Okla. Stat. tit. 21, § 21-701.10a: Sentencing proceeding on remand - Murder in the first

degree - Admissibility of evidence.

Notwithstanding subsection A of Section 701.10 of this title,

which requires that the same jury sit in the sentencing phase of a

capital murder trial, the following shall apply:

1. Upon any appeal by the defendant where the sentence is of

death, the appellate court, if it finds prejudicial error in the

sentencing proceeding only, may set aside the sentence of death and

remand the case to the trial court in the jurisdiction in which the

defendant was originally sentenced. No error in the sentencing

proceeding shall result in the reversal of the conviction for a

capital felony. When a capital case is remanded after vacation of a

death sentence, the prosecutor may:

a. move the trial court to impose any sentence authorized

by law at the time of the commission of the crime,

which the trial court shall impose after a non-jury

sentencing proceeding, provided, the original

sentencing proceeding was conducted before the court

or the original sentencing proceeding was conducted

before a jury and both the defendant and the state

waive jury sentencing after remand; or

b. move the trial court to impanel a new sentencing jury

who shall determine the sentence of the defendant,

which may be any sentence authorized by law at the

time of the commission of the crime, provided, the

original sentencing proceeding was conducted before a

jury;

2. If the prosecutor elects to utilize the procedure provided

in paragraph b of subsection 1 of this section, the trial court

shall impanel a new jury for the purpose of conducting new

sentencing proceedings;

3. Resentencing proceedings shall be governed by the provisions

of Sections 701.10, 701.11 and 701.12 of this title;

4. All exhibits and a transcript of all testimony and other

evidence properly admitted in the prior trial and sentencing shall

be admissible in the new sentencing proceeding; additional relevant

evidence may be admitted including testimony of witnesses who

testified at the previous trial;

5. The provisions of this section are procedural and shall

apply retroactively to any defendant sentenced to death;

6. This section shall not be construed to amend the provisions

of Section 701.10 of this title, requiring the same jury to sit in

both the guilt and sentencing phases of the original trial.