OK
Oklahoma House Bill HB1973

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1973 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 Req. No. 10857 Page 1 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727
2828 STATE OF OKLAHOMA
2929
3030 1st Session of the 60th Legislature (2025)
3131
3232 HOUSE BILL 1973 By: Williams
3333
3434
3535
3636
3737
3838 AS INTRODUCED
3939
4040 An Act relating to criminal procedure; amending 22
4141 O.S. 2021, Section 2002, which relates to the
4242 Oklahoma Criminal Discovery Code; clarifying and
4343 including additional evidentiary disclosure
4444 requirements for prosecutors; and providing an
4545 effective date.
4646
4747
4848
4949
5050 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5151 SECTION 1. AMENDATORY 22 O.S. 2021, Section 200 2, is
5252 amended to read as follows:
5353 Section 2002. A. Disclosure of Evidence by the State.
5454 1. Upon request of the defense, the state The prosecution shall
5555 disclose to the defense and permit the defense to discover, inspect,
5656 copy, photograph, and test all i tems and information that relate to
5757 the subject matter of the case and that are in the possession,
5858 custody, and control of the prosecution or persons under the
5959 direction or control of the prosecution including, but not limited
6060 to the following:
6161 a. the names and addresses of witnesses which the state
6262 intends to call at trial, togethe r with their
6363
6464 Req. No. 10857 Page 2 1
6565 2
6666 3
6767 4
6868 5
6969 6
7070 7
7171 8
7272 9
7373 10
7474 11
7575 12
7676 13
7777 14
7878 15
7979 16
8080 17
8181 18
8282 19
8383 20
8484 21
8585 22
8686 23
8787 24
8888
8989 relevant, written or recorded statement, if any, or if
9090 none, significant summaries of any oral statement
9191 adequate contact information for all persons other
9292 than law enforcement personnel whom the prosecutor
9393 knows to have evidence or information relevant to any
9494 offense charged or to any potential defense thereto,
9595 including a designation by the prosecutor as to which
9696 of those persons may be called as witnesses ,
9797 b. the name and work affiliation of all law enforcement
9898 personnel whom the prosecutor knows to have evidence
9999 or information relevant to any offense charged or to
100100 any potential defense thereto, including a designation
101101 by the prosecutor as to which of those persons may be
102102 called as witnesses, as well as all reports made in
103103 connection with by these individuals in reference to
104104 the particular case,
105105 c. any written or recorded statements and the substance
106106 of any oral statements made by the accused or made by
107107 a codefendant to a public servant engaged in law
108108 enforcement activity or a person then acti ng under the
109109 direction of the person or in cooperation with the
110110 person,
111111 d. any reports or statements made by experts in
112112 connection with the particular case, including results
113113
114114 Req. No. 10857 Page 3 1
115115 2
116116 3
117117 4
118118 5
119119 6
120120 7
121121 8
122122 9
123123 10
124124 11
125125 12
126126 13
127127 14
128128 15
129129 16
130130 17
131131 18
132132 19
133133 20
134134 21
135135 22
136136 23
137137 24
138138
139139 of physical or mental examinations and of scientific
140140 tests, experiments, or comparisons,
141141 e. any books, papers, documents, photographs, tangible
142142 objects, buildings or places which the prosecuting
143143 attorney intends to use in the hearing or trial or
144144 which were obtained from or belong to the accused,
145145 f. any record of prior criminal convicti ons of the
146146 defendant, or of any codefendant, and
147147 g. Oklahoma State Bureau of Investigation (OSBI) rap
148148 sheet/records check on any witness listed by the state
149149 or the defense as a w itness who will testify at trial,
150150 as well as any convictions of any witness revealed
151151 through additional record checks if the defense has
152152 furnished Social Security numbers or date of birth for
153153 their witnesses, except OSBI rap sheet/record checks
154154 shall not provide date of birth, Social Security
155155 number, home phone number or address ,
156156 h. all tapes or other electronic recordings, including
157157 all electronic recordings of 9 -1-1 telephone calls
158158 made or received in connection with the alleged
159159 criminal incident, and a d esignation by the prosecutor
160160 as to which of the recordings under the provisions of
161161 this subparagraph the prosecution intends to introduce
162162 at trial or at a pretrial hearing,
163163
164164 Req. No. 10857 Page 4 1
165165 2
166166 3
167167 4
168168 5
169169 6
170170 7
171171 8
172172 9
173173 10
174174 11
175175 12
176176 13
177177 14
178178 15
179179 16
180180 17
181181 18
182182 19
183183 20
184184 21
185185 22
186186 23
187187 24
188188
189189 i. all reports, documents, records, data, calculations ,
