1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3774 By: Duel
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6 AS INTRODUCED
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7 An Act relating to civil procedure; amending 12 O.S.
7 2021, Section 2803.1, as amended by Section 1,
8 Chapter 216, O.S.L. 2023 (12 O.S. Supp. 2023, Section
8 2803.1), which relates to the admissibility of
9 statements of children not having attained certain
9 age or incapacitated persons; modifying statements
10 that are admissible in juvenile deprived proceedings
10 and pre-trial and post-trial criminal and juvenile
11 delinquent proceedings; specifying types of abuse;
11 providing governing law for notice and disclosure of
12 statements; and providing an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 12 O.S. 2021, Section 2803.1, as
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18 amended by Section 1, Chapter 216, O.S.L. 2023 (12 O.S. Supp. 2023,
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19 Section 2803.1), is amended to read as follows:
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20 Section 2803.1 A. The following statements are admissible in
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21 juvenile deprived proceedings and pre-trial and post-trial criminal
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22 and juvenile delinquent proceedings including preliminary hearings,
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23 prosecutive merit hearings, and hearings on the revocation of
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24 prohibition or acceleration of a deferred judgment:
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 1 1. A statement made by a child who has not attained sixteen
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2 (16) years of age at the time the statement is made, a child sixteen
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3 (16) years of age or older who has a disability, or a person who is
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4 an incapacitated person as defined by Section 10-103 of Title 43A of
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5 the Oklahoma Statutes, which describes any act of physical abuse,
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6 domestic abuse, neglect, enabling physical abuse or neglect against
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7 the child or incapacitated person or any act of sexual contact, any
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8 conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3,
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9 843.4, 843.5, or 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118,
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10 1119, 1123, 1124, or 1125 of Title 21 of the Oklahoma Statutes,
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11 performed with or on the child or incapacitated person by another,
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12 is admissible in criminal and juvenile proceedings in the courts in
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13 this state if:
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14 1. The court finds, in a hearing conducted outside the presence
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15 of the jury, that the time, content, and totality of circumstances
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16 surrounding the taking of the statement provide sufficient indicia
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17 of reliability to render the statement inherently trustworthy. In
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18 determining such trustworthiness, the court may consider factors
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19 including but not limited to:
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20 a. the spontaneity and consistent repetition of the
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21 statement,
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22 b. the mental state of the declarant,
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23 c. whether the terminology used is unexpected of a child
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24 of similar age or of an incapacitated person, and
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 1 d. whether a lack of motive to fabricate exists; and
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2 2. The child or incapacitated person either:
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3 a. testifies or is available to testify at the
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4 proceedings in open court or through an alternative
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5 method pursuant to the provisions of the Uniform Child
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6 Witness Testimony by Alternative Methods Act or
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7 Section 2611.2 of this title, or
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8 b. is unavailable as defined in Section 2804 of this
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9 title as a witness. When the child or incapacitated
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10 person is unavailable, the statement may be admitted
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11 only if there is corroborative evidence of the act.
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12 B. A statement may not be admitted under this section unless
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13 the proponent of the statement makes known to the adverse party an
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14 intention to offer the statement and the particulars of the
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15 statement at least ten (10) days in advance of the proceedings to
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16 provide the adverse party with an opportunity to prepare to answer
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17 the statement or any act or omission resulting in great bodily
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18 injury to the child or incapacitated person;
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19 2. A statement made by a child who has not attained sixteen
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20 (16) years of age at the time the statement is made, a child sixteen
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21 (16) years of age or older who has a disability, or a person who is
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22 an incapacitated person as defined by Section 10-103 of Title 43A of
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23 the Oklahoma Statutes, which describes any act of physical abuse,
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24 neglect, or enabling physical abuse or neglect against another child
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 1 or incapacitated person, any act of sexual contact with another
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2 child or incapacitated person, any conduct proscribed by Sections
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3 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1112,
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4 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, 1124, or 1125 of
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5 Title 21 of the Oklahoma Statutes, any act of domestic abuse, or any
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6 act or omission resulting in death or great bodily injury to a human
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7 being, provided that the child or incapacitated person witnessed the
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8 act or omission.
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9 B. The following statements are admissible in criminal and
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10 juvenile delinquent trials if the child or incapacitated person
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11 testifies at the trial whether in person, via videoconferencing
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12 equipment, or other alternative means; if the child or incapacitated
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13 person does not testify at the trial and is unavailable as defined
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14 by subsection A of Section 2804 of this title and the requirements
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15 for admissibility pursuant to subsection B of Section 2804 of this
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16 title are satisfied; or if the child or incapacitated person does
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17 not testify at the trial and the court determines that the statement
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18 is nontestimonial:
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19 1. A statement made by a child who has not attained sixteen
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20 (16) years of age at the time the statement is made, a child sixteen
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21 (16) years of age or older who has a disability, or a person who is
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22 an incapacitated person as defined by Section 10-103 of Title 43A of
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23 the Oklahoma Statutes, which describes any act of physical abuse,
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24 domestic abuse, neglect, enabling physical abuse or neglect against
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 1 the child or incapacitated person or any act of sexual contact, any
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2 conduct proscribed by Sections 741, 745, 748, 843.1, 843.2, 843.3,
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3 843.4, 843.5, or 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118,
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4 1119, 1123, 1124, or 1125 of Title 21 of the Oklahoma Statutes,
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5 performed with or on the child or incapacitated person by another,
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6 or any act or omission resulting in great bodily injury to the child
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7 or incapacitated person; and
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8 2. A statement made by a child who has not attained sixteen
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9 (16) years of age at the time the statement is made, a child sixteen
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10 (16) years of age or older who has a disability, or a person who is
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11 an incapacitated person as defined by Section 10-103 of Title 43A of
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12 the Oklahoma Statutes, which describes any act of physical abuse,
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13 neglect, or enabling physical abuse or neglect against another child
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14 or incapacitated person, any act of sexual conduct with another
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15 child or incapacitated person, any conduct proscribed by Sections
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16 741, 745, 748, 843.1, 843.2, 843.3, 843.4, 843.5, or 1111, 1112,
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17 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1123, 1124, or 1125 of
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18 Title 21 of the Oklahoma Statutes, any act of domestic abuse, or any
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19 act or omission resulting in death or great bodily injury to a human
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20 being, provided that the child or incapacitated person witnessed the
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21 act or omission.
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22 C. The provisions of the Oklahoma Criminal Discovery Code,
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23 Section 2002 of Title 22 of the Oklahoma Statutes, shall govern the
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 1 disclosure and notice requirements of statements offered pursuant to
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2 this section.
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3 C. D. As used in this section, "disability" means a physical or
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4 mental impairment which substantially limits one or more of the
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5 major life activities of the child or the child is regarded as
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6 having such an impairment by a competent medical professional.
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7 SECTION 2. This act shall become effective November 1, 2024.
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9 59-2-8707 AO 12/29/23
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Statutes affected:
Introduced: 12-2803.1
Floor (House): 12-2803.1
Floor (Senate): 12-2803.1
Engrossed: 12-2803.1
Enrolled (final version): 12-2803.1