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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3503 By: Duel
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 2002, as amended by Section 2,
Chapter 327, O.S.L. 2025 (22 O.S. Supp. 2025, Section
2002), which relates to the Oklahoma Criminal
Discovery Code; directing the state to disclose
certain evidence prior to the initial appearance of
defendants; requiring the disclosure of evidence
favorable to the defendant; requiring disclosure
despite its form; declaring the ongoing duty to
disclose information; increasing time limitation for
introducing testimony from informants and
codefendants; updating informant references;
modifying scope of certain defined term; clarifying
disclosure duties of defendants; providing for the
filing of discovery motions any time following
initial appearances; establishing time limitation for
completing discovery issues; providing an exception
to certain witnesses; authorizing courts to compel
discovery or order sanctions; directing courts to
order disclosure of evidence and sanctions upon
certain finding; providing exceptions; directing
courts to make certain considerations when ordering
sanctions; specifying types of available sanctions;
requiring the disclosure of certain documents
favorable to defendants; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 22 O.S. 2021, Section 2002, as
amended by Section 2, Chapter 327, O.S.L. 2025 (22 O.S. Supp. 2025,
Section 2002), is amended to read as follows:
Section 2002. A. Disclosure of Evidence by the State.
1. Upon request Within thirty (30) days of the defense initial
appearance, the state shall disclose the following:
a. unless otherwise prohibited by law, the names and
addresses full contact information, as available to
the state, of witnesses which the state intends to
call at trial interviewed, identified, or known by any
member of law enforcement or any member of the office
of the prosecutor during the course of the
prosecution, together with their relevant, written or
recorded statement, if any, or if none, significant
summaries of any oral statement,
b. all law enforcement reports made in connection with
the particular case, including initial and
supplemental reports by any person or agency involved
in the investigation of the case, photographs,
diagrams, vehicle dashboard camera and body camera
video, audio and video recordings, and any other
tangible means of memorializing information,
c. any all written or recorded statements and the
substance of any all oral statements made by the
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accused or made by a codefendant to any member of law
enforcement, any member of the office of the
prosecutor, or any other person or agency involved in
the investigation of the case,
d. names and full contact information, as available to
the state, of all eyewitnesses interviewed by law
enforcement, whether the witness made a positive
identification or not. All initial and subsequent
suspect descriptions obtained from eyewitnesses. All
photographs and line up materials taken or used during
a line up procedure, and any notes or reports made
resulting from the line up procedure. The duty to
disclose evidence also requires all pre-line up and
post-line up instructions given to the witness to be
produced as well as recordings made prior to, during,
or following the line up procedure,
e. any all reports or statements of examinations or tests
made by experts in connection with the particular
case, including results of physical or mental
examinations and of, preliminary or presumptive tests
and screening results, scientific tests, experiments,
or comparisons, polygraph testing, including all raw
data, worksheets, laboratory notes, diagrams, and peer
review notes or reports and any such records stored
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electronically, and all records of proficiency testing
relating to any testing or analysis,
e. any
f. all books, papers, documents, photographs, tangible
objects, buildings or places which the prosecuting
attorney intends to use in the hearing or trial or
which were obtained from or belong to during the
accused course of the investigation,
f. any record
g. all records of prior criminal convictions of the
defendant, or of any codefendant codefendants, and
witnesses that law enforcement or the prosecutor has
interviewed in the course of the investigation of the
case,
g. Oklahoma State Bureau of Investigation (OSBI) rap
sheet/records
h. full background check, including criminal history, 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
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date of birth, Social Security number, home phone
number or address,
i. dispatch records, 9-1-1 calls, or other emergency
service calls related to the crime or to anyone
charged with the crime resulting from calls related to
the investigation into the case. The prosecution may
withhold the names and identifying information of any
victim who contacted 9-1-1 or other emergency services
provided; however, an application for a protective
order pursuant to the provisions of paragraph 1 of
subsection E of this section may be made. If the
prosecution intends to call such person as a witness
at a trial or hearing, the prosecution shall disclose
the name and contact information, as available to the
state, of such witness no later than thirty (30) days
before such trial or hearing or as soon as
practicable, and
j. the name and work affiliation of all law enforcement
personnel who have evidence or information relevant to
any offense charged or to any potential defense
thereto, including a designation by the prosecutor as
to which of those persons may be called as a witness.
