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ENGROSSED SENATE
BILL NO. 731 By: Stanley of the Senate
and
Miller of the House
An Act relating to the Oklahoma Evidence Code;
amending 12 O.S. 2021, Section 2803.1, as last
amended by Section 1, Chapter 104, O.S.L. 2024 (12
O.S. Supp. 2024, Sec tion 2803.1), which relates to
hearsay; modifying certain hearsay exception to
include statements by vulnerable adults; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 2803.1, as
last amended by Section 1, Chapter 104, O.S.L. 2024 (12 O.S. Supp.
2024, Section 2803.1), is amended to read as follows:
Section 2803.1. A. The following statements are admissible in
juvenile deprived proceedings and pre-trial and post-trial criminal
and juvenile delinquent proceedings including preliminary hearings,
prosecutive merit hearings, and hearings on the re vocation of
probation or acceleration of a deferred judgment:
1. A statement made by a child who has no t attained sixteen
(16) years of age at the time the statement is made, a child sixteen
(16) years of age or older who has a disability, or a person who is
an incapacitated person or vulnerable adult as defined by Section
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10-103 of Title 43A of the Oklahom a Statutes, which describes any
act of physical abuse, domestic abuse, neglect, enabling physical
abuse or neglect against the child or, incapacitated person, or
vulnerable adult or any act of sexual contact, any conduct
proscribed by Sections 741, 745, 74 8, 843.1, 843.2, 843.3, 843.4,
843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118,
1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed
with or on the child or, incapacitated person, or vulnerable adult
by another, or any act o r omission resulting in great bodily injury
to the child or, incapacitated person, or vulnerable adult ; and
2. A statement made by a child who has not attained sixteen
(16) years of age at the time the statement is made, a child sixteen
(16) years of age or older who has a disability, or a person who is
an incapacitated person or vulnerable adult as defined by Section
10-103 of Title 43A of the Oklahoma Statutes, which describes any
act of physical abuse, neglect, or enabling physical abuse or
neglect against another child or, incapacitated person, or
vulnerable adult, any act of sexual contact with another child or,
incapacitated person, or vulnerable adult, any conduct proscribed by
Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111,
1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or
1125 of Title 21 of the Oklahoma Statutes, any act of domestic
abuse, or any act or omission resulting in death or great bodily
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injury to a human being, provided that the child or, incapacitated
person, or vulnerable adult witnessed the act or omission.
B. The following statements are admissible in criminal and
juvenile delinquent trials if the child or, incapacitated person, or
vulnerable adult testifies at the trial whether in person, via
videoconferencing equipment, or other alternative means; if the
child or, incapacitated person, or vulnerable adult does not testify
at the trial and is unavailable as defined by subsection A of
Section 2804 of this title and the requirements for admissibility
pursuant to subsection B of Section 2804 of this title are
satisfied; or if the child or, incapacitated person, or vulnerable
adult does not testify at t he trial and the court determines that
the statement is nontestimonial:
1. A statement made by a child who has not attained sixteen
(16) years of age at the time the statement is made, a child sixteen
(16) years of age or older who has a disability, or a person who is
an incapacitated person or vulnerable adult as defined by Section
10-103 of Title 43A of t he Oklahoma Statutes, which describes any
act of physical abuse, domestic abuse, neglect, enabling physical
abuse or neglect against the child or, incapacitated person, or
vulnerable adult or any act of sexual contact, any conduct
proscribed by Sections 74 1, 745, 748, 843.1, 843.2, 843.3, 843.4,
843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118,
1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed
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with or on the child or, incapacitated person, or vulnerable adult
by another, or any act or omission resulting in great bodily injury
to the child or, incapacitated person, or vulnerable adult ; and
2. A statement made by a child wh o has not attained sixteen
(16) years of age at the time the statement is made, a child sixteen
(16) years of age or older who has a disability, or a person who is
an incapacitated person or vulnerable adult as defined by Section
10-103 of Title 43A of the Oklahoma Statutes, which describes any
act of physical abuse, neglect, or enabling physical abuse or
neglect against another child or, incapacitated person, or
vulnerable adult, any act of sexual conduct with another child or,
incapacitated person, or vulnerable adult, any conduct proscribed by
Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1 111,
1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or
1125 of Title 21 of the Oklahoma Statutes, any act of domestic
abuse, or any act or omission resulting in death or great bodily
injury to a human being, provided that the child or, incapacitated
person, or vulnerable adult witnessed the act or omission.
C. The provisions of the Oklahoma Criminal Discovery Code,
Section 2002 of Title 22 of the Oklahoma Statutes, shall govern the
disclosure and notice requirements of statements offered pur suant to
this section.
D. As used in this section, “disability” means a physical or
mental impairment which substantially limits one or more of the
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major life activities of the child or the child is regarded as
having such an impairment by a competent med ical professional.
SECTION 2. This act shall become effective November 1, 2025.
Passed the Senate the 11th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives