All Roll Calls
Yes: 158 • No: 32
OklahomaHB 1693Oklahoma 2026 Regular SessionHouse
Criminal procedure; clarifying evidentiary hearing requirements; effective date.
Sponsored By: Rande Worthen (Republican)
Signed by Governor
Senate Committee
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 3 costs, 2 mixed.
Presumed competent and quicker path to execution
Beginning 2025-11-01, a death-sentenced person is presumed competent to be executed. After court-ordered exams, the court must hold a hearing within 30 days. The person must overcome the presumption by a preponderance of the evidence. If found competent, the warden must carry out the execution, or a new date is set if needed.
State-ordered exams and strict reporting rules
Beginning 2025-11-01, if substantial doubt exists, the court must order an exam by the state mental health agency or its forensic examiner. Filing the incompetency motion counts as consent and waives privilege for relevant records. If the person refuses the state exam, the court cannot consider their expert’s evidence. Examiners must assess rational understanding of the reason for execution and that it is imminent, and deliver reports to both sides and the court within 45 days.
Tighter deadlines to raise execution incompetence
Beginning 2025-11-01, defense counsel must raise incompetency within seven days of the Attorney General’s motion to set a date. Competency is not considered until an execution date is scheduled. Once a date is set, the appeals court sends the issue to the trial court. The trial court must hold and decide a hearing on substantial doubt before the scheduled execution unless a stay is issued.
Restoration treatment and regular competency checks
Beginning 2025-11-01, if found incompetent, the court notifies the appeals court for a stay and orders the state to choose safe confinement and start restoration treatment within 30 days. Competency must be rechecked within four months of starting services. Providers must monitor, send six-month reports, and alert the court right away if competency may return. The court holds a hearing within 30 to 45 days after a reevaluation to decide if competency is restored.
Discovery rules, open records, and retroactivity
Beginning 2025-11-01, the Criminal Discovery Code governs evidence sharing in these hearings. Records in these cases cannot be sealed and remain public. All amendments to these rules apply retroactively from the act’s effective date.
Sponsors & Cosponsors
Sponsor
Rande Worthen
Republican • House
Cosponsors
Dave Rader
Republican • Senate
Roll Call Votes
Senate vote • 5/1/2025
THIRD READING
Yes: 39 • No: 7
Senate vote • 5/1/2025
SENATE
Yes: 27 • No: 7
Senate vote • 4/22/2025
Committee vote: Judiciary
Yes: 6 • No: 2
House vote • 3/12/2025
THIRD READING
Yes: 69 • No: 14
House vote • 3/4/2025
DO PASS
Yes: 12 • No: 2
House vote • 2/19/2025
DO PASS
Yes: 5 • No: 0
Bill Text
Enrolled (final version)
5/5/2025
Floor (Senate)
4/23/2025
Senate Committee Report
4/22/2025
Engrossed
3/13/2025
Floor (House)
3/9/2025
House Committee Report
3/4/2025
House Policy Committee Report
2/19/2025
Introduced
1/16/2025
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