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: 1 benefits, 0 costs, 4 mixed.

Court-ordered mental exams and records rules

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.

Execution competency standard and proof rules

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.

How to raise execution competency claims

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.

Treatment and reevaluation if found incompetent

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.

When these rules take effect

These rules take effect November 1, 2025. The amendments apply retroactively as of that date to eligible ongoing cases.

Sponsors & Cosponsors

Sponsor

  • Rande Worthen

    Republican • House

Cosponsors

  • Dave Rader

    Republican • Senate

Roll Call Votes

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

Actions Timeline

  1. Approved by Governor 05/09/2025

    5/12/2025House
  2. Sent to Governor

    5/5/2025House
  3. Enrolled measure signed, returned to House

    5/5/2025Senate
  4. Enrolled, signed, to Senate

    5/5/2025House
  5. Referred for enrollment

    5/1/2025House
  6. Engrossed measure signed, returned to House

    5/1/2025Senate
  7. Measure passed: Ayes: 39 Nays: 7

    5/1/2025Senate
  8. General Order, Considered

    5/1/2025Senate
  9. Placed on General Order

    4/24/2025Senate
  10. Reported Do Pass Judiciary committee; CR filed

    4/22/2025Senate
  11. Second Reading referred to Judiciary

    4/1/2025Senate
  12. First Reading

    3/13/2025Senate
  13. Engrossed, signed, to Senate

    3/13/2025House
  14. Referred for engrossment

    3/12/2025House
  15. Third Reading, Measure passed: Ayes: 69 Nays: 14

    3/12/2025House
  16. General Order

    3/12/2025House
  17. Authored by Senator Rader (principal Senate author)

    3/4/2025House
  18. CR; Do Pass Judiciary and Public Safety Oversight Committee

    3/4/2025House
  19. Policy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass Criminal Judiciary

    2/19/2025House
  20. Referred to Criminal Judiciary

    2/4/2025House
  21. Second Reading referred to Judiciary and Public Safety Oversight

    2/4/2025House
  22. Authored by Representative Worthen

    2/3/2025House
  23. First Reading

    2/3/2025House

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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