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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 309 By: Brooks
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2011, Section 2002, as amended by Section 2,
Chapter 97, O.S.L. 2020 (22 O.S. Sup p. 2020, Section
2002), which relates to disclosure of evidence;
modifying certain designation; deleting definition;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 2002, as
amended by Section 2, Chapter 97, O.S.L. 2020 (22 O.S. Supp. 2020,
Section 2002), is amended to read as follows:
Section 2002. A. Disclosure of Evidence by the Stat e.
1. Upon request of the defense, the state s hall disclose the
following:
a. the names and addresses of witnesses which the state
intends to call at trial, together with their
relevant, written or recorded statement, if any, or if
none, significant summa ries of any oral statement,
b. law enforcement reports made in connection with the
particular case,
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c. any written or recorded statements and the substance
of any oral statements made by the accused or made by
a codefendant,
d. any reports or statements ma de by experts in
connection with the particular case, including results
of physical or mental examinations and of scientific
tests, experiments, or comparisons,
e. any books, papers, documents, photographs, tangible
objects, buildings or places which the p rosecuting
attorney intends to use in the heari ng or trial or
which were obtained from or belong to the accused,
f. any record of prior criminal convictions of the
defendant, or of any codefendant, and
g. Oklahoma State Bureau of Investigation (OSBI) rap
sheet/records check on any witness listed by the state
or the defense as a witness who will testify at trial,
as well as any convictions of any witness revealed
through additional record check s if the defense has
furnished Social Security numbers or date of birth for
their witnesses, except OSBI rap she et/record checks
shall not provide date of birth, Social Security
number, home phone number or address.
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2. The state shall provide the defendant any evidence favorable
to the defendant if such evidence is mat erial to either guilt or
punishment.
3. The prosecuting attorney’s obligations under this standard
extend to:
a. material and information in the possession or control
of members of the prosecutor ’s staff,
b. any information in the possession of law enforc ement
agencies that regularly report to the pro secutor of
which the prosecutor should reasonably know, and
c. any information in the possession of law enforcement
agencies who have reported to the prosecutor with
reference to the particular case of which t he
prosecutor should reasonably know.
4. a. If the state intends to introduce testimony of a
jailhouse an informant, the state shall disclose at
least ten (10) days prior to trial:
(1) the complete criminal history of such informant,
including any dismisse d charges,
(2) any deal, promise, inducement or be nefit that the
state or law enforcement agency has made or may
make in the future to the jailhouse informant in
connection with the testimony of such informant,
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(3) the specific statements or recordings mad e by the
suspect or defendant and the time, place and
manner of the disclosure to the jailhouse
informant,
(4) all other filed cases in which the state intended
to introduce the testimony of the jailhouse
informant in connection with a deal, promise,
inducement or benefit, the nature of the deal,
promise, inducement or benefit, and whether the
testimony was admitted in the case,
(5) whether at any time the jailhouse informant
recanted the testimony or statement, and if so, a
transcript or copy of such recan tation, if any,
and
(6) any other information rele vant to the credibility
of the informant.
b. Each district attorney ’s office shall maintain a
central record that tracks each case in which the
state intended to introduce the testimony of the
jailhouse informant against a suspect or defendant in
connection with a deal, promise, inducement or
benefit, the nature of the deal, promise, inducement
or benefit and whether such testimony or statements
were admitted in the case. Such record shall be sent
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to the District Attorneys Council which shall maintain
a statewide record of such information. Records
maintained pursuant to this paragraph shall only be
accessible to prosecutors and shall not be subject to
the Oklahoma Open Records Act. By September 15 of
each year, the District Attorneys Council shall
publish an annual report of aggregate, de-identified
data regarding the total number of cases tracked
pursuant to this section, and the number of cases
added during the previous fiscal year pursuant to this
section by each district attorney ’s office. A copy of
the report shall be distributed to the Governor, the
President Pro Tempore of the Senate, the Speaker of
the House of Representatives and the chairs of the
Senate and House Judiciary Committees.
c. For purposes of this paragraph, “jailhouse informant”
means a person who provides, or who the prosecutor
intends to provide, testimony about admissions or
other relevant information made to him or her by the
suspect or defendant while both persons were detained
or incarcerated in a penal institution.
