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