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An Act
ENROLLED HOUSE
BILL NO. 3996 By: Worthen and Caldwell (Trey)
of the House
and
Howard of the Senate
An Act relating to capital cases; amending 22 O.S.
2021, Section 1089, as amended by Section 4, Chapter
144, O.S.L. 2022 (22 O.S. Supp. 2025, Section 1089),
which relates to post-conviction relief for death
penalty conviction; requiring Oklahoma Indigent
Defense System to enter into contracts and provide
payment to certain experts; updating statutory
reference; and providing an effective date.
SUBJECT: Capital cases
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1089, as
amended by Section 4, Chapter 144, O.S.L. 2022 (22 O.S. Supp. 2025,
Section 1089), is amended to read as follows:
Section 1089. A. The application for post-conviction relief of
a defendant who is under the sentence of death in one or more counts
and whose death sentence has been affirmed or is being reviewed by
the Court of Criminal Appeals in accordance with the provisions of
Section 701.13 of Title 21 of the Oklahoma Statutes shall be
expedited as provided in this section. The provisions of this
section also apply to noncapital sentences in a case in which the
defendant has received one or more sentences of death.
B. The Oklahoma Indigent Defense System shall represent all
indigent defendants in capital cases seeking post-conviction relief
upon appointment by the appropriate district court after a hearing
determining the indigency of any such defendant. The System shall
contract with, and provide for reasonable payment of, experts as
necessary to provide effective representation. When the Oklahoma
ENR. H. B. NO. 3996 Page 2
Indigent Defense System or another attorney has been appointed to
represent an indigent defendant in an application for post-
conviction relief, the Clerk of the Court of Criminal Appeals shall
include in its notice to the district court clerk, as required by
Section 1054 of this title, that an additional certified copy of the
appeal record is to be transmitted to the Oklahoma Indigent Defense
System or the other attorney.
C. The only issues that may be raised in an application for
post-conviction relief are those that:
1. Were not and could not have been raised in a direct appeal;
and
2. Support a conclusion either that the outcome of the trial
would have been different but for the errors or that the defendant
is factually innocent.
The applicant shall state in the application specific facts
explaining as to each claim why it was not or could not have been
raised in a direct appeal and how it supports a conclusion that the
outcome of the trial would have been different but for the errors or
that the defendant is factually innocent.
D. 1. The application for post-conviction relief shall be
filed in the Court of Criminal Appeals within ninety (90) days from
the date the appellee's brief on direct appeal is filed or, if a
reply brief is filed, ninety (90) days from the filing of that reply
brief with the Court of Criminal Appeals on the direct appeal.
Where the appellant's original brief on direct appeal has been filed
prior to November 1, 1995, and no application for post-conviction
relief has been filed, any application for post-conviction relief
must be filed in the Court of Criminal Appeals within one hundred
eighty (180) days of November 1, 1995. The Court of Criminal
Appeals may issue orders establishing briefing schedules or enter
any other orders necessary to extend the time limits under this
section in cases where the original brief on direct appeal has been
filed prior to November 1, 1995.
2. All grounds for relief that were available to the applicant
before the last date on which an application could be timely filed
not included in a timely application shall be deemed waived.
No application may be amended or supplemented after the time
specified under this section. Any amended or supplemental
ENR. H. B. NO. 3996 Page 3
application filed after the time specified under this section shall
be treated by the Court of Criminal Appeals as a subsequent
application.
3. Subject to the specific limitations of this section, the
Court of Criminal Appeals may issue any orders as to discovery or
any other orders necessary to facilitate post-conviction review.
4. a. The Court of Criminal Appeals shall review the
application to determine:
(1) whether controverted, previously unresolved
factual issues material to the legality of the
applicant's confinement exist,
(2) whether the applicant's grounds were or could
have been previously raised, and
(3) whether relief may be granted under the Post-
Conviction Procedure Act.
b. For purposes of this subsection, a ground could not
have been previously raised if:
(1) it is a claim of ineffective assistance of trial
counsel involving a factual basis that was not
ascertainable through the exercise of reasonable
diligence on or before the time of the direct
appeal, or
(2) it is a claim contained in an original timely
application for post-conviction relief relating
to ineffective assistance of appellate counsel.
All claims of ineffective assistance of counsel shall be governed by
clearly established law as determined by the United States Supreme
Court.
If the Court of Criminal Appeals determines that controverted,
previously unresolved factual issues material to the legality of the
applicant's confinement do not exist, or that the claims were or
could have been previously raised, or that relief may not be granted
under the Post-Conviction Procedure Act and enters an order to that
effect, the Court shall make findings of fact and conclusions of law
or may order the parties to file proposed findings of fact and
ENR. H. B. NO. 3996 Page 4
conclusions of law for the Court to consider on or before a date set
by the Court that is not later than thirty (30) days after the date
the order is issued. The Court of Criminal Appeals shall make
appropriate written findings of fact and conclusions of law not
later than fifteen (15) days after the date the parties filed
proposed findings.