B. Disclosure of Evidence by the Defendant.
1. Upon request of the state, the defense shall be required to
disclose the following:
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a. the names and addresses of witnesses which the defense
intends to call at trial, t ogether with their
relevant, written or recorded s tatement, if any, or if
none, significant summaries of any oral statement,
b. the name and address of any witness, other than the
defendant, who will be called to show that the
defendant was not present at the time and place
specified in the information or indictment, together
with the witness’ statement to that fact,
c. the names and addresses of any witness the defendant
will call, other than himself, for testimony relating
to any mental disease, mental de fect, or other
condition bearing upon his mental s tate at the time
the offense was allegedly committed, together with the
witness’ statement of that fact, if the statement is
redacted by the court to preclude disclosure of
privileged communication.
2. A statement filed under subparagraph a, b or c of par agraph
1 of subsection A or B of this section is not admissible in evidence
at trial. Information obtained as a result of a statement filed
under subsection A or B of this section is not admissible in
evidence at trial except to refute the testimony of a witness whose
identity subsection A of this section requires to be disclosed.
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3. Upon the prosecuting attorney ’s request after the time set
by the court, the defendant shall allow him access at any reasona ble
times and in any reasonable manner to inspect, photograph, copy, or
have reasonable tests made upon any book, paper, document,
photograph, or tangible object which is within the defendant ’s
possession or control and which:
a. the defendant intends to o ffer in evidence, except to
the extent that it con tains any communication of the
defendant, or
b. is a report or statement as to a physical or mental
examination or scientific test or experiment made in
connection with the particular case prepared by and
relating to the anticipated testimony of a person w hom
the defendant intends to call as a witness, provided
the report or statement is redacted by the court to
preclude disclosure of privileged communication.
C. Continuing Duty to Disclose.
If, prior to or during trial, a party discovers additional
evidence or material previously requested or ordered, which is
subject to discovery or inspection under the Oklahoma Criminal
Discovery Code, such party shall promptly notify the other party,
the attorney of the other party, or the court of the existence of
the additional evidence or material.
D. Time of Discovery.
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Motions for discovery may be made at the time of the district
court arraignment or thereafter; provided that requests for police
reports may be made s ubject to the provisions of Section 258 of this
title. However, a request pursuant to Section 258 of this title
shall be subject to the discretion of the district attorney. All
issues relating to discovery, except as otherwise provided, will be
completed at least ten (10) days prior to trial. The court may
specify the time, place and manner of making the discovery and may
prescribe such terms and conditions as are just.
E. Regulation of Discovery.
1. Protective and Modifying Orders. Upon motion of the state
or defendant, the court may at any time ord er that specified
disclosures be restricted, or make any other protective order. If
the court enters an order restricting specified disclosures, the
entire text of the material restricted shall be sealed a nd preserved
in the records of the court to be mad e available to the appellate
court in the event of an appeal.
2. Failure to Comply with a Request. If at any time during the
course of the proceedings it is brought to the attention of the
court that a party has failed to comply with this rule, the court
may order such party to permit the discovery or inspection, grant
continuance, or prohibit the party from introducing evidence not
disclosed, or it may enter such other order as it deems just under
the circumstances.
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3. The discovery order shall not incl ude discovery of legal
work product of either attorney which is deemed to include legal
research or those portions of records, correspondence, reports, or
memoranda which are only the opinions, theories, or conclusions of
the attorney or the attorney ’s legal staff.
F. Reasonable cost of copying, duplicating, videotaping,
developing or any other cost associated with this Code for items
requested shall be paid by the party so requesting; however, any
item which was obtained from the defendant by the state of which
copies are requested by the defendant shall be paid by the state.
Provided, if the court determines the defendant is indigent and
without funds to pay the cost of reproduction of the required items,
the cost shall be paid by the Indigent Defender S ystem, unless
otherwise provided by law.
SECTION 2. This act shall become effective November 1, 2021.
58-1-166 PW 1/7/2021 4:17:12 PM