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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1763 By: Jett
AS INTRODUCED
An Act relating to sentencing; defining terms;
stating certain liability; authorizing civil action;
creating felony offense; providing penalties;
providing exceptions; stating time frame for which
certain action shall be taken; providing for
codification; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 983c of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Gross negligence” means a reckless disregard for the public
safety and the likelihood of recidivism, as established by clear and
convincing evidence;
2. “Heinous subsequent crime” means any offense classified as a
felony involving murder, manslaughter, rape, sexual assault,
aggravated assault, robbery with a dangerous weapon, child abuse, or
any crime resulting in serious bodily injury or death;
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3. “Judge” means any duly elected or appointed judge of a court
of record in this state exercising criminal jurisdiction;
4. “Light sentence” means a sentence of probation, suspended
sentence, deferred sentence, or incarceration significantly below
the midpoint of the statutory sentencing range for the offense, as
determined by a court of competent jurisdiction in a subsequent
proceeding;
5. “Prosecuting attorney” means any district attorney,
assistant district attorney, or other attorney authorized to
prosecute criminal cases on behalf of the State of Oklahoma or any
political subdivision thereof;
6. “Unreasonably low bail” means the setting of bail in an
amount substantially below what is reasonably necessary to ensure
the defendant’s appearance at trial and to protect public safety,
considering the nature and circumstances of the offense, the weight
of the evidence, the defendant’s criminal history, and other
relevant factors, as determined by a court of competent jurisdiction
in a subsequent proceeding; and
7. “Refusal to prosecute” means the knowing and willful
decision by a prosecuting attorney not to file charges or to dismiss
charges against an individual for a felony offense where probable
cause exists.
B. Notwithstanding any provision of law providing for judicial
or prosecutorial immunity:
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1. A judge who imposes a light sentence or sets unreasonably
low bail, or a prosecuting attorney who engages in refusal to
prosecute a felony offense, may be held personally liable in a civil
action for damages proximately caused if the individual subsequently
commits a heinous subsequent crime within five (5) years of the
sentencing, bail setting, or refusal to prosecute, and it is proven
by clear and convincing evidence that the light sentence,
unreasonably low bail, or refusal to prosecute constituted gross
negligence;
2. In any such civil action brought by or on behalf of a victim
of the heinous subsequent crime or the victim’s family, qualified
immunity shall not apply, and the judge or prosecuting attorney may
be sued individually for compensatory damages, punitive damages, and
restitution to the victim or the victim’s family for economic and
noneconomic losses proximately caused by the heinous subsequent
crime; and
3. If the gross negligence is proven beyond a reasonable doubt
in a criminal proceeding initiated by the Attorney General, the
judge or prosecuting attorney shall be guilty of a felony,
punishable upon conviction by imprisonment in the custody of the
Department of Corrections for a term equal to not less than one-half
(1/2) the minimum sentence that could have been imposed on the
original offender, or by a fine not exceeding One Hundred Thousand
Dollars ($100,000.00), or by both such imprisonment and fine. The
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Attorney General shall have exclusive authority to investigate and
prosecute violations under this paragraph.
C. This section shall not apply to:
1. Decisions made in good faith based on credible evidence of
rehabilitation or insufficient proof; or
2. Mandatory minimum sentences or cases where the sentence or
bail was mandated by law.
D. Any action under this section must be commenced within three
(3) years after the commission of the heinous subsequent crime.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-2516 CN 1/14/2026 3:16:07 PM