First Senate Bill filed for 2017 legislature addresses Oklahoma's "Real ID" problem

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OKLAHOMA CITY – For the second year in a row, Sen. John Sparks (D-Norman) and Sen. Kay Floyd (D-Oklahoma City) have filed legislation to resolve Oklahoma’s ongoing non-compliance with the Real ID Act of 2005.

“This week, we filed SB 1 which will bring Oklahoma into compliance with the Real ID Act of 2005,” said Sparks. “This bill will resolve this looming and very real issue which threatens to disrupt both our military’s mission as well as daily life at Oklahoma’s military installations. In addition, it will guarantee Oklahomans are not inconvenienced or at a disadvantage when it comes to dealing with federal agencies, accessing military installations, or, in 2018, boarding a commercial aircraft.”

“We hope that the fact that this bill is designated as Senate Bill 1 of the upcoming session will communicate the urgency and gravity of the situation we are facing by remaining non-compliant with the Real ID Act,” said Floyd. “Senate Democratic leadership has had lengthy discussions with the leadership at Tinker AFB and we are surer than ever that we need to resolve this failure as quickly and efficiently as possible. Beginning January 30, our military installations are likely facing disruption to their mission and inconvenience to those who live and work there. We must limit the impending interruption to ‘business as usual’ at our military installations and must solve this problem promptly.”

The Real ID Act of 2005 was signed into law by President George W. Bush in May of 2005. Currently, Oklahoma is not compliant with the Act due to legislation passed in 2007. While Oklahoma had previously been granted extensions to become compliant with the Real ID Act, according to the Department of Public Safety, Oklahoma’s most recent extension is set to expire. The expiration of this extension will make Oklahoma drivers licenses unacceptable forms of ID to access military installations and many other federal facilities effective January 30, 2017. Oklahomans will be required to have a compliant form of ID, such as a passport, in order to access military installations and certain federal facilities and, in 2018, to board commercial aircraft. However, data shows that only around 30% of Oklahomans have a passport.

“This is a serious problem that we need to resolve as quickly and efficiently as possible,” said Floyd. “By filing this legislation, we can at least ensure that this solution will be on the table when session starts in February, 2017. That is as quickly as the process can move at this point, which will still force our military installations to take time away from their mission on January 30 to deal with this problem, which the legislature created.”

“However,” Sparks noted, “in order to make this happen as quickly as possible, we will call on Republican leadership in both houses to suspend certain deadline-related rules in order to resolve this issue in days rather than weeks or months. We know what the problem is and we know what the solution is. Now, we must work diligently to ensure that our military installations and Oklahomans trying to access these and other federal facilities are not further inconvenienced by our often protracted legislative process.”

Sen. Mazzei tells Incentive Evaluation Commission it’s time to end state’s wind power tax credit

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Outgoing Senate Finance Chairman Mike Mazzei addressed the Incentive Evaluation Commission Thursday in support of a report that examined the cost versus benefits of the state’s Zero Emission Facility tax credit.  The PFM consulting group determined the cost significantly exceeds the benefits of the program, and recommends that the credit termination date should be accelerated.

In addition to having served as the chair of the Senate Finance Committee, Mazzei is a licensed certified financial planner.  For years he has advocated the need to reduce or end tax credits that have not produced the economic benefits for the state necessary to justify continuing them.  Mazzei said the wind farm credit is a prime example of that.  Under current law, a wind farm must be placed in service before January 1, 2021 in order to claim the credits.  Mazzei said the credit should be discontinued in 2017.

“In 2010, this credit cost Oklahoma $3.7 million, but as of 2015, the cost exceeded $100 million.  The whole goal of any tax incentive should be to generate economic benefits that are greater than the cost.  When you look at the direct economic benefit from the wind power facilities in 2015, it was $78.4 million and produced only $17.1 million in tax revenue,” said Mazzei, R-Tulsa.  “When you take into account the fact that Oklahoma is looking at a budget shortfall of at least $600 million for fiscal year 2017, we clearly cannot afford to wait until 2021.”

