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An Act
ENROLLED HOUSE
BILL NO. 3742 By: Harris and Timmons of the
House
and
Daniels of the Senate
An Act relating to criminal procedure; creating the
Due Process Protection Act of 2026; amending 22 O.S.
2021, Section 258, as amended by Section 2, Chapter
269, O.S.L. 2022 (22 O.S. Supp. 2025, Section 258),
which relates to preliminary examinations and
proceedings; requiring the disclosure of certain
information to the defense; providing construing
provision; authorizing the court to set disclosure
deadline under certain circumstances; 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; establishing time
limitation for completing discovery issues; providing
an exception to certain witnesses; providing for
noncodification; and providing an effective date.
SUBJECT: Criminal procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
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This act shall be known and may be cited as the "Due Process
Protection Act of 2026".
SECTION 2. AMENDATORY 22 O.S. 2021, Section 258, as
amended by Section 2, Chapter 269, O.S.L. 2022 (22 O.S. Supp. 2025,
Section 258), is amended to read as follows:
Section 258. First: A. The witnesses must be examined in the
presence of the defendant, and may be cross-examined by the
defendant. On the request of the district attorney, or the
defendant, all the testimony must be reduced to writing in the form
of questions and answers and signed by the witnesses, or the same
may be taken in shorthand and transcribed without signing, and in
both cases filed with the clerk of the district court, by the
examining magistrate, and may be used as provided in Section 333 of
this title. In no case shall the county be liable for the expense
in reducing such testimony to writing, unless ordered by the judge
of a court of record.
Second: B. The district attorney may, on approval of the county
judge or the district judge, issue subpoenas in felony cases and
call witnesses before the district attorney and have them sworn and
their testimony reduced to writing and signed by the witnesses at
the cost of the county. Such examination must be confined to some
felony committed against the statutes of the state and triable in
that county, and the evidence so taken shall not be receivable in
any civil proceeding. A refusal to obey such subpoena or to be
sworn or to testify may be punished as a contempt on complaint and
showing to the county court, or district court, or the judges
thereof that proper cause exists therefor.
Third: C. No preliminary information shall be filed without the
consent or endorsement of the district attorney, unless the
defendant be taken in the commission of a felony, or the offense be
of such character that the accused is liable to escape before the
district attorney can be consulted. If the defendant is discharged
and the information is filed without authority from or endorsement
of the district attorney, the costs must be taxed to the prosecuting
witness, and the county shall not be liable therefor.
Fourth: D. The convening and session of a grand jury does not
dispense with the right of the district attorney to file complaints
and informations information, conduct preliminary hearings and other
routine matters, unless otherwise specifically ordered, by a written
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order of the court convening the grand jury; made on the court's own
motion, or at the request of the grand jury.
Fifth: E. There shall be no preliminary examinations in
misdemeanor cases.
Sixth: F. A preliminary magistrate shall have the authority to
limit the evidence presented at the preliminary hearing to that
which is relevant to the issues of: (1) whether the crime was
committed, and (2) whether there is probable cause to believe the
defendant committed the crime. Once a showing of probable cause is
made the magistrate shall terminate the preliminary hearing and
enter a bindover order; provided, however, that the preliminary
hearing shall be terminated only if the state made available for
inspection law enforcement reports within the prosecuting attorney's
knowledge or possession at the time to the defendant five (5)
working days prior to the date of the preliminary hearing. The
district attorney shall determine whether or not to make law
enforcement reports available prior to the preliminary hearing. If
reports are made available, the district attorney shall be required
to provide those law enforcement reports that the district attorney
knows to exist at the time of providing the reports, but this does
not include any physical evidence which may exist in the case. This
provision does not require the district attorney to provide copies
for the defendant, but only to make them available for inspection by
defense counsel. In the alternative, upon agreement of the state
and the defendant, the court may terminate the preliminary hearing
once a showing of probable cause is made.
Seventh: G. 1. Upon request of the defense, the state shall
disclose the following not less than thirty (30) days prior to the
preliminary hearing:
a. initial and supplemental reports in the possession of
the district attorney,
b. summaries of any interviews that are intended to be
introduced at preliminary hearing which have not been
provided or summarized in reports provided to the
defense,
c. summaries of any videos that are intended to be
introduced at preliminary hearing which have not been
provided or summarized in reports provided to the
defense,
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d. summaries of victim interviews which have not been
provided or summarized in reports provided to the
defense,
e. video or audio recordings intended to be introduced at
preliminary hearing of any statements made by an adult
victim, adult witness, or the defendant,
f. photographs intended to be introduced at preliminary
hearing,
g. photographic lineups intended to be introduced at
preliminary hearing,
h. deoxyribonucleic acid (DNA) reports intended to be
introduced at preliminary hearing, and
i. 9-1-1 calls intended to be introduced at preliminary
hearing.
