Oklahoma § 22-1090.4 - Defendant serving sentence — Court imposed lessening of

§ 22-1090.4. Defendant serving sentence — Court imposed lessening of

sentence.

Where a court has imposed a criminal judgment and sentence upon

a defendant other than for an offense described in subsection E of

Section 3 of this act and the defendant is serving the sentence in

the custody of the Department of Corrections, the court shall impose

a new, lesser sentence following a hearing if the court determines:

1. At the time of the offense for which the sentence is being

served, the defendant was a victim of domestic violence or subjected

to physical, sexual, or psychological abuse inflicted by a sexual

partner, a family member or member of the household, the trafficker

of the defendant, or any person who used the defendant for financial

gain; and

2. Such violence or abuse was related to and was a substantial

contributing factor in causing the defendant to commit the offense

for which he or she is presently in custody or to the defendant’s

criminal behavior.

At the hearing to determine whether the defendant should be

resentenced pursuant to this section, the court shall take testimony

from witnesses offered by either party and consider oral and written

arguments and any other relevant evidence to assist in making its

determination. The court may determine that such violence or abuse

was related to and was a substantial contributing factor to the

offense regardless of whether the defendant raised an affirmative

defense.

Added by Laws 2024, c. 331, § 4.