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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1911 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. 2025, Section 2-5-205), which relates to
9 certification as a youthful offender; prohibiting
9 certification as a youthful offender for persons
10 charged with certain sex offenses; updating statutory
10 references; updating statutory language; providing an
11 effective date; and declaring an emergency.
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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. 2025,
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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 Oklahoma Juvenile Code for
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4 certification as a juvenile. The person shall have all the
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5 statutory rights and protections of an adult accused of a crime.
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6 All proceedings shall be as for a criminal action and the provisions
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7 of Title 22 of the Oklahoma Statutes shall apply. A person having
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8 been convicted as an adult pursuant to this paragraph subsection
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9 shall be tried as an adult for 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. 8. Lewd acts or proposals to a child under sixteen (16)
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22 years of age or any offense in violation of subsection A of Section
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23 1123 of Title 21 of the Oklahoma Statutes;
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24 10. 9. Domestic abuse by strangulation;
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1 11. 10. Arson in the first degree or attempt thereof; or
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2 12. 11. Any offense in violation of Section 652 of Title 21 of
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3 the Oklahoma Statutes,
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4 shall be held accountable for such acts as a youthful offender;
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5 provided, the person may be certified as a juvenile or as an adult
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6 as provided by the provisions of the Youthful Offender Act.
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7 D. At the sole discretion of the district attorney, any Any
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8 person fifteen (15), sixteen (16), or seventeen (17) years of age
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9 who is charged with rape in the first or second degree or attempt
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10 thereof may, or rape by instrumentation or attempt thereof, shall be
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11 held accountable for his or her act as if the person was an adult or
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12 as a youthful offender. When charged as an adult, the person shall
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13 have all the statutory rights and protections of an adult accused of
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14 a crime. All proceedings shall be as for a criminal action and the
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15 provisions of Title 22 of the Oklahoma Statutes shall apply. A
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16 person having been convicted as an adult pursuant to this subsection
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17 shall be tried as an adult for every subsequent offense. When
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18 charged as a youthful offender, the person shall be held accountable
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19 for such acts as a youthful offender; provided, the person may be
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20 certified as a juvenile or as an adult as provided by the Youthful
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21 Offender Act.
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22 E. Any person sixteen (16) or seventeen (17) years of age who
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23 is charged with:
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1 1. Burglary in the first degree or attempted burglary in the
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2 first degree;
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3 2. Battery or assault and battery on a state employee or
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4 contractor while in the custody or supervision of the Office of
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5 Juvenile Affairs;
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6 3. Aggravated assault and battery of a police officer;
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7 4. Intimidating a witness;
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8 5. Trafficking in or manufacturing illegal drugs;
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9 6. Assault and battery with a deadly weapon;
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10 7. Maiming;
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11 8. Residential burglary in the second degree after two or more
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12 adjudications that are separated in time for delinquency for
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13 committing burglary in the first degree or residential burglary in
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14 the second degree; or
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15 9. Rape in the second degree; or
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16 10. Use of a firearm while in commission of a felony,
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17 may be held accountable for such acts as a youthful offender;
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18 provided, the person may be certified as a juvenile or as an adult
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19 as provided by the Youthful Offender Act.
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20 F. 1. For any charges listed in Sections subsection A, C, D,
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21 or E of this section, the district attorney may elect to file a
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22 petition alleging the person to be delinquent or may file an
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23 information charging the person as a youthful offender. The
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1 district attorney shall immediately notify the Office of Juvenile
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2 Affairs upon the filing of any youthful offender charges.
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3 2. After an information has been filed charging a person as a
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4 youthful offender under Sections subsection A, C, D, or E of this
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5 section, or as an adult under subsection B of this section, the
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6 district attorney may elect to amend or dismiss the information and
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7 refile any or all charges in a delinquent petition.
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8 3. Upon the filing of an information, the person's complete
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9 juvenile record shall be made available to the district attorney and
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10 the person's attorney.
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11 G. 1. Upon the filing of an information against a person, a
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12 warrant shall be issued which shall set forth the rights of the
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13 accused, and the rights of the parents, guardian, or next friend of
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14 the accused to be present at the preliminary hearing and to have an
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15 attorney.
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16 2. The warrant shall be personally served together with a
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17 certified copy of the information on the accused and on a custodial
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18 parent, guardian, or next friend of the accused. The court may
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19 inquire of the accused as to the whereabouts of his or her parents,
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20 guardian, or next friend in order to avoid unnecessary delay in the
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21 proceedings.
