All Roll Calls
Yes: 86 • No: 32
Sponsored By: Rande Worthen (Republican)
Signed by Governor
Personalized for You
Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
5 provisions identified: 1 benefits, 0 costs, 4 mixed.
If you make a substantial showing of incompetency, the trial court orders a forensic exam by the mental health department or its designee. By filing, you consent to the exam and waive privilege for relevant mental-health and medical records. If you refuse the State’s exam, the court cannot consider your expert’s evidence. Examiners focus on whether you rationally understand the reason for execution and that it is imminent. The examiner’s report must go to both sides and the court within 45 days.
The law sets the test for execution competency. You are incompetent only if a mental condition keeps you from rationally understanding why you are being executed and that it is imminent. People under a death sentence are presumed competent. After exams finish, the court holds a hearing within 30 days. You must prove incompetency by a preponderance of the evidence.
After the Attorney General moves to set an execution date, your lawyer files in the Court of Criminal Appeals and must raise incompetency within seven days. The motion must state facts and attach affidavits and records, or explain why they are missing. Once an execution date is set, the Appeals Court sends the issue to the original trial court, which must hold a hearing before the date unless a stay is issued. The Attorney General represents the State. Discovery rules apply, filings must be in good faith, and records in these proceedings cannot be sealed. You may file late only if a new change in competency arose later and could not have been found earlier.
If the trial court finds you incompetent, it notifies the Appeals Court, which issues a stay if none exists. The mental health department, with corrections, picks a safe place to hold you and must start restoration services within 30 days. The State must seek a reevaluation no later than four months after services begin, and the court holds a hearing within 45 days of the report. The State must overcome a presumption that you remain incompetent. If you are found competent, the stay is lifted and the warden proceeds with the execution or a new date is set. If you remain incompetent, restoration continues. Providers must monitor progress, report every six months, and alert the court at once if you may be competent; the court then orders a quick reevaluation and hearing.
These rules take effect November 1, 2025. The amendments apply retroactively as of that date to eligible ongoing cases.
Rande Worthen
Republican • House
Dave Rader
Republican • Senate
All Roll Calls
Yes: 86 • No: 32
Senate vote • 5/1/2025
THIRD READING
Yes: 0 • No: 7
Senate vote • 5/1/2025
Top_of_Page
Yes: 0 • No: 7
Senate vote • 4/22/2025
Top_of_Page
Yes: 0 • No: 2
House vote • 3/12/2025
Top_of_Page
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
Approved by Governor 05/09/2025
Sent to Governor
Enrolled measure signed, returned to House
Enrolled, signed, to Senate
Referred for enrollment
Engrossed measure signed, returned to House
Measure passed: Ayes: 39 Nays: 7
General Order, Considered
Placed on General Order
Reported Do Pass Judiciary committee; CR filed
Second Reading referred to Judiciary
First Reading
Engrossed, signed, to Senate
Referred for engrossment
Third Reading, Measure passed: Ayes: 69 Nays: 14
General Order
Authored by Senator Rader (principal Senate author)
CR; Do Pass Judiciary and Public Safety Oversight Committee
Policy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass Criminal Judiciary
Referred to Criminal Judiciary
Second Reading referred to Judiciary and Public Safety Oversight
Authored by Representative Worthen
First Reading
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
HB 4030 — Education; apportionment of certain appropriated funds; purposes for allocated funds; effective date; emergency.
HB 4072 — Public Finance; creating the Taxpayer Endowment Trust Fund Act; creating the Taxpayer Endowment Trust Fund; effective date; emergency.
SB 1733 — Schools; requiring public and private school employees to report certain disclosure, allegation, or information to law enforcement within certain time period; requiring school employees to annually sign certain attestation. Effective date. Emergency.
SB 1481 — Schools; requiring certain schools to provide students in certain grades with certain amount of recess per day. Effective date. Emergency.
SB 1176 — Oklahoma Water Resources Board; creating the Water and Wastewater Infrastructure Investment Program. Effective date. Emergency.
SB 1161 — Oklahoma Health Care Authority; general appropriations; modifying certain date; providing for duties and compensation of administrators and employees. Effective date. Emergency.