Oklahoma legislation · 2026 Regular Session
Oklahoma HB1693: Criminal procedure; clarifying evidentiary hearing requirements; effective date.
Status: Signed into law, May 12, 2025
What the bill says
An Act relating to criminal procedure; amending Section 1, Chapter 168, O.S.L. 2022 (22 O.S. Supp. 2024, Section 1005.1), which relates to death penalty procedures for the mentally incompetent; clarifying evidentiary hearing requirements; specifying time limitation for the submission of certain reports; directing wardens to proceed with execution under certain circumstances; allowing new execution dates to be set; modifying and establishing procedures for persons deemed mentally incompetent to be executed; applying provisions of the Criminal Discovery Code where relevant…
From the enrolled text, May 5, 2025:
An Act relating to criminal procedure; amending Section 1, Chapter 168, O.S.L. 2022 (22 O.S. Supp. 2024, Section 1005.1), which relates to death penalty procedures for the mentally incompetent; clarifying evidentiary hearing requirements; specifying time limitation for the submission of certain reports; directing wardens to proceed with execution under certain circumstances; allowing new execution dates to be set; modifying and establishing procedures for persons deemed mentally incompetent to be executed; applying provisions of the Criminal Discovery Code where relevant; prohibiting proceedings from being filed under seal; making amendatory provisions retroactive; and providing an effective date. SUBJECT: Criminal procedure SECTION 1. AMENDATORY Section 1, Chapter 168, O.S.L. 2022 (22 O.S. Supp. 2024, Section 1005.1), is amended to read as follows: Section 1005.1. A. For purposes of this act, "mentally incompetent to be executed" means that because of a mental condition the person is presently unable to have a rational and 2. That he or she is to be executed and that execution is imminent. B. There shall be a presumption that a person who has received a judgment of death is mentally competent to be executed. C. If, after the Attorney General files a motion to set an execution date, the person's attorney for the person has good reason to believe that the person may be mentally incompetent to be executed, …