Oklahoma 2024 Regular Session

Oklahoma House Bill HB3774 Compare Versions

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Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	30	+	April 9, 2024
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3	34		BILL NO. 3774 By: Duel of the House
4	35
5	36		and
6	37
7	38		Gollihare of the Senate
8	39
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12	43		An Act relating to civil procedure; amending 12 O.S.
13	44		2021, Section 2803.1, as amended by Section 1,
14	45		Chapter 216, O.S.L. 2023 (12 O.S. Supp. 2023, Section
15	46		2803.1), which relates to the admissibility of
16	47		statements of children not having attained certain
17	48		age or incapacitated persons; modifying statements
18	49		that are admissible in juvenile deprived proceedings
19	50		and pre-trial and post-trial criminal and juvenile
20	51		delinquent proceedings; specifying types of abuse;
21	52		providing governing law for notice and disclosure of
22	53		statements; and providing an effective date .
23	54
24	55
25	56
26		-	~~SUBJECT: Civil procedure~~
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27	58
28	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
29		-
30	60		SECTION 1. AMENDATORY 12 O.S. 2021, Section 2803.1, as
31	61		amended by Section 1, Chapter 216, O.S.L. 2023 (12 O.S. Supp. 2023,
32	62		Section 2803.1), is amended to read as follows:
33		-
34	63		Section 2803.1 A. The following statements are admissible in
35	64		juvenile deprived pro ceedings and pre-trial and post-trial criminal
36	65		and juvenile delinquent proceedings including preliminary hearings,
37	66		prosecutive merit hearings, and hearings on the revocati on of
38	67		probation or acceleration of a deferred judgment:
39	68
40		-	1. A statement made by a child who has not attained sixteen
41		-	(16) years of age at the time the statement is made, a child sixteen
42		-	(16) years of age or older who has a disability, or a person who is
43		-	an incapacitated person as defined by Section 10-103 of Title 43A of
44		-	the Oklahoma Statutes, which describes any act of physical abuse,
45		-	domestic abuse, neglect, enabling physical abuse or neglect against
46		-	the child or incapacitated person or a ny act of sexual contact, any ENR. H. B. NO. 3774 Page 2
47		-	conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3,
48		-	843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117,
49		-	1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes,
50		-	performed with or on the child or incapacitated person by another,
51		-	is admissible in crimin al and juvenile proceedings in the courts in
52		-	this state if:
53		-
54		-	1. The court finds, in a hearing conducted ou tside the presence
55		-	of the jury, that the time, content, and totality of circumstances
56		-	surrounding the taking of the statement provide sufficient indic ia
57		-	of reliability to render the statement inherently trustworthy. In
58		-	determining such trustworthiness, the court may consider factors
59		-	including but not limited to:
60		-
61		-	a. the spontaneity and consistent repetition of the
62		-	statement,
63		-
64		-	b. the mental state of the d eclarant,
65		-
66		-	c. whether the terminology used is unexpected of a child
67		-	of similar age or of an incapacitated person, and
68		-
69		-	d. whether a lack of motive to fabricate exists; and
70		-
71		-	2. The child or incapacitated person either:
72		-
73		-	a. testifies or is available to testify at the
74		-	proceedings in open court or through an alternative
75		-	method pursuant to the provisions of the Uniform Child
76		-	Witness Testimony by Alternative Methods Act or
77		-	Section 2611.2 of this titl e, or
78		-
79		-	b. is unavailable as defined in Section 2804 of this
80		-	title as a witness. When the chil d or incapacitated
81		-	person is unavailable, the statement may be admitted
82		-	only if there is corroborative evidence of the act.
83		-
84		-	B. A statement may not be admitted under th is section unless
85		-	the proponent of the statement makes known to the adverse party an
86		-	intention to offer the statement and the particulars of the
87		-	statement at least ten (10) days in advance of the proceedings to
88		-	provide the adverse party with an opportunity to prepare to answer
89		-	the statement or any act or omission resulting in great bodily
90		-	injury to the child or incapacitated person;
91		-	ENR. H. B. NO. 3774 Page 3
92		-	2. A statement made by a child who has not attained sixteen
93		-	(16) years of age at the time the statement is made, a child sixteen
94		-	(16) years of age or older who has a disability, or a pers on who is
95		-	an incapacitated person as defined by Section 10-103 of Title 43A of
96		-	the Oklahoma Statutes, which describes any a ct of physical abuse,
97		-	neglect, or enabling p hysical abuse or negl ect against another child
98		-	or incapacitated person, any act of sexual contact with another
99		-	child or incapacitated person, any conduct proscribed by Sections
100		-	741, 745, 748, 843.1 , 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1,
101		-	1112, 1113, 1114, 11 15, 1116, 1117, 1118, 1119, 1123, or 1125 of
102		-	Title 21 of the Oklahoma Statutes, any a ct of domestic abuse, or any
103		-	act or omission resulting in death or great bodily injury to a human
104		-	being, provided that the child or incapacitated person witnessed th e
105		-	act or omission.
