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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2016 By: Pae
AS INTRODUCED
An Act relating to evidence; amending 12 O.S. 2021,
Section 2702, which relates to testimony by experts;
providing for artificial intelligen ce expert
testimony; amending 12 O.S. 2021, Section 2806, which
relates to hearsay; providing for attacking and
supporting creditability of artificial intelligence
expert testimony; and providing an effective date .
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O. S. 2021, Section 2702, is
amended to read as follows:
Section 2702. A. If scientific, technical or other specialized
knowledge will assist the trier of fact to understand the e vidence
or to determine a fact in issue, a witness qualified as an expert by
knowledge, skill, experience, training , or education may testify in
the form of an opinion or otherwise, if:
1. The testimony is based upon sufficient facts or data;
2. The testimony is the product of reliable principles and
methods; and
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3. The witness has applied the principles and methods reliably
to the facts of the case.
B. Where the output of a process or system would be subject to
subsection A of this section, if testifie d to by a human witness,
the proponent must demonstrate to the court that it is more likely
than not that:
1. The output will help the trier of fact to understand the
evidence or to determine a fact in issue;
2. The output is based on sufficient and pert inent inputs and
data, and the opponent has reasonable access to those inputs and
data;
3. The output is the product of reliable principles and
methods; and
4. The output reflects a reliable application of the principles
and methods to the facts of the c ase, based on the process 's or
system's demonstrated reliability under circumstances or conditions
substantially similar to those in the case.
SECTION 2. AMENDATORY 12 O.S. 2021, Section 2806, is
amended to read as follows:
Section 2806. A. When a hearsay statement, or a statement
defined in subparagraph b, c, d or e of paragraph 2 of subsection B
of Section 2801 of this title, has been admitted in evidence, the
credibility of the declarant may be attacked and, if attacked, may
be supported by any evidence which would be admissible for those
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purposes if declarant had testified as a witness. Evidence of a
statement or conduct by the declarant at any time, inconsistent with
the declarant's hearsay statement, is not subject to any r equirement
that the declarant may have been afforded an opportunity to deny or
explain. If the party against whom a hearsay statement has been
admitted calls the declarant as a witness, the party is entitled to
examine the declarant on the statement as if under cross-
examination.
B. When output of a process or system has been admitted in
evidence, and would be a hearsay statement if uttered by a human
declarant, the output 's accuracy may be attacked, and, if attacked,
may be supported by any evidence whic h would be admissible for those
purposes if the output had been uttered by a h uman declarant. The
court may admit evidence of the process 's or system's inconsistent
output, or prior false output where probative of the admitted
output's accuracy, for these purposes as well.
SECTION 3. This act shall become effective November 1, 2025.
60-1-11670 AQH 12/10/24