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OK SB161

Bill

Status

Introduced

2/7/2011

Primary Sponsor

Patrick Anderson

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Origin

Senate

2011 Regular Session

AI Summary

  • Modifies 12 O.S. 2001, Section 2803.1 to allow statements by children under 13 years old describing physical abuse or sexual contact to be admissible in criminal and juvenile proceedings.

  • Allows admissibility when child testifies or is available to testify in court or through alternative testimony methods, or when child is unavailable but prior testimony exists where opposing party had similar motive to develop the witness's testimony, or when the statement was non-testimonial.

  • Adds new provision allowing child's statements to be admitted at preliminary hearings or prosecutive merit hearings (not trials on the merits) if made to a person qualified to conduct forensic interviews and a recording or summary is provided to opposing party at least five days before hearing.

  • Defines "person qualified to conduct a forensic interview" as someone completing at least 30 hours of training in non-suggestive interviewing techniques with children.

  • Effective date: November 1, 2011.

Legislative Description

Hearsay; modifying procedure to determine admissibility of certain statements. Effective date.

Civil and Criminal Procedure and Courts

Last Action

Second Reading referred to Judiciary

2/8/2011

Committee Referrals

Judiciary2/8/2011

Full Bill Text

No bill text available