Tag: 2016

New Oklahoma Criminal Laws in 2016 – Summary

This post summarizes each new Oklahoma law relating to criminal justice that went into effect in 2016. When I originally started this endeavor, I thought I would be making a handful of posts. I ended up making 22 posts. I’m confident that my site has the most comprehensive analysis of Oklahoma criminal laws that went into effect in 2016.

Part 1 – DUI prosecutions by municipalities

Part 2 – Discretion to file misdemeanor charges under certain circumstances

Part 3 – Expungement Reform

Part 4 – Reduction of mandatory minimums for drug offenses

Part 5 – Threshold for property crimes to be charged as a felony raised to $1,000

Part 6 – No longer illegal to drive without insurance card

Part 7 – Collection of DNA for felony arrests

Part 8 – Easier to charge domestic violence as a felony

Part 9 – Revenge porn is now illegal

Part 10 – Illegal to commit forcible sodomy on unconscious victims

Part 11 – Courts to consider PTSD when sentencing veterans

Part 12 – Court costs to be reduced if restitution is reduced

Part 13 – Doubling fees to prosecute you

Part 14 – Prison sentence modification period extended to 60 months

Part 15 – Prosecutor can dismiss charge by filing a notice of dismissal

Part 16 – Changing the definition of child abuse

Part 17 – Expanding drug court & community sentencing eligibility

Part 18 – Traditional insanity acquittal abolished

Part 19 – Expanding the force element in specific sexual assault crimes & defining the necessary consent for a sexual act

Part 20 – Granting trial courts authority to waive fines, court costs, & fees

Part 21 – Granting drug courts authority to waive remaining fees, court costs, & fines

Part 22 – Legally carry more types of knives

Hopefully, you found this interesting. My goal is to do this each year. I’ll start earlier in 2017 so that the posts are closer to the day the governor signed the bills.

If you’re been arrested in Oklahoma … Don’t panic! Call Urbanic.

405-633-3420

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New Oklahoma Laws In 2016 Part XI – Courts To Consider PTSD When Sentencing Veterans

HB 2595 authorizes any court sentencing a veteran to consider as a mitigating factor that the person has been diagnosed as suffering from post-traumatic stress disorder resulting from his or her military service. The vet has to provide documentary evidence that served in in a combat zone and has been diagnosed with PTSD. The law is codified in 22 OS § 973a.

As a veteran, I think this is a great thing. Many vets come back from combat and are unable to cope with the difficult things they experienced. I salute all the veterans out there, and I’m happy their concerns are being addressed.

Another way veterans are being addressed in the criminal justice system is through the Veterans Diversion Program (Veterans Court) in Oklahoma County. The program is specifically designed to help veterans facing criminal charges. It’s rigorous but worth it. If the veteran successfully completes the program then the charges are dismissed. I’ve worked closely with the people who run the program, and they do an excellent job. Their passion for helping vets is off the charts, so I can’t thank them enough for the great work that they do. I also have to take my hat off for the Oklahoma County District Attorney for supporting this great program.

HB 2595 – http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2595%20ENR.PDF

22 OS § 973a – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=478323

Article covering the bill – http://kfor.com/2016/09/15/new-ptsd-bill-to-go-into-effect-across-oklahoma/

If you are a veteran who is facing charges, don’t panic! Call Urbanic.

405-633-3420

New Oklahoma laws in 2016 Part VII – Collection of DNA for felony arrests

If you’re arrested for a felony in Oklahoma, your DNA will now be taken. Simple as that!

Although I’m not a fan of the government having more information on us, I know that the collection of DNA in this manner has exonerated many people who have been wrongly convicted. So, I hope this law helps more people than it harms by the intrusion into our liberty.

The enacted legislation: HB 2275.

The primary statute: 22 OS § 210.

If you or anyone you know has been arrested —

Don’t panic! Call Urbanic.

405-633-3420