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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3120 By: Humphrey
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 952, which relates to grounds for
granting new trials; providing gender-neutral
language; modifying circumstances for granting new
trials; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 952, is
amended to read as follows:
Section 952. A court in which a trial has been had upon an
issue of fact has power to grant a new trial when a verdict has been
rendered against a defendant by which his or her substantial rights
have been prejudiced, upon his application by the defendant in the
following cases only:
First. When the trial has been in his or her absence, if the
charge is for a felony.
Second. When the jury have received any evidence out of court,
other than that resulting from a view of the premises.
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Third. When the jury have separated without leave of the court,
after retiring to deliberate on their verdict, and before delivering
or sealing the same, if it be sealed, or have been guilty of any
misconduct by which a fair and due consideration of the case has
been prevented.
Fourth. When the verdict has been decided by lot, or by any
means other than a fair expression of opinion on the part of the
jury.
Fifth. When the court has misdirected the jury in a matter of
law, or has erred in the decision of any question of law arising
during the course of the trial.
Sixth. When the verdict is contrary to law or evidence.
Seventh. When new evidence is discovered, material to the
defendant, and which he or she could not with reasonable diligence
have discovered before the trial, or when it can be shown that the
grand jury was not drawn summoned or impaneled as provided by law,
and that the facts in relation thereto were unknown to the defendant
or his the attorney for the defendant until after the trial jury in
the case was sworn and were not of record. When a motion for a new
trial is made on the ground of newly discovered evidence, the
defendant must produce at the hearing in support thereof affidavits
of witnesses, or he or she may take testimony in support thereof as
provided in Section 5781 494 of this title, and if time is required
by the defendant to procure such affidavits or testimony, the court
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may postpone the hearing of the motion for such length of time as
under all the circumstances of the case may seem reasonable. The
application for a new trial on the ground that the grand jury was
not drawn summoned or impaneled as provided by law may be shown in
like manner.
Eighth. When fraudulent evidence is submitted in the
proceedings by the court or the state or when misconduct or an abuse
of discretion occurs during the proceedings by the court or the
state by which the defendant was prevented from having a fair trial.
SECTION 2. This act shall become effective November 1, 2026.
60-2-14798 GRS 01/03/26