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

Floor (House) → Floor (Senate) · 5 edits

MODERATE

The bill was amended to transition from the House version to the Senate floor version, incorporating specific formatting updates and substantive changes to how subpoenas are issued and enforced. Key additions include a new provision allowing attorneys to issue subpoenas and expanded definitions of records that can be subpoenaed from law enforcement agencies. The Senate version also clarifies restrictions on obtaining individual witness testimony outside of court and updates fee structures for record copying.

Scope change

The bill's scope was slightly expanded to explicitly authorize attorneys to issue subpoenas in addition to court clerks, and the definition of subpoenaable law enforcement records was broadened to include recordings of sobriety tests.

REQUIREMENT

Added a new provision authorizing attorneys authorized to practice law in the state to issue and sign subpoenas on behalf of a court.

Added a specific restriction prohibiting defendants from using subpoenas to obtain individual witness or victim testimony outside of a court hearing or trial.

Revised the fee structure for copying records to clarify that recording copying fees are capped at $25.00 per recording.

DEFINITION

Expanded the list of subpoenaable law enforcement records to include recordings of the administration of a sobriety test.

TECHNICAL

Updated the header and title pages to reflect the Senate floor version, including the committee substitute status and specific legislative session details.

Senate Committee Substitute for House Bill → Floor (House) · 4 edits

MODERATE

The bill was converted from a Committee Substitute version to a Floor version, which involved removing page numbers, committee headers, and detailed explanatory footnotes while retaining the core legislative text. The substantive policy content regarding criminal subpoenas, record production, and fees remains unchanged.

Scope change

The scope of the bill's applicability is unchanged; the text governing law enforcement records and witness obligations is identical in both versions.

TECHNICAL

Removed page numbers, committee headers, and explanatory footnotes that were present in the Committee Substitute version.

Deleted the specific list of camera types (body, vehicle, traffic) and replaced it with general categories, likely to streamline the text for the floor version.

Removed the detailed list of reasons a subpoena might be quashed (e.g., juvenile records, ongoing investigations) and replaced it with a more concise summary.

Adjusted the formatting of the bill title and header to reflect the 'House of Representatives - Floor Version' status.

House Committee Substitute → Senate Committee Substitute for House Bill · 5 edits

MODERATE

The bill was reorganized to include Senate sponsors and updated its title to reflect broader topics like recordings and commercial entities. Substantively, the rules for issuing subpoenas to law enforcement and businesses were expanded to include specific record types (e.g., sobriety test recordings) and clarified fee structures. The bill also added new procedures for defendants to request redactions of sensitive records and established a formal process for courts to quash subpoenas that violate privacy or investigative interests.

Scope change

The bill's scope was expanded to explicitly include subpoenas directed at businesses and commercial entities, not just law enforcement agencies, and to cover specific digital and physical records like sobriety test recordings.

SCOPE

Added 'business or commercial entity' as a valid recipient for subpoenas alongside law enforcement agencies.

REQUIREMENT

Added 'recording of the administration of a sobriety test' to the list of records that can be subpoenaed.

Added a requirement that defendants must notify agencies of their desire to receive redacted records if sensitive information is requested.

ENFORCEMENT

Added specific grounds for courts to quash subpoenas, including those that would undermine informant privileges or compromise ongoing investigations.

TECHNICAL

Updated the bill header to include Senate sponsors and revised the descriptive title to match the new content.

House Conference Committee Substitute → House Committee Substitute · 5 edits

MODERATE

The bill was revised from a broad criminal procedure update to a focused mandate requiring law enforcement agencies to produce specific records (body/vehicle/traffic camera videos and incident reports) to defendants. The revision also establishes strict privacy protections, prohibiting the issuance of subpoenas for information about human victims and limiting fees for copying records to reasonable costs.

Scope change

The bill's scope narrowed from general subpoena authority and discovery rules to specifically target law enforcement record production while adding explicit exemptions for victim information.

REQUIREMENT

Mandates that defendants can subpoena specific law enforcement records including body, vehicle, and traffic camera videos, as well as incident reports.

Prohibits the issuance of subpoenas seeking information related to interviews of human victims.

Limits copying fees for records to a maximum of $0.25 per page or $1.00 for certified copies, removing previous ambiguity about costs.

DEFINITION

Clarifies that subpoenas are separate from existing rights or obligations and defines the specific scope of discoverable law enforcement data.

ENFORCEMENT

Authorizes courts to impose sanctions, including lost earnings and attorney fees, on parties who fail to avoid imposing undue burdens on subpoena recipients.

Proposed Policy Committee Substitute 1 → House Conference Committee Substitute · 5 edits

MODERATE

The bill was converted from a proposed policy substitute to a House Conference Committee substitute, indicating it has been revised to reconcile differences between the House and Senate versions. The substantive content remains focused on expanding criminal discovery rights, specifically allowing attorneys to issue subpoenas directly and permitting subpoenas to be served on businesses for documents. It also clarifies that subpoenas cannot be used to access victim interview recordings and outlines specific disclosure requirements for jailhouse informant testimony.

Scope change

The bill's scope expanded to explicitly authorize attorneys to issue and sign subpoenas on behalf of a court and to authorize subpoenas for businesses and commercial entities, whereas the previous version primarily focused on law enforcement records and court clerks.

