HB 1563 — Criminal procedure; authorizing the issuance of subpoena duces tecum to businesses and commercial entities; codification; effective date.

trafficany camerawritten videos,or recorded statements and the substance of any oral statements made by the accused or made by a codefendant, d.

lawany enforcementreports incidentor reports,statements made by experts in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons, e.

recordingany ofbooks, thepapers, administrationdocuments, ofphotographs, atangible sobrietyobjects, test.buildings or places which the prosecuting ENR.

2.

After a complaint, indictment, or information is filed, a subpoena issued on behalf of or by a defendant to a business or commercial entity may command the production of a recording in the possession of said business or commercial entity, which covers a reasonable period of time before, during, or after the commission of the act alleged in a complaint, indictment, or information.

B.

Any subpoena for a record which contains individual records of persons, and the costs of copying, reproducing, or certifying each individual record otherwise prescribed by state law, may be assessed for each individual record or portion thereof requested, as prescribed by state law.

Otherwise, a public body may charge a fee only for recovery of the reasonable, direct costs of record copying or mechanical reproduction.

In no instance shall the record copying fee exceed twenty-five cents ($0.25) per page for records having the dimensions of eight and one-half (8 1/2) by fourteen (14) inches or ENGR.

1563 Page 2 smaller,attorney orintends ato maximumuse ofin Onethe Dollarhearing ($1.00)or pertrial copiedor pagewhich forwere aobtained certifiedfrom copy,or andbelong ato recordingthe copyingaccused, feef. of not more than Twenty- five Dollars ($25.00) per recording.

SECTIONany 2.record of prior criminal convictions of the defendant, or of any codefendant, and g.

NEWOklahoma LAWState ABureau newof sectionInvestigation of(OSBI) lawrap tosheet/records becheck codifiedon inany witness listed by the Oklahomastate Statutesor the defense as Sectiona 707.2witness who will testify at trial, as well as any convictions of Titleany 22,witness unlessrevealed therethrough isadditional createdrecord achecks duplicationif inthe numbering,defense readshas asfurnished follows:Social Security numbers or date of birth for their witnesses, except OSBI rap sheet/record checks shall not provide date of birth, Social Security number, home phone number or address.

A.

Upon service of a subpoena by or on behalf of a defendant to a law enforcement agency authorized in Section 1 of this act, such law enforcement agency receiving the subpoena may notify, in writing to the defendant or his or her representative, that the subpoenaed records:

1.

Would undermine any requirement to keep certain juvenile records confidential as provided for in Title 10A of the Oklahoma Statutes;

WouldThe includestate informationshall thatprovide wouldthe materiallydefendant compromiseany anevidence ongoingfavorable criminalto investigationthe ordefendant ongoingif criminalsuch prosecution;evidence is material to either guilt or punishment.

or 3.

WouldThe undermineprosecuting theattorney's assertionobligations ofunder athis privilegestandard toextend keepto: the identity of an informer confidential, as provided for in Section 2510 of Title 12 of the of the Oklahoma Statutes.

B.a.

Uponmaterial receivingand noticeinformation byin a law enforcement agency, the defendantpossession or hiscontrol orof hermembers representativeof issuing the subpoenaprosecutor's shall:staff, b.

1.any information in the possession of law enforcement agencies that regularly report to the prosecutor of which the prosecutor should reasonably know, and c.

Informany information in the possession of law enforcement agencyagencies ofwho thehave desirereported to receive the subpoenaedprosecutor records with redactionsreference orto havethe particular case of which the informationprosecutor ENGR.should reasonably know.

4.

a.

If the state intends to introduce testimony of a jailhouse informant, the state shall disclose at least ten (10) days prior to trial:

(1) the complete criminal history of such informant, including any dismissed charges, (2) any deal, promise, inducement or benefit that the state or law enforcement agency has made or may ENR.

1563 Page 3 containedmake in paragraphthe 1,future 2,to the jailhouse informant in connection with the testimony of such informant, (3) the specific statements or 3recordings made by the suspect or defendant and the time, place and manner of subsectionthe Adisclosure to the jailhouse informant, (4) all other filed cases in which the state intended to introduce the testimony of thisthe sectionjailhouse obscured;informant in connection with a deal, promise, inducement or benefit, the nature of the deal, promise, inducement or benefit, and whether the testimony was admitted in the case, (5) whether at any time the jailhouse informant recanted the testimony or statement, and if so, a transcript or copy of such recantation, if any, and (6) any other information relevant to the credibility of the informant.

orb. 2.