Last year, Oklahoma was ranked 3rd in the country for total megawatt hours of 1,423,000.  Mazzei said it was obvious the tax incentives had facilitated a significant amount of wind power facilities and megawatt capacity.  However, in light of the cost versus the benefit, the significant budget constraints facing the state and the many unmet funding needs for core functions, the production tax credit needed to end sooner.

“During the years the cost of this tax credit was skyrocketing, we were reducing education funding.  Since 2009, K-12 funding is down $95 million even though student enrollment is up by 40,000.  We’re now 50th in the nation in teacher pay,” Mazzei said.  “But that’s not all.  Healthcare costs for the state are increasing significantly every year.  We don’t have enough highway patrol officers.  Our prisons are severely understaffed.  We still haven’t caught up on all our deficient roads and bridges.”

Mazzei said the tax credit program also lacks adequate protections such as an annual cap for the program which would limit the annual expense to the state and enable lawmakers to anticipate the exact cost for budgeting purposes.  Furthermore, the report documents that in 2014, 154 corporate interests took advantage of the program.  This enormous corporate welfare is certainly not fair to the other 1.6 million tax filers in Oklahoma who sent their money to the state hoping for good schools, good roads, and good law enforcement.  He also noted the analysis by PFM showed Oklahoma is the only state in the country accepting new wind power facilities.  Mazzei called on the members of the Incentive Evaluation Commission to approve the analysis report by PFM on the Tax Credit for Zero Emission Facilities.

“In addition, I strongly encourage every member of the 2017 legislature to read this report and support legislation to end the wind power tax credit in 2017,” Mazzei said.

Sen. Newberry, ODOT officials tour and discuss Highway 51 conditions in Sand Springs

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SAND SPRINGS – Oklahoma State Senator Dan Newberry hosted key officials from the Oklahoma Department of Transportation in Senate District 37 on Friday to discuss transportation and infrastructure conditions in Senate District 37, which includes portions of Jenks, Sand Springs and Glenpool.

Senator Newberry welcomed ODOT Director Mike Patterson and members of his staff.  They viewed conditions along Highway 51 near Sand Springs, where residents have expressed concerns about sections of the highway eroding.

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“First and foremost, it’s important the state build and maintain safe roads and bridges. Oklahomans depend on the fact they are safe each day as they drive to work and take their children to school,” Senator Newberry said. “A good transportation system is also critical to economic development in Oklahoma. Our businesses need good roads and bridges to quickly and efficiently get their goods and services to their customers.”

Newberry serves on the Senate Transportation Committee and the Senate Appropriations Committee.

“Since I’ve served in the Senate, we’ve made transportation a priority and have provided funding to improve Oklahoma’s roads and bridges. ODOT has done a great job, but it’s important we keep pressing forward and not lose any progress in building up our transportation infrastructure. I appreciate Director Patterson visiting Senate District 37 and hearing about the concerns of local residents. I look forward to working with him and ODOT to address some of the issues along Highway 51.”

The pictured section of Highway 51 is located between Sand Springs and Mannford and has been in various states of closure since last July. Repair work is expected to begin as early as October.

Lloyd Snow clinches Democratic nomination, will face Newberry in November

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By: Scott Emigh, Editor-in-Chief

Outgoing Sand Springs Superintendent Lloyd Snow has the Democratic nomination for Senate District 37 all locked up after a landslide victory over Cory Gage and Andrew Nutter. Snow has been serving the Sand Springs community for sixteen years, and looks to continue doing so in a new field.

After sixteen years as the City Superintendent, Snow's era will come to an end on June 30th when Sherry Durkee officially takes over the office. While Snow initially intended to retire upon leaving the Superintendent position, dissatisfaction with the current state of affairs in the Capitol lead him to launch a campaign for the Senate District 37 seat in April.

