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SENATE FLOOR VERSION
April 8, 2025
ENGROSSED HOUSE
BILL NO. 2131 By: Kannady of the House
and
Howard of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 340, which relates to procedures
for advising grand juries ; providing limitations on
the use of grand jury transcripts; establishing
notice and hearing procedures for releasing grand
jury transcripts; making hearings closed to the
public; providing an exception; providing limitations
on representing certain parti es; allowing
prosecutions concurrent to civil litigation related
to grand jury transcripts; allowing the disclosure of
transcribed testimony to witnesses under certain
circumstances; making witnesses subject to
restrictions on disclosure; providing penalti es for
violations; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 340, is
amended to read as follows:
Section 340. A. The grand jury may at all reasonable times ask
the advice of the court or of the district attorney. In no event
shall the grand jury be advised as to the sufficiency or
insufficiency of the evidence necessary to return a true bill, in a
matter under investigation before them. The district attorney, with
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or without a regularly appointed assistant district attorney
individually or collectively, or if the district attorney and all of
his or her assistants are disqualified for any reason, a district
attorney or assistant district attorney from another district,
appointed by the Attorney General of Oklahoma pursuant to Sections
215.9 and 215.13 of Title 19 of the Oklahoma Statutes, and where
proper, the Attorney General, or an assistant attorney general, may
at all times appear befo re the grand jury for the purpose of giving
information or advice relative to any matter cognizable before them
and may interrogate witnesses before them whenever he or she thinks
it necessary. A qualified court reporter shall be present and take
the testimony of all witnesses.
B. Upon request, a grand jury transcript of the testimony or
any portion thereof shall be made available to an the attorney for
the accused or, the district attorney, assistant district attorney,
the Attorney General, or an assistant attorney general, at the
expense of the requesti ng party or officer, and, in. In the event
of an indigent accused, at the expense of for the transcript shall
be borne by the state in the same manner and from the same funds as
indigent representation . Any attorney or other person who obtains a
copy of a grand jury transcript shall not reproduce the transcript
in whole or in part or otherwise disclose be prohibited from
disclosing its contents to any person other than his or her attorney
without leave of in the court criminal proceeding, related asset
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forfeiture proceeding, or removal proceeding. A transcript obtained
pursuant to this subsection shall not be used for any purpose other
than in proceedings relating to the grand jury testimony, civil
asset forfeiture proceedings related to an indictment from the grand
jury, or an accusation for removal of a public official from the
grand jury, or in preparation for those proceedings, without good
cause shown supported by clear and convincing evidence after w ritten
motion and hearing before the judge presidin g over the grand jury.
The prosecutor serving as a legal advisor to the grand jury
shall receive timely notice of the motion and hearing and be allowed
an opportunity to object to any order of release of g rand jury
transcripts. The pleadings relating to a request for grand jury
transcripts shall be sealed and any hearing held pursuant to a
request for grand jury transcripts shall be closed to the public
unless the presiding judge of the grand jury finds th at the public
interest in unsealing the pleadings o r opening the hearing to the
public outweighs the public interest in maintaining the secrecy of
the grand jury investigation.
Except in a civil asset forfeiture proceeding related to a grand
jury indictment, an attorney who obtains a copy of a grand jury
transcript pursuant to this subsection shall be precluded from
representing any party in a civil case related to the grand jury
testimony or using the grand jury transcripts to the benefit or
detriment of a party in a civil proceeding.
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Nothing in this subse ction shall prohibit the Attorney General
or a district attorney from prosecuting an indictment or accusation
for removal while his or her office is or has been engaged in
related civil litigation , provided that the grand jury transcripts
or their contents are not provided or disclosed to the staff of the
Attorney General or district attorney involved in the civil
litigation. Nor does this subsection prohibit the attorney for the
accused, district attorney , assistant district attorney, the
Attorney General, or an assistant attorney general from providing to
a witness the transcribed grand jury testimony of that witness for
the sole purpose of preparing the witness for his or her subsequent
testimony at a trial or hearing arising out of a grand jury
indictment, accusation for removal, or civil asset forfeiture action
related to a grand jury indictment. The witness who is provided a
transcript of his or her testimony shall be subject to the same
restrictions on disclosure as any other person .
Violation of this provision subsection shall be a misdemeanor
and may also be punishable as contempt. Provided, nothing in this
section shall prohibit the attorney for the accused, the district
attorney or assistant dist rict attorney from reproducing in whole or
in part the transcribed testimony of a witness he or she anticipates
calling to testify at trial and providing same to said witness for
the sole purpose of preparing for trial.
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C. No other person is permitted to be present during sessions
of the grand jury except the members of the grand jury, the witness
actually under examination, and one attorney representing such
witness, except that an interpreter, when necessary, may be present
during the interrogation of a witness; provided that, no person,
except the members of the grand jury, shall be permitted to be
present during the expression of juror opinions or the giving of
votes upon any matter before the grand jury; provided further that
neither the district attor ney, nor an assistant district attorney,
may be present or participate in an official capacity, as herein
provided, during an investigation by the grand jury of the district
attorney's office, or of any person officially associated with said
office.
SECTION 2. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 8, 2025 - DO PASS