190190 or writings including, but not limited to, preliminary
191191 tests, screening results, bench notes, and analyse s
192192 performed or stored electronically concerning physical
193193 or mental examinations, or scientific tests or
194194 experiments or comparisons, relating to the criminal
195195 action or proceeding which were made by or at the
196196 request or direction of a public servant engaged in
197197 law enforcement activity or which were made by a
198198 person whom the prosecutor intends to call as a
199199 witness at trial or a pretrial hearing, or which the
200200 prosecution intends to in troduce at trial or a
201201 pretrial hearing. Information under the provisions of
202202 this subparagraph includes, but is not limited to,
203203 laboratory information management system records
204204 relating to such materials, any preliminary or final
205205 findings of nonconformance with accreditation,
206206 industry or governmental standards or laboratory
207207 protocols, and any conflicting analyses or results by
208208 laboratory personnel regardless of the final analysis
209209 or results of the laboratory. If the prosecution
210210 submitted one or more items for testing to, or
211211 received results from, a forensic science laboratory
212212 or similar entity not under the direction or control
213213
214214 Req. No. 10857 Page 5 1
215215 2
216216 3
217217 4
218218 5
219219 6
220220 7
221221 8
222222 9
223223 10
224224 11
225225 12
226226 13
227227 14
228228 15
229229 16
230230 17
231231 18
232232 19
233233 20
234234 21
235235 22
236236 23
237237 24
238238
239239 of the prosecution, the court, on motion of a party,
240240 shall issue subpoenas or orders to such laboratory or
241241 entity to cause material s under this subparagraph to
242242 be made available for disclosure. The prosecution
243243 shall not be required to provide information related
244244 to the results of physical or mental examinations or
245245 scientific tests, experiments or comparisons, unless
246246 and until such examinations, tests, experiments, or
247247 comparisons have been completed,
248248 j. all evidence and information including that which is
249249 known to the police or other law enforcement agencies
250250 acting on behalf of the government in the case that
251251 tends to:
252252 (1) negate the guilt of the defendant as to a charged
253253 offense,
254254 (2) reduce the degree of or mitigate the culpability
255255 of the defendant as to a charged offense,
256256 (3) support a potential defense to a charged offense,
257257 (4) impeach the credibility of a testifying
258258 prosecution witness,
259259 (5) undermine evidence of the identity of the
260260 defendant as a perpetrator of a charged offense,
261261 (6) provide a basis for a motion to suppress
262262 evidence, or
263263
264264 Req. No. 10857 Page 6 1
265265 2
266266 3
267267 4
268268 5
269269 6
270270 7
271271 8
272272 9
273273 10
274274 11
275275 12
276276 13
277277 14
278278 15
279279 16
280280 17
281281 18
282282 19
283283 20
284284 21
285285 22
286286 23
287287 24
288288
289289 (7) mitigate punishment.
290290 Information under the provisions of this division
291291 shall be disclosed whet her or not such information is
292292 recorded in tangible form and irrespective of whether
293293 the prosecutor credits the information,
294294 k. a summary of all promises, rewards and inducements
295295 made to, or in favor of, persons who may be called as
296296 witnesses, as well as r equests for consideration by
297297 persons who may be called as witnesses and copies of
298298 all documents relevant to a promise, reward or
299299 inducement, and
300300 l. a list of all tangible objects obtained from or
301301 allegedly possessed by the defendant or a codefendant.
302302 The list shall include a designation by the prosecutor
303303 as to which objects were physically or constructively
304304 possessed by the defendant and were recovered during a
305305 search or seizure by a public servant or an agent
306306 thereof, and which tangible objects were recov ered by
307307 a public servant or an agent thereof after allegedly
308308 being abandoned by the defendant. If the prosecution
309309 intends to prove the possession by the defendant of
310310 any tangible objects by means of a statutory
311311 presumption of possession, the prosecution s hall
312312 designate such intention as to each such object. If
313313
314314 Req. No. 10857 Page 7 1
315315 2
316316 3
317317 4
318318 5
319319 6
320320 7
321321 8
322322 9
323323 10
324324 11
325325 12
326326 13
327327 14
328328 15
329329 16
330330 17
331331 18
332332 19
333333 20
334334 21
335335 22
336336 23
337337 24
338338
339339 reasonably practicable, the prosecution shall also
340340 designate the location from which each tangible object
341341 was recovered. There shall also be a right to
342342 inspect, copy, photograph, and test the liste d
343343 tangible objects.
