HB 2235 — Wrongful convictions; increasing liability amount for claims of wrongful incarceration; codification.

ENGR.The Bureau and the Supreme Court may promulgate rules to govern the process for automatic expungement of records for a clean slate eligible arrest record in accordance with this subsection.

H.

B.

NO.

2235 Page 3 The Bureau and the Supreme Court may promulgate rules to govern the process for automatic expungement of records for a clean slate eligible arrest record in accordance with this subsection.

Upon the filing of a petition or entering of a court order as prescribed in subsection A of this section, the court shall set a date for a hearing and shall provide thirty (30) days of notice of the hearing to the prosecuting agency, the arresting agency, the Oklahoma State Bureau of Investigation, and any other person or agencyENR. whom the court has reason to believe may have relevant information related to the sealing of such record.

F.

If a petitioner requests expungement for multiple offenses in one county, each of which would qualify for expungement if ENGR.

2235 Page 43 processedagency sequentially,whom the expungementscourt has reason to believe may behave consideredrelevant underinformation arelated singleto petition.the sealing of such record.

F.

If a petitioner requests expungement for multiple offenses in one county, each of which would qualify for expungement if processed sequentially, the expungements may be considered under a single petition.

Upon the entry of an order to seal the records, or any part thereof, or upon an automatic expungement described in subsection B of this section, the subject official actions shall be deemed never to have occurred, and the person in interest and all criminal ENGR.justice agencies may properly reply, upon any inquiry in the matter, that no such action ever occurred and that no such record exists with respect to such person.

H.

B.

NO.

2235 Page 5 justice agencies may properly reply, upon any inquiry in the matter, that no such action ever occurred and that no such record exists with respect to such person.

Employers, educational institutions, state and local government agencies, officials, and employees shall not, in any application or interview or otherwise, require an applicant to discloseENR. any information contained in sealed records.

H.

B.

NO.

2235 Page 4 disclose any information contained in sealed records.

ENGR.M.

H.

B.

NO.

2235 Page 6 M.

Nothing herein shall prohibit the introduction of evidence regarding actions sealed pursuant to the provisions of this section at any hearing or trial for purposes of impeaching the credibility ENGR.of a witness or as evidence of character testimony pursuant to Section 2608 of Title 12 of the Oklahoma Statutes.

ENR.

2235 Page 75 ofR. a witness or as evidence of character testimony pursuant to Section 2608 of Title 12 of the Oklahoma Statutes.

R.

ENGR.SECTION 2.

H.

B.

NO.

2235 Page 8 SECTION 2.

The limit of liability for the state or any city or county with a population of three hundred thousand (300,000) or more according to the latest Federal Decennial Census, or a political subdivision as defined in subparagraph s of paragraph 11 of Section 152ENR. of this title, shall not exceed One Hundred Seventy-five Thousand Dollars ($175,000.00).

Except however, the limits of the liability for the University Hospitals and State Mental Health Hospitals operated by the Department of Mental Health and Substance Abuse Services for claims arising from medical negligence shall be Two Hundred Thousand Dollars ($200,000.00).

For claims arising from medical negligence by any licensed physician, osteopathic physician ENGR.

2235 Page 96 or certified nurse-midwife rendering prenatal, delivery or infant care services from September 1, 1991, through June 30, 1996, pursuant to a contract authorized by subsection B of Sectionthis 1-106title, of Title 63 of the Oklahoma Statutes and in conformity with the requirements of Section 1-233 of Title 63 of the Oklahoma Statutes, the limits of the liability shall benot Twoexceed One Hundred Seventy-five Thousand Dollars ($200,000.00);($175,000.00).

Except however, the limits of the liability for the University Hospitals and State Mental Health Hospitals operated by the Department of Mental Health and Substance Abuse Services for claims arising from medical negligence shall be Two Hundred Thousand Dollars ($200,000.00).

For claims arising from medical negligence by any licensed physician, osteopathic physician or certified nurse-midwife rendering prenatal, delivery or infant care services from September 1, 1991, through June 30, 1996, pursuant to a contract authorized by subsection B of Section 1-106 of Title 63 of the Oklahoma Statutes and in conformity with the requirements of Section 1-233 of Title 63 of the Oklahoma Statutes, the limits of the liability shall be Two Hundred Thousand Dollars ($200,000.00);

ENGR.a.

