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An Act
ENROLLED HOUSE
BILL NO. 4324 By: Moore and McCane of the
House
and
Gollihare of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 982a, which relates to judicial
review of sentences; authorizing district attorneys
to adjust sentences; providing restrictions on
adjustments; directing the district attorney to seek
input from victims or representatives of victims;
providing notification requirement; authorizing
courts to consider certain postconviction factors;
providing credit for time served; prohibiting
sentence adjustments by district attorneys for
certain persons; and providing an effective date.
SUBJECT: Criminal procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 982a, is
amended to read as follows:
Section 982a. A. 1. Any time within sixty (60) months after
the initial sentence is imposed or within sixty (60) months after
probation has been revoked, the court imposing sentence or
revocation of probation may modify such sentence or revocation by
directing that another sentence be imposed, if the court is
satisfied that the best interests of the public will not be
jeopardized; provided, however, the court shall not impose a
deferred sentence. Any application for sentence modification that
is filed and ruled upon beyond twelve (12) months of the initial
sentence being imposed must be approved by the district attorney who
shall provide written notice to any victims in the case which is
being considered for modification.
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2. The court imposing sentence may modify the sentence of any
offender who was originally sentenced for a drug charge and ordered
to complete the Drug Offender Work Camp at the Bill Johnson
Correctional Facility and direct that another sentence be imposed,
if the court is satisfied that the best interests of the public will
not be jeopardized; provided, however, the court shall not impose a
deferred sentence. An application for sentence modification
pursuant to this paragraph may be filed and ruled upon beyond the
initial sixty-month time period provided for in paragraph 1 of this
subsection.
3. This section shall not apply to convicted felons who have
been in confinement in any state or federal prison system for any
previous felony conviction during the ten-year period preceding the
date that the sentence this section applies to was imposed.
Further, without the consent of the district attorney, this section
shall not apply to sentences imposed pursuant to a plea agreement or
jury verdict.
B. The court imposing the sentence may modify the sentence of
any offender sentenced to life without parole for an offense other
than a violent crime, as enumerated in Section 571 of Title 57 of
the Oklahoma Statutes, who has served at least ten (10) years of the
sentence in the custody of the Department of Corrections upon a
finding that the best interests of the public will not be
jeopardized. Provided;, however, prior to granting a sentence
modification under the provisions of this subsection, the court
shall provide notice of the hearing to determine sentence
modification to the victim or representative of the victim and shall
allow the victim or representative of the victim the opportunity to
provide testimony at the hearing. The court shall consider the
testimony of the victim or representative of the victim when
rendering a decision to modify the sentence of an offender.
C. The district attorney responsible for the prosecution of an
individual convicted of a crime may commence a proceeding to adjust
the sentence of that individual at any time after the initial
sentencing; provided, the district attorney does not seek to
increase the period of confinement or, if the individual is serving
a suspended sentence, increase the period of supervision.
1. Prior to filing a motion under the provisions of this
subsection, the district attorney shall make a reasonable and good-
faith effort to seek input from the victim or representative of the
ENR. H. B. NO. 4324 Page 3
victim and shall consider the effect that an adjusted sentence would
have on the victim or representative of the victim. In compliance
with the provisions of Section 34 of Article II of the Oklahoma
Constitution, the district attorney shall also make a good-faith and
reasonable effort to notify the victim or representative of the
victim of the motion for resentencing, the date of the resentencing
hearing, and the right of the victim or representative of the victim
to be present at the hearing and to submit a statement.
2. At the hearing on the motion of the district attorney, the
court may consider postconviction factors including, but not limited
to:
a. the disciplinary record of the inmate and record of
rehabilitation of the inmate while incarcerated,
b. evidence that reflects whether age, time served, or
diminished physical condition have reduced the risk
for future violence by the inmate, and
c. evidence that circumstances have changed since the
original sentencing of the inmate so that the
continued incarceration of the inmate is no longer in
the best interests of justice.
3. Credit shall be given to the inmate for any time served with
the Department of Corrections on the charges before the court.
4. The provisions of this section shall not apply to any
sentence imposed pursuant to a jury verdict, sentence of death,
sentence of life without the possibility of parole, or any offense
which results in the defendant being required to register as a sex
offender pursuant to the Sex Offenders Registration Act.
D. For purposes of judicial review, upon court order or written
request from the sentencing judge, the Department of Corrections
shall provide the court imposing sentence or revocation of probation
with a report to include a summary of the assessed needs of the
offender, any progress made by the offender in addressing his or her
assessed needs, and any other information the Department can supply
on the offender. The court shall consider such reports when
modifying the sentence or revocation of probation. The court shall
allow the Department of Corrections at least twenty (20) days after
receipt of a request or order from the court to prepare the required
reports.
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D. E. If the court considers modification of the sentence or
revocation of probation, a hearing shall be made in open court after
receipt of the reports required in subsection C D of this section.
The clerk of the court imposing sentence or revocation of probation
shall give notice of the judicial review hearing to the Department
of Corrections, the offender, the legal counsel of the offender, and
the district attorney of the county in which the offender was
convicted upon receipt of the reports. Such notice shall be mailed
at least twenty-one (21) days prior to the hearing date and shall
include a copy of the report and any other written information to be
considered at the judicial review hearing.
E. F. If an appeal is taken from the original sentence or from
a revocation of probation which results in a modification of the
sentence or modification to the revocation of probation of the
offender, such sentence may be further modified in the manner
described in paragraph 1 of subsection A of this section within
sixty (60) months after the receipt by the clerk of the district
court of the mandate from the Supreme Court or the Court of Criminal
Appeals.
SECTION 2. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th 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: _________________________________