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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1109 By: Murdock
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6 AS INTRODUCED
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7 An Act relating to the Youthful Offender Act;
7 amending 10A O.S. 2021, Section 2-5-205, as amended
8 by Section 5, Chapter 375, O.S.L. 2022 (10A O.S.
8 Supp. 2024, Section 2-5-205), which relates to
9 certification as youthful offender or juvenile;
9 adding offenses for which certain juveniles may
10 receive an adult sentence; updating statutory
10 references; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 10A O.S. 2021, Section 2-5-205, as
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15 amended by Section 5, Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2024,
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16 Section 2-5-205), is amended to read as follows:
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17 Section 2-5-205. A. Any person thirteen (13) or fourteen (14)
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18 years of age who is charged with murder in the first degree shall be
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19 held accountable for the act as if the person were an adult;
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20 provided, the person may be certified as a youthful offender or a
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21 juvenile as provided by this section, unless the person is subject
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22 to the provisions of subsection H of Section 2-5-204 of this title.
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23 B. Any person fifteen (15), sixteen (16) or seventeen (17)
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24 years of age who is charged with murder in the first degree shall be
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1 held accountable for his or her act as if the person was an adult
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2 and shall not be subject to the provisions of the Youthful Offender
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3 Act or the provisions of the Juvenile Code for certification as a
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4 juvenile. The person shall have all the statutory rights and
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5 protections of an adult accused of a crime. All proceedings shall
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6 be as for a criminal action and the provisions of Title 22 of the
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7 Oklahoma Statutes shall apply. A person having been convicted as an
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8 adult pursuant to this paragraph shall be tried as an adult for
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9 every subsequent offense.
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10 C. Any person fifteen (15), sixteen (16) or seventeen (17)
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11 years of age who is charged with:
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12 1. Murder in the second degree;
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13 2. Kidnapping or attempt thereof;
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14 3. Manslaughter in the first degree;
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15 4. Robbery with a dangerous weapon or a firearm or attempt
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16 thereof;
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17 5. Robbery in the first degree or attempt thereof;
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18 6. Robbery committed by two or more persons;
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19 7. Rape by instrumentation or attempt thereof;
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20 8. Forcible sodomy;
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21 9. Lewd acts or proposals to a child under sixteen (16) years
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22 of age or any offense in violation of subsection A of Section 1123
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23 of Title 21 of the Oklahoma Statutes;
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24 10. Domestic abuse by strangulation;
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1 11. Arson in the first degree or attempt thereof; or
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2 12. Any offense in violation of Section 652 of Title 21 of the
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3 Oklahoma Statutes;
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4 13. Any offense in violation of Section 1289.17A of Title 21 of
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5 the Oklahoma Statutes; or
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6 14. Any offense in violation of subsection A or C of Section
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7 1378 of Title 21 of the Oklahoma Statutes,
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8 shall be held accountable for such acts as a youthful offender;
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9 provided, the person may be certified as a juvenile or as an adult
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10 as provided by the provisions of the Youthful Offender Act.
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11 D. At the sole discretion of the district attorney, any person
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12 fifteen (15), sixteen (16) or seventeen (17) years of age who is
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13 charged with rape in the first degree or attempt thereof may be held
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14 accountable for his or her act as if the person was an adult or as a
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15 youthful offender. When charged as an adult, the person shall have
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16 all the statutory rights and protections of an adult accused of a
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17 crime. All proceedings shall be as for a criminal action and the
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18 provisions of Title 22 of the Oklahoma Statutes shall apply. A
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19 person having been convicted as an adult pursuant to this subsection
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20 shall be tried as an adult for every subsequent offense. When
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21 charged as a youthful offender, the person shall be held accountable
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22 for such acts as a youthful offender; provided, the person may be
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23 certified as a juvenile or as an adult as provided by the Youthful
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24 Offender Act.
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1 E. Any person sixteen (16) or seventeen (17) years of age who
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2 is charged with:
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3 1. Burglary in the first degree or attempted burglary in the
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4 first degree;
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5 2. Battery or assault and battery on a state employee or
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6 contractor while in the custody or supervision of the Office of
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7 Juvenile Affairs;
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8 3. Aggravated assault and battery of a police officer;
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9 4. Intimidating a witness;
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10 5. Trafficking in or manufacturing illegal drugs;
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11 6. Assault and battery with a deadly weapon;
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12 7. Maiming;
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13 8. Residential burglary in the second degree after two or more
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14 adjudications that are separated in time for delinquency for
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15 committing burglary in the first degree or residential burglary in
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16 the second degree;
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17 9. Rape in the second degree; or
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18 10. Use of a firearm while in commission of a felony,
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19 may be held accountable for such acts as a youthful offender;
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20 provided, the person may be certified as a juvenile or as an adult
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21 as provided by the Youthful Offender Act.
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22 F. 1. For any charges listed in Sections A, C, D, or E of this
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23 section, the district attorney may elect to file a petition alleging
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24 the person to be delinquent or may file an information charging the
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1 person as a youthful offender. The district attorney shall
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2 immediately notify the Office of Juvenile Affairs upon the filing of
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3 any youthful offender charges.
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4 2. After an information has been filed charging a person as a
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5 youthful offender under Sections A, C, D, or E of this section, or
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6 as an adult under subsection B of this section, the district
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7 attorney may elect to amend or dismiss the information and refile
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8 any or all charges in a delinquent petition.
