Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1386 By: Gillespie
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6 AS INTRODUCED
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7 An Act relating to court recording; providing
7 legislative findings; amending 20 O.S. 2021, Sections
8 1314 and 1315, which relate to storage of audio and
8 video records and the Oklahoma Court Information
9 System (OCIS); requiring the Supreme Court and the
9 Administrative Office of the Courts (AOC) to
10 establish certain policies, guidelines, and
10 standards; providing allowable sources of funding for
11 certain equipment; requiring the Legislature to
11 provide certain funding; requiring the AOC to
12 implement certain standards; updating statutory
12 language; defining terms; requiring the Supreme Court
13 to establish a uniform statewide court recording
13 policy; requiring recording systems to support AI-
14 assisted transcripts; requiring recordings to be
14 preserved with certain technical characteristics;
15 requiring recording systems to include confidential
15 audio channels; requiring the AOC to monitor
16 compliance; requiring the Supreme Court and the AOC
16 to enter contracts and acquire necessary equipment;
17 requiring court reporters to complete certain acts
17 when a proceeding is recorded; providing penalties
18 for violations; providing for whistleblower
18 protections; repealing 20 O.S. 2021, Section 1512,
19 which relates to court recording pilot program;
19 providing for noncodification; providing for
20 codification; and providing an effective date.
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21
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22 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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23 SECTION 1. NEW LAW A new section of law not to be
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24 codified in the Oklahoma Statutes reads as follows:
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1 The Legislature finds that public access, transparency, and
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2 accurate recording of judicial proceedings are compelling state
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3 interests essential to accountability and the integrity of
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4 Oklahoma's justice system. The requirements of this act shall be
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5 liberally construed to advance those interests and shall supersede
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6 any conflicting court rule, administrative order, local order, or
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7 policy.
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8 SECTION 2. AMENDATORY 20 O.S. 2021, Section 1314, is
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9 amended to read as follows:
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10 Section 1314. A. The Supreme Court may provide shall
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11 promulgate by rule for the following the statewide policies
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12 governing court audio and video recording, broadcasting,
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13 livestreaming, and the preservation of public access of judicial
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14 records. The Administrative Office of the Courts shall develop and
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15 implement the technical guidelines and operational standards
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16 necessary to carry out such policies including, but not limited to:
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17 1. The Technical specifications for the acquisition, joint
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18 acquisition, installation, maintenance, and operation of equipment
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19 by two or more district courts or court clerks audio and video
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20 recording, broadcasting, and livestreaming systems required by
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21 Section 4 of this act;
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22 2. The Standards for digitization, storage, secure
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23 preservation, retention, and archiving of recorded media and related
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24 court records;
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1 3. Procedures for portable recording systems for public
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2 proceedings occurring outside of permanent courts;
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3 4. Processes for the disposition or transfer of surplus
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4 technology property acquired from local court funds; and
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5 3. The guidelines
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6 5. Guidelines and standards for the microfilming and storage of
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7 court records ensuring full compatibility with the Oklahoma Court
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8 Information System including statewide archival and public access
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9 integration.
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10 B. Equipment required by Section 4 of this act shall be funded
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11 through state appropriations, statewide procurement, or other state-
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12 administered funding mechanisms and shall not be funded by local
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13 court budgets.
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14 C. The Legislature shall appropriate sufficient funds annually
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15 to ensure implementation, maintenance, and modernization of
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16 recording systems.
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17 SECTION 3. AMENDATORY 20 O.S. 2021, Section 1315, is
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18 amended to read as follows:
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19 Section 1315. A. 1. The Supreme Court, by and through the
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20 Office of the Administrative Director Office of the Courts, shall
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21 establish a court information system to be designated the "Oklahoma
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22 Court Information System" for the purpose of providing data
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23 processing services to state agencies, boards, and commissions and
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1 other entities pursuant to contract. The Administrative Director
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2 Office of the Courts may assess a reasonable fee for such services.
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3 2. Court clerks and judges of the district courts of this state
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4 shall utilize the case tracking, accounting, legal research, and
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5 other services of the "Oklahoma Oklahoma Court Information System"
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6 System at the direction of the Chief Justice of the Supreme Court.
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7 The development and implementation of the system's accounting,
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8 auditing, and financial reporting functions shall be subject to the
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9 approval of the State Auditor and Inspector.
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10 B. There is hereby created in the State Treasury a revolving
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11 fund for the Supreme Court to be designated the "Oklahoma Court
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12 Information System Revolving Fund". The fund shall be a continuing
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13 fund, not subject to fiscal year limitations, and shall consist of
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14 all monies received in payment of data processing services furnished
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15 pursuant to contract. The Administrative Director Office of the
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16 Courts, at the end of each month, shall issue a statement of charges
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17 to each entity for which data processing services were furnished.
