Senate sends governor landmark sentencing reform bill

OKLAHOMA CITY – The Oklahoma Senate on Thursday approved legislation that is the culmination of years of work to rewrite Oklahoma’s criminal code.

After three years of studying the state’s criminal code and several more years working on legislation to bring greater consistency and uniformity to criminal sentencing, the Senate gave final passage to a one-of-a-kind measure to overhaul felony sentencing in Oklahoma.

House Bill 1792, carried in the Senate by Sen. Dave Rader, R-Tulsa, creates the Oklahoma Sentencing Modernization Act of 2024. This bill follows recommendations from the Oklahoma Criminal Justice Reclassification Council, which was created by the Legislature in 2018 through a bill from Senate Pro Tem Greg Treat, R-Oklahoma City.

Oklahoma is currently one of just a few states that doesn’t have a felony classification system to organize felonies into different classes. HB 1792 organizes more than 2,000 felony offenses into 14 classes based on their severity and sets standard sentencing ranges for certain felonies, with repeat offenders facing harsher penalties. Under this bill, minimum time served requirements would be included in jury instructions for offender sentencing.

HB 1792 creates more sentencing clarity, consistency and certainty for victims, judges and criminal defendants, Rader said. The measure will make sure all Oklahoma counties are following similar sentencing ranges, he said.

“This needed reform creates a uniform and consistent felony classification system while still prioritizing the safety of all Oklahomans,” Rader said. “Thanks to everyone who provided input and played a role in shaping this legislation that will ensure Oklahoma takes a balanced approach to modernizing our justice system and reducing the number of people in our prisons.”

Rader said a wide range of groups, including the District Attorneys Association, Oklahoma Sheriffs’ Association, Oklahoma Association of Chiefs of Police, Justice Action Network, Right on Crime, Prison Fellowship, ACLU and the Conservative Political Action Conference (CPAC) all had input on this bill.

Notably, HB 1792 does not alter sentencing ranges for violent felonies in classes Y, A, and B, which include crimes such as murder, sexual abuse, assault, arson and first-degree burglary. The bill doesn’t apply retroactively, and it does not change sentencing for misdemeanor crimes.

HB 1792, which was authored in the House by Rep. Mike Osburn, R-Edmond, now advances to the governor’s desk.

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For more information, contact Sen. Dave Rader at 405-521-5620 or email Dave.Rader@oksenate.gov