Oklahoma HB 3566: Children; certification; youthful offender; acts; effective date.

Bill Text

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HOUSE OF REPRESENTATIVES - FLOOR VERSION

STATE OF OKLAHOMA

2nd Session of the 59th Legislature (2024)

HOUSE BILL 3566 By: Manger

AS INTRODUCED

An Act relating to children; amending 10A O.S. 2021,
Section 2-5-205, as amended by Section 5, Chapter
375, O.S.L. 2022 (10A O.S. Supp. 2023, Section 2-5-
205), which relates to certification as youthful
offender or juvenile; modifying acts that shall cause
certain persons to be held accountable as a youthful
offender; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 2-5-205, as
amended by Section 5, Chapter 375, O.S.L. 2022 (10A O.S. Supp. 2023,
Section 2-5-205), is amended to read as follows:
Section 2-5-205. A. Any person thirteen (13) or fourteen (14)
years of age who is charged with murder in the first degree shall be
held accountable for the act as if the person were an adult;
provided, the person may be certified as a youthful offender or a
juvenile as provided by this section, unless the person is subject
to the provisions of subsection H of Section 2-5-204 of this title.

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B. Any person fifteen (15), sixteen (16) or seventeen (17)
years of age who is charged with murder in the first degree shall be
held accountable for his or her act as if the person was an adult
and shall not be subject to the provisions of the Youthful Offender
Act or the provisions of the Juvenile Code for certification as a
juvenile. The person shall have all the statutory rights and
protections of an adult accused of a crime. All proceedings shall
be as for a criminal action and the provisions of Title 22 of the
Oklahoma Statutes shall apply. A person having been convicted as an
adult pursuant to this paragraph shall be tried as an adult for
every subsequent offense.
C. Any person fifteen (15), sixteen (16) or seventeen (17)
years of age who is charged with:
1. Murder in the second degree;
2. Kidnapping or attempt thereof;
3. Manslaughter in the first degree;
4. Robbery with a dangerous weapon or a firearm or attempt
thereof;
5. Robbery in the first degree or attempt thereof;
6. Robbery committed by two or more persons;
7. Rape by instrumentation or attempt thereof;
8. Forcible sodomy;

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9. Lewd acts or proposals to a child under sixteen (16) years
of age or any offense in violation of subsection A of Section 1123
of Title 21 of the Oklahoma Statutes;
10. Domestic abuse by strangulation;
11. Arson in the first degree or attempt thereof; or
12. Any offense in violation of Section 652 of Title 21 of the
Oklahoma Statutes; or
13. Eluding a peace officer in violation of subsection B or C
of Section 540A of Title 21 of the Oklahoma Statutes,
shall be held accountable for such acts as a youthful offender;
provided, the person may be certified as a juvenile or as an adult
as provided by the provisions of the Youthful Offender Act.
D. At the sole discretion of the district attorney, any person
fifteen (15), sixteen (16) or seventeen (17) years of age who is
charged with rape in the first degree or attempt thereof may be held
accountable for his or her act as if the person was an adult or as a
youthful offender. When charged as an adult, the person shall have
all the statutory rights and protections of an adult accused of a
crime. All proceedings shall be as for a criminal action and the
provisions of Title 22 of the Oklahoma Statutes shall apply. A
person having been convicted as an adult pursuant to this subsection
shall be tried as an adult for every subsequent offense. When
charged as a youthful offender, the person shall be held accountable
for such acts as a youthful offender; provided, the person may be

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certified as a juvenile or as an adult as provided by the Youthful
Offender Act.
E. Any person sixteen (16) or seventeen (17) years of age who
is charged with:
1. Burglary in the first degree or attempted burglary in the
first degree;
2. Battery or assault and battery on a state employee or
contractor while in the custody or supervision of the Office of
Juvenile Affairs;
3. Aggravated assault and battery of a police officer;
4. Intimidating a witness;
5. Trafficking in or manufacturing illegal drugs;
6. Assault and battery with a deadly weapon;
7. Maiming;
8. Residential burglary in the second degree after two or more
adjudications that are separated in time for delinquency for
committing burglary in the first degree or residential burglary in
the second degree;
9. Rape in the second degree; or
10. Use of a firearm while in