NotifyEach thedistrict lawattorney's enforcementoffice agencyshall ofmaintain a central record that tracks each case in which the applicationstate madeintended to introduce the courttestimony of competentthe jurisdictionjailhouse forinformant against a suspect or defendant in connection with a deal, promise, inducement or benefit, the releasenature of the unredacteddeal, promise, inducement or obscuredbenefit records.and whether such testimony or statements were admitted in the case.

SECTIONSuch 3.record shall be sent to the District Attorneys Council which shall maintain a statewide record of such information.

NEWRecords LAWmaintained Apursuant newto sectionthis ofparagraph lawshall toonly be codifiedaccessible into theprosecutors Oklahomaand Statutesshall asnot Sectionbe 707.3subject ofto Titlethe 22,Oklahoma unlessOpen thereRecords isAct. created a duplication in numbering, reads as follows:

A.By September 15 of each year, the District Attorneys Council shall publish an annual report of aggregate, de-identified data regarding the total number of cases tracked pursuant to this section, and the number of cases added during the previous fiscal year pursuant to this section by each district attorney's office.

EveryA subpoenacopy issued on behalf of orthe byreport ashall defendantbe shalldistributed stateto the nameGovernor, of the courtPresident fromPro whichTempore itof isthe issuedSenate, and the titleSpeaker of theENR. action.

B.

A witness shall be obligated upon service of a subpoena to attend a trial or hearing at any place within the state.

C.

The court clerk shall issue a subpoena, signed and sealed but otherwise in blank, to a party requesting it, who shall complete the subpoena before service.

As an officer of the court, an attorney authorized to practice law in this state may also issue and sign a subpoena on behalf of a court in this state.

SECTION 4.

NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 707.4 of Title 22, unless there is created a duplication in numbering, reads as follows:

A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.

The court ENGR.

1563 Page 4 onthe behalfHouse of whichRepresentatives the subpoena was issued shall enforce this duty and impose upon the partychairs or attorney, or both, in breach of thisthe dutySenate an appropriate sanction, which may include, but is not limited to, lost earnings and aHouse reasonableJudiciary attorneyCommittees. fee.

SECTIONc. 5.

NEWFor LAWpurposes Aof newthis sectionparagraph, of"jailhouse lawinformant" tomeans bea codifiedperson inwho provides, or who the Oklahomaprosecutor Statutesintends asto Sectionprovide, 707.5testimony ofabout Titleadmissions 22,or unlessother thererelevant isinformation createdmade ato duplicationhim inor numbering,her readsby asthe follows:suspect or defendant while both persons were detained or incarcerated in a penal institution.

OnB. timely motion, the court on behalf of which a subpoena was issued shall quash or modify the subpoena if it:

Disclosure of Evidence by the Defendant.

FailsUpon torequest allowof reasonablethe timestate, forthe compliance;defense shall be required to disclose the following:

a.

the names and addresses of witnesses which the defense intends to call at trial, together with their relevant, written or recorded statement, if any, or if none, significant summaries of any oral statement, b.

the name and address of any witness, other than the defendant, who will be called to show that the defendant was not present at the time and place specified in the information or indictment, together with the witness' statement to that fact, c.

the names and addresses of any witness the defendant will call, other than himself, for testimony relating to any mental disease, mental defect, or other condition bearing upon his mental state at the time the offense was allegedly committed, together with the witness' statement of that fact, if the statement is redacted by the court to preclude disclosure of privileged communication.

RequiresA astatement personfiled tounder travelsubparagraph toa, ab placeor beyondc theof limitsparagraph of thesubsection countyA whereor theB personof residesthis orsection is servednot withadmissible thein subpoena;evidence at trial.

Information obtained as a result of a statement filed under subsection A or 3.B of this section is not admissible in evidence at trial except to refute the testimony of a witness whose identity subsection A of this section requires to be disclosed.

Subjects3. a person to undue burden.

SECTIONUpon 6.the prosecuting attorney's request after the time set by the court, the defendant shall allow him access at any reasonable times and in any reasonable manner to inspect, photograph, copy, or ENR.

NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 707.6 of Title 22, unless there is created a duplication in numbering, reads as follows:

Subpoenas issued in accordance with the provisions of Sections 1 through 3 of this act and Sections 708 and 712 of Title 22 of the Oklahoma Statutes shall be considered separate and distinct from any right or obligation provided for in Section 2002 of Title 22 of the Oklahoma Statutes.

SECTION 7.

AMENDATORY 22 O.S.

2021, Section 708, is amended to read as follows:

ENGR.

1563 Page 5 Sectionhave 708.reasonable tests made upon any book, paper, document, photograph, or tangible object which is within the defendant's possession or control and which:

Aa. subpoena, authorized by the last four sections, provisions of Sections 704, 705, 706, and 707 of this title and Section 1 of this act must be substantially in the following form:

INthe THEdefendant NAMEintends OFto THEoffer STATEin OFevidence, OKLAHOMA.except to the extent that it contains any communication of the defendant, or b.

Tois .........a report or statement as to a physical or mental examination or scientific test or experiment made in connection with the particular case prepared by and relating to the anticipated testimony of a person whom the defendant intends to call as a witness, provided the report or statement is redacted by the court to preclude disclosure of privileged communication.

,C. Greeting:

YouContinuing areDuty commanded to appearDisclose. before C.

D.,If, prior to or during trial, a justiceparty discovers additional evidence or material previously requested or ordered, which is subject to discovery or inspection under the Oklahoma Criminal Discovery Code, such party shall promptly notify the other party, the attorney of the peaceother party, or the court of ........the existence of the additional evidence or material.

atD. .......

(orTime the grand jury of theDiscovery. county County of .........

or1. the district court of .........

countyMotions County,for ordiscovery othermay locationbe asmade at the casetime mayof bethe specified),district oncourt thearraignment ........or thereafter;

(statingprovided daythat andrequests hour),for andpolice remainreports inmay attendancebe onmade andsubject callto the provisions of saidSection ........258 of this title.

fromHowever, daya torequest daypursuant and term to termSection until258 lawfullyof discharged,this astitle ashall witnessbe insubject ato criminal action prosecuted by the Statediscretion of Oklahomathe againstdistrict E.attorney.

F.All issues relating to discovery, except as otherwise provided, will be completed at least ten (10) days prior to trial.

(orThe tocourt testifymay asspecify the casetime, place and manner of making the discovery and may be).prescribe such terms and conditions as are just.

SECTION2. 8.

AMENDATORYWithin 22thirty O.S.(30) days of the filing of an endorsed complaint, indictment, or information in a court of record, law enforcement shall provide to the prosecuting agency the following records, if such records exist:

2021,a. Section 712, is amended to read as follows:

Sectionbody 712.camera videos at the time of arrest, ENR.

A.

Service of subpoenas for witnesses in criminal actions in the district courts of this state a subpoena upon a person named therein shall be made in the same manner as in civil actions pursuant to Section 2004.1 of Title 12 of the Oklahoma Statutes by delivering or mailing a copy thereof to such person and, if the attendance of the person is demanded, by tendering to that person the fees for one (1) day of attendance and the mileage ENGR.

1563 Page 6 allowedb. by law.

Servicevehicle-mounted ofcamera avideos subpoenaat maythe betime accomplished by any person who is eighteen (18) years of agearrest, orand older.c.

B.a recording of the administration of a sobriety test.

Service3. of a subpoena by mail may be accomplished by mailing a copy by certified mail with return receipt requested and delivery restricted to the person named in the subpoena.

TheWithin personninety serving(90) days of the subpoenafiling shallof makean proofendorsed ofcomplaint, serviceindictment, toor information, the courtprosecuting promptly,agency andshall inmake anyavailable event,the beforerecords thedescribed witnessin isparagraph required2 toof testifythis atsubsection to the hearingdefendant or trial.his or her representative.

If4. service is made by a person other than a peace officer, such person shall make affidavit thereof.

IfFailure serviceof isa bylaw mail,enforcement theagency personto servingcomply thewith subpoena shall show in the proofprovisions of serviceparagraph the2 date and place of mailingthis andsubsection attachmay abe copypunished ofby thecontempt. return receipt showing that the mailing was accepted.

