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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 619 By: Howard
AS INTRODUCED
An Act relating to hearsay; amending 12 O.S. 2021,
Section 2803.1, which relates to st atements of
children or incapacitated persons; incr easing age for
which certain child testimony is admissible; updating
statutory language; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Secti on 2803.1, is
amended to read as follows:
Section 2803.1. A. A statement made by a child who has not
attained thirteen (13) sixteen (16) years of age at the time the
statement is made, a child thirteen (13) sixteen (16) years of age
or older who has a disability, or a person who is an incapacitated
person as such term is defined by the provisions of Section 10-103
of Title 43A of the Oklahoma Statutes, which describes any act of
physical abuse against the child or incapacitated person or a ny act
of sexual contact performed wit h or on the child or incapacitated
person by another, is admissible in criminal and juvenile
proceedings in the courts in this state if:
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1. The court finds, in a hearing conducted ou tside the presence
of the jury, that the time, content, and totality of circumstances
surrounding the taking of the statement provide sufficient indicia
of reliability so as to render it the statement inherently
trustworthy. In determining such trustworthiness, the court may
consider, among other things, the following factors including but
not limited to:
a. the spontaneity and consistent repetition of the
statement,
b. the mental state of the declarant,
c. whether the terminology used is unexpected of a c hild
of similar age or of an incapacitated person, and
d. whether a lack of motive to fabricate exists; and
2. The child or incapacitated person either:
a. testifies or is available to testify at the
proceedings in open court or through an alternative
method pursuant to the provisions of the Uniform Child
Witness Testimony by Alternative Methods Act or
Section 2611.2 of this title, or
b. is unavailable as defined in Section 2804 of this
title as a witness. When the child or incapacitated
person is unavailable, such the statement may be
admitted only if there is corroborative e vidence of
the act.
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B. A statement may not be admitted under this section unless
the proponent of the statement makes known to the adverse party an
intention to offer the statement a nd the particulars of the
statement at least ten (10) days in advance of the proceedings to
provide the adverse party with an opportunity to prepare to answer
the statement.
C. As used in this section, “disability” means a physical or
mental impairment wh ich substantially limits one or more of the
major life activities of the child or the child is regarded as
having such an impairment by a competent medical professional.
SECTION 2. This act shall become effective November 1, 2023.
59-1-278 TEK 1/17/2023 7:59:33 PM