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18 The cost for data processing services shall be recovered directly
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19 from the entity for which such services were furnished and shall not
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20 be prorated to or payable by those not receiving the services. All
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21 monies accruing to the credit of the fund are hereby appropriated
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22 and may be budgeted and expended by the Supreme Court for the
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23 acquisition, operation, maintenance, repair, and replacement of data
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24 processing equipment and software and for the operational expenses
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1 of any court which is subject to the authority of the Administrative
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2 Director Office of the Courts. Expenditures from the fund shall be
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3 made upon warrants issued by the State Treasurer against claims
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4 filed as prescribed by law with the Director of the Office of
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5 Management and Enterprise Services for approval and payment. Until
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6 June 30, 2018, the Office of Management and Enterprise Services
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7 shall, at the request of the Administrative Director Office of the
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8 Courts, transfer an amount not to exceed Five Million Dollars
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9 ($5,000,000.00) from the Oklahoma Court Information System Revolving
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10 Fund to the District Court Interagency Reimbursement Fund an amount
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11 that the Administrative Director Office of the Courts, with the
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12 approval of the Chief Justice of the Supreme Court, shall deem
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13 appropriate and necessary to perform the duties imposed upon the
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14 district courts by law.
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15 C. The Administrative Office of the Courts shall ensure that
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16 all audio and video recording, broadcasting, and livestreaming
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17 systems support accurate transcription and shall implement technical
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18 standards for audio and video quality, certification or approval
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19 requirements for transcription providers, secure verification
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20 processes, archival and retrieval standards, ADA-compliant closed
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21 captioning and interpreter integration, and chain of custody
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22 metadata and audit-trail logging including timestamps, access logs,
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23 and operator identification.
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1 SECTION 4. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 1510 of Title 20, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. As used in this section and Sections 1314 and 1315 of Title
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5 20 of the Oklahoma Statutes:
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6 1. "ADA-compliant" means compliant with 42 U.S.C., Sections
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7 12101 through 12213, including, but not limited to, closed
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8 captioning, interpreter integration, and accessibility features;
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9 2. "AI-assisted transcript" means a text transcription
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10 generated through the Supreme Court�approved speech-to-text or
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11 automated transcription technology, used to assist in the creation
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12 of but not replace the certified transcript produced by a court
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13 reporter;
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14 3. "Confidential audio channel" means a segregated microphone
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15 or audio feed used for attorney�client communication or other
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16 statutorily protected communication that is recorded for integrity
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17 purposes but is not audible on any public livestream or publicly
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18 accessible recording;
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19 4. "Livestream" or "livestreaming" means real-time or near�
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20 real-time electronic transmission of a public proceeding to the
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21 public using an internet platform, statewide portal, or any medium
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22 designated by the Supreme Court;
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23 5. "Official record" means the complete set of recorded media,
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24 transcripts, metadata, audit logs, and associated materials that
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1 document a judicial proceeding and are required by law to be
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2 preserved;
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3 6. "Portable recording equipment" means Supreme Court�approved
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4 audio or video systems used when a proceeding occurs outside an
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5 equipped court;
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6 7. "Public access portal" means the statewide online platform
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7 maintained by the Oklahoma Court Information System (OCIS) that
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8 provides public access to recordings, broadcasts, livestreams, and
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9 archived official records of public judicial proceedings;
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10 8. "Recorded media" or "recording" means any audio, video, or
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11 audiovisual capture of a judicial proceeding including, but not
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12 limited to, original files, backup files, redundancy systems, and
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13 captures made using portable recording equipment;
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14 9. "Redundancy" means dual-path or simultaneous recording
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15 systems ensuring a secondary recording source if the primary
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16 recording fails;
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17 10. "Tampering" means altering, corrupting, deleting,
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18 concealing, disabling, shutting off, failing to initiate, or failing
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19 to report defects in recorded media with intent to impair the
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20 accuracy, integrity, or availability of the official record;
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21 11. "Technically infeasible" means circumstances involving
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22 temporary equipment failure, loss of connectivity, power outage,
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23 emergency conditions, or other circumstances beyond the control of
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1 court personnel and shall not include lack of required equipment;
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2 and
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3 12. "Unique recording identifier" means the OCIS-assigned
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4 digital identifier linked to each recording, metadata file, and
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5 transcript to ensure authenticity, auditability, and proof of non-
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6 alteration.
