Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1763 By: Jett
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6 AS INTRODUCED
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7 An Act relating to sentencing; defining terms;
7 stating certain liability; authorizing civil action;
8 creating felony offense; providing penalties;
8 providing exceptions; stating time frame for which
9 certain action shall be taken; providing for
9 codification; and declaring an emergency.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. NEW LAW A new section of law to be codified
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14 in the Oklahoma Statutes as Section 983c of Title 22, unless there
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15 is created a duplication in numbering, reads as follows:
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16 A. As used in this section:
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17 1. "Gross negligence" means a reckless disregard for the public
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18 safety and the likelihood of recidivism, as established by clear and
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19 convincing evidence;
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20 2. "Heinous subsequent crime" means any offense classified as a
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21 felony involving murder, manslaughter, rape, sexual assault,
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22 aggravated assault, robbery with a dangerous weapon, child abuse, or
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23 any crime resulting in serious bodily injury or death;
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Req. No. 2516 Page 1
1 3. "Judge" means any duly elected or appointed judge of a court
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2 of record in this state exercising criminal jurisdiction;
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3 4. "Light sentence" means a sentence of probation, suspended
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4 sentence, deferred sentence, or incarceration significantly below
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5 the midpoint of the statutory sentencing range for the offense, as
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6 determined by a court of competent jurisdiction in a subsequent
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7 proceeding;
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8 5. "Prosecuting attorney" means any district attorney,
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9 assistant district attorney, or other attorney authorized to
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10 prosecute criminal cases on behalf of the State of Oklahoma or any
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11 political subdivision thereof;
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12 6. "Unreasonably low bail" means the setting of bail in an
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13 amount substantially below what is reasonably necessary to ensure
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14 the defendant's appearance at trial and to protect public safety,
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15 considering the nature and circumstances of the offense, the weight
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16 of the evidence, the defendant's criminal history, and other
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17 relevant factors, as determined by a court of competent jurisdiction
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18 in a subsequent proceeding; and
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19 7. "Refusal to prosecute" means the knowing and willful
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20 decision by a prosecuting attorney not to file charges or to dismiss
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21 charges against an individual for a felony offense where probable
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22 cause exists.
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23 B. Notwithstanding any provision of law providing for judicial
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24 or prosecutorial immunity:
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Req. No. 2516 Page 2
1 1. A judge who imposes a light sentence or sets unreasonably
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2 low bail, or a prosecuting attorney who engages in refusal to
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3 prosecute a felony offense, may be held personally liable in a civil
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4 action for damages proximately caused if the individual subsequently
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5 commits a heinous subsequent crime within five (5) years of the
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6 sentencing, bail setting, or refusal to prosecute, and it is proven
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7 by clear and convincing evidence that the light sentence,
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8 unreasonably low bail, or refusal to prosecute constituted gross
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9 negligence;
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10 2. In any such civil action brought by or on behalf of a victim
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11 of the heinous subsequent crime or the victim's family, qualified
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12 immunity shall not apply, and the judge or prosecuting attorney may
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13 be sued individually for compensatory damages, punitive damages, and
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14 restitution to the victim or the victim's family for economic and
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15 noneconomic losses proximately caused by the heinous subsequent
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16 crime; and
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17 3. If the gross negligence is proven beyond a reasonable doubt
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18 in a criminal proceeding initiated by the Attorney General, the
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19 judge or prosecuting attorney shall be guilty of a felony,
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20 punishable upon conviction by imprisonment in the custody of the
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21 Department of Corrections for a term equal to not less than one-half
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22 (1/2) the minimum sentence that could have been imposed on the
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23 original offender, or by a fine not exceeding One Hundred Thousand
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24 Dollars ($100,000.00), or by both such imprisonment and fine. The
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Req. No. 2516 Page 3
1 Attorney General shall have exclusive authority to investigate and
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2 prosecute violations under this paragraph.
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3 C. This section shall not apply to:
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4 1. Decisions made in good faith based on credible evidence of
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5 rehabilitation or insufficient proof; or
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6 2. Mandatory minimum sentences or cases where the sentence or
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7 bail was mandated by law.
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8 D. Any action under this section must be commenced within three
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9 (3) years after the commission of the heinous subsequent crime.
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10 SECTION 2. It being immediately necessary for the preservation
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11 of the public peace, health or safety, an emergency is hereby
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12 declared to exist, by reason whereof this act shall take effect and
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13 be in full force from and after its passage and approval.
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Req. No. 2516 Page 4Every fact on this page links to its source, starting with the official bill record.