When he launched his campaign he stated "I am frustrated, disappointed, and discouraged with the challenges our children, families, citizens, and communities continue to face due to devastating budget reductions and poor policies in the areas of public education, health, safety, and transportation."

In December Snow talked to Sandite Pride about his reservations in running for office and his desire for any other worthy candidate to step up. When nobody came forward for Snow to rally behind, he filed his candidacy as "an obligation to be a voice of reason, common sense, and responsibility for our families and communities."

Snow has a long history of recognition for community service. In 1997 he was named the Oklahoma Administrator of the Year. He was inducted into the Oklahoma Educators Hall of Fame in 2013 and received the Medal for Excellence in Administration. Most recently he was issued a proclamation from the City of Sand Springs for his service to the community in May and received the Cooperative Council for Oklahoma School Administration Lifetime Achievement award earlier this month.

Two and half months of campaigning led to a massive victory over the Democratic field, but Snow was quick to acknowledge that it's only the beginning. In the Tuesday night primary, Snow won 77.04% of the vote against Cory Gage with 12.95% and Andrew Nutter with 10%. 

Snow gave a victory speech at the Snow For Senate Watch Party at Hampton Inn and Suites in Tulsa Hills, expressing his desire "to make it better for kids, to make it better for people that have health needs...to make it better for Oklahoma...for better roads and bridges and infrastructure. Trying to craft a budget that can be sustained and actually work for people and for families and for communities.

"We as a State are at that point in time where enough is enough. I am a different kind of candidate in a lot of ways because this is not my life ambition. I've lived my life ambition, my passion. Now it's more of a purpose, it's more of an obligation. It's more of what I consider to be, 'how are we going to solve the problems we face?' And the solutions are having more people vote, more people in campaigns, have more people participating. I'm going to be at this full time."

Montie Box honored at Salvation Army banquet

Montie Box is honored by the Salvation Army Boys and Girls Club with an award.

By: Scott Emigh, Editor-in-Chief

The Salvation Army Boys and Girls Club of Sand Springs honored longtime Sand Springs entrepreneur and philanthropist Montie Box with a banquet at Hillspring Church Tuesday night. The event also served as a fundraiser for new playground equipment for the Salvation Army facility. 

Stan Clark, founder and owner of Eskimo Joe's, was the keynote speaker, and several other community leaders also spoke at the Army of Stars Banquet. 

Eskimo Joe's founder Stan Clark was the keynote speaker at the Army of Stars Banquet.

Advisory Council Chairman Bob Anderson introduced the man of honor and read off his seemingly never-ending list of accomplishments. Box was then presented proclamations from the City of Sand Springs and the State of Oklahoma from Mayor Mike Burdge and Councilman Phil Nollan, respectively. Nollan presented the State proclamation on behalf of his wife, District 66 Representative Jadine Nollan, who was away at the Capitol. Senator Dan Newberry also gave an address honoring Box. 

Attendance at the event was $40 a chair and had more than 100 in attendance. The event concluded with a silent auction that generated more than $4,000 in addition to donations taken earlier in the night. 

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Montie Box is a long-time Sand Springs resident with more than half a century of real estate experience. He founded Montie Box Co. in 1958 after graduating from Oklahoma A&M, now Oklahoma State University. He served in the army during the Korean Conflict with the rank of First Lieutenant. 

In 1973 he was named Oklahoma Realtor of the Year. In 1988 he was awarded the Sand Springs Education Association Friend of Education recognition. He was a founding member of the Sand Springs Education Foundation in 1990. In 1992 he was given the honor of life membership on the Tulsa Boys' Home Board of Directors as well as the SS Education Foundation. That same year he was inducted into the Sand Springs Education Hall of Fame. In 1995 he was named Sand Springs Hometown Hero. In 1998 he received the Distinguished Service Award from the National Association of Realtors, which is considered to be the highest honor a realtor can receive and he is a member of the NAR Hall of Fame.

Senator Dan Newberry addresses the crowd and honors Montie Box. Newberry is currently running for reelection against outgoing Superintendent Lloyd Snow.