344344 2. Duties of the prosecution. The state prosecutor shall
345345 provide make a diligent, good faith effort to ascertain the
346346 existence of material or information discoverable under paragraph 1
347347 of subsection A of this section and to cause such material or
348348 information to be made available for discovery where it exists but
349349 is not within the possession, custody or control of the prosecutor;
350350 provided, that the prosecutor shall not be required to obtain by
351351 subpoena duces tecum material or informatio n which the defendant any
352352 evidence favorable to the defendant if such evidence is material to
353353 either guilt or punishment may thereby obtain.
354354 3. The prosecuting attorney 's obligations under this standard
355355 extend to:
356356 a. material and information in the posses sion or control
357357 of members of the prosecutor 's staff and those who
358358 report to the prosecutor 's staff,
359359 b. any information in the possession of law enforcement
360360 agencies that regularly report to the prosecutor of
361361 which the prosecutor should reasonably know, an d
362362
363363 Req. No. 10857 Page 8 1
364364 2
365365 3
366366 4
367367 5
368368 6
369369 7
370370 8
371371 9
372372 10
373373 11
374374 12
375375 13
376376 14
377377 15
378378 16
379379 17
380380 18
381381 19
382382 20
383383 21
384384 22
385385 23
386386 24
387387
388388 c. any information in the possession of law enforcement
389389 agencies who have re ported to the prosecutor with
390390 reference to the particular case of which the
391391 prosecutor should reasonably know.
392392 4. a. If the state intends to introduce testimony of a
393393 jailhouse informant, the state shall disclose at least
394394 ten (10) thirty (30) days prior to trial:
395395 (1) the complete criminal history of such informant,
396396 including any dismissed charges,
397397 (2) any deal, promise, inducement or benefit that the
398398 state or law enforcement agency has made or may
399399 make in the future to the jailhouse informant in
400400 connection with the testimony of such informant,
401401 (3) the specific statements or recordings made by the
402402 suspect or defendant and the time, place and
403403 manner of the disclosure to the jailhouse
404404 informant,
405405 (4) all other filed cases in which the state intended
406406 to introduce the testimony of the jailhouse
407407 informant in connection with a deal, promise,
408408 inducement or benefit, the nature of the deal,
409409 promise, inducement or benefit, and whether the
410410 testimony was admitted in the case,
411411
412412 Req. No. 10857 Page 9 1
413413 2
414414 3
415415 4
416416 5
417417 6
418418 7
419419 8
420420 9
421421 10
422422 11
423423 12
424424 13
425425 14
426426 15
427427 16
428428 17
429429 18
430430 19
431431 20
432432 21
433433 22
434434 23
435435 24
436436
437437 (5) whether at any time the jailhouse informant
438438 recanted the testimony or statement, and if so, a
439439 transcript or copy of such recantation, if any,
440440 and
441441 (6) any other information relevant to the credibility
442442 of the informant.
