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Bill > HB3742
OK HB3742
OK HB3742Criminal procedure; Due Process Protection Act of 2026; preliminary examinations and proceedings; disclosure; effective date.
summary
Introduced
02/02/2026
02/02/2026
In Committee
03/05/2026
03/05/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
An Act relating to criminal procedure; creating The Due Process Protection Act of 2026; amending 22 O.S. 2021, Section 258 as amended by Section 2, Chapter 269, O.S.L. 2022 (22 O.S. Supp. 2025, Section 258), which relates to preliminary examinations and proceedings; requiring the disclosure of certain information to the defense; providing construing provision; authorizing the court to set disclosure deadline under certain circumstances; amending 22 O.S. 2021, Section 2002, as amended by Section 2, Chapter 327, O.S.L. 2025 (22 O.S. Supp. 2025, Section 2002), which relates to the Oklahoma Criminal Discovery Code; directing the state to disclose certain evidence prior to the initial appearance of defendants; requiring the disclosure of evidence favorable to the defendant; requiring disclosure despite its form; declaring the ongoing duty to disclose information; increasing time limitation for introducing testimony from informants and codefendants; updating informant references; modifying scope of certain defined term; clarifying disclosure duties of defendants; establishing time limitation for completing discovery issues; providing an exception to certain witnesses; providing for noncodification; and providing an effective date.
AI Summary
This bill, known as The Due Process Protection Act of 2026, aims to enhance protections for defendants in criminal proceedings by expanding disclosure requirements for the state. It mandates that prosecutors must provide the defense with a broader range of information earlier in the legal process, including initial and supplemental police reports, summaries of interviews, video and audio recordings of statements, photographs, DNA reports, and 9-1-1 calls, generally at least 30 days before a preliminary hearing, though courts can set different deadlines if hearings are scheduled quickly. The bill also requires the state to disclose any evidence favorable to the defendant, regardless of its form or whether the prosecution believes it, and establishes an ongoing duty to disclose such information as it is discovered. Furthermore, it increases the time limit for introducing testimony from informants and codefendants, clarifies the definition of an "informant" to include those who testify with the promise or expectation of a benefit, and sets a nine-month deadline for preliminary hearings from the initial appearance, with a requirement for a show cause hearing if this deadline is missed without good cause. The bill also amends rules regarding discovery by the defense, specifies that all discovery issues must be completed at least 30 days before trial, and allows courts to issue scheduling orders for discovery. Finally, it clarifies that the state must disclose evidence favorable to the defendant, including evidence that negates guilt, reduces culpability, supports a defense, impeaches prosecution witnesses, or undermines the defendant's identity as the perpetrator, and this duty applies to information held by law enforcement agencies that regularly report to the prosecutor.
Committee Categories
Justice
Sponsors (2)
Last Action
Authored by Senator Daniels (principal Senate author) (on 03/05/2026)
Official Document
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