Measure on the ballot in the 2020 Oklahoma General Election in Oklahoma.
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Get StartedThe measure proposes that a new Article II-A be added to the Oklahoma Constitution, which would, for a person who has never been convicted of a violent felony, prohibit the use of a former felony conviction to increase the statutorily allowable base range of punishment for a subsequent felony conviction, and permit individuals currently incarcerated for felony sentences that were enhanced based on one or more former felony convictions, and who sentences are great than the maximum sentence that may currently be imposed for such felonies, to seek sentence modification in court.
A "YES" vote on State Question No. 805 is a vote to support the prohibition of using prior felonies to increase the allowed base range of punishment for a person later convicted of another felony crime except in cases where the individual has been convicted of a violent felony.
A "NO" vote on State Question No. 805 is a vote to oppose changes to current felony sentencing practices.
"Oklahoma’s incarceration crisis is driven by sentence enhancements, which lead to extreme prison sentences that separate families, disrupt communities and slow down our economy. Enough is enough. State Question 805 will end the use of sentence enhancements for nonviolent offenses, reduce our state’s inflated prison population and strengthen our communities.", in support of State Question No. 805 (Learn more)
"Oklahoma is handing down cruel and unfair sentences for minor crimes. A second conviction for breaking into a shed can result in a life sentence. In Oklahoma an individual served 33 years in prison for writing $400 worth of bad checks, and a mother was sentenced to 15 years for stealing basic necessities and children’s toys from a Walmart. SQ 805 will limit sentences like these that are out of proportion to the crimes.", in support of State Question No. 805 (Learn more)
"The language says that if you commit a “violent crime,” and there are 52 listed, you can have the book thrown at you. However, if you commit any other of the hundreds of criminal acts, including many that are very serious and dangerous, a second offense remains a first offense for punishment. No matter how many times you offend. There is no “enhancement” permitted.", in opposition to State Question No. 805 (Learn more)
"Proposed State Question 805 is a stay-out-of-jail free card. There is always room for reform but not SQ 805. It will result in more criminal activity and more victims. We must not add to the girth of our constitution with this one-size-fits-all experiment. If 805 passes, it cannot be amended by any Legislature at any time.", in opposition to State Question No. 805 (Learn more)
"What we know now is that harsh, punitive, excessive sentences for non-violent offenders do not reduce crime. That method does not increase public safety. What it does do is it adds to instability, it adds to criminogenic risk factors in the life of an individual that has to be in that environment for prolonged periods of time, it tears families apart and it ultimately hurts our economy.", in support of State Question No. 805 (Learn more)
"'Non-violent' may not mean what most you think it does. Examples of 'non-violent' include domestic violence by strangulation, domestic violence with a dangerous weapon, domestic violence against a pregnant woman, domestic violence in the presence of a child, hate crimes, stalking, incest, animal cruelty, drug trafficking and soliciting sex from a minor.", in opposition to State Question No. 805 (Learn more)
This measure seeks to add a new Article II-A to the Oklahoma Constitution. This new Article A excepts and does not apply to persons who have ever been convicted of a violent felony. It would prohibit the use of a former felony conviction to increase the statutorily allowable base range of punishment for a person subsequently convicted of a felony. Individuals who are currently incarcerated for felony sentences that were enhanced based on one or more former felony convictions, and whose sentences are greater than the maximum sentence that may currently be imposed for such felonies, may seek sentence modification in court. The new Article sets forth a detailed process for such sentence modification, including but not limited to requirements for a hearing, appointment of counsel for indigent petitioners, and notification of victims, and requires that the court impose a modified sentence no greater than the current maximum sentence which may be imposed on a person convicted of the same felony with no former felony convictions, and which results in no greater time served in prison than under the original sentence. It establishes an appeal procedure, provides an effective date, and contains a severability clause. Shall the proposal be approved?
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