443443 b. Each district attorney 's office shall maintain a
444444 central record that tracks each case in which the
445445 state intended to introduce the testimony of the
446446 jailhouse informant against a suspect or defendant in
447447 connection with a deal, promise, inducement or
448448 benefit, the nature of the deal, promise, inducement
449449 or benefit and whether such testi mony or statements
450450 were admitted in the case. Such record shall be sent
451451 to the District Attorneys Council which shall maintain
452452 a statewide record of such information. Records
453453 maintained pursuant to this paragraph shall only be
454454 accessible to prosecutors and shall not be subject to
455455 the Oklahoma Open Records Act. By September 15 of
456456 each year, the District Attorneys Council shall
457457 publish an annual report of aggregate, de -identified
458458 data regarding the total number of cases tracked
459459 pursuant to this section, an d the number of cases
460460 added during the previous fiscal year pursuant to this
461461
462462 Req. No. 10857 Page 10 1
463463 2
464464 3
465465 4
466466 5
467467 6
468468 7
469469 8
470470 9
471471 10
472472 11
473473 12
474474 13
475475 14
476476 15
477477 16
478478 17
479479 18
480480 19
481481 20
482482 21
483483 22
484484 23
485485 24
486486
487487 section by each district attorney 's office. A copy of
488488 the report shall be distributed to the Governo r, the
489489 President Pro Tempore of the Senate, the Speaker of
490490 the House of Representatives and the chairs of the
491491 Senate and House Judiciary Committees.
492492 c. For purposes of this paragraph, "jailhouse informant"
493493 means a person who provides, or who the prosecutor
494494 intends to provide, testimony about admissions or
495495 other relevant information made to him or her by the
496496 suspect or defendant while both persons were detained
497497 or incarcerated in a penal institution.
498498 5. Supplemental discovery for the defendant. The prosecu tion
499499 shall disclose to the defendant a list of all misconduct and
500500 criminal acts of the defendant not charged in the information, or
501501 previously amended informations, which the prosecution intends to
502502 use at trial for purposes of:
503503 a. impeaching the credibilit y of the defendant, or
504504 b. as substantive proof of any material issue in the
505505 case.
506506 In addition, the prosecution shall designate whether it intends to
507507 use each listed act for impeachment or as substantive proof.
508508 6. Reciprocal discovery for the prosecution. The defendant
509509 shall, subject to constitutional limitations, disclose to the
510510 prosecution and permit the prosecution to discover, inspect, copy or
511511
512512 Req. No. 10857 Page 11 1
513513 2
514514 3
515515 4
516516 5
517517 6
518518 7
519519 8
520520 9
521521 10
522522 11
523523 12
524524 13
525525 14
526526 15
527527 16
528528 17
529529 18
530530 19
531531 20
532532 21
533533 22
534534 23
535535 24
536536
537537 photograph, any material and relevant evidence within the possession
538538 or control of the defendant or counsel fo r the defendant that is
539539 discoverable under subparagraphs f, g, h, j, and l of paragraph 1 of
540540 subsection A of this section, which the defendant intends to
541541 introduce at trial or a pretrial hearing, and the names, addresses,
542542 birth dates, and all statements, w ritten or recorded or summarized
543543 in any writing or recording of those persons, other than the
544544 defendant, whom the defendant intends to call as witnesses at a
545545 trial or a pretrial hearing.
546546 7. Redactions permitted. Either party may redact Social
547547 Security numbers and tax numbers from disclosures under the
548548 provisions of this section.
549549 8. Presumption of openness. There shall be a presumption in
550550 favor of disclosure when interpreting the provisions of this
551551 section.
552552 B. Disclosure of Evidence by the Defendant.
553553 1. Upon request of the state, the defense shall be required to
554554 disclose the following:
555555 a. the names and addresses of witnesses which the defense
556556 intends to call at trial, together with their
557557 relevant, written or recorded statement, if any, or if
558558 none, significant summaries of any oral statement,
559559 b. the name and address of any witness , other than the
560560 defendant, who will be called to show that the
561561
562562 Req. No. 10857 Page 12 1
563563 2
564564 3
565565 4
566566 5
567567 6
568568 7
569569 8
570570 9
571571 10
572572 11
573573 12
574574 13
575575 14
576576 15
577577 16
578578 17
579579 18
580580 19
581581 20
582582 21
583583 22
584584 23
585585 24
586586
587587 defendant was not present at the time and place
588588 specified in the information or indictment, together
589589 with the witness' statement to that fact,
590590 c. the names and addresses of any witness the defendant
591591 will call, other than himself or herself, for
592592 testimony relating to any mental disease, mental
593593 defect, or other condition bearing upon his or her
594594 mental state at the time the offense was allegedly
595595 committed, together with the witness ' statement of
596596 that fact, if the statement is redacted by the court
597597 to preclude disclosure of privileged communication.
598598 2. A statement filed under subparagraph a, b or c of paragraph
599599 1 of subsection A or B of this section is not admissible in evidence
600600 at trial. Information obtained as a result of a statement filed
601601 under subsection A or B of this section is not admissible in
602602 evidence at trial except to refute the testimony of a witness whose
603603 identity subsection A of this section requires to be disclosed.
