STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2732	By:	Cleveland

AS INTRODUCED

An Act relating to crimes and punishments; creating the Correctional Officer Safety Act of 2014; amending 21 O.S. 2011, Section 13.1, which relates to required service of prison sentence; modifying eligibility requirements for earned credits; providing for noncodification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law not to be codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Correctional Officer Safety Act of 2014".
SECTION 2.     AMENDATORY     21 O.S. 2011, Section 13.1, is amended to read as follows:
Section 13.1  Persons convicted of:
1.  First degree murder as defined in Section 701.7 of this title;
2.  Second degree murder as defined by Section 701.8 of this title;
3.  Manslaughter in the first degree as defined by Section 711 of this title;
4.  Poisoning with intent to kill as defined by Section 651 of this title;
5.  Shooting with intent to kill, use of a vehicle to facilitate use of a firearm, crossbow or other weapon, assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm, as provided for in Section 652 of this title;
6.  Assault with intent to kill as provided for in Section 653 of this title;
7.  Conjoint robbery as defined by Section 800 of this title;
8.  Robbery with a dangerous weapon as defined in Section 801 of this title;
9.  First degree robbery as defined in Section 797 of this title;
10.  First degree rape as provided for in Section 1115 of this title;
11.  First degree arson as defined in Section 1401 of this title;
12.  First degree burglary as provided for in Section 1436 of this title;
13.  Bombing as defined in Section 1767.1 of this title;
14.  Any crime against a child provided for in Section 843.5 of this title;
15.  Forcible sodomy as defined in Section 888 of this title;
16.  Child pornography as defined in Section 1021.2, 1021.3 or 1024.1 of this title;
17.  Child prostitution as defined in Section 1030 of this title;
18.  Lewd molestation of a child as defined in Section 1123 of this title;
19.  Abuse of a vulnerable adult as defined in Section 10-103 of Title 43A of the Oklahoma Statutes who is a resident of a nursing facility;
20.  Aggravated trafficking as provided for in subsection C of Section 2-415 of Title 63 of the Oklahoma Statutes; or
21.  Aggravated assault and battery upon any person defending another person from assault and battery,
shall be required to serve not less than eighty-five percent (85%) of any sentence of imprisonment imposed by the judicial system prior to becoming eligible for consideration for parole.  Persons convicted of these offenses shall not be eligible for to receive and accumulate earned credits or any other type of credits which have the effect of reducing the length of the while serving the sentence to less than of imprisonment.  The Department of Corrections shall apply the accumulated credits after eighty-five percent (85%) of the sentence imposed has been served.  The person shall be eligible for immediate discharge if the sum of earned credits and service time equals the total sentence length.  The granting of earned credits shall be at the discretion of the Director based on the criteria provided for in Section 138 of Title 57 of the Oklahoma Statutes.  
SECTION 3.  This act shall become effective November 1, 2014.

54-2-9246	GRS	01/14/14