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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1267 By: Rader
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Criminal Discovery
7 Code; amending 22 O.S. 2021, Section 2002, as amended
8 by Section 2, Chapter 327, O.S.L. 2025 (22 O.S. Supp.
8 2025, Section 2002), which relates to disclosure of
9 evidence; requiring certain disclosures by the state;
9 modifying time to disclose certain evidence pre-
10 trial; requiring electronic submission of certain
10 report; modifying definition; requiring certain
11 disclosure by the defense; updating statutory
11 language; making language gender neutral; updating
12 statutory references; and providing an effective
12 date.
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1 5 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 22 O.S. 2021, Section 2002, as
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1 7 amended by Section 2, Chapter 327, O.S.L. 2025 (22 O.S. Supp. 2025,
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1 8 Section 2002), is amended to read as follows:
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19 Section 2002. A. Disclosure of Evidence by the State.
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20 1. Upon request of the defense, the The state shall disclose to
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2 1 the defense the following:
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22 a. the names and addresses of witnesses which that the
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23 state intends to call at trial, together with their
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1 relevant, written or recorded statement, if any, or if
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2 none, significant summaries of any oral statement,
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3 b. any law enforcement reports, offense reports,
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4 supplemental reports, body-worn camera footage,
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5 dashcam footage, and 9-1-1 audio recordings made in
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6 connection with the particular case in the form or
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7 forms in which such evidence is ordinarily maintained
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8 or in a reasonably usable form,
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9 c. any written or recorded statements and the substance
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10 of any oral statements made by the accused or made by
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11 a codefendant,
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12 d. any reports or statements made by experts in
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13 connection with the particular case, including results
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14 of physical or mental examinations and of scientific
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15 tests, experiments, or comparisons, including, but not
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16 limited to, preliminary reports, screening results,
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17 and analyses performed or stored electronically, and
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18 the underlying raw data, documentation, testing
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19 protocols, and laboratory validation studies used to
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20 generate any report in their native format where
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21 feasible,
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22 e. any books, papers, documents, photographs, tangible
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23 objects, buildings, or places which that the
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24 prosecuting attorney intends to use in the hearing or
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1 trial or which that were obtained from or belong to
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2 the accused,
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3 f. any record of prior criminal convictions of the
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4 defendant, or of any codefendant, and
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5 g. Oklahoma State Bureau of Investigation (OSBI) rap
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6 sheet/records sheet or records check on any witness
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7 listed by the state or the defense as a witness who
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8 will testify at trial, as well as any convictions of
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9 any witness revealed through additional record checks
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10 if the defense has furnished Social Security numbers
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11 or date of birth for their witnesses a witness, except
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12 OSBI rap sheet/record sheet or record checks shall not
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13 provide date of birth, Social Security number, home
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14 phone number, or home address.
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15 2. The state shall provide the defendant any evidence favorable
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1 6 to the defendant if such evidence is material to either guilt or
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1 7 punishment.
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18 3. The prosecuting attorney's obligations under this standard
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1 9 extend to:
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20 a. material and information in the possession or control
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21 of members of the prosecutor's staff,
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22 b. any information in the possession of law enforcement
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23 agencies that regularly report to the prosecutor of
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24 which the prosecutor should reasonably know, and
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1 c. any information in the possession of law enforcement
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2 agencies who have reported to the prosecutor with
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3 reference to the particular case of which the
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4 prosecutor should reasonably know.
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5 4. a. If the state intends to introduce testimony of a
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6 jailhouse an informant, the state shall disclose at
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7 least ten (10) thirty (30) days prior to trial:
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8 (1) the complete criminal history of such the
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9 informant, including any dismissed charges,
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10 (2) any deal, promise, inducement, or benefit that
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11 the state or law enforcement agency has made or
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12 may make in the future to the jailhouse informant
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13 in connection with the testimony of such the
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14 informant,
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15 (3) the specific statements or recordings made by the
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16 suspect or defendant and the time, place, and
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17 manner of the disclosure to the jailhouse
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18 informant,
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19 (4) all other filed cases in which the state intended
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20 to introduce the testimony of the jailhouse
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21 informant in connection with a deal, promise,
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22 inducement, or benefit, the nature of the deal,
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23 promise, inducement, or benefit, and whether the
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24 testimony was admitted in the case,
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1 (5) whether at any time the jailhouse informant
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2 recanted the testimony or statement, and if so, a
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3 transcript or copy of such recantation, if any,
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4 and
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5 (6) any other information relevant to the credibility
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6 of the informant.
