Home Table of Contents

CIVIL PROCEDURE

OKLAHOMA 2024 SESSION LAW SERVICE Fifty-Ninth Legislature, 2024 Second Regular Session

2024 Okla. Sess. Law Serv. Ch. 104 (H.B. 3774) (WEST)
OKLAHOMA 2024 SESSION LAW SERVICE
Fifty-Ninth Legislature, 2024 Second Regular Session
Additions are indicated by Text; deletions by
Text.
Vetoes are indicated by Text ;
stricken material by Text .
CHAPTER 104
H.B. No. 3774
CIVIL PROCEDURE
An Act relating to civil procedure; amending 12 O.S. 2021, Section 2803.1, as amended by Section 1, Chapter 216, O.S.L. 2023 (12 O.S. Supp. 2023, Section 2803.1), which relates to the admissibility of statements of children not having attained certain age or incapacitated persons; modifying statements that are admissible in juvenile deprived proceedings and pre-trial and post-trial criminal and juvenile delinquent proceedings; specifying types of abuse; providing governing law for notice and disclosure of statements; and providing an effective date.
SUBJECT: Civil procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 12 § 2803.1 >>
SECTION 1. AMENDATORY 12 O.S. 2021, Section 2803.1, as amended by Section 1, Chapter 216, O.S.L. 2023 (12 O.S. Supp. 2023, Section 2803.1), is amended to read as follows:
Section 2803.1. A. The following statements are admissible in juvenile deprived proceedings and pre-trial and post-trial criminal and juvenile delinquent proceedings including preliminary hearings, prosecutive merit hearings, and hearings on the revocation of probation or acceleration of a deferred judgment:
1. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person as defined by Section 10–103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, domestic abuse, neglect, enabling physical abuse or neglect against the child or incapacitated person or any act of sexual contact, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed with or on the child or incapacitated person by another, is admissible in criminal and juvenile proceedings in the courts in this state if:
1. The court finds, 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 to render the statement inherently trustworthy. In determining such trustworthiness, the court may consider factors including but not limited to:
a. the spontaneity and consistent repetition of the statement,
b. the mental state of the declarant,
c. whether the terminology used is unexpected of a child of similar age or of an incapacitated person, and
d. whether a lack of motive to fabricate exists; and
2. The child or incapacitated person either:
a. testifies or is available to testify at the proceedings in open court or through an alternative method pursuant to the provisions of the Uniform Child Witness Testimony by Alternative Methods Act or Section 2611.2 of this title, or
b. is unavailable as defined in Section 2804 of this title as a witness. When the child or incapacitated person is unavailable, the statement may be admitted only if there is corroborative evidence of the act.
B. A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party 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 adverse party with an opportunity to prepare to answer the statement or any act or omission resulting in great bodily injury to the child or incapacitated person;
2. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person as defined by Section 10–103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, neglect, or enabling physical abuse or neglect against another child or incapacitated person, any act of sexual contact with another child or incapacitated person, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, any act of domestic abuse, or any act or omission resulting in death or great bodily injury to a human being, provided that the child or incapacitated person witnessed the act or omission.
B. The following statements are admissible in criminal and juvenile delinquent trials if the child or incapacitated person testifies at the trial whether in person, via videoconferencing equipment, or other alternative means; if the child or incapacitated person does not testify at the trial and is unavailable as defined by subsection A of Section 2804 of this title and the requirements for admissibility pursuant to subsection B of Section 2804 of this title are satisfied; or if the child or incapacitated person does not testify at the trial and the court determines that the statement is nontestimonial:
1. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person as defined by Section 10–103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, domestic abuse, neglect, enabling physical abuse or neglect against the child or incapacitated person or any act of sexual contact, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed with or on the child or incapacitated person by another, or any act or omission resulting in great bodily injury to the child or incapacitated person; and
2. A statement made by a child who has not attained sixteen (16) years of age at the time the statement is made, a child sixteen (16) years of age or older who has a disability, or a person who is an incapacitated person as defined by Section 10–103 of Title 43A of the Oklahoma Statutes, which describes any act of physical abuse, neglect, or enabling physical abuse or neglect against another child or incapacitated person, any act of sexual conduct with another child or incapacitated person, any conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, any act of domestic abuse, or any act or omission resulting in death or great bodily injury to a human being, provided that the child or incapacitated person witnessed the act or omission.
C. The provisions of the Oklahoma Criminal Discovery Code, Section 2002 of Title 22 of the Oklahoma Statutes, shall govern the disclosure and notice requirements of statements offered pursuant to this section.
C. D. As used in this section, “disability” means a physical or mental impairment which substantially limits one or more of the major life activities of the child or the child is regarded as having such an impairment by a competent medical professional.
SECTION 2. This act shall become effective November 1, 2024.
Approved April 23, 2024.
End of Document