604604 3. Upon the prosecuting attorney's request after the time set
605605 by the court, the defendant shall allow him or her access at any
606606 reasonable times and in any reasonable manner to inspect,
607607 photograph, copy, or have reasonable tests made upon any book,
608608 paper, document, photograph, or tangible object which is within the
609609 defendant's possession or control and which:
610610
611611 Req. No. 10857 Page 13 1
612612 2
613613 3
614614 4
615615 5
616616 6
617617 7
618618 8
619619 9
620620 10
621621 11
622622 12
623623 13
624624 14
625625 15
626626 16
627627 17
628628 18
629629 19
630630 20
631631 21
632632 22
633633 23
634634 24
635635
636636 a. the defendant intends to offer in evidence, except to
637637 the extent that it contains any communication of the
638638 defendant, or
639639 b. is a report or statement as to a physica l or mental
640640 examination or scientific test or experiment made in
641641 connection with the particular case prepared by and
642642 relating to the anticipated testimony of a person whom
643643 the defendant intends to call as a witness, provided
644644 the report or statement is redacted by the court to
645645 preclude disclosure of privileged communication.
646646 C. Continuing Duty to Disclose.
647647 If, prior to or during trial, a party discovers additional
648648 evidence or material previously requested or ordered, which is
649649 subject to discovery or inspect ion under the Oklahoma Criminal
650650 Discovery Code, such party shall promptly notify the other party,
651651 the attorney of the other party, or the court of the existence of
652652 the additional evidence or material.
653653 D. Time of Discovery.
654654 Motions for discovery may be made at the time of the district
655655 court arraignment or thereafter; provided that requests for police
656656 reports may be made subject to the provisions of Section 258 of this
657657 title. However, a request pursuant to Section 258 of this title
658658 shall be subject to the d iscretion of the district attorney. All
659659 issues relating to discovery, except as otherwise provided, will be
660660
661661 Req. No. 10857 Page 14 1
662662 2
663663 3
664664 4
665665 5
666666 6
667667 7
668668 8
669669 9
670670 10
671671 11
672672 12
673673 13
674674 14
675675 15
676676 16
677677 17
678678 18
679679 19
680680 20
681681 21
682682 22
683683 23
684684 24
685685
686686 completed at least ten (10) days prior to trial. The court may
687687 specify the time, place and manner of making the discovery and may
688688 prescribe such terms and conditions as are just.
689689 E. Regulation of Discovery.
690690 1. Protective and Modifying Orders. Upon motion of the state
691691 or defendant, the court may at any time order that sp ecified
692692 disclosures be restricted, or make any other protective order. If
693693 the court enters an order restricting specified disclosures, the
694694 entire text of the material restricted shall be sealed and preserved
695695 in the records of the court to be made availabl e to the appellate
696696 court in the event of an appeal.
697697 2. Failure to Comply with a Request. If at any time during the
698698 course of the proceedings it is brought to the attention of the
699699 court that a party has failed to comply with this rule, the court
700700 may order such party to permit the discovery or inspection, grant
701701 continuance, or prohi bit the party from introducing evidence not
702702 disclosed, or it may enter such other order as it deems just under
703703 the circumstances.
704704 3. The discovery order shall not include discov ery of legal
705705 work product of either attorney which is deemed to include legal
706706 research or those portions of records, correspondence, reports, or
707707 memoranda which are only the opinions, theories, or conclusions of
708708 the attorney or the attorney 's legal staff.
709709
710710 Req. No. 10857 Page 15 1
711711 2
712712 3
713713 4
714714 5
715715 6
716716 7
717717 8
718718 9
719719 10
720720 11
721721 12
722722 13
723723 14
724724 15
725725 16
726726 17
727727 18
728728 19
729729 20
730730 21
731731 22
732732 23
733733 24
734734
735735 F. Reasonable cost of copying, duplicating, videotaping,
736736 developing or any ot her cost associated with this Code for items
737737 requested shall be paid by the party so requesting; however, any
738738 item which was obtained from the defendant by the state of which
739739 copies are requested by the defendant shall be paid by the state.
740740 Provided, if the court determines the defendant is indigent and
741741 without funds to pay the cost of reproduction of the required items,
742742 the cost shall be paid by the Indigent Defender System, unl ess
743743 otherwise provided by law.
744744 SECTION 2. This act shall beco me effective November 1, 2025.
745745
746746 60-1-10857 GRS 01/01/24