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7 B. The Supreme Court shall promulgate, by rule or
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8 administrative order, a uniform statewide policy governing the use
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9 of audio and video recording, broadcasting, and livestreaming
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10 systems in courts in this state. Such rules shall apply to all
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11 courts of record and to all court proceedings required by law to be
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12 open to the public. All courts of record shall audio- and video-
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13 record all public proceedings. Livestreaming shall be provided for
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14 all public proceedings unless technically infeasible. Any rule or
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15 administrative order promulgated under this section shall be
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16 consistent with Sections 1314 and 1315 of Title 20 of the Oklahoma
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17 Statutes and shall not narrow, restrict, or modify its requirements.
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18 C. The uniform statewide policy required by subsection B of
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19 this section shall:
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20 1. Authorize audio and video coverage of all public proceedings
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21 except as expressly limited by statute;
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22 2. Standardize procedures for requests, notice, equipment
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23 placement, and operational standards;
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1 3. Prohibit the photographing, recording, broadcasting, or
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2 livestreaming of the following individuals to the extent required by
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3 law, and not by rule, general judicial policy, or administrative
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4 order:
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5 a. jurors and prospective jurors, as provided in Sections
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6 853 and 853.1 of Title 22 of the Oklahoma Statutes,
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7 b. minors whose identity or juvenile records are
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8 confidential pursuant to Section 1-6-107 of Title 10A
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9 of the Oklahoma Statutes,
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10 c. victims or witnesses whose identity or personal
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11 information is confidential or protected pursuant to
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12 Section 142A-9 of Title 21 and Section 60.14 of Title
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13 22 of the Oklahoma Statutes,
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14 d. vulnerable adults whose records or identifying
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15 information is confidential pursuant to Section 10-110
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16 of Title 43A of the Oklahoma Statutes, and
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17 e. any other individual whose identity is confidential
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18 pursuant to state or federal law. Such state or
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19 federal law shall be cited in the record of the court
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20 proceeding;
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21 4. Ensure that judicial authority may restrict recording,
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22 broadcasting, or livestreaming upon written findings supported by
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23 clear and convincing evidence that a compelling interest requires
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24 restriction and a written finding that the restriction is narrowly
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1 tailored. Any restriction shall be stated on the official record
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2 and be subject to accelerated appellate review;
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3 5. Specify retention, secure deletion, sealing, and public
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4 access procedures for recordings that become part of the official
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5 court record. Audio and video recordings shall be retained and
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6 stored for not less than ten (10) years or for the duration of all
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7 direct appeals, post-conviction proceedings, and federal habeas
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8 review, whichever is longer;
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9 6. Require establishment of a statewide online public access
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10 portal through which recordings of public court proceedings shall be
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11 accessible, subject to statutory confidentiality limitations;
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12 7. Require compliance with 42 U.S.C., Sections 12101 through
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13 12213, for all recordings, livestreams, and archives, including
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14 closed captioning, interpreter feed integration, and accessibility
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15 features;
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16 8. Require statewide training and certification standards for
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17 audio and video system operators, transcription personnel, and court
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18 administrative staff; and
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19 9. Establish minimum equipment standards including, but not
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20 limited to, intelligible audio capture from all speaking
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21 participants, high-definition video sufficient to identify
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22 participants, time-coded recordings compatible with the Oklahoma
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23 Court Information System for indexing and transcript cross-
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24 referencing, technological redundancy to prevent the loss of
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1 recordings including dual-path recording or backup capture programs,
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2 secure encrypted storage with audit-trail metadata, streaming
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3 hardware capable of real-time broadcasting with fallback provisions,
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4 and system monitoring tools providing real-time malfunction alerts,
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5 technical support, and replacement schedules to ensure no recording
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6 downtime exceeds seventy-two (72) hours.
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7 D. No broader category of exemption shall be created by rule,
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8 general judicial policy, or administrative order under paragraph 3
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9 of subsection C of this section.
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10 E. All court recording systems shall support the creation of
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11 AI-assisted transcripts with sufficient clarity, audio fidelity, and
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12 speaker identification to enable accurate automated transcription.
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13 AI-assisted transcripts shall not replace certified transcripts but
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14 shall be made available to court reporters for verification and
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15 correction.
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16 F. All livestreams and archived recordings of public
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17 proceedings shall be preserved in identical resolution, frame rate,
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18 and audio fidelity as originally captured. No down-sampling,
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19 degradation, compression, or alteration of quality may occur except
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20 as required for storage integrity. Publicly accessible versions
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21 shall match the original quality.
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22 G. All court audio recording systems shall include one or more
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23 confidential audio channels for attorney�client communication or
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24 other protected communications. Confidential channels shall be
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1 recorded solely for integrity verification but shall not be audible
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2 on any public livestream or publicly accessible recording.
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3 H. Audio and video recordings that have been sealed by order of
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4 the court shall be preserved in full and in their original digital
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5 form for the duration of the applicable retention period. No sealed
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6 recording may be deleted, destroyed, overwritten, or altered.