Unless the court rules otherwise for good cause shown,
information pursuant to the provisions of this
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subparagraph relating to undercover personnel may be
withheld and redacted from discovery materials without
the need to file a motion and upon written
notification by the prosecution that such information
has not been disclosed.
2. The state shall provide the defendant any all evidence which
may be favorable to the defendant if such including, but not limited
to, evidence is material to either that:
a. negates the guilt or punishment of the defendant as to
a charged offense,
b. reduces the degree of or mitigates the culpability of
the defendant as to a charged offense,
c. supports a potential defense to a charged offense,
d. impeaches the credibility of a testifying prosecution
witness,
e. undermines evidence of the identity of the defendant
as a perpetrator of a charged offense,
f. provides a basis for a motion to suppress evidence, or
g. mitigates punishment.
Information under the provisions of this paragraph shall be
disclosed whether or not such information is recorded in tangible
form and irrespective of whether the prosecutor credits the
information.
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The prosecutor shall have an ongoing duty to disclose such
information expeditiously upon its receipt.
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 an informant, including a codefendant, the
state shall disclose at least ten (10) thirty (30)
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
make in the future to the jailhouse informant in
connection with the testimony of such informant,
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(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
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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
the House of Representatives and the chairs of the
Senate and House Judiciary Committees.
c. For purposes of this paragraph, "jailhouse informant"
"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:
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a. the names and addresses full contact information, as
available to defense counsel, 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 full contact information, as
available to defense counsel, 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 full contact information, as
available to defense counsel, of any witness the
defendant will call, other than himself or herself,
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
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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 or her access at any
reasonable times and in any reasonable manner to inspect,
photograph, copy, or 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,
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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 any 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) not less than thirty (30) 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 and consistent with the provisions of this section;
provided, that, in the instance of conflict between any provision of
this section, the earlier timeframe shall be the governing
timeframe.
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,
b. vehicle-mounted camera videos at the time of arrest,
and
c. a recording of the administration of a sobriety test.
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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,
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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, unless said
person is called to testify as a witness at any
hearing or trial, or
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.
a. If at any time during the course of the proceedings it
is brought to the attention of the court that a party
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has failed to comply with this rule, the court may
compel discovery or 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 sanctions.
b. If the court finds that a party violated a disclosure
obligation under the provisions of this section, the
court shall order disclosure as necessary and shall
impose an appropriate sanction, unless the court finds
that:
(1) the failure to comply was harmless, or
(2) the party could not have disclosed the
information earlier with due diligence and the
party disclosed the information immediately upon
its discovery.
c. In considering an appropriate sanction for
nondisclosure or untimely disclosure, a court shall
determine the significance of the information not
timely disclosed, the impact of the violation on the
overall administration of the case, the impact of the
sanction on the party and the victim, and the stage of
the proceedings when the party ultimately made the
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disclosure. Available sanctions shall include, but
not be limited to:
(1) precluding or limiting a witness, the use of
evidence, or an argument supporting or opposing a
charge or defense,
(2) dismissing the case with or without prejudice,
(3) granting a continuance or declaring a mistrial,
if necessary, in the interests of justice,
(4) holding in contempt a witness, a party, or a
person acting under the direction or control of a
party,
(5) imposing costs of continuing the proceeding, or
(6) any other appropriate sanction, including
monetary penalties.
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. Any such records,
correspondence, reports, or memoranda that contain evidence
favorable to the defendant as provided for in paragraph 2 of
subsection A of this section shall be disclosed.
F. Reasonable cost of copying, duplicating, videotaping,
developing or any other cost associated with this Code for items
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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 2. This act shall become effective November 1, 2026.
60-2-15915 GRS 01/14/26