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

Floor (House) → Floor (Senate) · 12 edits

MAJOR

This bill version transitioned from the House to the Senate floor, with significant substantive changes to how criminal subpoenas for law enforcement records are handled. The Senate version adds specific protections for juvenile records, ongoing investigations, and informant identities, while also clarifying that subpoenas cannot be used to obtain witness testimony outside of court. The version number and formatting were updated to reflect Senate floor processing.

Scope change

The bill's scope was expanded to include additional protections for sensitive records (juvenile records, ongoing investigations, informant identities) and clarified limitations on using subpoenas to obtain testimony outside of court proceedings.

REQUIREMENT

Added specific protections for records that would violate juvenile confidentiality requirements under Title 10A.

Added protection for records that would compromise ongoing criminal investigations or prosecutions.

Added protection for records that would reveal informant identities under Section 2510 of Title 12.

Added explicit prohibition on using subpoenas to obtain witness or victim testimony outside of court hearings or trials.

Modified the list of commandable law enforcement records to include recordings of sobriety test administration.

Modified the list of commandable law enforcement records to include vehicle-mounted camera videos as a separate category.

Added new provision allowing defendants to request records with redactions or obscured information to protect sensitive data.

Added requirement for defendants to notify law enforcement agencies of their desire to receive redacted records.

Added requirement for defendants to notify agencies and prosecuting authorities when seeking unredacted records from court.

TECHNICAL

Updated document header from House Floor Version to Senate Floor Version with new date (April 22, 2025).

Changed bill sponsor attribution to include both House and Senate sponsors (Duel and Howard).

Updated bill title and description to reflect Senate floor version with committee substitute designation.

Senate Committee Substitute for House Bill → Floor (House) · 7 edits

MODERATE

The bill was amended to transition from a committee substitute version to a floor version, with substantive changes to subpoena requirements for criminal cases. Key modifications include removing restrictions on law enforcement agencies and business subpoenas, clarifying fee structures for record copying, and expanding protections for victims and trade secrets.

Scope change

The bill's scope was refined to clarify who can issue subpoenas and what records can be requested, with added protections for victims and confidential information.

REQUIREMENT

Removed language requiring an 'endorsed complaint, indictment, or information' to be filed before a defendant can issue a subpoena, changing it to simply 'after a complaint, indictment, or information is filed'.

Expanded the types of law enforcement records that can be subpoenaed to include body camera videos, vehicle mounted camera videos, traffic camera videos, and law enforcement incident reports.

Clarified that subpoenas for records containing individual records may have costs assessed per individual record, with fees capped at $0.25 per page for standard copies and $1.00 for certified copies.

Added explicit protection prohibiting subpoenas for information upon human victims who are the subject of the criminal action being prosecuted.

Added new provisions protecting trade secrets, confidential research and development information, and expert opinions from being disclosed through subpoenas.

ENFORCEMENT

Strengthened enforcement provisions by allowing courts to impose sanctions including lost earnings and attorney fees when parties fail to avoid undue burden on subpoena recipients.

TECHNICAL

Changed formatting and removed committee-specific markings, converting the document from a committee substitute to a floor version ready for legislative consideration.

House Committee Substitute → Senate Committee Substitute for House Bill · 8 edits

MODERATE

The bill was revised to clarify its purpose and expand the scope of records that can be subpoenaed from law enforcement agencies and businesses. The Senate version adds specific categories of records like sobriety test recordings and clarifies redaction procedures to protect confidential information such as juvenile records and informant identities. It also strengthens protections for victims by explicitly prohibiting subpoenas for information about human victims of the crime.

Scope change

The bill now explicitly covers subpoenas to business and commercial entities in addition to law enforcement agencies, and adds specific record categories like sobriety test recordings.

SCOPE

Added 'business or commercial entity' as a recipient of subpoenas alongside law enforcement agencies

REQUIREMENT

Added specific record categories including sobriety test recordings to the list of producible law enforcement records

Changed 'complaint' to 'endorsed complaint' to clarify the procedural requirement before records can be subpoenaed

Added redaction procedures requiring defendants to obscure confidential information like juvenile records and informant identities before receiving unredacted records

Added explicit prohibition against issuing subpoenas for information about human victims of the criminal case

Expanded quashing/modification criteria to include records falling outside the scope permitted by Section 1 of the act

Added requirement for defendants to notify law enforcement agencies of their intent to receive subpoenaed records and the status of any redaction requests

DEFINITION

Added a bracketed summary section at the beginning clarifying the bill's subject matter for reference

House Conference Committee Substitute → House Committee Substitute · 7 edits

MODERATE

This bill significantly rewrites the subpoena process in Oklahoma criminal cases, replacing the old subpoena duces tecum language with new, more detailed provisions. The changes expand what law enforcement records can be subpoenaed, clarify witness obligations, and add protections against undue burden on subpoena recipients. The bill also prohibits subpoenas for information about human victims and establishes clearer rules for fees, objections, and enforcement.

Scope change

The bill's scope expanded from primarily addressing subpoena duces tecum for business records to comprehensively covering all criminal subpoenas, including new provisions for law enforcement records, witness attendance requirements, and victim protections.

REQUIREMENT

Added specific list of law enforcement records that can be subpoenaed, including body camera videos, vehicle mounted camera videos, traffic camera videos, and incident reports.

Established fee limits for record copying at $0.25 per page for standard documents and $1.00 per page for certified copies.