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9 3. Upon the filing of an information, the person's complete
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10 juvenile record shall be made available to the district attorney and
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11 the person's attorney.
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12 G. 1. Upon the filing of an information against a person, a
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13 warrant shall be issued which shall set forth the rights of the
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14 accused, and the rights of the parents, guardian, or next friend of
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15 the accused to be present at the preliminary hearing and to have an
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16 attorney.
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17 2. The warrant shall be personally served together with a
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18 certified copy of the information on the accused and on a custodial
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19 parent, guardian, or next friend of the accused. The court may
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20 inquire of the accused as to the whereabouts of his or her parents,
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21 guardian, or next friend in order to avoid unnecessary delay in the
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22 proceedings.
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23 3. When personal service of a custodial parent, guardian, or
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24 next friend of the accused cannot be completed, service may be made
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1 by certified mail to the person's last-known address, requesting a
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2 return receipt from the addressee only. If delivery is refused,
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3 notice may be given by mailing a copy of the accused's warrant
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4 information by regular first-class mail to the address where the
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5 person to be notified refused delivery of the notice sent by
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6 certified mail. Where the address of a custodial parent, guardian
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7 or next friend is not known, or if the mailed copy of the accused's
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8 warrant and information is returned for any reason other than
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9 refusal of the addressee to accept delivery, after a thorough search
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10 of all reasonably available sources to ascertain the whereabouts of
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11 a custodial parent, guardian, or next friend has been conducted, the
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12 court may order that notice of the hearing be given by publication
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13 one time in a newspaper of general circulation in the county. The
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14 court may also order other means of service of notice that the court
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15 deems advisable or in the interests of justice.
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16 4. Before service by publication is ordered, the court shall
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17 conduct an inquiry to determine whether a thorough search has been
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18 made of all reasonably available sources to ascertain the
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19 whereabouts of any person for whom notice by publication is sought.
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20 5. The person is presumed to be a youthful offender, and the
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21 proceedings shall continue under such presumption unless the court
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22 grants the person's motion for certification as a juvenile pursuant
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23 to Section 6 2-5-206A of this act title or grants the district
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1 attorney's motion for imposition of an adult sentence pursuant to
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2 Section 7 2-5-207A of this act title.
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3 H. The court shall commence the preliminary hearing within
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4 ninety (90) days of the filing of the information, pursuant to
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5 Section 258 of Title 22 of the Oklahoma Statutes, to determine
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6 whether a crime was committed and if there is probable cause to
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7 believe the accused committed the crime. The requirement for the
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8 preliminary hearing to be held within ninety (90) days may be waived
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9 by the accused.
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10 1. For a person charged under subsection A or B of Section 2-5-
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11 205 of this title, if the preliminary hearing is not commenced
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12 within ninety (90) days of the filing date of the information, the
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13 district court shall hold a hearing to determine the reasons for
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14 delay utilizing the procedure set out in Section 812.2 of Title 22
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15 of the Oklahoma Statutes, to ensure the preliminary hearing is
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16 expedited, unless the ninety-day requirement has been waived by the
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17 accused.
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18 2. For a person charged under subsection C, D, or E of Section
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19 2-5-205 of this title, if the preliminary hearing is not commenced
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20 within ninety (90) days of the filing of the information, the
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21 district attorney shall be prohibited from seeking an adult sentence
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22 unless the ninety-day requirement has been waived by the accused.
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23 3. For an accused person charged under subsection A, B, C, D,
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24 or E of Section 2-5-205 of this title, if the whereabouts of the
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1 accused are unknown at the time of the filing of the information or
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2 if the accused is a fugitive, the State of Oklahoma shall make
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3 reasonable efforts to locate the accused in order to commence the
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4 proceedings. An accused who flees the jurisdiction of the court or
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5 purposely avoids apprehension for the charges, waives the right to
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6 have the preliminary hearing commenced within ninety (90) days of
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7 the filing of the information. If the preliminary hearing does not
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8 commence within ninety (90) days from the filing of the information
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9 due to the absence or inability to locate the accused, the
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10 preliminary hearing shall commence within ninety (90) days after the
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11 state has actual notice of the in-state location of the accused. If
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12 the accused is found out of state, the court shall set the hearing
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13 within ninety (90) days after the accused has been returned to the
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14 State of Oklahoma. An accused who fails to cooperate with providing
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15 information in locating his or her parent, guardian, or next friend
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16 for purposes of notice waives the right to have the preliminary
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17 hearing commence within ninety (90) days of the filing of the
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18 information.
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19 I. At the conclusion of the state's case at the preliminary
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20 hearing, if the accused has filed a motion for certification as a
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21 juvenile pursuant to subsection A of this section, or if the
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22 district attorney has filed a motion for the imposition of an adult
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23 sentence pursuant to Section 7 2-5-207A of this act title, both the
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1 accused and the district attorney may offer evidence in support or
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2 in opposition of the pending motion or motions.
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3 J. The court shall rule on any properly filed motion for
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4 certification as a juvenile or motion for the imposition of an adult
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5 sentence before ruling on whether to bind the accused over for
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6 trial.
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7 SECTION 2. This act shall become effective November 1, 2025.
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9 60-1-333 TEK 1/16/2025 3:42:09 PM
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Req. No. 333 Page 9Every fact on this page links to its source, starting with the official bill record.