Oklahoma 2023 Regular Session

Oklahoma House Bill HB2341 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 59th Legislatu re (2023)
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32	32	HOUSE BILL 2341 By: Turner
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38	38	AS INTRODUCED
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40	40	An Act relating to criminal procedure; amending 22
41	41	O.S. 2021, Section 831, which relates to the order of
42	42	trial; directing courts to info rm juries of the range
43	43	of penalties prior to opening statements; and
44	44	providing an effective date .
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50	50	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
51	51	SECTION 1. AMENDATORY 22 O.S. 2021, Section 831, is
52	52	amended to read as follows:
53	53	Section 831. The jury having been impaneled and sworn, the
54	54	trial must proceed in the following order:
55	55	1. If the indictment or information is for a f elony, the clerk
56	56	or district attorney must read it, and state the plea of the
57	57	defendant to the jury. In other cases this formality may be
58	58	dispensed with.
59	59	2. Prior to the opening statement offered by the district
60	60	attorney or other counsel for the state, the court shall inform the
61	61	jury of the full range of penalties for the offense for wh ich the
62	62	defendant has been charged.
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89	89	3. The district attorney, or other counsel for the state, must
90	90	open the case and offer the evidence in support of the indictment or
91	91	information.
92	92	3. 4. The defendant or defendant’s cou nsel shall give an
93	93	opening statement immedia tely after the opening statement of the
94	94	district attorney unless the defendant affirmatively reserves the
95	95	opening statement until the district attorney has reste d the state’s
96	96	case. The defense may offer evidence after the close of the state’s
97	97	case.
98	98	4. 5. The parties may then, respectively, offer rebutting
99	99	testimony only, unless the court for good reason, in furtherance of
100	100	justice, or to correct an evident oversi ght, permit them to offer
101	101	evidence upon their original case.
102	102	5. 6. When the evidence is conclu ded, the attorneys for the
103	103	prosecution may submit to the court written instructions. If the
104	104	questions of law involved in the instructions are to be argued, the
105	105	court shall direct the jury to withdraw during the argume nt, and
106	106	after the argument, must settl e the instructions, and may give or
107	107	refuse any instructions asked, or may modify the same as he deems
108	108	the law to be. Instructions refused shall be marked in wri ting by
109	109	the judge, if modified, modification shall be sho wn in the
110	110	instruction. When the instr uctions are thus settled, the jury, if
111	111	sent out, shall be recalled and the court shall thereupon read the
112	112	instructions to the jury.
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139	139	6. 7. Thereupon, unless the case is submitted to the jury
140	140	without argument, the counsel for the state shall commence, and t he
141	141	defendant or his counsel shall follow, then the counsel for the
142	142	state shall conclude the argument to the jury. During the argument
143	143	the attorneys shall be per mitted to read and comment upon the
144	144	instructions as applied to the evidence given, but shall no t argue
145	145	to the jury the correctness or incorrectness of the propositions of
146	146	law therein contained. The court may permit one or more counsel to
147	147	address the jury on the same side, and may arrange the order in
148	148	which they shall speak, but shall not without th e consent of the
149	149	attorneys limit the time of their arguments. When the arguments are
150	150	concluded, if the court be of the opinion that the jury might be
151	151	misled by the arguments of counsel, he may to prevent the same
152	152	further instruct the jury. All instructio ns given shall be in
153	153	writing unless waived by both parties, and shall be filed and become
154	154	a part of the record in the case.
155	155	SECTION 2. This act shall become effective November 1, 2023.
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157	157	59-1-6615 GRS 01/18/23