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7 b. Each district attorney's office shall maintain a
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8 central record that tracks each case in which the
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9 state intended to introduce the testimony of the
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10 jailhouse informant against a suspect or defendant in
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11 connection with a deal, promise, inducement, or
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12 benefit, the nature of the deal, promise, inducement,
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13 or benefit and whether such testimony or statements
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14 were admitted in the case. Such record shall be sent
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15 to the District Attorneys Council which shall maintain
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16 a statewide record of such information. Records
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17 maintained pursuant to this paragraph subparagraph
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18 shall only be accessible to prosecutors and shall not
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19 be subject to the Oklahoma Open Records Act. By
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20 September 15 of each year, the District Attorneys
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21 Council shall publish an annual report of aggregate,
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22 de-identified data regarding the total number of cases
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23 tracked pursuant to this section, and the number of
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24 cases added during the previous fiscal year pursuant
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1 to this section by each district attorney's office. A
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2 copy of the report shall be distributed electronically
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3 to the Governor, the President Pro Tempore of the
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4 Senate, the Speaker of the House of Representatives,
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5 and the chairs of the Senate and House Judiciary
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6 Committees.
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7 c. For purposes of this paragraph, "jailhouse informant"
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8 "informant" means a person who provides, or who the
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9 prosecutor intends to provide, testimony about
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10 admissions or other relevant information made to him
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11 or her by the suspect or defendant while both persons
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12 were detained or incarcerated in a penal institution
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13 the custody of the Department of Corrections.
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14 Informant shall also include a person who provides, or
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15 who the prosecutor intends to provide, testimony about
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16 admissions or other relevant information pursuant to a
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17 deal, promise, inducement, or benefit between the
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18 person and the state.
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19 B. Disclosure of Evidence by the Defendant.
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20 1. Upon request of the state, the defense shall be required to
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2 1 disclose the following:
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22 a. the names and addresses of witnesses which that the
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23 defense intends to call at trial, together with their
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1 relevant, written or recorded statement, if any, or if
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2 none, significant summaries of any oral statement,
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3 b. the name and address of any witness, other than the
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4 defendant, who will be called to show that the
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5 defendant was not present at the time and place
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6 specified in the information or indictment, together
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7 with the witness' statement to that fact, and
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8 c. the names and addresses of any witness the defendant
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9 will call, other than himself or herself, for
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10 testimony relating to any mental disease, mental
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11 defect, or other condition bearing upon his or her
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12 mental state at the time the offense was allegedly
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13 committed, together with the witness' statement of
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14 that fact, if the statement is redacted by the court
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15 to preclude disclosure of privileged communication.
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16 2. A statement filed under subparagraph a, b, or c of paragraph
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1 7 1 of this subsection or subsection A or B of this section is not
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1 8 admissible in evidence at trial. Information obtained as a result
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1 9 of a statement filed under this subsection or subsection A or B of
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2 0 this section is not admissible in evidence at trial except to refute
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2 1 the testimony of a witness whose identity subsection A of this
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2 2 section requires to be disclosed.
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23 3. Upon the prosecuting attorney's request after the time set
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2 4 by the court, the defendant shall allow him or her access at any
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1 reasonable times and in any reasonable manner to inspect,
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2 photograph, copy, or have reasonable tests made upon any book,
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3 paper, document, photograph, or tangible object which that is within
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4 the defendant's possession or control and which that:
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5 a. the defendant intends to offer in evidence, except to
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6 the extent that it contains any communication of the
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7 defendant, or
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8 b. is a report or statement as to a physical or mental
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9 examination or scientific test or experiment made in
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10 connection with the particular case prepared by and
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11 relating to the anticipated testimony of a person whom
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12 the defendant intends to call as a witness, provided
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13 the report or statement is redacted by the court to
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14 preclude disclosure of privileged communication.
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15 4. With respect to each expert the defense intends to call as a
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1 6 witness at the hearing, the defense shall provide to the state a
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1 7 curriculum vitae and written description of the substance of the
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1 8 proposed testimony of the expert, the expert's opinion, and the
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1 9 underlying basis for that opinion. If the substance of the proposed
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2 0 testimony, the expert's opinion, and the basis of that opinion are
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2 1 contained in a disclosed expert report, the defense shall not be
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2 2 required to provide a written description.
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23 C. Continuing Duty to Disclose.
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1 If, prior to or during trial, a party discovers additional
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2 evidence or material previously requested or ordered, which is
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3 subject to discovery or inspection under the Oklahoma Criminal
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4 Discovery Code, such party shall promptly notify the other party,
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5 the attorney of the other party, or the court of the existence of
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6 the additional evidence or material.
