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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 231 By: Brooks
AS INTRODUCED
An Act relating to depositions in criminal
proceedings; amending 22 O.S. 2011, Section s 762,
763, 765, and 770, which relate to conditional
examinations; authorizing conditional examinations
when good cause exists; clarifying language;
modifying affidavit statements; authorizing a court
to find good cause; modifying conditions for reading
deposition into evidence; making gender neutral; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Sectio n 762, is
amended to read as follows:
Section 762. When a material witness in any crim inal case is
about to leave the state, or is so sick or infirm as to afford
reasonable grounds for apprehending that he or she will be unable to
attend the trial, or upon a showing that good cause exists, the
defendant or the State of Oklahoma may apply for an order that the
witness be examined conditionally.
SECTION 2. AMENDATORY 22 O.S. 2011, Section 763, is
amended to read as follows:
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Section 763. The application must be made upon affidavit
stating:
First. The nature of the offen se charged.
Second. The state of the proceedings in the action.
Third. The name and residence of the witn ess, and that his or
her testimony is material to the defen se of the action.
Fourth. That the wit ness is about to leave the state ,; or that
the witness is so sick or infirm as to afford reasonable grounds for
apprehending that he or she will not be able to attend the tria l,;
or that the magistrate terminated the preliminary hearing pursuant
to Section 258 of this title and that the witness refuses to grant
an interview to counsel regarding the material issues for trial ; or
that good cause exists requiring that the witness be examined
conditionally.
SECTION 3. AMENDATORY 22 O.S . 2011, Section 765, is
amended to read as follows:
Section 765. If the court or judge is satisfied that the
examination of the witness is necessary , or finds that good cause
exists, an order must be made that the wi tness be examined
conditionally at a sp ecified time and place, and that a copy of the
order be served on counsel for the opposing party within a specified
time before that fixed for the examination. If the witness is a
child under thirteen (13) years of a ge or a vulnerable adult as
defined in Section 10-103 of Title 43A of t he Oklahoma Statutes, the
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court can allow the witness to testify through an alternative method
pursuant to the provisions of the Uniform Child Witness Testimony by
Alternative Methods A ct or Section 2611.2 of Title 12 of the
Oklahoma Statutes.
SECTION 4. AMENDATORY 22 O.S. 2011, Section 770, is
amended to read as fol lows:
Section 770. The deposition or certified copy thereof may be
read in evidence by either pa rty on the at trial upon its appearing
the appearance that the witness is unable to attend by reason of his
or her death, insanity, sickness, or infirmity, or of due to his or
her continued absence from the state. A deposition or a certified
copy thereof, having been ordered pursuant to Section 765 of this
title upon a finding of good cause, may be read in evidence by
either party at trial if there has been no change to the conditions
upon which the order was issued. Upon reading the depositions in
evidence, the same objections may be taken to a question or answer
contained therein as if the w itness had been exam ined orally in
court.
SECTION 5. This act shall become effective November 1, 2021.
58-1-167 PW 1/4/2021 11:37:18 AM