106		-
107		-	B. The following statements are admissible in criminal and
108		-	juvenile delinquent trials if the child or incapacitated person
109		-	testifies at the trial whether in person, via videoc onferencing
110		-	equipment, or other alternative mea ns; if the child or incapacitated
111		-	person does not testify at the trial and is unavailable as defined
112		-	by subsection A of Section 2804 of this title and the requirements
113		-	for admissibility pursuant to subsection B of Section 2804 of this
114		-	title are satisfied; or if the child or incapacitated person does
115		-	not testify at the trial and the court determines that the stateme nt
116		-	is nontestimonial:
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117	94
118	95		1. A statement made by a chi ld who has not attained sixteen
119	96		(16) years of age at the time the statement is made, a child sixteen
120	97		(16) years of age or older who has a disability, or a person who is
121	98		an incapacitated person as defined by Section 10 -103 of Title 43A of
122	99		the Oklahoma Statutes, which describes any act of physical abuse ,
123	100		domestic abuse, neglect, enabling physical abuse or neglect against
124	101		the child or incapacitated person or any act of sexual contact, any
125	102		conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3,
126	103		843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117,
127	104		1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes,
128	105		performed with or on the child or incapacitated person by another,
129		-	or any act or omission resulting in gr eat bodily injury to the child
130		-	or incapacitated person; and
	106	+	is admissible in criminal and juvenile proceedings in the court s in
	107	+	this state if:
	108	+	1. The court finds, in a hearing conducted outside the presence
	109	+	of the jury, that the time, content, and totality of circumstances
	110	+	surrounding the taking of the statement provide sufficient indicia
	111	+	of reliability to render the statemen t inherently trustworthy. In
	112	+	determining such trustworthiness, the court may consider factors
	113	+	including but not limited to:
	114	+	a. the spontaneity and consistent repetition of the
	115	+	statement,
	116	+	b. the mental state of the declarant,
	117	+	c. whether the terminology use d is unexpected of a child
	118	+	of similar age or of an incapacitated person, and
131	119
	120	+	SENATE FLOOR VERSION - HB3774 SFLR Page 3
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	146	+	d. whether a lack of motive to fabricate exists; and
	147	+	2. The child or incapacitated person eit her:
	148	+	a. testifies or is available to testify at the
	149	+	proceedings in open court or thro ugh an alternative
	150	+	method pursuant to the provisions of the Uniform Child
	151	+	Witness Testimony by Alternative Methods Act or
	152	+	Section 2611.2 of this title, or
	153	+	b. is unavailable as defined in Section 2804 of this
	154	+	title as a witness. When the child or incapacit ated
	155	+	person is unavailable, the statement may be admitted
	156	+	only if there is corroborative evidence of the act.
	157	+	B. A statement may not be admitted under this section unless
	158	+	the proponent of the statement makes known to the adverse party an
	159	+	intention to offer the statement and the particulars of the
	160	+	statement at least ten (10) days in advance of the proceedings to
	161	+	provide the adverse party with an opportunity to prepare to answer
	162	+	the statement or any act or omission resulting in great bodily
	163	+	injury to the child or incapacitated person;
132	164		2. A statement made by a child who has not attained sixteen
133	165		(16) years of age at the time the statement is made, a child sixteen
134	166		(16) years of age or older who has a disability, or a person who is
135	167		an incapacitated person as def ined by Section 10-103 of Title 43A of
136		-	the Oklahoma Statutes, which describes any act of physical abuse , ENR. H. B. NO. 3774 Page 4
	168	+	the Oklahoma Statutes , which describes any act of physical abuse,
	169	+	neglect, or enabling physical abuse or neglect against another child
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	171	+	SENATE FLOOR VERSION - HB3774 SFLR Page 4
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	197	+	or incapacitated person, any act of sexual contact with another
	198	+	child or incapacitated person, any conduct proscribed by Sections
	199	+	741, 745, 748, 843.1 , 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1,
	200	+	1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of
	201	+	Title 21 of the Oklahoma Statutes, any act of domestic abuse, or any
	202	+	act or omission resulting in death or great bodily injury to a human
	203	+	being, provided that the child or incapacitated person witnessed the
	204	+	act or omission.
