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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 731 By: Stanley
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Evidence Code;
7 amending 12 O.S. 2021, Section 2803.1, as last
8 amended by Section 1, Chapter 104, O.S.L. 2024 (12
8 O.S. Supp. 2024, Section 2803.1), which relates to
9 hearsay; modifying certain hearsay exception to
9 include statements by vulnerable adults; and
10 providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 12 O.S. 2021, Section 2803.1, as
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15 last amended by Section 1, Chapter 104, O.S.L. 2024 (12 O.S. Supp.
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16 2024, Section 2803.1), is amended to read as follows:
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17 Section 2803.1. A. The following statements are admissible in
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18 juvenile deprived proceedings and pre-trial and post-trial criminal
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19 and juvenile delinquent proceedings including preliminary hearings,
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20 prosecutive merit hearings, and hearings on the revocation of
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21 probation or acceleration of a deferred judgment:
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22 1. A statement made by a child who has not attained sixteen
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23 (16) years of age at the time the statement is made, a child sixteen
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24 (16) years of age or older who has a disability, or a person who is
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1 an incapacitated person or vulnerable adult as defined by Section
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2 10-103 of Title 43A of the Oklahoma Statutes, which describes any
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3 act of physical abuse, domestic abuse, neglect, enabling physical
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4 abuse or neglect against the child or, incapacitated person, or
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5 vulnerable adult or any act of sexual contact, any conduct
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6 proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4,
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7 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118,
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8 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed
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9 with or on the child or, incapacitated person, or vulnerable adult
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10 by another, or any act or omission resulting in great bodily injury
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11 to the child or, incapacitated person, or vulnerable adult; and
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12 2. A statement made by a child who has not attained sixteen
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13 (16) years of age at the time the statement is made, a child sixteen
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14 (16) years of age or older who has a disability, or a person who is
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15 an incapacitated person or vulnerable adult as defined by Section
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16 10-103 of Title 43A of the Oklahoma Statutes, which describes any
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17 act of physical abuse, neglect, or enabling physical abuse or
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18 neglect against another child or, incapacitated person, or
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19 vulnerable adult, any act of sexual contact with another child or,
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20 incapacitated person, or vulnerable adult, any conduct proscribed by
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21 Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111,
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22 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or
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23 1125 of Title 21 of the Oklahoma Statutes, any act of domestic
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24 abuse, or any act or omission resulting in death or great bodily
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1 injury to a human being, provided that the child or, incapacitated
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2 person, or vulnerable adult witnessed the act or omission.
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3 B. The following statements are admissible in criminal and
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4 juvenile delinquent trials if the child or, incapacitated person, or
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5 vulnerable adult testifies at the trial whether in person, via
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6 videoconferencing equipment, or other alternative means; if the
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7 child or, incapacitated person, or vulnerable adult does not testify
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8 at the trial and is unavailable as defined by subsection A of
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9 Section 2804 of this title and the requirements for admissibility
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10 pursuant to subsection B of Section 2804 of this title are
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11 satisfied; or if the child or, incapacitated person, or vulnerable
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12 adult does not testify at the trial and the court determines that
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13 the statement is nontestimonial:
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14 1. A statement made by a child who has not attained sixteen
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15 (16) years of age at the time the statement is made, a child sixteen
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16 (16) years of age or older who has a disability, or a person who is
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17 an incapacitated person or vulnerable adult as defined by Section
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18 10-103 of Title 43A of the Oklahoma Statutes, which describes any
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19 act of physical abuse, domestic abuse, neglect, enabling physical
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20 abuse or neglect against the child or, incapacitated person, or
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21 vulnerable adult or any act of sexual contact, any conduct
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22 proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4,
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23 843.5, or 1111, 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118,
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24 1119, 1123, or 1125 of Title 21 of the Oklahoma Statutes, performed
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1 with or on the child or, incapacitated person, or vulnerable adult
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2 by another, or any act or omission resulting in great bodily injury
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3 to the child or, incapacitated person, or vulnerable adult; and
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4 2. A statement made by a child who has not attained sixteen
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5 (16) years of age at the time the statement is made, a child sixteen
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6 (16) years of age or older who has a disability, or a person who is
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7 an incapacitated person or vulnerable adult as defined by Section
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8 10-103 of Title 43A of the Oklahoma Statutes, which describes any
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9 act of physical abuse, neglect, or enabling physical abuse or
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10 neglect against another child or, incapacitated person, or
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11 vulnerable adult, any act of sexual conduct with another child or,
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12 incapacitated person, or vulnerable adult, any conduct proscribed by
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13 Sections 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111,
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14 1111.1, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, or
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15 1125 of Title 21 of the Oklahoma Statutes, any act of domestic
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16 abuse, or any act or omission resulting in death or great bodily
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17 injury to a human being, provided that the child or, incapacitated
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18 person, or vulnerable adult witnessed the act or omission.
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19 C. The provisions of the Oklahoma Criminal Discovery Code,
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20 Section 2002 of Title 22 of the Oklahoma Statutes, shall govern the
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21 disclosure and notice requirements of statements offered pursuant to
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22 this section.
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23 D. As used in this section, "disability" means a physical or
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24 mental impairment which substantially limits one or more of the
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1 major life activities of the child or the child is regarded as
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2 having such an impairment by a competent medical professional.
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3 SECTION 2. This act shall become effective November 1, 2025.
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5 60-1-308 TEK 1/19/2025 5:42:11 AM
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Req. No. 308 Page 5Every fact on this page links to its source, starting with the official bill record.