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ENGROSSED HOUSE
BILL NO. 3774 By: Duel of the House
and
Gollihare of the Senate
An Act relating to civil procedure; amending 12 O.S.
2021, Section 2803.1, as amended by Section 1,
Chapter 216, O.S.L. 2023 (12 O.S. Supp. 2023, Section
2803.1), which relates to the admissib ility of
statements of children not having attained certain
age or incapacitated persons ; modifying statements
that are admissible in juve nile deprived proceedings
and pre-trial and post-trial criminal and juvenile
delinquent proceedings; specifying types of abuse;
providing governing law for notice and disclosure of
statements; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 2803.1, as
amended by Section 1, Chapter 216, O.S.L. 2023 (12 O.S. Supp. 2023,
Section 2803.1), is amended to read as follows:
Section 2803.1 A. The following statements are admissible in
juvenile deprived proceedings and pre-trial and post-trial criminal
and juvenile delinquent proceedings including preliminary hearings,
prosecutive merit hearings, and hearings on the revocation of
probation or acceleration of a deferred judgment:
1. A statement made by a ch ild who has not attained sixteen
(16) years of age at the time the statement is made, a child sixteen
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(16) years of age or older who has a disability, or a person who is
an incapacitated person as defined by Section 10-103 of Title 43A of
the Oklahoma Statutes, which describes any act of physical abuse,
domestic abuse, neglect, enabling physical abuse or neglect against
the child or incapacitated person or a ny act of sexual contact, any
conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3,
843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117,
1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes,
performed with or on the child or incapacitated person by another,
is admissible in crimin al and juvenile proceedings in the courts in
this state if:
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 indic ia
of reliability to render the statement inherently trustworthy. In
determining such trustworthiness, the court may consider factors
including but not limited to:
a. the spontaneity and consistent repetition of the
statement,
b. the mental state of the d eclarant,
c. whether the terminology used is unexpected of a child
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:
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a. testifies or is available to testify at the
proceedings in open court or throug h an alternative
method pursuant to the provisions of the Uniform Child
Witness Testimony by Alternative Methods Act or
Section 2611.2 of this titl e, or
b. is unavailable as defined in Section 2804 of this
title as a witness. When the child or incapacitat ed
person is unavailable, the statement may be admitted
only if there is corroborative evidence of the act.
B. A statement may not be admitted under th is section unless
the proponent of the statement makes known to the adverse party an
intention to offer the statement and 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 or any act or omission resulting in great bodily
injury to the child or incapacitated person;
2. A statement made by a child who has not attained sixteen
(16) years of age at the time the statement is made, a child sixteen
(16) years of age or older who has a disability, or a pers on who is
an incapacitated person as defin ed by Section 10-103 of Title 43A of
the Oklahoma Statutes, which describes any a ct of physical abuse,
neglect, or enabling p hysical abuse or negl ect against another c hild
or incapacitated person, any act of sexual contact with another
child or incapacitated person, any conduct proscribed by Sections
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741, 745, 748, 843.1 , 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1,
1112, 1113, 1114, 11 15, 1116, 1117, 1118, 111 9, 1123, or 1125 of
Title 21 of the Oklahoma Statutes, any act of domestic abuse, or any
act or omission resulting in death or great bodily injury to a human
being, provided that the child or incapacitated person witnessed th e
act or omission.
B. The following statements are admissible in criminal and
juvenile delinquent trials if the child or incapacitated person
testifies at the trial whether in person, via videoc onferencing
equipment, or other alternative mea ns; if the child or incapacitated
person does not testify at the trial and is unavailable as defined
by subsection A of Section 2804 of this title and the requirements
for admissibility pursuant to subsection B of Section 2804 of this
title are satisfied; or if the child or incapacitated person does
not testify at the trial and the court determines that the stateme nt
is nontestimonial:
1. A statement made by a child who has not attained sixteen
(16) years of age at the time the statement is made, a child sixteen
(16) years of age or older who h as a disability, or a person who is
an incapacitated person as defined by Section 10-103 of Title 43A of
the Oklahoma Statutes, which describes any act of physical abuse,
domestic abuse, neglect, enabling physical ab use or neglect against
the child or incapacitated person or any act of sexual contact, any
conduct proscribed b y Sections 741, 745, 748, 843.1, 843.2, 843.3,
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843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117,
1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes,
performed with or on the child or incapacitated person by another,
or any act or omission resulting in gr eat bodily injury to the child
or incapacitated person; and
2. A statement made by a child who has not attained s ixteen
(16) years of age at the time the statement is made, a c hild sixteen
(16) years of age or older who has a disability, or a person who is
an incapacitated person as defined by Section 10-103 of Title 43A of
the Oklahoma Statutes, which describes any act of physical abuse ,
neglect, or enabling physical abuse or n eglect against another child
or incapacitated person, any act of sexual conduct with another
child or incapacitated person, any co nduct proscribed by Sections
741, 745, 748, 843.1, 843.2, 843.3 , 843.4, 843.5, or 1111, 1111.1,
1112, 1113, 1114, 1115, 1116, 11 17, 1118, 1119, 1123, or 1125 of
Title 21 of the Oklahoma Statute s, any act of domestic abuse, or any
act or omission resulting in death or great bodily injury to a human
being, provided that the child or incapacitated person witnessed the
act or omission.
C. The provisions of the Oklahoma Criminal Discovery Code,
Section 2002 of Title 22 of the Oklahoma Statutes, shall govern the
disclosure and notice require ments of statements offered pursuant to
this section.
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C. D. As used in this section, "disability" means a physical or
mental impairment which substantially limits one or more of the
major life activities of the child or the child is regarded as
having such an impairment b y a competent medical professional.
SECTION 2. This act shall become effective November 1, 2024.
Passed the House of Representatives the 7th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate