TULSA, OKLA. (KTUL) — Sources tell NewsChannel 8 that the Tulsa County District Attorney’s office has created a form that requires defendants taking plea bargains to sign their rights away to a lower sentence, under the Oklahoma Survivors’ Act.
The waiver sources showed to NewsChannel 8 states, “As a consequence of said negotiated plea, I am affirmatively stating the Oklahoma Survivor’s Act and any of its benefits do not apply to me. I am waiving my ability to raise a claim under the Oklahoma Survivor’s Act both now at the time of the plea, during a subsequent renovation hearing (if applicable), and after I have been sentenced in a post-conviction setting.”
Signed into law by Governor Kevin Stitt, the law imposes sentencing limits if a judge determines there’s sufficient evidence that domestic abuse played a significant factor in a defendant committing a crime.
“This approach from Tulsa District Attorney Steve Kunzweiler undermines the very protections recently put in place to support and empower domestic abuse survivors,” said Jan Peery, CEO of YWCA-OKC and member of the OK Survivor Justice Coalition.
“No domestic abuse survivor should be coerced into sacrificing their rights for the sake of a plea agreement. Our legal system must uphold and honor the Survivor’s Act process, ensuring that survivors are treated with the dignity and respect they deserve. We cannot understate just how appalling it is to see the Tulsa District Attorney actively working to undermine the rights of domestic abuse survivors.”
The legislation went into effect August 29th and has had at least one application for retroactive sentencing in Tulsa County.
A second retroactive case was filed on Monday in Seminole County.
“The Oklahoma Survivors’ Act represents a beacon of hope for domestic abuse survivors across the state. The idea that Tulsa District Attorney Kunzweiler would pressure domestic abuse survivors to give up their rights under this new law is appalling,” said Colleen McCarty, Co-founder of the Oklahoma Survivor Justice Coalition and Executive Director of Oklahoma Appleseed.
“Domestic abuse survivors deserve full protection and support as they navigate the legal system – not pressure from the District Attorney forcing them to relinquish their rights. We urge the District Attorney to cease this practice in the strongest possible terms. ”
A spokesperson said the Tulsa County District Attorney’s office acknowledgment form is still being “considered,” and issued the following statement:
“The Tulsa County District Attorney’s Office began receiving motions related to the recently enacted Oklahoma Survivor’s Act. Our Office is supportive of victims of domestic violence providing this information to their attorneys should these victims also find themselves as criminal defendants. As such, our Office intends to memorialize whether someone is eligible under the Act at the time of sentencing. If a defendant is eligible, the Act will be factored into their range of punishment and plea. If a defendant is not eligible, an acknowledgment of this fact should be filed at the time of plea. This acknowledgment on the record is not unusual whenever there is a change in the criminal law. For instance, when sex offender and violent offender registries were enacted, criminal defendants needed to acknowledge how those laws would impact them. Similarly, when a foreign national is convicted of a crime in this country, our law obligates that the offender acknowledge his or her immigration status may be impacted. We will continue to uphold the rights of victims in every setting while also advancing common sense solutions to improve the efficiency of the criminal court process.”