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Posted: Oct 16, 2020 10:13 AMUpdated: Oct 16, 2020 10:14 AM

PODCAST: Sen. Julie Daniels on SQ805 and SQ814

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Tom Davis

On the 2020 General Election ballot this fall, there are two state questions: SQ814 and SQ805.

State Senator Julie Daniels sat down with Bartlesville Radio News and explained the questions in detail and laid out the consequences pro and con for each of the measures should the become a part of the state's constitution by the will of the voters.

Listen to this podcast as Senator Daniels provides details, analysis and opinions on these State Questions

SQ805 Overview via Ballotpedia

What would State Question 805 change about non-violent felony sentences?

State Question 805 applies to individuals that are convicted of non-violent felonies. Under Oklahoma state law, a felony offense is a crime where punishment includes imprisonment in the state penitentiary or death. The measure does not apply to those who have ever been convicted of a violent felony. State Question 805 would prohibit a person's former non-violent felony convictions from being used to enhance the person's sentence. In other words, the measure would not allow a convicted person's sentence to be made longer or harsher due to past felony convictions. The measure would provide for sentence modifications (reductions) for eligible individuals that are serving or are set to serve sentences that were enhanced due to past felony convictions. A court could modify a person's sentence to be no greater than the current maximum sentence that would be imposed on a convicted person that had no former felony convictions.[1][2]

SQ814 Overview via Ballotpedia

What would State Question 814 do?

See also: Text of measure and constitutional changes

Oklahoma receives money annually from tobacco companies under the 1998 Master Settlement Agreement (MSA). Of the total MSA payments to the state, 75% is deposited into the Tobacco Settlement Endowment Trust (TSET) Fund— which was designed to fund tobacco use prevention and smoking cessation programs— and 25% is deposited into a special fund, the Tobacco Settlement Fund, which is subject to appropriation by the state legislature. State Question 814 would switch the deposit percentages so that 25% of MSA payments would be deposited in the TSET Fund and 75% would be deposited in the Tobacco Settlement Fund. State Question 814 directs the legislature to appropriate remaining money in the special fund to secure federal matching funds for the Medicaid program.[1][2] The state legislature also passed Senate Bill 1529 to take effect if State Question 814 is approved by voters. SB 1529 makes changes to the percentage of funds in the Tobacco Settlement Fund that are directed to the Attorney General's Evidence Fund so that the amount of money being directed remains about the same ($4.6 million) under current law as under State Question 814[3]


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