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SENATE FLOOR VERSION
February 21, 2023
SENATE BILL NO. 706 By: Pederson, Rader, and
Stephens of the Senate
and
Randleman and Talley of the
House
An Act relating to the Oklahoma Children’s Code;
amending 10A O.S. 2021, Section 1 -4-505, as amended
by Section 1, Chapter 104, O.S.L. 2022 (10A O.S.
Supp. 2022, Section 1 -4-505), which relates to
admissibility of prerecorded statements of child;
updating statutory language; modifying requirements
for certain hearing; repealing 10 A O.S. 2021, Section
1-4-502, which relates to jury trials; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-505, as
amended by Section 1, Chapter 104, O.S.L. 2022 (10A O.S. Supp. 2022,
Section 1-4-505), is amended to read as follows:
Section 1-4-505. A. This section shall apply o nly to a
proceeding brought within the purview of under the Oklahoma
Children’s Code in which a child is alleged to be deprived, and
shall apply only to the statement of that the child or another child
witness.
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B. The recording of an oral statement of the child made before
the proceedings begin is ad missible into evidence if:
1. The court determines in a hearing conducted outside the
presence of the jury that the time, content and totality of
circumstances surrounding the taking of the statement provi de
sufficient indicia of reliability so as to render it inherently
trustworthy. In determining trustworthiness, the court may
consider, among other things, the following factors: the spontaneity
and consistent repetition of the statement, the mental state of the
declarant, whether the terminology used i s unexpected of a child of
similar age or of an incapacitated person, and whether a lack of
motive to fabricate exists; and the child 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 Title 12 of the Oklahoma Statutes,
or
b. is unavailable as a witness as defined in Section 2804
of Title 12 of the Oklahoma Statutes. When the child
is unavailable, such statement may be admitted only if
there is corroborative evidence of the act;
2. No attorney for any party is present when the statement is
made. However, if appropriate facilities are utilized that allow
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observation of the child without the child’s knowledge or awareness
in any way, any such attorney may be present as an observer, but not
as a participant, and no such attorney shall have any right to
intervene, object, or otherwise mak e his or her presence known to
the child before, after, or during the making of the statement of
the child;
3. The recording is both visual and aural and is recorded on
film or videotape or by other electronic means;
4. The recording equipment is capable of making an accurate
recording, the operat or of the equipment is competent, and the
recording is accurate and has not been altered;
5. The statement is not made in response to questioning
calculated to lead the child to make a particular statement or is
otherwise clearly shown to be the child ’s statement and not made
solely as a result of a leading or suggestive question;
6. Every voice on the recording is identified;
7. The person conducting the interview of the child in the
recording is present at th e proceeding and is available to testify
or be cross-examined by any party;
8. Each party to the proceeding is afforded an opportunity to
view the recording before the recording is offered into evidence;
and
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9. A copy of a written transcript of the recor ding transcribed
by a licensed or certi fied court reporter i s available to the
parties.
A statement may not be admitted under this subsection unless the
proponent of the statement makes known to the parties an intention
to offer the statement and the parti culars of the statement at least
ten (10) days in advance of the proceedings to provide the parties
with an opportunity to prepare to answer the statement.
SECTION 2. REPEALER 10A O.S. 2021, Section 1-4-502, is
hereby repealed.
SECTION 3. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 21, 2023 - DO PASS