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 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 606 By: Stewart
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6 AS INTRODUCED
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7 An Act relating to office of public defender;
7 amending 19 O.S. 2021, Sections 138.1a, 138.4, and
8 138.9, which relate to creation of office and
8 compensation; increasing certain population
9 requirements; updating statutory language; and
9 providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 19 O.S. 2021, Section 138.1a, is
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14 amended to read as follows:
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15 Section 138.1a. A. In each county of this state possessing a
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16 population of over three hundred thousand (300,000) four hundred
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17 thousand (400,000) according to the latest Federal Decennial Census
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18 of 1990, or any succeeding Federal Decennial Census, there is hereby
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19 created the office of public defender, and such office shall be
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20 charged upon the order of any judge of a court of record of such
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21 county, with the protection of the rights of any defendant to a
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22 criminal action. The board of county commissioners of such county
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23 shall provide for necessary office supplies and equipment and
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24 arrange for sufficient office space in the county building, used by
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Req. No. 1143 Page 1
1 the courts of record of such county, to permit the efficient and
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2 effective operation of the office of public defender.
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3 B. Subject to available funding, the board of county
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4 commissioners, along with the office of the public defender, shall
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5 provide and coordinate training and continuing legal education for
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6 attorneys employed by the office of the public defender. Curriculum
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7 for training required under this section shall include, but not be
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8 limited to:
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9 1. Nationally recognized defense seminars; and
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10 2. Evidence-based practices regarding behavioral health and
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11 treatment of defendants with substance abuse or mental health needs.
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12 C. For purposes of liability under the Governmental Tort Claims
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13 Act, any public defender, assistant public defender or employee
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14 thereof, who is employed under this section shall be deemed a state
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15 employee.
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16 SECTION 2. AMENDATORY 19 O.S. 2021, Section 138.4, is
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17 amended to read as follows:
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18 Section 138.4. In counties subject to the provisions of Section
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19 138.1a et seq. of this title, wherein the district judges have
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20 determined, in accordance with Section 138.3 of this title that the
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21 protection of the unfortunate and poverty-stricken defendants
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22 subject to criminal action in such county require the employment of
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23 a county indigent defender on a full-time basis, such person so
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24 appointed shall not engage in any practice of law except in the
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Req. No. 1143 Page 2
1 performance of the duties as county indigent defender, and shall
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2 receive a salary commensurate with the salary received by the
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3 district attorney in said the district, payable monthly, from the
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4 court fund of such the county, provided such salaries shall not
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5 apply to counties with a population of less than three hundred
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6 thousand (300,000) population four hundred thousand (400,000)
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7 according to the latest Federal Decennial Census; provided that if
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8 additional assistance is required by the county indigent defender to
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9 properly fulfill the duties of the office, the indigent defender may
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10 authorize the employment of and appoint assistant defenders on a
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11 full-time or part-time basis, which assistants shall be under the
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12 same restrictions as to the practice of law as the county indigent
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13 defender of such county, and each shall receive a salary
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14 commensurate with the range of salaries of assistant district
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15 attorneys in their districts, payable monthly, out of the court fund
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16 of the county as determined by the county indigent defender.
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17 SECTION 3. AMENDATORY 19 O.S. 2021, Section 138.9, is
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18 amended to read as follows:
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19 Section 138.9. In those counties with a population in excess of
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20 three hundred thousand (300,000) under four hundred thousand
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21 (400,000) according to the latest Federal Decennial Census, the
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22 county indigent defenders, for those counties subject to the
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23 provisions of Section 138.1a of this title, shall perfect appeals
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24 for those defendants which they represented in the trial court
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1 unless an appellate conflict exists between two or more such
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2 defendants, in which case the county indigent defender shall
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3 represent one defendant, the Oklahoma Indigent Defense System shall
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4 represent one defendant, and the court may assign the appeal of the
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5 case for any other defendants in the same manner as provided for
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6 conflict at the trial level in Section 138.7 of this title. If an
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7 appellate conflict of interest exists between the defendant and the
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8 county indigent defender in a case in which the defendant has
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9 received the death penalty, the district court may appoint the
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10 Indigent Defense System to represent the defendant on appeal. The
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11 Oklahoma Indigent Defense System shall also represent all indigent
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12 defendants from such counties who were not represented at trial by
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13 the county public defenders unless a conflict of interest on appeal
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14 exists between defendants, in which case the Oklahoma Indigent
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15 Defense System shall represent one defendant, the county indigent
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16 defender shall represent one defendant and the court may assign the
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17 appeal of the case for any other defendants in the same manner as
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18 provided for conflict at the trial level in Section 138.7 of this
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19 title.
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20 SECTION 4. This act shall become effective November 1, 2025.
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22 60-1-1143 TEK 1/19/2025 5:39:53 AM
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Req. No. 1143 Page 4Every fact on this page links to its source, starting with the official bill record.