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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1267 By: Rader
AS INTRODUCED
An Act relating to the Oklahoma Criminal Discovery
Code; 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 disclosure of
evidence; requiring certain disclosures by the state;
modifying time to disclose certain evidence pre-
trial; requiring electronic submission of certain
report; modifying definition; requiring certain
disclosure by the defense; updating statutory
language; making language gender neutral; updating
statutory references; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 of the defense, the The state shall disclose to
the defense the following:
a. the names and addresses of witnesses which that the
state intends to call at trial, together with their
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relevant, written or recorded statement, if any, or if
none, significant summaries of any oral statement,
b. any law enforcement reports, offense reports,
supplemental reports, body-worn camera footage,
dashcam footage, and 9-1-1 audio recordings made in
connection with the particular case in the form or
forms in which such evidence is ordinarily maintained
or in a reasonably usable form,
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, including, but not
limited to, preliminary reports, screening results,
and analyses performed or stored electronically, and
the underlying raw data, documentation, testing
protocols, and laboratory validation studies used to
generate any report in their native format where
feasible,
e. any books, papers, documents, photographs, tangible
objects, buildings, or places which that the
prosecuting attorney intends to use in the hearing or
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trial or which that 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 sheet or 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 a witness, except
OSBI rap sheet/record sheet or record checks shall not
provide date of birth, Social Security number, home
phone number, or home 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
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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, the state shall disclose at
least ten (10) thirty (30) days prior to trial:
(1) the complete criminal history of such the
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 the
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,
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(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 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
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to this section by each district attorney’s office. A
copy of the report shall be distributed electronically
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
the custody of the Department of Corrections.
Informant shall also include a person who provides, or
who the prosecutor intends to provide, testimony about
admissions or other relevant information pursuant to a
deal, promise, inducement, or benefit between the
person and the state.
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 that the
defense intends to call at trial, together with their
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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, and
c. the names and 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 or her
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 this subsection or subsection A or B of this section is not
admissible in evidence at trial. Information obtained as a result
of a statement filed under this subsection or 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
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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 that is within
the defendant’s possession or control and which that:
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.
4. With respect to each expert the defense intends to call as a
witness at the hearing, the defense shall provide to the state a
curriculum vitae and written description of the substance of the
proposed testimony of the expert, the expert’s opinion, and the
underlying basis for that opinion. If the substance of the proposed
testimony, the expert’s opinion, and the basis of that opinion are
contained in a disclosed expert report, the defense shall not be
required to provide a written description.
C. Continuing Duty to Disclose.
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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 or after
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) 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. 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
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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,
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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, 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. 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
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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 that is deemed to include
legal research or those portions of records, correspondence,
reports, or memoranda which that 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 party; however,
any item which that 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 Oklahoma Indigent Defender
Defense System, unless otherwise provided by law.
SECTION 2. This act shall become effective November 1, 2026.
60-2-2238 BLB 12/17/2025 1:46:26 PM