Okla. Stat. tit. 21, § 21-142A-8
This is the official text of Okla. Stat. tit. 21, § 21-142A-8, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.
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Presentation and use of victim impact statement at
Official statutory text
sentencing and parole proceedings.
A. Each victim, or members of the immediate family of each
victim or person designated by the victim or by family members of
the victim, may present a written victim impact statement, which may
include religious invocations or references, or may appear
personally at the sentence proceeding and present the statements
orally. Provided, however, if a victim or any member of the
immediate family or person designated by the victim or by family
members of a victim wishes to appear personally, the person shall
have the absolute right to do so. Any victim or any member of the
immediate family or person designated by the victim or by family
members of a victim who appears personally at the formal sentence
proceeding shall not be cross-examined by opposing counsel;
provided, however, such cross-examination shall not be prohibited in
a proceeding before a jury or a judge acting as a finder of fact. A
written victim impact statement introduced at a formal sentence
proceeding shall not be amended by any person other than the author,
nor shall the statement be excluded in whole or in part from the
court record. The court shall allow the victim impact statement to
be read into the record.
B. If a presentence investigation report is prepared, the
person preparing the report shall consult with each victim or
members of the immediate family or a designee of members of the
immediate family if the victim is deceased, incapacitated or
incompetent, and include any victim impact statements in the
presentence investigation report. If the individual to be consulted
cannot be located or declines to cooperate, a notation to that
effect shall be included.
Oklahoma Statutes - Title 21. Crimes and Punishments Page 162
C. The judge shall make available to the parties copies of any
victim impact statements.
D. In any case which is plea bargained, victim impact
statements shall be presented at the time of sentencing or attached
to the district attorney narrative report. In determining the
appropriate sentence, the court shall consider among other factors
any victim impact statements if submitted to the jury, or the judge
in the event a jury was waived.
E. The Department of Corrections and the Pardon and Parole
Board, in deciding whether to release an individual on parole, shall
consider any victim impact statements submitted to the jury, or the
judge in the event a jury was waived.
A. Each victim, or members of the immediate family of each
victim or person designated by the victim or by family members of
the victim, may present a written victim impact statement, which may
include religious invocations or references, or may appear
personally at the sentence proceeding and present the statements
orally. Provided, however, if a victim or any member of the
immediate family or person designated by the victim or by family
members of a victim wishes to appear personally, the person shall
have the absolute right to do so. Any victim or any member of the
immediate family or person designated by the victim or by family
members of a victim who appears personally at the formal sentence
proceeding shall not be cross-examined by opposing counsel;
provided, however, such cross-examination shall not be prohibited in
a proceeding before a jury or a judge acting as a finder of fact. A
written victim impact statement introduced at a formal sentence
proceeding shall not be amended by any person other than the author,
nor shall the statement be excluded in whole or in part from the
court record. The court shall allow the victim impact statement to
be read into the record.
B. If a presentence investigation report is prepared, the
person preparing the report shall consult with each victim or
members of the immediate family or a designee of members of the
immediate family if the victim is deceased, incapacitated or
incompetent, and include any victim impact statements in the
presentence investigation report. If the individual to be consulted
cannot be located or declines to cooperate, a notation to that
effect shall be included.
Oklahoma Statutes - Title 21. Crimes and Punishments Page 162
C. The judge shall make available to the parties copies of any
victim impact statements.
D. In any case which is plea bargained, victim impact
statements shall be presented at the time of sentencing or attached
to the district attorney narrative report. In determining the
appropriate sentence, the court shall consider among other factors
any victim impact statements if submitted to the jury, or the judge
in the event a jury was waived.
E. The Department of Corrections and the Pardon and Parole
Board, in deciding whether to release an individual on parole, shall
consider any victim impact statements submitted to the jury, or the
judge in the event a jury was waived.
Status: in_force · Read it on the official government site
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