ELIGIBILITY

Added authority for attorneys to issue and sign subpoenas duces tecum on behalf of a court.

Authorized the issuance of subpoenas to businesses and commercial entities for the production of records.

REQUIREMENT

Clarified that subpoenas cannot be construed to allow access to information or recordings related to interviews of victims.

Established specific disclosure requirements for the state regarding jailhouse informant testimony, including criminal history and details of any deals or inducements.

TECHNICAL

Changed the document header and title from 'Proposed Policy Committee Substitute' to 'House Conference Committee Substitute' to reflect the legislative stage.

Enrolled (final version) → Proposed Policy Committee Substitute 1 · 6 edits

MODERATE

The bill was completely rewritten to replace a narrow focus on subpoena procedures with a comprehensive framework covering law enforcement record production, witness attendance, and victim protection. The new version expands the scope to include specific mandates for body and traffic camera videos, establishes strict prohibitions against subpoenaing human victims, and introduces new rules on fees and sanctions for non-compliance.

Scope change

The bill's scope significantly expanded from a limited set of subpoena rules to a broad criminal discovery code covering law enforcement records, witness obligations, and victim privacy protections.

REQUIREMENT

Added specific requirements for the production of body camera, vehicle camera, and traffic camera videos.

Established a strict prohibition against issuing subpoenas for information regarding human victims in criminal cases.

Changed the fee structure for record copying, setting a maximum of $0.25 per page for standard copies and $1.00 per page for certified copies.

Introduced new procedures for serving written objections to subpoenas and motions to compel production of documents.

Removed previous broad discovery requirements for jailhouse informant deals and specific OSBI rap sheet limitations.

ENFORCEMENT

Added new provisions allowing courts to impose sanctions, including lost earnings and attorney fees, on parties who impose undue burdens through subpoenas.

Engrossed → Enrolled (final version) · 5 edits · May 22, 2025

MODERATE

The bill evolved from a standalone statute creating new subpoena rules into a comprehensive amendment package that integrates these rules into existing Oklahoma criminal procedure laws. The final version significantly expands the scope of discovery by requiring prosecutors to provide detailed witness information, including OSBI rap sheets, and adds specific protections for jailhouse informants. It also clarifies that defendants cannot use subpoenas to access victim interview records.

Scope change

The bill's scope expanded from a narrow focus on defendant-issued subpoenas to a broader framework covering state disclosure obligations, witness credibility checks, and specific protections for victims and informants.

REQUIREMENT

Added a requirement for prosecutors to disclose OSBI rap sheets and criminal histories for all witnesses, including jailhouse informants, with specific details about any deals or inducements offered.

Added a new exemption preventing defendants from using subpoenas to obtain recordings or information related to interviews of victims.

Modified the subpoena process to explicitly authorize attorneys to issue and sign subpoenas on behalf of a court, whereas the original draft only mentioned court clerks.

Added detailed requirements for disclosing jailhouse informant testimony, including prior cases where the informant testified and any recantations.

SCOPE

Removed the standalone 'New Law' sections and integrated the provisions into amendments of existing statutes (22 O.S. 2021, Sections 710 and 2002).

Amended And Engrossed → Engrossed · 3 edits · May 21, 2025

MINOR

The bill was amended to correct the legislative sponsorship, changing the primary sponsor from a House member to include a Senate member. Additionally, the text of the bill was updated to replace archaic legal phrasing with modern, clearer language regarding the issuance of subpoenas for law enforcement records, ensuring the statute is more accessible and easier to enforce.

Scope change

The scope of the bill's applicability remains unchanged as it still governs criminal subpoenas for law enforcement records in Oklahoma, but the language defining these powers has been modernized for clarity.

TECHNICAL

Corrected the bill title and sponsorship to reflect that the legislation is now jointly sponsored by a House member and a Senate member.

REQUIREMENT

Updated the statutory text to replace outdated legal terminology with modern, plain language descriptions of how subpoenas for body camera, vehicle camera, and incident report records are issued and enforced.

Streamlined the rules regarding record redactions and exemptions to ensure they are clearly stated and easier for courts and law enforcement agencies to apply.

Introduced → Amended And Engrossed · 3 edits · May 21, 2025

MINOR

The bill was amended to restructure its title and update the statutory section numbers to reflect new additions. The most significant substantive change is the expansion of the types of records a defendant can subpoena from law enforcement agencies, now explicitly including sobriety test recordings alongside body and traffic camera footage. The amendment also clarifies that business and commercial entities must produce recordings covering a reasonable period of time surrounding the alleged crime.

Scope change

The scope of the bill was expanded to include 'sobriety test recordings' as subpoenaable records and clarified that business/commercial entity recordings must cover a reasonable time period before, during, or after the alleged criminal act.

REQUIREMENT

Added 'sobriety test recordings' to the list of law enforcement records that can be subpoenaed.

Clarified that recordings from business or commercial entities must cover a reasonable period of time before, during, or after the alleged criminal act.

TECHNICAL

Updated the bill title and reorganized the text to include new section numbers (707.1 through 707.5) and a new designation as an 'Engrossed Senate Amendment'.

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

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