2. Nothing in this subsection shall be construed to require the
disclosure of a recording of a statement of a minor.
3. Notwithstanding the thirty-day disclosure requirement
provided for in this subsection, if the preliminary hearing is set
in close proximity to the request date, the court may set a
reasonable time for disclosure under the provisions of this
subsection.
H. A preliminary magistrate shall accept into evidence as proof
of prior convictions a noncertified copy of a Judgment and Sentence
when the copy appears to the preliminary magistrate to be patently
accurate. The district attorney shall make a noncertified copy of
the Judgment and Sentence available to the defendant no fewer than
five (5) days prior to the hearing. If such copy is not made
available five (5) days prior to the hearing, the court shall
continue the portion of the hearing to which the copy is relevant
for such time as the defendant requests, not to exceed five (5) days
subsequent to the receipt of the copy.
Eighth: I. The purpose of the preliminary hearing is to
establish probable cause that a crime was committed and probable
cause that the defendant committed the crime.
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Ninth: J. The preliminary hearing must be set within nine (9)
months from the initial appearance of the defendant. If
commencement of the preliminary hearing is delayed past the nine-
month time limit, a show cause hearing shall be scheduled by the
court to show reason for the delay. If the court fails to find good
cause for the delay, the court shall schedule a preliminary hearing
as soon as practicable.
SECTION 3. 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 of the defense, the state shall disclose the
following:
a. unless otherwise prohibited by law, the names and
addresses, phone numbers, and, if available to the
state, email addresses 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. Phone
numbers and email addresses of victims of domestic
violence, sexual assault, child abuse, stalking, or
violations of a protective order may be maintained by
the office of the district attorney and made available
to defense counsel upon request,
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, and audio and video recordings directly related
to the case,
c. any all written or recorded statements and the
substance of any all oral statements made by the
accused or made by a codefendant to any member of law
enforcement, any member of the office of the
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prosecutor, or any other person or agency involved in
the investigation of the case,
d. any all photographs and lineup materials taken or used
during a lineup procedure, and any notes or reports
made resulting from the lineup procedure. The duty to
disclose lineup materials includes all pre-lineup and
post-lineup instructions given to the witness, as well
as recordings made prior to, during, or following the
lineup procedure, and all initial and subsequent
suspect descriptions obtained from eyewitnesses,
e. 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, all raw data,
worksheets, laboratory notes, diagrams, and peer
review notes or reports and any such records stored
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.
g. any record of prior criminal convictions of the
defendant, or of any codefendant codefendants, and
witnesses that law enforcement or the prosecutor has
interviewed who the state intends to testify,
g. Oklahoma State Bureau of Investigation (OSBI) rap
sheet/records check
h. background checks, 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
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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,
i. dispatch records, 9-1-1 calls, or other emergency
service calls related to the crime. 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. Unless the court rules otherwise for good
cause shown information, pursuant to the provisions of
this 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 in
its possession 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, or
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e. undermines evidence of the identity of the defendant
as a perpetrator of a charged offense.
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.
The prosecutor shall have an ongoing duty to disclose such
information within a reasonable amount of time upon its discovery.
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,
(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,
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(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
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
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were detained or incarcerated in a penal institution
and is limited to a person who:
(1) is a codefendant,
(2) was incarcerated with the defendant at any time,
or
(3) testifies with the promise or expectation of a
benefit.
c. Each district attorney's office shall maintain a
central record that tracks each case in which the
state intended to introduce the testimony of a
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 subparagraph 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 Oklahoma State Senate,
the Speaker of the Oklahoma House of Representatives
and the chairs of the Senate and House Judiciary
Committees. For purposes of this subparagraph,
"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:
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a. the names and, addresses, and phone numbers, and, if
available to the defendant, email 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, the address, phone number, and, if
available to the defense, email 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, phone numbers, and, if
available to the defense, email addresses 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
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
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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) 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.
2. Upon formal arraignment and at the request of either party,
the judge shall issue a scheduling order setting forth timelines for
discovery to be exchanged between the state and the defendant.
3. 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. 4. 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 3 of this
subsection to the defendant or his or her representative.
4. 5. Failure of a law enforcement agency to comply with the
provisions of paragraph 2 3 of this subsection may be punished by
contempt.
5. 6. 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 4
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, 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 3 of this subsection.
E. Regulation of Discovery.
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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 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. The court may impose any
appropriate remedy to cure the failure to comply.
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 Defense System,
unless otherwise provided by law.
SECTION 4. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 22nd day of April, 2026.
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: _________________________________