1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 706 By: Pederson
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Children’s Code;
7 amending 10A O.S. 2021, Section 1-4-505, as amended
8 by Section 1, Chapter 104, O.S.L. 2022 (10A O.S.
8 Supp. 2022, Section 1-4-505), which relates to
9 admissibility of prerecorded statements of child;
9 updating statutory language; modifying requirements
10 for certain hearing; repealing 10A O.S. 2021, Section
10 1-4-502, which relates to jury trials; and providing
11 an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 10A O.S. 2021, Section 1-4-505, as
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16 amended by Section 1, Chapter 104, O.S.L. 2022 (10A O.S. Supp. 2022,
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17 Section 1-4-505), is amended to read as follows:
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18 Section 1-4-505. A. This section shall apply only to a
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19 proceeding brought within the purview of under the Oklahoma
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20 Children’s Code in which a child is alleged to be deprived, and
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21 shall apply only to the statement of that the child or another child
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22 witness.
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23 B. The recording of an oral statement of the child made before
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24 the proceedings begin is admissible into evidence if:
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 1 1. The court determines in a hearing conducted outside the
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2 presence of the jury that the time, content and totality of
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3 circumstances surrounding the taking of the statement provide
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4 sufficient indicia of reliability so as to render it inherently
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5 trustworthy. In determining trustworthiness, the court may
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6 consider, among other things, the following factors: the spontaneity
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7 and consistent repetition of the statement, the mental state of the
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8 declarant, whether the terminology used is unexpected of a child of
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9 similar age or of an incapacitated person, and whether a lack of
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10 motive to fabricate exists; and the child either:
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11 a. testifies or is available to testify at the
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12 proceedings in open court or through an alternative
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13 method pursuant to the provisions of the Uniform Child
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14 Witness Testimony by Alternative Methods Act or
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15 Section 2611.2 of Title 12 of the Oklahoma Statutes,
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16 or
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17 b. is unavailable as a witness as defined in Section 2804
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18 of Title 12 of the Oklahoma Statutes. When the child
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19 is unavailable, such statement may be admitted only if
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20 there is corroborative evidence of the act;
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21 2. No attorney for any party is present when the statement is
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22 made. However, if appropriate facilities are utilized that allow
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23 observation of the child without the child’s knowledge or awareness
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24 in any way, any such attorney may be present as an observer, but not
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 1 as a participant, and no such attorney shall have any right to
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2 intervene, object, or otherwise make his or her presence known to
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3 the child before, after, or during the making of the statement of
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4 the child;
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5 3. The recording is both visual and aural and is recorded on
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6 film or videotape or by other electronic means;
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7 4. The recording equipment is capable of making an accurate
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8 recording, the operator of the equipment is competent, and the
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9 recording is accurate and has not been altered;
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10 5. The statement is not made in response to questioning
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11 calculated to lead the child to make a particular statement or is
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12 otherwise clearly shown to be the child’s statement and not made
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13 solely as a result of a leading or suggestive question;
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14 6. Every voice on the recording is identified;
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15 7. The person conducting the interview of the child in the
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16 recording is present at the proceeding and is available to testify
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17 or be cross-examined by any party;
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18 8. Each party to the proceeding is afforded an opportunity to
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19 view the recording before the recording is offered into evidence;
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20 and
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21 9. A copy of a written transcript of the recording transcribed
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22 by a licensed or certified court reporter is available to the
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23 parties.
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 1 A statement may not be admitted under this subsection unless the
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2 proponent of the statement makes known to the parties an intention
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3 to offer the statement and the particulars of the statement at least
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4 ten (10) days in advance of the proceedings to provide the parties
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5 with an opportunity to prepare to answer the statement.
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6 SECTION 2. REPEALER 10A O.S. 2021, Section 1-4-502, is
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7 hereby repealed.
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8 SECTION 3. This act shall become effective November 1, 2023.
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10 59-1-298 TEK 1/18/2023 2:14:22 PM
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