ENGROSSED SENATE
BILL NO. 984	By:	Sykes of the Senate

			and

		Biggs of the House

An Act relating to deferred prosecution agreements; amending 22 O.S. 2011, Sections 305.1 and 305.3, which relate to guidelines and termination of deferred prosecution agreement; prohibiting agreements for persons accused of certain offenses; modifying certain burden of proof; providing for certain remedy; removing certain notice and hearing requirements; updating language; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     22 O.S. 2011, Section 305.1, is amended to read as follows:
Section 305.1.  A.  Before the filing of an information against a person accused of committing a crime, the State of Oklahoma, through its district attorney, may agree with an accused to defer the filing of a criminal information for a period not to exceed three (3) years.
The State of Oklahoma may include any person in a deferred prosecution program if it is in the best interests of the accused and not contrary to the public interest.  Each district attorney shall adopt and promulgate guidelines which shall indicate what factors shall be considered in including an accused in the deferred prosecution program.  The guidelines shall insure that the State of Oklahoma considers in each case at least the following factors:
1.  Whether the State of Oklahoma has sufficient evidence to achieve conviction;
2.  The nature of the offense with priority given to first offenders and nonviolent crimes;
3.  Any special characteristics of the accused;
4.  Whether the accused will cooperate and benefit from a deferred prosecution program;
5.  Whether available programs are appropriate to the accused person's needs;
6.  Whether the services for the accused are more readily available from the community or from the corrections system;
7.  Whether the accused constitutes a substantial danger to others;
8.  The impact of the deferred prosecution on the community;
9.  The recommendations of the law enforcement agency involved in the case;
10.  The opinions of the victim; and
11.  Any mitigating or aggravating circumstances.
B.  In no event shall a deferred prosecution be offered to a person accused of an offense that would require service of eighty-five percent (85%) of the sentence or an underlying offense which would result in a requirement to register as a sex offender.
SECTION 2.     AMENDATORY     22 O.S. 2011, Section 305.3, is amended to read as follows:
Section 305.3.  A.  Both the State of Oklahoma and the accused may mutually terminate the deferred prosecution at any time, and the case shall proceed as if there had been no agreement.  If the State of Oklahoma makes the termination decision unilaterally, it shall only do so in light of all the relevant circumstances of the case upon good cause.  Absent good cause, the defendant may, as a matter of contract, pursue a civil remedy.  Arrest of the accused for a subsequent offense shall not automatically terminate the agreement.  If the State of Oklahoma should decide to terminate the agreement, it shall:
1.  Send a written notice of termination to the accused and the attorney for the accused, if any, explaining the reasons for the termination;
2.  Disclose to the accused or the attorney for the accused the evidence supporting the decision to terminate; and
3.  Afford the accused the opportunity to be heard and present evidence, and cross-examine witnesses before a judge of the district court.  The accused shall have ten (10) days from the date of mailing of the notice to file a written request with the court clerk for the county in which a charge is pending for the hearing, after which the right to a hearing shall be waived.  The burden shall be upon the State of Oklahoma to prove that the accused did not fulfill the conditions of the agreement, and that an information should be filed.
B.  On and after the effective date of this act July 1, 2000, if an agreement is terminated by the State of Oklahoma for failure of the person to comply with the terms of the deferred prosecution agreement, the termination document and supporting documentation shall be open to the public.
C.  If an agreement is terminated by the State of Oklahoma and the accused is subsequently tried before a jury, the court shall instruct the jury not to consider any delay in prosecution while the accused was participating in the deferred prosecution program.
SECTION 3.  This act shall become effective November 1, 2013.
Passed the Senate the 12th day of March, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives