Oklahoma Senate Bill SB231

Oklahoma 2022 Regular Session

• Introduced: 2/1/21
• Refer: 2/2/21

Caption

Depositions in criminal proceedings; authorizing conditional examination of a witness if good cause exists. Effective date.

Impact

The amendments will impact several sections of Title 22 of the Oklahoma Statutes. By allowing for conditional examinations under specified circumstances, the bill seeks to enhance the efficiency of criminal trials and protect defendants' rights to a fair trial. Witnesses, particularly those who are ill or unable to travel, will have their testimonies preserved and can be presented to the court in a manner that fulfills legal requirements, thus helping to avoid potential issues that arise from witness absence during trials.

Summary

Senate Bill 231 amends existing Oklahoma law regarding depositions in criminal proceedings. It authorizes conditional examinations of witnesses when good cause is shown, facilitating the testimony of witnesses who may be unavailable for trial due to illness, infirmity, or imminent departure from the state. This change aims to ensure that material witness testimony can still be included in court proceedings, thereby supporting the integrity of the judicial process.

Contention

Notably, the bill modifies current language to clarify the conditions under which a court may authorize such conditional examinations. This may lead to discussions around the scope of 'good cause' and its interpretation, which has the potential for contention in application. Additionally, by changing terminology to gender-neutral language, the bill takes a step towards inclusivity, although it may invite debate over broader legal reforms.