	205	+	B. The following statements are admissible in criminal and
	206	+	juvenile delinquent trials if the child or incap acitated person
	207	+	testifies at the trial whether in person, via videoconferencing
	208	+	equipment, or other alternative means; if the child or incapacitated
	209	+	person does not testif y at the trial and is unavailable as defined
	210	+	by subsection A of Section 2804 of this title and the requirements
	211	+	for admissibility pursuant to subsection B of Section 2804 of this
	212	+	title are satisfied; or if the child or incapacitated person does
	213	+	not testify at the trial and the court determines that the statement
	214	+	is nontestimonial:
	215	+	1. A statement made by a child who has not attained sixteen
	216	+	(16) years of age at the time the statement is made, a child sixteen
	217	+	(16) years of age or older who has a disability, or a person who is
	218	+	an incapacitated person as defined by Section 10 -103 of Title 43A of
	219	+	the Oklahoma Statutes, which describes any act of physical abuse,
	220	+	domestic abuse, neglect, enabling physical abuse or neglect against
	221	+
	222	+	SENATE FLOOR VERSION - HB3774 SFLR Page 5
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	248	+	the child or incapacitated person or any act of sexual contact, any
	249	+	conduct proscribed by Sections 741, 745, 748, 843.1 , 843.2, 843.3,
	250	+	843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117,
	251	+	1118, 1119, 1123, or 1125 of Title 2 1 of the Oklahoma Statutes,
	252	+	performed with or on the child or incapacitated person by another,
	253	+	or any act or omission resulting in great bodily injury to the child
	254	+	or incapacitated person; and
	255	+	2. A statement made by a child who has not attained sixteen
	256	+	(16) years of age at the time the statement is made, a child sixteen
	257	+	(16) years of age or older who has a disability, or a person who is
	258	+	an incapacitated person as defined by Section 10 -103 of Title 43A of
	259	+	the Oklahoma Statutes, which describes any act of physical abuse,
137	260		neglect, or enabling physical abuse or neglect against another child
138	261		or incapacitated person, any act of sexual conduct wit h another
139	262		child or incapacitated person, any conduct proscribed by Sections
140	263		741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1,
141	264		1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of
142	265		Title 21 of the Oklahoma Statutes, any act of do mestic abuse, or any
143	266		act or omission resulting in death or great bodily injury to a human
144	267		being, provided that the child or incapacitated person witnessed the
145	268		act or omission.
146		-
147	269		C. The provisions of the Oklahoma Criminal Discovery Code,
148	270		Section 2002 of Titl e 22 of the Oklahoma Statutes, shall govern the
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149	298		disclosure and notice requirements of statements offered pursuant to
150	299		this section.
151		-
152	300		C. D. As used in this section, "disability" means a physical or
153	301		mental impairment which substantially limits one or more of the
154	302		major life activities of the child or the child is regarded as
155	303		having such an impairment by a competent medical professional.
156		-
157	304		SECTION 2. This act shall become effective November 1, 2024.
158		-	ENR. H. B. NO. 3774 Page 5
159		-	Passed the House of Representatives the 7th day of March, 2024.
160		-
161		-
162		-
163		-
164		-	Presiding Officer of the House
165		-	of Representatives
166		-
167		-
168		-	Passed the Senate the 16th day of April, 2024.
169		-
170		-
171		-
172		-
173		-	Presiding Officer of the Senate
174		-
175		-	OFFICE OF THE GOVERNOR
176		-	Received by the Office of the Governor this ____________________
177		-	day of ___________________, 20_______, at _______ o'clock _______ M.
178		-	By: _________________________________
179		-	Approved by the Governor of the State of Ok lahoma this _________
180		-	day of ___________________, 20_______, at _______ o'clock _______ M.
181		-
182		-
183		-	_________________________________
184		-	Governor of the State of Oklahoma
185		-
186		-	OFFICE OF THE SECRETARY OF STATE
187		-	Received by the Office of the Secretary of State this _____ _____
188		-	day of ___________________, 20_______, at _______ o'clock _______ M.
189		-	By: _________________________________
190		-
	305	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	306	+	April 9, 2024 - DO PASS