He served as a regent for Tulsa Community College from 1995-2006 and was the Chairman from 1996-1997. In 2009 he received the Vision in Education Award from TCC. 

His involvement with the Salvation Army goes back 61 years. He was instrumental in getting the new facility built in 1978 at its current location in Sand Springs. He is a life member of the Sand Springs Advisory Council, which is a prestigious appointment only available to members with a minimum of 15 years of outstanding service. He is a former coach and manager of Tulsa and Sand Springs Pee Wee Wrestling and he has served as Ringmaster at the Tulsa State Fair Livestock Auction. 

Lieutenant David Brittle also announced that Box had been confirmed as the 2016 recipient of the prestigious William Booth Award, which is one of the highest honors given by the Salvation Army. He will receive that award in the near future.

Senate approves ‘Stolen Valor’ legislation

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The full Senate approved a measure by Senate President Pro Tempore Brian Bingman and Representative James Leewright that is aimed at ending the practice of “stolen valor.”  The bill was approved 44 to 2.

House Bill 2450, by Bingman and Leewright, increases the fine for an act of “stolen valor,” which involves impersonating a member of the Armed Forces by wearing any decoration or medals awarded to members of the Armed Forces. The fine would be increased from $100 to $1,000 under HB 2450.

“‘Stolen valor’ is a serious offense and is demeaning to those who have served and those who are serving in the military. Increasing the fine for impersonating a veteran should discourage anyone from engaging in this despicable practice. This measure helps protect the integrity and honor that comes with serving in our nation’s Armed Forces. We value that service, our veterans and their families and this measure is one way we can express our gratitude to them,” said Bingman, R-Sapulpa.

The Senate leader noted it was just a week ago that lawmakers met in a special joint session to honor the 45th Infantry and the Oklahoma National Guard.

“Medals were awarded to men and women who exemplify the courage, dedication, patriotism and professionalism that is a hallmark of those who wear a uniform,” Bingman said.  “Those who fraudulently display those medals and decorations will face even stronger penalties once this legislation becomes law.”

Leewright thanked the Senate for their support of the measure.

“It’s incredibly important that we protect the legacy of our veterans from misuse.  I appreciate the bipartisan support this bill has received and look forward to it being signed into law,” said Leewright, R-Bristow.

The bill now heads to the governor’s desk.

Senate President Pro Tempore Bingman and Appropriations Chair Jolley comment on passage of Education and Corrections supplementals

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Senate president Pro Tempore Brian Bingman issued the following statement after the full Senate approved supplemental appropriations for Education and Corrections on Tuesday. 

“Education and public safety are top priorities in the state Senate, which is why we’ve worked hard to shield them from the severe budget cuts other agencies have experienced during these tough times. Unfortunately, state revenues continue to suffer because of the dramatic downturn in oil and gas prices which is why more cuts are necessary to maintain a balanced budget this fiscal year. Using Rainy Day Funds will lessen the impact of these budget cuts on students, while also preventing cuts at state prisons. I appreciate my Senate colleagues for acting quickly on these measures to help these agencies. 

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“We understand the tough job facing teachers and appreciate their hard work. We’ve worked to limit education funding cuts to 1.85 percent in recent years at a time when other agencies have seen budget cuts of as much as 20 to 30 percent. Protecting education funding from such severe budget reductions shows our appreciation for the role teachers play in preparing the next generation of Oklahoma leaders for success. The Senate will continue to pursue reforms to free educators from government red-tape and get more dollars into the classroom so teachers are able to focus more on the most important part of their job: our children.”—Senate President Pro Tempore Brian Bingman, R-Sapulpa

Statement from Senate Appropriations Chair Clark Jolley on approval by the Senate of supplemental appropriations for Education and Corrections:

“Education and public safety are core government services—and it’s crucial for us to provide these funds to help both get through this budget year.