5. If the Court of Criminal Appeals determines that
controverted, previously unresolved factual issues material to the
legality of the applicant's confinement do exist, and that the
application meets the other requirements of paragraph 4 of this
subsection, the Court shall enter an order to the district court
that imposed the sentence designating the issues of fact to be
resolved and the method by which the issues shall be resolved.
The district court shall not permit any amendments or
supplements to the issues remanded by the Court of Criminal Appeals
except upon motion to and order of the Court of Criminal Appeals
subject to the limitations of this section.
The Court of Criminal Appeals shall retain jurisdiction of all
cases remanded pursuant to the Post-Conviction Procedure Act.
6. The district attorney's office shall have twenty (20) days
after the issues are remanded to the district court within which to
file a response. The district court may grant one extension of
twenty (20) days for good cause shown and may issue any orders
necessary to facilitate post-conviction review pursuant to the
remand order of the Court of Criminal Appeals. Any applications for
extension beyond the twenty (20) days shall be presented to the
Court of Criminal Appeals. If the district court determines that an
evidentiary hearing should be held, that hearing shall be held
within thirty (30) days from the date that the state filed its
response. The district court shall file its decision together with
findings of fact and conclusions of law with the Court of Criminal
Appeals within forty-five (45) days from the date that the state
filed its response or within forty-five (45) days from the date of
the conclusion of the evidentiary hearing.
7. Either party may seek review by the Court of Criminal
Appeals of the district court's determination of the issues remanded
by the Court of Criminal Appeals within ten (10) days from the entry
of judgment. Such party shall file a notice of intent to seek
review and a designation of record in the district court within ten
(10) days from the entry of judgment. A copy of the notice of
ENR. H. B. NO. 3996 Page 5
intent to seek review and the designation of the record shall be
served on the court reporter, the petitioner, the district attorney,
and the Attorney General, and shall be filed with the Court of
Criminal Appeals. A petition in error shall be filed with the Court
of Criminal Appeals by the party seeking review within thirty (30)
days from the entry of judgment. If an evidentiary hearing was
held, the court reporter shall prepare and file all transcripts
necessary for the appeal within sixty (60) days from the date the
notice and designation of record are filed. The petitioner's brief-
in-chief shall be filed within forty-five (45) days from the date
the transcript is filed in the Court of Criminal Appeals or, if no
evidentiary hearing was held, within forty-five (45) days from the
date of the filing of the notice. The respondent shall have twenty
(20) days thereafter to file a response brief. The district court
clerk shall file the records on appeal with the Court of Criminal
Appeals on or before the date the petitioner's brief-in-chief is
due. The Court of Criminal Appeals shall issue an opinion in the
case within one hundred twenty (120) days of the filing of the
response brief or at the time the direct appeal is decided. If no
review is sought within the time specified in this section, the
Court of Criminal Appeals may adopt the findings of the district
court and enter an order within fifteen (15) days of the time
specified for seeking review or may order additional briefing by the
parties. In no event shall the Court of Criminal Appeals grant
post-conviction relief before giving the state an opportunity to
respond to any and all claims raised to the Court.
8. If an original application for post-conviction relief is
untimely or if a subsequent application for post-conviction relief
is filed after filing an original application, the Court of Criminal
Appeals may not consider the merits of or grant relief based on the
untimely original application, or a subsequent application, unless:
a. the application contains claims and issues that have
not been and could not have been presented previously
in a timely original application or in a previously
considered application filed under this section,
because the legal basis for the claim was unavailable,
or
b. (1) the application contains sufficient specific
facts establishing that the current claims and
issues have not and could not have been presented
previously in a timely original application or in
a previously considered application filed under
ENR. H. B. NO. 3996 Page 6
this section, because the factual basis for the
claim was unavailable as it was not ascertainable
through the exercise of reasonable diligence on
or before that date, and
(2) the facts underlying the claim, if proven and
viewed in light of the evidence as a whole, would
be sufficient to establish by clear and
convincing evidence that, but for the alleged
error, no reasonable fact finder would have found
the applicant guilty of the underlying offense or
would have rendered the penalty of death.
The provisions of this paragraph shall apply irrespective of the
nature of the claims raised in the application and shall include
jurisdictional claims. The provisions of this paragraph shall also
apply to any post-conviction application filed on or after the
effective date of this act November 1, 1987.
9. For purposes of the Post-Conviction Procedure Act, a legal
basis of a claim is unavailable on or before a date described by
this subsection if the legal basis:
a. was not recognized by or could not have been
reasonably formulated from a final decision of the
United States Supreme Court, a court of appeals of the
United States, or a court of appellate jurisdiction of
this state on or before that date, or
b. is a new rule of constitutional law that was given
retroactive effect by the United States Supreme Court
or a court of appellate jurisdiction of this state and
had not been announced on or before that date.
E. All matters not specifically governed by the provisions of
this section shall be subject to the provisions of the Post-
Conviction Procedure Act. If the provisions of this section
conflict with the provisions of the Post-Conviction Procedure Act,
the provisions of this section shall govern.
SECTION 2. This act shall become effective November 1, 2026.
ENR. H. B. NO. 3996 Page 7
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 22nd day of April, 2026.
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: _________________________________