Failure5. to make proof of service does not affect the validity of the service, but service of a subpoena by mail shall not be effective if the mailing was not accepted by the person named in the subpoena.

The costfollowing costsinformation ofmay service of subpoenas shall be borneredacted by the partiesprosecuting unlessagency otherwisefrom orderedthe byrecords theprovided courtto anda shalldefendant beor allowedhis whetheror serviceher isrepresentative madeas required by athe peaceprovisions officerof orparagraph by3 anyof otherthis person.subsection;

SECTIONprovided 9.that, notice of such redactions are given to the defendant or to his or her representative:

AMENDATORYa. 22 O.S.

2021,information Sectionthat 715,would isviolate amendedany requirement to readkeep certain juvenile records confidential as follows:provided for in Title 10A of the Oklahoma Statutes, b.

Sectioninformation 715.that would materially compromise an ongoing criminal investigation or ongoing criminal prosecution other than the case involving the defendant, c.

A.information that would undermine the assertion of a privilege to keep the identity of an informant confidential as provided for in Section 2510 of Title of the Oklahoma Statutes, d.

Noinformation that would identify any person iswho obligedprovides information to attendlaw asenforcement aor witnessthe beforeinformation aprovided courtby orthat magistrateperson outsidewhen thethat countyperson requests anonymity or where disclosure of the witnessidentity residesof the person or isthe servedinformation withprovided acould subpoena,reasonably unlessbe theexpected judgeto ofthreaten or endanger the courtphysical insafety whichor property of the offenseperson isor triable,the uponphysical ansafety affidavitor property of theothers, districtor ENGR.ENR.

1563 Page 7 attorney,e. or of the defendant or the defendant's counsel, stating that he or she believes that the evidence and attendance of the witness is material and necessary, shall endorse on the subpoena an order for the attendance of the witness.

B.require production of records or videos that fall outside the scope permitted under the provisions of paragraph 2 of this subsection.

TheE. court clerks of this state shall not be subject to subpoena in matters relating to court records unless the court makes a specific finding that the appearance and testimony of the court clerk are both material and necessary because of a written objection to the introduction of certified documents court records made by the defendant or other party prior to trial.

SECTIONRegulation 10.of Discovery.

AMENDATORY1. 22 O.S.

2021,Protective Sectionand 716,Modifying isOrders. amended to read as follows:

SectionUpon 716.motion of the state or defendant, the court may at any time order that specified disclosures be restricted, or make any other protective order.

DisobedienceIf orthe failurecourt byenters anyan personorder withoutrestricting adequatespecified excusedisclosures, tothe obeyentire atext subpoenaof servedthe uponmaterial himselfrestricted orshall herself, or a refusal to be swornsealed orand topreserved testify,in maythe berecords punishedof by the court orto magistrate,be asmade foravailable deemedto athe criminalappellate contempt,court in the mannerevent provided in civil procedure of thean courtappeal. from which the subpoena was issued.

SECTION2. 11.

Failure to Comply with a Request.

If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit the discovery or inspection, grant continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances.

3.

The discovery order shall not include discovery of legal work product of either attorney which is deemed to include legal research or those portions of records, correspondence, reports, or memoranda which are only the opinions, theories, or conclusions of the attorney or the attorney's legal staff.

F.

Reasonable cost of copying, duplicating, videotaping, developing or any other cost associated with this Code for items requested shall be paid by the party so requesting;

however, any item which was obtained from the defendant by the state of which copies are requested by the defendant shall be paid by the state.

Provided, if the court determines the defendant is indigent and without funds to pay the cost of reproduction of the required items, the cost shall be paid by the Indigent Defender System, unless otherwise provided by law.

SECTION 3.

ENGR.ENR.

1563 Page 8 Passed the House of Representatives the 27th21st day of March,May, 2025.

3 Presiding Officer of the House of Representatives 6 Passed the Senate the _____21st day of __________,May, 2025.

8 Presiding Officer of the Senate ENGR.OFFICE OF THE GOVERNOR Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.

By:

_________________________________ Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

_________________________________ Governor of the State of Oklahoma OFFICE OF THE SECRETARY OF STATE Received by the Office of the Secretary of State this __________ day of ___________________, 20_______, at _______ o'clock _______ M.

By:

_________________________________ ENR.