“The reality is the current economic climate is going to impact our state for some time to come, not just in FY 2017, but in FY 2018 as well. These supplemental appropriations will provide relief this year, while ensuring Oklahoma will still have resources available in the Rainy Day Fund for the challenges ahead.”—Senate Appropriations Chair, Clark Jolley, R-Edmond.

Full Senate approves ‘Labor Commissioner Mark Costello Act’; bill aimed at helping mentally ill needing assisted outpatient treatment

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Legislation to help families get assisted outpatient treatment for adult relatives with mental illness before a situation reaches a crisis has been approved by the full Senate.  House Bill 1697, by Sen. AJ Griffin and Rep. Lee Denney, was approved unanimously by the full Senate on Tuesday. The legislation is named the Labor Commissioner Mark Costello Act. Costello’s adult son, Christian, who struggled with mental illness for years, is charged in his father’s 2015 death.

Griffin said only a few decades ago, many with mental illness in this country were institutionalized, often against their will.  With the move toward deinstitutionalization and community based treatment, laws were passed to ensure patients with mental illness could only be forced into treatment if they were an eminent threat to themselves or others.

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 “Unfortunately, by the time that happens, it may be too late to avoid a crisis. It’s especially difficult for families who’ve tried to help children with mental illness, but learn once their child turns 18, their hands are often tied when they attempt to get their son or daughter the treatment they need to be able to function safely at home and in the community,” said Griffin, R-Guthrie. “The Mark Costello Act would give families a path through the courts to get their loved one into assisted outpatient treatment before a tragedy occurs.”

HB 1697 outlines circumstances which would allow judges to order individuals to participate in an assisted outpatient treatment program if petitioned by immediate family members or guardians or those directly involved with the individual’s treatment. The individual must be 18 years or older, under the care of the Department of Mental Health and Substance Abuse, and unlikely to survive safely in the community without supervision.

Denney said before Costello’s death, he had been an advocate for mental health treatment resources in Oklahoma.

“Mental Illness can be especially hard to address, because the illness itself can cause a person to resist the help of loved ones,” said Denney, R-Cushing. “Mark Costello was very vocal about the need to do more in Oklahoma. His wife, Cathy, is continuing that advocacy and I am proud to collaborate with her and Senator Griffin on this legislation. We hope that it will give judges a tool that can be used to help those afflicted by mental illness.”

Cathy Costello spoke in favor of HB 1697 when it was approved by the Senate Health and Human Services Committee last month. She watched from the Senate gallery as the measure was approved.

“I’m grateful to Senator Griffin and Representative Denney for their hard work on this legislation. It’s heartbreaking for families who struggle to get help for their adult children or other relatives only to hit a wall because current law doesn’t allow for intervention until they’re a danger to themselves or others—and by then it may be too late,” Costello said. “I believe this bill can help Oklahoma families before they face a tragedy like our family experienced.”

The measure now returns to the House for consideration of Senate amendments.

Senate passes Holt legislation to avoid future budget shortfalls

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The Senate has passed Senate Joint Resolution 44, authored by Sen. David Holt, by a vote of 46-1. The legislation, approved Monday, would give the people of Oklahoma the opportunity to measure the current 15 percent cap on the state’s Rainy Day Fund against the total state budget of approximately $24 billion. Currently, the Rainy Day Fund’s 15 percent cap is measured against the artificially smaller number of “general revenue fund certification” that was just $5.6 billion for the most recent budget, less than a quarter of the dollar amount actually spent by the state. The recent drop in energy prices has created a budget shortfall of $1.3 billion that far exceeds the maximum amount of approximately $850 million that the Rainy Day Fund could have held under the current cap.

“We’ve lived in an energy-based economy long enough to know these price drops are going to happen and we need to have a savings account that is adequate to the task,” said Holt, R-Oklahoma City. “Out of this current budget crisis, I can think of no greater gift we can give future generations than to put a savings plan in place that will give us the security we need to avoid future shortfalls like this. The lessons we’re learning in this crisis need to be applied today, while they are fresh. Putting an appropriate cap in place is the first step. The current cap is measured against a dollar amount that has no particular relevance, it provides a false sense of security, and it has utterly failed us.”

