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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1973 By: Williams
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 2002, which relates to the
Oklahoma Criminal Discovery Code; clarifying and
including additional evidentiary disclosure
requirements for prosecutors; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 200 2, is
amended to read as follows:
Section 2002. A. Disclosure of Evidence by the State.
1. Upon request of the defense, the state The prosecution shall
disclose to the defense and permit the defense to discover, inspect,
copy, photograph, and test all i tems and information that relate to
the subject matter of the case and that are in the possession,
custody, and control of the prosecution or persons under the
direction or control of the prosecution including, but not limited
to the following:
a. the names and addresses of witnesses which the state
intends to call at trial, togethe r with their
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relevant, written or recorded statement, if any, or if
none, significant summaries of any oral statement
adequate contact information for all persons other
than law enforcement personnel whom the prosecutor
knows to have evidence or information relevant to any
offense charged or to any potential defense thereto,
including a designation by the prosecutor as to which
of those persons may be called as witnesses ,
b. the name and work affiliation of all law enforcement
personnel whom the prosecutor knows to have evidence
or information relevant to any offense charged or to
any potential defense thereto, including a designation
by the prosecutor as to which of those persons may be
called as witnesses, as well as all reports made in
connection with by these individuals in reference to
the particular case,
c. any written or recorded statements and the substance
of any oral statements made by the accused or made by
a codefendant to a public servant engaged in law
enforcement activity or a person then acti ng under the
direction of the person or in cooperation with the
person,
d. any reports or statements made by experts in
connection with the particular case, including results
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of physical or mental examinations and of scientific
tests, experiments, or comparisons,
e. any books, papers, documents, photographs, tangible
objects, buildings or places which the prosecuting
attorney intends to use in the hearing or trial or
which were obtained from or belong to the accused,
f. any record of prior criminal convicti ons of the
defendant, or of any codefendant, and
g. Oklahoma State Bureau of Investigation (OSBI) rap
sheet/records check on any witness listed by the state
or the defense as a w itness who will testify at trial,
as well as any convictions of any witness revealed
through additional record checks if the defense has
furnished Social Security numbers or date of birth for
their witnesses, except OSBI rap sheet/record checks
shall not provide date of birth, Social Security
number, home phone number or address ,
h. all tapes or other electronic recordings, including
all electronic recordings of 9 -1-1 telephone calls
made or received in connection with the alleged
criminal incident, and a d esignation by the prosecutor
as to which of the recordings under the provisions of
this subparagraph the prosecution intends to introduce
at trial or at a pretrial hearing,
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i. all reports, documents, records, data, calculations ,
or writings including, but not limited to, preliminary
tests, screening results, bench notes, and analyse s
performed or stored electronically concerning physical
or mental examinations, or scientific tests or
experiments or comparisons, relating to the criminal
action or proceeding which were made by or at the
request or direction of a public servant engaged in
law enforcement activity or which were made by a
person whom the prosecutor intends to call as a
witness at trial or a pretrial hearing, or which the
prosecution intends to in troduce at trial or a
pretrial hearing. Information under the provisions of
this subparagraph includes, but is not limited to,
laboratory information management system records
relating to such materials, any preliminary or final
findings of nonconformance with accreditation,
industry or governmental standards or laboratory
protocols, and any conflicting analyses or results by
laboratory personnel regardless of the final analysis
or results of the laboratory. If the prosecution
submitted one or more items for testing to, or
received results from, a forensic science laboratory
or similar entity not under the direction or control
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of the prosecution, the court, on motion of a party,
shall issue subpoenas or orders to such laboratory or
entity to cause material s under this subparagraph to
be made available for disclosure. The prosecution
shall not be required to provide information related
to the results of physical or mental examinations or
scientific tests, experiments or comparisons, unless
and until such examinations, tests, experiments, or
comparisons have been completed,
j. all evidence and information including that which is
known to the police or other law enforcement agencies
acting on behalf of the government in the case that
tends to:
(1) negate the guilt of the defendant as to a charged
offense,
(2) reduce the degree of or mitigate the culpability
of the defendant as to a charged offense,
(3) support a potential defense to a charged offense,
(4) impeach the credibility of a testifying
prosecution witness,
(5) undermine evidence of the identity of the
defendant as a perpetrator of a charged offense,
(6) provide a basis for a motion to suppress
evidence, or
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(7) mitigate punishment.
