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SENATE FLOOR VERSION - SB1386 SFLR Page 1
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SENATE FLOOR VERSION
March 4, 2026
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1386 By: Gillespie and Prieto of the
Senate
and
Hildebrant and Woolley of
the House
[ courts - pilot project - rules - audio and video
recordings - assessment - provisions - effective
date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2021, Section 1512, is
amended to read as follows:
Section 1512. A. As used in this section, “verified court
reporter shortage” shall mean a budgeted court reporter position
that has remained vacant for more than ninety (90) days or with a
projected retirement within twelve (12) months for which no
successor has been identified.
B. The Supreme Court is authorized to shall establish a pilot
project for the use of videotape audio and video recording equipment
in courtrooms for the production of videotape records audio and
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video recordings for transcripts where court reporters are not
available, if the Supreme Court has funds available that can be used
for this purpose and for the preservation of public access to
judicial records. The pilot project shall be implemented in a
minimum of twelve courtrooms, with preference given to courtrooms
without a court reporter. The Administrative Office of the Courts
shall promulgate rules for the use of audio and video recording
equipment in courtrooms. Rules for use of video equipment in
courtrooms must have the approval of the Supreme Court.
C. Rules promulgated pursuant to subsection B of this section
shall include, but not be limited to:
1. Technical specifications for the acquisition, installation,
maintenance, and operation of audio and video recording equipment;
2. Standards for the digitization, storage, secure
preservation, retention, and archiving of audio and video
recordings;
3. Standards allowing judicial restriction of audio and video
recording upon written findings that are supported by clear and
convincing evidence and narrowly tailored to protect a compelling
interest;
4. Standards restricting access to audio and video recordings
of proceedings related to family law to interested parties and
presiding judges;
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5. Procedures for portable audio and video recording systems
outside permanent courtroom facilities;
6. Requirements ensuring compatibility of audio and video
recordings with the Oklahoma Court Information System pursuant to
Sections 1314 and 1315 of this title; and
7. Standards prohibiting the photographing or recording of:
a. jurors or prospective jurors pursuant to Sections 853
and 853.1 of Title 22 of the Oklahoma Statutes,
b. minors protected pursuant to Section 1-6-107 of Title
10A of the Oklahoma Statutes,
c. protected victims or witnesses pursuant to Section
142A-9 of Title 21 of the Oklahoma Statutes and
Section 60.14 of Title 22 of the Oklahoma Statutes,
d. vulnerable adults pursuant to Section 10-110 of Title
43A of the Oklahoma Statutes, and
e. any other person whose identity is confidential under
state or federal law.
D. Audio and video recordings created pursuant to this section
shall constitute part of the official record and shall include
sufficient metadata to verify authenticity and detect alteration.
Any transcript prepared from audio and video recordings shall be
produced and certified in accordance with applicable laws and
Supreme Court rules governing transcript preparation.
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E. The Administrative Office of the Courts shall conduct an
annual statewide assessment evaluating:
1. Verified court reporter shortage totals by judicial
district;
2. Projected retirements of court reporters within five (5)
years;
3. Court reporter recruitment and retention challenges;
4. Average transcript preparation time from request to
certification in pilot and non-pilot courtrooms;
5. Audio and video recording system operational time
percentages, documented equipment failure incidents, and average
system downtime durations due to equipment failure or tampering;
6. Case processing timelines and continuances attributable to
court reporter unavailability; and
7. The impact on access to justice in understaffed courts.
F. The Administrative Office of the Courts shall electronically
submit the annual assessment described in subsection E of this
section to the Governor, the President Pro Tempore of the Senate,
and the Speaker of the House of Representatives. A comprehensive
five-year assessment shall be submitted no later than sixty (60)
days prior to the convening of the regular legislative session
following the fifth anniversary of the effective date of this act.
Such assessment shall be electronically submitted to the Legislature
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for evaluation of whether the pilot project should be maintained,
expanded, or modified.
G. If the annual assessment demonstrates that verified court
reporter shortages exceed twelve courtrooms, the Supreme Court may
authorize expansion of the pilot project to additional courtrooms in
a number equal to the documented shortages, subject to legislative
appropriation. Nothing in this section shall be construed to
require expansion without specific legislative appropriation.
SECTION 2. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 4, 2026 - DO PASS AS AMENDED BY CS