SJR 44 now proceeds to the House for consideration. Because the cap on the Rainy Day Fund is part of the Constitution, amending it requires a vote of the people. If SJR 44 passes the House, it would be placed on the November, 2016 ballot for consideration by the voters.

Senate gives passing grade to legislation for unruly students

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OKLAHOMA CITY – Legislation was approved late Wednesday to give local school boards an alternative to suspension and expulsion to keep unruly students in the classroom. Sen. Ron Sharp is the author of Senate Bill 911 to allow school boards to create a policy where teachers can assign community service for those students who misbehave rather than suspending or expelling them.

“Having been a teacher for 38 years, I know that suspension and expulsion only hurts a student further academically. It does nothing to address the child’s discipline problems and it typically puts the student further behind in their studies because they don’t do their work when they’re at home,” said Sharp, R-Shawnee. “We need to find an alternative that keeps students who misbehave in the classroom but still holds them accountable for their actions.  Community service is a great solution.”

Sharp worked with the Professional Oklahoma Educators (POE); the American Federation of Teachers (AFT); and the Oklahoma Education Association (OEA) in drafting the legislation.
SB 911 would allow local boards of education to have the option of adopting a system that requires students to perform community service for violating the district’s behavioral policy.  
The measure passed 32-13 with those opposed raising concerns about students doing community service as a punishment. Sharp noted that good students who do not misbehave are required to do community service for many things.

“I was puzzled by some of the debate against this bill. Good, responsible students are required to do community service for the Boy/Girls Scouts and other community organizations as well as to apply for scholarships and other awards. Many do community service simply because they want to help others and be involved in their communities,” said Sharp. “I was disappointed in the debate suggesting that making unruly students do community service was somehow ‘child labor’ or a sign of ‘criminal behavior’.  Educators simply want an alternative to keep these students in the classroom while teaching them respect and to take responsibility for their actions. They’re obviously not learning how to follow the rules at home and when they’re adults if they don’t follow the rules, they’ll be facing more serious consequences than community service.”

The bill now moves to the House for further consideration. 

Senate approves tax refund donation for indigent veteran burials

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OKLAHOMA CITY – There are currently estimated to be over 300 homeless veterans in Oklahoma. The Oklahoma Funeral Directors Association says that statewide they bury approximately 25 indigent veterans each year and absorb the costs of the funerals. On Wednesday, the Senate unanimously approved Senate 1134, by Sen. Frank Simpson, which would provide a funding mechanism for the Oklahoma Department of Veterans Affairs’ (ODVA) Indigent Veteran Burial Program. 

“Our veterans served our nation honorably, sacrificing of themselves to help others. The least we can do as a society is to ensure that they are honorably laid to rest with dignity,” said Simpson, R-Springer. “This bill will allow citizens and businesses to donate a portion or all of their income refund to this burial program to help our indigent veterans.”

Under SB 1134, each state individual income tax return form and each state corporate tax return form for tax years beginning after Dec. 31, 2016, would contain a provision to allow a donation from a tax refund for the benefit of ODVA’s Indigent Veteran Burial Program. A revolving fund would be created in the State Treasury for the program. 

The measure would also allow donations to be received from private individuals, veteran’s organizations, charitable groups and any other entities wishing to make donations directly to the fund.

The ODVA would be able to use the funds to reimburse cemeteries or funeral homes for costs associated with burying indigent veterans. 

SB 1134 is a companion bill to SB 398, which was introduced last session and is awaiting further consideration in the General Conference Committee on Appropriations. SB 398 seeks to create the Indigent Veteran Burial Program.

SB 1134 will next be heard in the House. 