Information under the provisions of this division
shall be disclosed whet her or not such information is
recorded in tangible form and irrespective of whether
the prosecutor credits the information,
k. a summary of all promises, rewards and inducements
made to, or in favor of, persons who may be called as
witnesses, as well as r equests for consideration by
persons who may be called as witnesses and copies of
all documents relevant to a promise, reward or
inducement, and
l. a list of all tangible objects obtained from or
allegedly possessed by the defendant or a codefendant.
The list shall include a designation by the prosecutor
as to which objects were physically or constructively
possessed by the defendant and were recovered during a
search or seizure by a public servant or an agent
thereof, and which tangible objects were recov ered by
a public servant or an agent thereof after allegedly
being abandoned by the defendant. If the prosecution
intends to prove the possession by the defendant of
any tangible objects by means of a statutory
presumption of possession, the prosecution s hall
designate such intention as to each such object. If
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reasonably practicable, the prosecution shall also
designate the location from which each tangible object
was recovered. There shall also be a right to
inspect, copy, photograph, and test the liste d
tangible objects.
2. Duties of the prosecution. The state prosecutor shall
provide make a diligent, good faith effort to ascertain the
existence of material or information discoverable under paragraph 1
of subsection A of this section and to cause such material or
information to be made available for discovery where it exists but
is not within the possession, custody or control of the prosecutor;
provided, that the prosecutor shall not be required to obtain by
subpoena duces tecum material or informatio n which the defendant any
evidence favorable to the defendant if such evidence is material to
either guilt or punishment may thereby obtain.
3. The prosecuting attorney 's obligations under this standard
extend to:
a. material and information in the posses sion or control
of members of the prosecutor 's staff and those who
report to the prosecutor 's staff,
b. any information in the possession of law enforcement
agencies that regularly report to the prosecutor of
which the prosecutor should reasonably know, an d
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c. any information in the possession of law enforcement
agencies who have re ported to the prosecutor with
reference to the particular case of which the
prosecutor should reasonably know.
4. a. If the state intends to introduce testimony of a
jailhouse informant, the state shall disclose at least
ten (10) thirty (30) days prior to trial:
(1) the complete criminal history of such informant,
including any dismissed charges,
(2) any deal, promise, inducement or benefit that the
state or law enforcement agency has made or may
make in the future to the jailhouse informant in
connection with the testimony of such informant,
(3) the specific statements or recordings made by the
suspect or defendant and the time, place and
manner of the disclosure to the jailhouse
informant,
(4) all other filed cases in which the state intended
to introduce the testimony of the jailhouse
informant in connection with a deal, promise,
inducement or benefit, the nature of the deal,
promise, inducement or benefit, and whether the
testimony was admitted in the case,
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(5) whether at any time the jailhouse informant
recanted the testimony or statement, and if so, a
transcript or copy of such recantation, if any,
and
(6) any other information relevant to the credibility
of the informant.
b. Each district attorney 's office shall maintain a
central record that tracks each case in which the
state intended to introduce the testimony of the
jailhouse informant against a suspect or defendant in
connection with a deal, promise, inducement or
benefit, the nature of the deal, promise, inducement
or benefit and whether such testi mony or statements
were admitted in the case. Such record shall be sent
to the District Attorneys Council which shall maintain
a statewide record of such information. Records
maintained pursuant to this paragraph shall only be
accessible to prosecutors and shall not be subject to
the Oklahoma Open Records Act. By September 15 of
each year, the District Attorneys Council shall
publish an annual report of aggregate, de -identified
data regarding the total number of cases tracked
pursuant to this section, an d the number of cases
added during the previous fiscal year pursuant to this
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section by each district attorney 's office. A copy of
the report shall be distributed to the Governo r, the
President Pro Tempore of the Senate, the Speaker of
the House of Representatives and the chairs of the
Senate and House Judiciary Committees.
c. For purposes of this paragraph, "jailhouse informant"
means a person who provides, or who the prosecutor
intends to provide, testimony about admissions or
other relevant information made to him or her by the
suspect or defendant while both persons were detained
or incarcerated in a penal institution.
5. Supplemental discovery for the defendant. The prosecu tion
shall disclose to the defendant a list of all misconduct and
criminal acts of the defendant not charged in the information, or
previously amended informations, which the prosecution intends to
use at trial for purposes of:
a. impeaching the credibilit y of the defendant, or
b. as substantive proof of any material issue in the
case.
In addition, the prosecution shall designate whether it intends to
use each listed act for impeachment or as substantive proof.