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7 Access shall be logged and limited to authorized personnel.
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8 I. The Administrative Office of the Courts (AOC) shall monitor
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9 statewide compliance with the requirements of this section and with
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10 rules issued pursuant to this section. The AOC shall conduct
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11 periodic audits, verify operational status of equipment, review
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12 audit-trail metadata, and issue annual compliance reports to the
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13 Supreme Court and the Legislature.
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14 J. The Supreme Court and the AOC, with approval of the Chief
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15 Justice of the Supreme Court, shall issue requests for proposals,
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16 enter contracts, and acquire equipment, software, services, and
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17 technology necessary to implement this section and Sections 1314 and
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18 1315 of Title 20 of the Oklahoma Statutes.
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19 K. Audio or video recordings shall form part of the official
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20 record and shall be transcribed by a certified court reporter or
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21 Supreme Court�authorized transcription provider, retained, and made
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22 available for reference and verification.
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23 L. When a court proceeding or portion of a court proceeding is
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24 recorded pursuant to law or rule, the official court reporter shall:
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1 1. Retrieve and review the recorded media and, if available,
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2 the auto-generated transcript created from that recording;
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3 2. Compare the auto-generated transcript to the recorded media
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4 and make any corrections necessary to ensure that the transcript is
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5 accurate, complete, and verbatim including speaker identifications
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6 where discernible;
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7 3. Certify the transcript as an accurate, complete, and
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8 unaltered representation of the recorded portion of the proceeding,
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9 using certification language prescribed by the State Board of
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10 Examiners of Certified Shorthand Reporters;
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11 4. Ensure the transcript includes continuous timestamp
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12 references sufficient to locate corresponding segments of the
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13 recorded media; and
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14 5. Ensure that the transcript includes the entirety of each
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15 subject of testimony or argument and does not contain selective
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16 portions that materially alter context or meaning.
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17 M. The court reporter shall immediately report to the presiding
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18 judge and to the Administrative Office of the Courts any gap,
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19 interruption, omission, or corruption in the recorded media, missing
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20 time frame in the recorded media, or incomplete segment preventing
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21 complete transcript certification. The report required by this
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22 subsection shall be in writing, filed under the case number, and
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23 preserved as part of the official record.
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1 N. Failure to comply with this section or any rule promulgated
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2 pursuant to this section may constitute grounds for referral to the
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3 Council on Judicial Complaints pursuant to Section 1651 et seq. of
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4 Title 20 of the Oklahoma Statutes. When noncompliance involves
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5 conduct within the jurisdiction of the Court on the Judiciary as
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6 described in Section 2 of Article VII-A of the Oklahoma
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7 Constitution, the findings of the Council on Judicial Complaints may
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8 form the basis for proceedings in accordance with applicable laws
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9 including, but not limited to, Section 1659 of Title 20 of the
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10 Oklahoma Statutes. Lack of funding or equipment shall not
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11 constitute good cause for noncompliance.
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12 O. No person including any court reporter, court clerk,
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13 attorney, judge, vendor, contractor, or agent of the state shall
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14 knowingly and willfully alter, delete, conceal, obscure, corrupt, or
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15 fail to report a gap in recorded media with the intent to impair,
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16 influence, or affect the integrity or accuracy of the official court
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17 record. Any person who engages in conduct prohibited by this
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18 subsection shall be subject to penalties under Section 1513 of Title
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19 20 of the Oklahoma Statutes and prosecution under state law
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20 including, but not limited to, tampering with evidence.
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21 P. When recorded media is offered or admitted as evidence, the
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22 court reporter shall ensure that a certified transcript accompanies
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23 the recording; the transcript includes notation of objections, bench
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24 conferences, sealed or confidential portions, and redactions
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1 required by law; and the recording is marked and secured in a format
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2 compatible with the Oklahoma Court Information System and any
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3 applicable rules of appellate procedure. If a redacted version is
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4 used for public access, the unredacted original shall be preserved
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5 under seal as part of the official record.
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6 Q. No court employee, contractor, or agent shall be
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7 disciplined, terminated, retaliated against, or otherwise penalized
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8 for reporting suspected tampering, corruption, suppression, or
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9 mismanagement of court recordings. Any adverse action within one
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10 (1) year shall be presumed retaliatory unless rebutted by clear and
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11 convincing evidence.
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12 SECTION 5. REPEALER 20 O.S. 2021, Section 1512, is
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13 hereby repealed.
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14 SECTION 6. This act shall become effective November 1, 2026.
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16 60-2-2503 BLB 12/30/2025 10:01:17 PM
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Req. No. 2503 Page 15Every fact on this page links to its source, starting with the official bill record.