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An Act
ENROLLED HOUSE
BILL NO. 1563 By: Duel of the House
and
Howard of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 710, which relates to the issuance
of subpoena duces tecum; authorizing the issuance of
subpoena duces tecum to businesses and commercial
entities; directing court clerks to issue subpoenas;
allowing attorneys to issue and sign subpoenas on
behalf of a court; providing construing provision
related to interviews of victims; amending 22 O.S.
2021, Section 2002, which relates to the Oklahoma
Criminal Discovery Code; directing law enforcement to
provide certain records to prosecuting agencies
within certain time frame; requiring prosecuting
agencies to make said records available to
defendants; providing penalty for failure to provide
records; authorizing the redaction of certain
information from records; requiring notice to
defendants of said redactions; and providing an
effective date.
SUBJECT: Criminal procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 710, is
amended to read as follows:
Section 710. A. If the books, papers or documents be required,
a direction to the following effect must be continued in the
subpoena:
And you are required also to bring with you the following:
(Describe intelligently the books, papers or documents required).
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B. A subpoena duces tecum may be issued by a defendant to a
business or commercial entity for production of books, papers,
documents, or recordings to be provided to the defendant at a time
and place certain.
C. The court clerk shall issue a subpoena duces tecum
authorized by the provisions of subsection B of this section, signed
and sealed but otherwise blank, to a party requesting it, who shall
complete the subpoena before service. As an officer of the court,
an attorney authorized to practice law in this state may also issue
and sign a subpoena duces tecum authorized by the provisions of
subsection B of this section on behalf of a court in this state.
D. A subpoena duces tecum, authorized by the provisions of this
section, shall not be construed to allow a defendant to access
information or recordings related to interviews of victims in
connection with the particular case.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 2002, is
amended to read as follows:
Section 2002. A. Disclosure of Evidence by the State.
1. Upon request of the defense, the state shall disclose the
following:
a. the names and addresses of witnesses which the state
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. law enforcement reports made in connection with 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,
d. any reports or statements made by experts in
connection with the particular case, including results
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
ENR. H. B. NO. 1563 Page 3
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 convictions 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 witness 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.
2. The state shall provide the defendant any evidence favorable
to the defendant if such evidence is material to either guilt or
punishment.
3. The prosecuting attorney's obligations under this standard
extend to:
a. material and information in the possession or control
of members of 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, and
c. any information in the possession of law enforcement
agencies who have reported 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) 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
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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,
(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 testimony 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, and the number of cases
added during the previous fiscal year pursuant to this
section by each district attorney's office. A copy of
the report shall be distributed to the Governor, the
President Pro Tempore of the Senate, the Speaker of
ENR. H. B. NO. 1563 Page 5
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.
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
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, for testimony relating
to any mental disease, mental defect, or other
condition bearing upon his 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 access at any reasonable
times and in any reasonable manner to inspect, photograph, copy, or
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have reasonable tests made upon any book, paper, document,
photograph, or tangible object which is within the defendant's
possession or control and which:
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 physical 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 inspection 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.
1. 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 discretion of the district attorney.
All issues relating to discovery, except as otherwise provided, will
be 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.
2. Within thirty (30) days of the filing of an endorsed
complaint, indictment, or information in a court of record, law
enforcement shall provide to the prosecuting agency the following
records, if such records exist:
a. body camera videos at the time of arrest,
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b. vehicle-mounted camera videos at the time of arrest,
and
c. a recording of the administration of a sobriety test.
3. Within ninety (90) days of the filing of an endorsed
complaint, indictment, or information, the prosecuting agency shall
make available the records described in paragraph 2 of this
subsection to the defendant or his or her representative.
4. Failure of a law enforcement agency to comply with the
provisions of paragraph 2 of this subsection may be punished by
contempt.
5. The following information may be redacted by the prosecuting
agency from the records provided to a defendant or his or her
representative as required by the provisions of paragraph 3 of this
subsection; provided that, notice of such redactions are given to
the defendant or to his or her representative:
a. information that would violate any requirement to keep
certain juvenile records confidential as provided for
in Title 10A of the Oklahoma Statutes,
b. information that would materially compromise an
ongoing criminal investigation or ongoing criminal
prosecution other than the case involving the
defendant,
c. information that would undermine the assertion of a
privilege to keep the identity of an informant
confidential as provided for in Section 2510 of Title
12 of the Oklahoma Statutes,
d. information that would identify any person who
provides information to law enforcement or the
information provided by that person when that person
requests anonymity or where disclosure of the identity
of the person or the information provided could
reasonably be expected to threaten or endanger the
physical safety or property of the person or the
physical safety or property of others, or
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e. require production of records or videos that fall
outside the scope permitted under the provisions of
paragraph 2 of this subsection.
E. Regulation of Discovery.
1. Protective and Modifying Orders. Upon motion of the state
or defendant, the court may at any time order that specified
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 available 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 prohibit 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 discovery 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.
F. Reasonable cost of copying, duplicating, videotaping,
developing or any other 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, unless
otherwise provided by law.
SECTION 3. This act shall become effective November 1, 2025.
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Passed the House of Representatives the 21st day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 21st day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________