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7 D. Time of Discovery.
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8 1. Motions for discovery may be made at the time of or after
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9 the district court arraignment or thereafter; provided that requests
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1 0 for police reports may be made subject to the provisions of Section
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1 1 258 of this title. However, a request pursuant to Section 258 of
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1 2 this title shall be subject to the discretion of the district
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1 3 attorney. All issues relating to discovery, except as otherwise
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1 4 provided, will be completed at least ten (10) thirty (30) days prior
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1 5 to trial. The court may specify the time, place, and manner of
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1 6 making the discovery and may prescribe such terms and conditions as
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1 7 are just.
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18 2. Within thirty (30) days of the filing of an endorsed
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1 9 complaint, indictment, or information in a court of record, law
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2 0 enforcement shall provide to the prosecuting agency the following
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2 1 records, if such records exist:
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22 a. body camera videos at the time of arrest,
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23 b. vehicle-mounted camera videos at the time of arrest,
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24 and
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1 c. a recording of the administration of a sobriety test.
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2 3. Within ninety (90) days of the filing of an endorsed
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3 complaint, indictment, or information, the prosecuting agency shall
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4 make available the records described in paragraph 2 of this
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5 subsection to the defendant or his or her representative.
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6 4. Failure of a law enforcement agency to comply with the
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7 provisions of paragraph 2 of this subsection may be punished by
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8 contempt.
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9 5. The following information may be redacted by the prosecuting
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1 0 agency from the records provided to a defendant or his or her
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1 1 representative as required by the provisions of paragraph 3 of this
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1 2 subsection; provided that, notice of such redactions are given to
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1 3 the defendant or to his or her representative:
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14 a. information that would violate any requirement to keep
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15 certain juvenile records confidential as provided for
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16 in Title 10A of the Oklahoma Statutes,
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17 b. information that would materially compromise an
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18 ongoing criminal investigation or ongoing criminal
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19 prosecution other than the case involving the
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20 defendant,
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21 c. information that would undermine the assertion of a
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22 privilege to keep the identity of an informant
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23 confidential as provided for in Section 2510 of Title
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24 12 of the Oklahoma Statutes,
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1 d. information that would identify any person who
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2 provides information to law enforcement or the
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3 information provided by that person when that person
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4 requests anonymity or where disclosure of the identity
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5 of the person or the information provided could
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6 reasonably be expected to threaten or endanger the
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7 physical safety or property of the person or the
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8 physical safety or property of others, or
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9 e. require production of records or videos that fall
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10 outside the scope permitted under the provisions of
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11 paragraph 2 of this subsection.
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12 E. Regulation of Discovery.
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13 1. Protective and Modifying Orders. Upon motion of the state
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1 4 or defendant, the court may at any time order that specified
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1 5 disclosures be restricted, or make any other protective order. If
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1 6 the court enters an order restricting specified disclosures, the
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1 7 entire text of the material restricted shall be sealed and preserved
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1 8 in the records of the court to be made available to the appellate
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1 9 court in the event of an appeal.
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20 2. Failure to Comply with a Request. If at any time during the
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2 1 course of the proceedings it is brought to the attention of the
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2 2 court that a party has failed to comply with this rule, the court
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2 3 may order such party to permit the discovery or inspection, grant
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2 4 continuance, or prohibit the party from introducing evidence not
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1 disclosed, or it may enter such other order as it deems just under
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2 the circumstances.
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3 3. The discovery order shall not include discovery of legal
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4 work product of either attorney which that is deemed to include
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5 legal research or those portions of records, correspondence,
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6 reports, or memoranda which that are only the opinions, theories, or
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7 conclusions of the attorney or the attorney's legal staff.
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8 F. Reasonable cost of copying, duplicating, videotaping,
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9 developing, or any other cost associated with this Code for items
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1 0 requested shall be paid by the party so requesting party; however,
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1 1 any item which that was obtained from the defendant by the state of
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1 2 which copies are requested by the defendant shall be paid by the
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1 3 state. Provided, if the court determines the defendant is indigent
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1 4 and without funds to pay the cost of reproduction of the required
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1 5 items, the cost shall be paid by the Oklahoma Indigent Defender
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1 6 Defense System, unless otherwise provided by law.
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17 SECTION 2. This act shall become effective November 1, 2026.
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19 60-2-2238 BLB 12/17/2025 1:46:26 PM
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Req. No. 2238 Page 12Every fact on this page links to its source, starting with the official bill record.