§ 1-4-505. Admissibility of prerecorded statements of child who is victim of abuse
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile CodeEffective: November 1, 2022
Effective: November 1, 2022
10A Okl.St.Ann. § 1-4-505
§ 1-4-505. Admissibility of prerecorded statements of child who is victim of abuse
1. The court determines in a hearing conducted outside the presence of the jury that the time, content and totality of circumstances surrounding the taking of the statement provide sufficient indicia of reliability so as to render it inherently trustworthy. In determining trustworthiness, the court may consider, among other things, the following factors: the spontaneity and consistent repetition of the statement, the mental state of the declarant, whether the terminology used is unexpected of a child of similar age or of an incapacitated person, and whether a lack of motive to fabricate exists; and the child either:
2. No attorney for any party is present when the statement is made. However, if appropriate facilities are utilized that allow observation of the child without the child's knowledge or awareness in any way, any such attorney may be present as an observer, but not as a participant, and no such attorney shall have any right to intervene, object, or otherwise make his or her presence known to the child before, after, or during the making of the statement of the child;
A statement may not be admitted under this subsection unless the proponent of the statement makes known to the parties an intention to offer the statement and the particulars of the statement at least ten (10) days in advance of the proceedings to provide the parties with an opportunity to prepare to answer the statement.
Credits
Laws 1984, c. 111, § 1, emerg. eff. April 9, 1984. Renumbered from Title 10, § 1147 and amended by Laws 1995, c. 352, §§ 24, 199, eff. July 1, 1995. Renumbered from Title 10, § 7003-4.2 and amended by Laws 2009, c. 233, §§ 28, 238, emerg. eff. May 21, 2009; Laws 2022, c. 104, § 1, eff. Nov. 1, 2022.
10A Okl. St. Ann. § 1-4-505, OK ST T. 10A § 1-4-505
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |