scope of The Governmental Tort
Claims Act arising out of wrongful criminal felony conviction
resulting in imprisonment shall be in an amount equal to Fifty
Thousand Dollars ($50,000.00) multiplied by the number of years
served in prison, expressed as a fraction to reflect partial years.
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5. In addition to the award of damages provided for in
paragraph 4 of this subsection, a claimant who served his or her
time on death row shall be entitled to receive supplemental
compensation in the amount of Fifty Thousand Dollars ($50,000.00)
multiplied by the number of years the person served on death row,
expressed as a fraction to reflect partial years.
6. In addition to the award of damages provided for in
paragraph 4 of this subsection, a claimant who was released on
parole or released under conditions of probation shall be entitled
to receive supplemental compensation in the amount of Twenty-five
Thousand Dollars ($25,000.00) multiplied by the number of years the
person was on parole or under probation, expressed as a fraction to
reflect partial years.
7. A claimant entitled to compensation under the provisions of
this subsection shall be entitled to an award of damages under this
subsection of One Million Dollars ($1,000,000.00) or less shall be
paid to the claimant in a lump sum. If an award of damages under
this subsection exceeds One Million Dollars ($1,000,000.00), then
One Million Dollars ($1,000,000.00) of the award shall be paid to
the claimant in a lump sum and the remainder shall be paid annually
in equal payments over a period of three (3) years.
8. The provisions of this subsection shall apply to
exonerations occurring on and after July 1, 1975. If a court of
competent jurisdiction finds that retroactive application of this
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subsection is unconstitutional, the prospective application of this
subsection shall remain valid.
C. No award for damages in an action or any claim against the
state or a political subdivision shall include punitive or exemplary
damages.
D. When the amount awarded to or settled upon multiple
claimants exceeds the limitations of this section, any party may
apply to the district court which has jurisdiction of the cause to
apportion to each claimant the claimant's proper share of the total
amount as limited herein. The share apportioned to each claimant
shall be in the proportion that the ratio of the award or settlement
made to him or her bears to the aggregate awards and settlements for
all claims against the state or its political subdivisions arising
out of the occurrence. When the amount of the aggregate losses
presented by a single claimant exceeds the limits of paragraph 1 or
2 of subsection A of this section, each person suffering a loss
shall be entitled to that person's proportionate share.
E. The total liability of resident physicians and interns while
participating in a graduate medical education program of the
University of Oklahoma College of Medicine, its affiliated
institutions and the Oklahoma College of Osteopathic Medicine and
Surgery shall not exceed One Hundred Thousand Dollars ($100,000.00).
F. The state or a political subdivision may petition the court
that all parties and actions arising out of a single accident or
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occurrence shall be joined as provided by law, and upon order of the
court the proceedings upon good cause shown shall be continued for a
reasonable time or until such joinder has been completed. The state
or political subdivision shall be allowed to interplead in any
action which may impose on it any duty or liability pursuant to The
Governmental Tort Claims Act.
G. The liability of the state or political subdivision under
The Governmental Tort Claims Act shall be several from that of any
other person or entity, and the state or political subdivision shall
only be liable for that percentage of total damages that corresponds
to its percentage of total negligence. Nothing in this section
shall be construed as increasing the liability limits imposed on the
state or political subdivision under The Governmental Tort Claims
Act.
SECTION 2. This act shall become effective November 1, 2026.
60-2-15251 GRS 01/09/26