Senate approves measure for statewide vote on modernizing Oklahoma beer and wine sales

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The full Senate has given approval to a measure allowing Oklahomans to decide whether to modernize state laws on beer and wine sales.  Senate Joint Resolution 68, by Sen. Clark Jolley and co-authored by Sen. Stephanie Bice, would let voters make the constitutional changes necessary to allow the sale of wine and strong beer in grocery stores. 

“This is the culmination of months of meetings with all the stakeholders.We’ve had a lot of hard conversations with everyone involved,” said Jolley, R-Edmond. “The very nature of most complex issues is that no one person or entity will get everything exactly the way they want it.  But Oklahomans from across the state are frustrated with outdated laws on beer and wine sales. Our goal is to make sure it is a comprehensive approach, addressing the changes needed in both the constitution and in the statutes.”

Senate President Pro Tempore Brian Bingman is also a co-author of SJR 68.

“This bill gives Oklahomans what they have sought for years: the opportunity to modernize our state’s alcohol laws and bring us in line with practically all other states. If approved by the voters, this measure introduces more options and choice for consumers and will spur growth and economic development in the industry. I appreciate Senators Jolley and Bice for their determined work in guiding this measure through the process.”

While SJR 68 would allow voters to make the constitutional changes necessary, Sen. Stephanie Bice is principal author of Senate Bill 383, co-authored by Jolley, which would make the statutory changes needed to modernize Oklahoma laws on beer and wine sales.

“Compromise does not come easily, but Oklahoma citizens have spoken loud and clear. They’re tired of living under laws they see as a throw-back to prohibition, something that ended in our state nearly 57 years ago—they want the same consumer choices people in most other states already enjoy,” said Bice, R- Oklahoma City. “Combined, SJR 68 and SB 383 will help us thoroughly address all the changes necessary to make sure that happens.”

SJR 68 now moves to the House of Representatives for further consideration. 

Bill to create “guilty but with mental defect” verdict heads to House

OKLAHOMA CITY – On Tuesday, the Senate gave unanimous approval to a measure to modify the “not guilty by reason of insanity” (NGRI) defense in Oklahoma.  Sen. Ron Sharp said Senate Bill 1214 would add a “guilty but with mental defect” defense for those individuals who are found guilty with a mental illness but who also have an antisocial personality disorder. 

“The not guilty by reason of insanity defense was created for those who are not mentally capable of understanding their actions but now we have people who commit violent crimes trying to use this defense even when the crime was premeditated,” said Sharp, R-Shawnee.  “The law needs to be modified to take into account those who suffer from a mental illness but are still mentally capable of understanding their actions.  They need to be held accountable.”

SB 1214 would provide that anyone who has an antisocial personality disorder and is found guilty with a mental illness cannot use the NGRI plea and must complete the sentence for the crime.  The bill creates the guilty with mental defect and not guilty by reason of mental illness pleas.

Under the legislation, a plea of guilty with mental defect would result in the same sentence that could be imposed on another person convicted of the same crime.  Those found guilty with mental defect would be required to be examined by the state Department of Mental Health with a recommendation to be made within 45 days. 

The bill was requested by Pottawatomie County District Attorney, Richard Smothermon in response to the 2012 murder case involving Jerrod Murray.  Murray kidnapped fellow East Central University student, Generro Sanchez, and shot him multiple times.  Murray confessed, with no emotion or remorse, to the murder saying he just wanted to see what it felt like to kill someone.  He was charged with murder but, under Oklahoma law, found not guilty by reason of insanity.  He was then sentenced to imprisonment in the Oklahoma Forensic Center until such time that he is found to not be a danger to himself or others.

“This bill targets the most dangerous criminals who have mental illnesses but will never be cured by treatment; the ones that kill just to kill or hurt others because they get pleasure from it,” said Smothermon.  “This bill would allow a jury to send these criminals to prison rather than a mental hospital, which is where they deserve to be.”

Smothermon and Sanchez’ mother, Jeana West, were in the Senate gallery to listen to the debate on SB 1214.

The bill will now go to the House for further consideration.