Created new protections prohibiting subpoenas for information about human victims in criminal cases.

Established procedures for serving written objections to subpoenas and moving for orders to compel production.

Changed subpoena language from 'subpoena duces tecum' to broader 'subpoena' terminology and expanded the list of discoverable evidence.

ENFORCEMENT

Added requirements for courts to enforce subpoena duties and impose sanctions for violations, including lost earnings and attorney fees.

DEFINITION

Added new definitions and clarified processes for serving subpoenas in person and by mail.

Proposed Policy Committee Substitute 1 → House Conference Committee Substitute · 4 edits

MODERATE

The bill was converted from a Proposed Policy Committee Substitute to a House Conference Committee Substitute, indicating it has moved through the legislative process and is now in a final conference stage. The substantive content of the bill remains focused on criminal procedure amendments, particularly regarding subpoena issuance and discovery requirements.

Scope change

The bill's scope remains focused on criminal procedure amendments to Oklahoma law, specifically addressing subpoena duces tecum procedures and criminal discovery requirements. The conference committee version represents the final negotiated version before potential enactment.

TECHNICAL

Header information changed from 'Proposed Policy Committee Substitute' to 'House Conference Committee Substitute' with updated dates and committee information

Page numbering and formatting changed from sequential page numbers to standard legislative document format with page references

Amendment language changed from 'Proposed Policy Committee' to 'Conference Committee' indicating final legislative negotiation stage

Signatory information changed from 'Collin Duel' as sole sponsor to 'Duel of the House and Howard of the Senate' indicating conference committee compromise

Enrolled (final version) → Proposed Policy Committee Substitute 1 · 7 edits

MODERATE

The bill was completely rewritten to expand subpoena authority beyond just businesses to include law enforcement records, add protections for victims, and establish clearer rules for issuing and enforcing subpoenas in criminal cases. The new version includes specific provisions for body camera footage, imposes limits on fees for copying records, and adds protections against subpoenas seeking information from human victims.

Scope change

Expanded from limited business subpoena authority to comprehensive criminal subpoena rules covering law enforcement records, witness attendance, and victim protections

REQUIREMENT

New authority for defendants to subpoena law enforcement records including body camera videos, vehicle mounted camera videos, traffic camera videos, and incident reports

Prohibition on issuing subpoenas for information about human victims in criminal cases

Fee limits established at $0.25 per page for standard copies and $1.00 per page for certified copies

Requirements for subpoenas to state the court name and action title

Procedures for quashing subpoenas that fail to allow reasonable compliance time or require travel beyond county limits

Removed specific discovery requirements for jailhouse informant deals and recantations from the original version

ENFORCEMENT

Court authority to impose sanctions including lost earnings and attorney fees for parties who impose undue burden through subpoenas

Engrossed → Enrolled (final version) · 6 edits · May 22, 2025

MODERATE

The bill was finalized and refined to clarify criminal discovery procedures, expand subpoena authority for defendants, and strengthen protections for victims and ongoing investigations. The final version consolidates provisions, adds specific requirements for redacting sensitive information, and clarifies the scope of discoverable materials.

Scope change

The bill's scope was expanded to explicitly include subpoenas for business and commercial entities, clarify attorney authority to issue subpoenas, and add specific protections for victim interview records and jailhouse informant testimony.

REQUIREMENT

Added explicit authorization for defendants to subpoena recordings from businesses and commercial entities related to alleged criminal acts.

Added requirements for redacting juvenile records, ongoing investigation information, and informant identities from subpoenaed records.

Added protections preventing defendants from accessing recordings of victim interviews related to the case.

Added specific disclosure requirements for jailhouse informant testimony, including criminal history, deals, and recantations.

Added fee limits for record copying, capping fees at $0.25 per page for standard copies and $1.00 for certified copies.

ELIGIBILITY

Modified subpoena issuance procedures to explicitly allow attorneys to issue and sign subpoenas on behalf of courts.

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

MINOR

This amendment changes the bill's authors from House and Senate sponsors to a single House sponsor, updates the bill title formatting, and reorganizes the text to remove redundant sections while preserving the core provisions regarding criminal subpoenas for law enforcement records.

Scope change

The substantive scope of the bill remains unchanged; the amendment primarily corrects authorship attribution and streamlines the text structure.

TECHNICAL

Changed the bill's authorship from 'Duel of the House and Howard of the Senate' to 'Duel of the House' only, removing the Senate sponsor.

Reorganized the bill text by removing redundant sections and consolidating provisions into a cleaner format while maintaining all substantive legal requirements.

Updated page headers and section numbering to reflect the amended version, removing the 'Amendment No. 1' designation.

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

MINOR

The bill was amended to update its title and reorganize its sections for clarity. The substantive policy content regarding criminal subpoenas, record production, and fees remains largely the same, though some formatting and section numbering were adjusted to reflect the Senate's amendments.

Scope change

No substantive change to the bill's scope or applicability; changes are primarily formatting and structural reorganization.

TECHNICAL

The bill title was updated from 'AS INTRODUCED' to 'ENGROSSED SENATE AMENDMENT' to reflect it has been amended by the Senate.

Section headers and numbering were reorganized to align with Senate amendment format, though the substantive content of each section remains consistent.

Some fee limits and record types were slightly reworded but the actual dollar amounts and types of records (body camera videos, vehicle videos, traffic videos, incident reports, sobriety test recordings) remain unchanged.

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

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