H.

B.

NO.

2235 Page 10 a.

c.ENR.

the individual was imprisoned solely on the basis of the conviction for the offense, and e.

d.

(1) in the case of a pardon, a determination was made by either the Pardon and Parole Board or the Governor that the offense for which the individual was convicted, sentenced and imprisoned, including any lesser offenses, was not committed by the individual, or (2) in the case of judicial relief, a court of competent jurisdiction found by clear and convincing evidence that the offense for which the individual was convicted, sentenced and imprisoned, including any lesser included offenses, was not committed by the individual and ENGR.

2235 Page 117 issuedc. an order vacating, dismissing or reversing the conviction and sentence and providing that no further proceedings can be or will be held against the individual on any facts and circumstances alleged in the proceedings which had resulted in the conviction.

the individual was imprisoned solely on the basis of the conviction for the offense, and e.

d.

(1) in the case of a pardon, a determination was made by either the Pardon and Parole Board or the Governor that the offense for which the individual was convicted, sentenced and imprisoned, including any lesser offenses, was not committed by the individual, or (2) in the case of judicial relief, a court of competent jurisdiction found by clear and convincing evidence that the offense for which the individual was convicted, sentenced and imprisoned, including any lesser included offenses, was not committed by the individual and issued an order vacating, dismissing or reversing the conviction and sentence and providing that no further proceedings can be or will be held against the individual on any facts and circumstances alleged in the proceedings which had resulted in the conviction.

ENGR.ENR.

2235 Page 128 6.

Coverage may be obtained under the provisions of this paragraph for a period of time equal to the total period the claimant served for the crime for which the claimant was wrongfully incarcerated, including any period ENGR.during which the claimant was released on parole or released under conditions of probation.

H.

B.

NO.

2235 Page 13 during which the claimant was released on parole or released under conditions of probation.

C.ENR.

No award for damages in an action or any claim against the state or a political subdivision shall include punitive or exemplary damages.

D.

When the amount awarded to or settled upon multiple claimants exceeds the limitations of this section, any party may apply to the district court which has jurisdiction of the cause to apportion to each claimant the claimant's proper share of the total ENGR.

2235 Page 149 amountC. as limited herein.

No award for damages in an action or any claim against the state or a political subdivision shall include punitive or exemplary damages.

D.

When the amount awarded to or settled upon multiple claimants exceeds the limitations of this section, any party may apply to the district court which has jurisdiction of the cause to apportion to each claimant the claimant's proper share of the total amount as limited herein.

When the amount of the aggregate losses presented by a single claimant exceeds the limits of paragraph 1 or 2 of subsection A of this section, each person suffering a loss shall be entitled to that person's proportionate share.

The liability of the state or political subdivision under The Governmental Tort Claims Act shall be several from that of any other person or entity, and the state or political subdivision shall ENGR.only be liable for that percentage of total damages that corresponds to its percentage of total negligence.

H.

B.

NO.

2235 Page 15 only be liable for that percentage of total damages that corresponds to its percentage of total negligence.

A.ENR.

H.

B.

NO.

2235 Page 10 A.

ENGR.SECTION 4.

H.

B.

NO.

2235 Page 16 SECTION 4.

A person who was wrongfully incarcerated and awarded compensation pursuant to the provisions of subsection B of Section 154 of titleTitle 51;

Children of any person wrongfully incarcerated and the person was awarded compensation pursuant to the provisions of subsection B of Section 154 of titleTitle 51.

SECTIONENR. 5.

This act shall become effective July 1, 2025.

SECTION 6.

It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

ENGR.

2235 Page 1711 Passed the House of Representatives the 27th15th day of March,May, 2025.

3 Presiding Officer of the House of Representatives 6 Passed the Senate the ___6th day of __________,May, 2025.

8 Presiding Officer of the Senate ENGR.OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.

By:

_________________________________ Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

_________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this __________ day of ___________________, 20_______, at _______ o'clock _______ M.

By:

_________________________________ ENR.

2235 Page 1812