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22 3. When personal service of a custodial parent, guardian, or
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23 next friend of the accused cannot be completed, service may be made
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24 by certified mail to the person's last-known address, requesting a
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1 return receipt from the addressee only. If delivery is refused,
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2 notice may be given by mailing a copy of the accused's warrant
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3 information by regular first-class mail to the address where the
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4 person to be notified refused delivery of the notice sent by
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5 certified mail. Where the address of a custodial parent, guardian,
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6 or next friend is not known, or if the mailed copy of the accused's
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7 warrant and information is returned for any reason other than
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8 refusal of the addressee to accept delivery, after a thorough search
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9 of all reasonably available sources to ascertain the whereabouts of
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10 a custodial parent, guardian, or next friend has been conducted, the
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11 court may order that notice of the hearing be given by publication
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12 one time in a newspaper of general circulation in the county. The
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13 court may also order other means of service of notice that the court
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14 deems advisable or in the interests of justice.
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15 4. Before service by publication is ordered, the court shall
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16 conduct an inquiry to determine whether a thorough search has been
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17 made of all reasonably available sources to ascertain the
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18 whereabouts of any person for whom notice by publication is sought.
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19 5. The person is presumed to be a youthful offender, and the
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20 proceedings shall continue under such presumption unless the court
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21 grants the person's motion for certification as a juvenile pursuant
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22 to Section 6 of this act 2-5-206A of this title or grants the
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23 district attorney's motion for imposition of an adult sentence
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24 pursuant to Section 7 of this act 2-5-207A of this title.
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1 H. The court shall commence the preliminary hearing within
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2 ninety (90) days of the filing of the information, pursuant to
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3 Section 258 of Title 22 of the Oklahoma Statutes, to determine
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4 whether a crime was committed and if there is probable cause to
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5 believe the accused committed the crime. The requirement for the
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6 preliminary hearing to be held within ninety (90) days may be waived
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7 by the accused.
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8 1. For a person charged under subsection A or B of Section 2-5-
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9 205 of this title this section, if the preliminary hearing is not
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10 commenced within ninety (90) days of the filing date of the
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11 information, the district court shall hold a hearing to determine
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12 the reasons for delay utilizing the procedure set out in Section
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13 812.2 of Title 22 of the Oklahoma Statutes, to ensure the
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14 preliminary hearing is expedited, unless the ninety-day requirement
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15 has been waived by the accused.
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16 2. For a person charged under subsection C, D, or E of Section
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17 2-5-205 of this title this section, if the preliminary hearing is
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18 not commenced within ninety (90) days of the filing of the
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19 information, the district attorney shall be prohibited from seeking
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20 an adult sentence unless the ninety-day requirement has been waived
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21 by the accused.
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22 3. For an accused person charged under subsection A, B, C, D,
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23 or E of Section 2-5-205 of this title this section, if the
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24 whereabouts of the accused are unknown at the time of the filing of
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1 the information or if the accused is a fugitive, the State of
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2 Oklahoma this state shall make reasonable efforts to locate the
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3 accused in order to commence the proceedings. An accused who flees
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4 the jurisdiction of the court or purposely avoids apprehension for
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5 the charges, waives the right to have the preliminary hearing
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6 commenced within ninety (90) days of the filing of the information.
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7 If the preliminary hearing does not commence within ninety (90) days
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8 from the filing of the information due to the absence or inability
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9 to locate the accused, the preliminary hearing shall commence within
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10 ninety (90) days after the state has actual notice of the in-state
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11 location of the accused. If the accused is found out of state, the
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12 court shall set the hearing within ninety (90) days after the
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13 accused has been returned to the State of Oklahoma this state. An
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14 accused who fails to cooperate with providing information in
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15 locating his or her parent, guardian, or next friend for purposes of
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16 notice waives the right to have the preliminary hearing commence
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17 within ninety (90) days of the filing of the information.
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18 I. At the conclusion of the state's case at the preliminary
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19 hearing, if the accused has filed a motion for certification as a
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20 juvenile pursuant to subsection A of this section, or if the
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21 district attorney has filed a motion for the imposition of an adult
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22 sentence pursuant to Section 7 of this act 2-5-207A of this title,
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23 both the accused and the district attorney may offer evidence in
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24 support or in opposition of the pending motion or motions.
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1 J. The court shall rule on any properly filed motion for
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2 certification as a juvenile or motion for the imposition of an adult
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3 sentence before ruling on whether to bind the accused over for
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4 trial.
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5 SECTION 2. This act shall become effective July 1, 2026.
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6 SECTION 3. It being immediately necessary for the preservation
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7 of the public peace, health or safety, an emergency is hereby
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8 declared to exist, by reason whereof this act shall take effect and
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9 be in full force from and after its passage and approval.
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Req. No. 2414 Page 9Every fact on this page links to its source, starting with the official bill record.