2020 Oklahoma Statutes
Title 22. Criminal Procedure
§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.
