Oklahoma § 22-973 - Court may hear further evidence, when

§ 22-973. Court may hear further evidence, when

After a plea or verdict of guilty in a case where the extent of

the punishment is left with the court, the court, upon the

suggestion of either party that there are circumstances which may be

properly taken into view, either in aggravation or mitigation of the

punishment, may in its discretion hear the same summarily at a

specified time and upon such notice to the adverse party as it may

direct.

R.L.1910, § 5954.

§22-973a. Mitigating factor for veterans – PTSD.

A. When making a sentencing decision concerning a person who is

a veteran, the court may consider as a mitigating factor that the

person has been diagnosed as suffering from posttraumatic stress

disorder resulting from his or her military service.

B. The defendant shall provide to the court documentary

evidence that the defendant:

1. Has served in the Armed Forces of the United States of

America in a combat zone, as defined in Section 112 of the Federal

Internal Revenue Code of 1986. Proof of such service shall consist

of a certification by the Director of the Department of Veterans

Affairs; and

2. Has been diagnosed with a posttraumatic stress disorder

connected to his or her service in the Armed Forces of the United

States of America.

C. As used in this section, "posttraumatic stress disorder"

means the same as such term is defined in the Diagnostic and

Statistical Manual of Mental Disorders, Fifth Edition (DSM-5, 2013),

and occurred as a result of events during the service of the

defendant in one or more combat zones.

Added by Laws 2016, c. 197, § 1, eff. Nov. 1, 2016.

Oklahoma Statutes - Title 22. Criminal Procedure