6. Reciprocal discovery for the prosecution. The defendant
shall, subject to constitutional limitations, disclose to the
prosecution and permit the prosecution to discover, inspect, copy or
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photograph, any material and relevant evidence within the possession
or control of the defendant or counsel fo r the defendant that is
discoverable under subparagraphs f, g, h, j, and l of paragraph 1 of
subsection A of this section, which the defendant intends to
introduce at trial or a pretrial hearing, and the names, addresses,
birth dates, and all statements, w ritten or recorded or summarized
in any writing or recording of those persons, other than the
defendant, whom the defendant intends to call as witnesses at a
trial or a pretrial hearing.
7. Redactions permitted. Either party may redact Social
Security numbers and tax numbers from disclosures under the
provisions of this section.
8. Presumption of openness. There shall be a presumption in
favor of disclosure when interpreting the provisions of this
section.
B. Disclosure of Evidence by the Defendant.
1. Upon request of the state, the defense shall be required to
disclose the following:
a. the names and addresses of witnesses which the defense
intends to call at trial, together with their
relevant, written or recorded statement, if any, or if
none, significant summaries of any oral statement,
b. the name and address of any witness , other than the
defendant, who will be called to show that the
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defendant was not present at the time and place
specified in the information or indictment, together
with the witness' statement to that fact,
c. the names and addresses of any witness the defendant
will call, other than himself or herself, for
testimony relating to any mental disease, mental
defect, or other condition bearing upon his or her
mental state at the time the offense was allegedly
committed, together with the witness ' statement of
that fact, if the statement is redacted by the court
to preclude disclosure of privileged communication.
2. A statement filed under subparagraph a, b or c of paragraph
1 of subsection A or B of this section is not admissible in evidence
at trial. Information obtained as a result of a statement filed
under subsection A or B of this section is not admissible in
evidence at trial except to refute the testimony of a witness whose
identity subsection A of this section requires to be disclosed.
3. Upon the prosecuting attorney's request after the time set
by the court, the defendant shall allow him or her access at any
reasonable times and in any reasonable manner to inspect,
photograph, copy, or have reasonable tests made upon any book,
paper, document, photograph, or tangible object which is within the
defendant's possession or control and which:
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a. the defendant intends to offer in evidence, except to
the extent that it contains any communication of the
defendant, or
b. is a report or statement as to a physica l or mental
examination or scientific test or experiment made in
connection with the particular case prepared by and
relating to the anticipated testimony of a person whom
the defendant intends to call as a witness, provided
the report or statement is redacted by the court to
preclude disclosure of privileged communication.
C. Continuing Duty to Disclose.
If, prior to or during trial, a party discovers additional
evidence or material previously requested or ordered, which is
subject to discovery or inspect ion under the Oklahoma Criminal
Discovery Code, such party shall promptly notify the other party,
the attorney of the other party, or the court of the existence of
the additional evidence or material.
D. Time of Discovery.
Motions for discovery may be made at the time of the district
court arraignment or thereafter; provided that requests for police
reports may be made subject to the provisions of Section 258 of this
title. However, a request pursuant to Section 258 of this title
shall be subject to the d iscretion of the district attorney. All
issues relating to discovery, except as otherwise provided, will be
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completed at least ten (10) days prior to trial. The court may
specify the time, place and manner of making the discovery and may
prescribe such terms and conditions as are just.
E. Regulation of Discovery.
1. Protective and Modifying Orders. Upon motion of the state
or defendant, the court may at any time order that sp ecified
disclosures be restricted, or make any other protective order. If
the court enters an order restricting specified disclosures, the
entire text of the material restricted shall be sealed and preserved
in the records of the court to be made availabl e to the appellate
court in the event of an appeal.
2. Failure to Comply with a Request. If at any time during the
course of the proceedings it is brought to the attention of the
court that a party has failed to comply with this rule, the court
may order such party to permit the discovery or inspection, grant
continuance, or prohi bit the party from introducing evidence not
disclosed, or it may enter such other order as it deems just under
the circumstances.
3. The discovery order shall not include discov ery of legal
work product of either attorney which is deemed to include legal
research or those portions of records, correspondence, reports, or
memoranda which are only the opinions, theories, or conclusions of
the attorney or the attorney 's legal staff.
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F. Reasonable cost of copying, duplicating, videotaping,
developing or any ot her cost associated with this Code for items
requested shall be paid by the party so requesting; however, any
item which was obtained from the defendant by the state of which
copies are requested by the defendant shall be paid by the state.
Provided, if the court determines the defendant is indigent and
without funds to pay the cost of reproduction of the required items,
the cost shall be paid by the Indigent Defender System, unl ess
otherwise provided by law.
SECTION 2. This act shall beco me effective November 1, 2025.
60-1-10857 GRS 01/01/24