OklahomaHB 3742Oklahoma 2026 Regular SessionHouseWALLET

Criminal procedure; Due Process Protection Act of 2026; preliminary examinations and proceedings; disclosure; effective date.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Earlier evidence and firm deadlines

Beginning November 1, 2026, police must give prosecutors any arrest body‑cam, dash‑cam, and sobriety‑test videos within 30 days of filing. Prosecutors must make those videos available to you within 90 days of filing; agencies that fail can be held in contempt. All discovery must be finished at least 30 days before trial. After arraignment, either side can ask the judge to set a discovery schedule. If new discoverable evidence is found before or during trial, it must be shared promptly.

Stronger rules for jailhouse informants

Beginning November 1, 2026, the state must share informant materials at least 30 days before trial. This includes the informant’s full criminal record, any deal or benefit, and all statements or recordings. The law defines an informant as a codefendant, someone jailed with you, or someone testifying for a benefit. Every district attorney tracks these cases and sends records to the District Attorneys Council. The council issues a de-identified yearly report by September 15, and the statewide record is for prosecutors only.

Defense must share trial evidence

Beginning November 1, 2026, if the prosecutor asks, the defense must give names and contact info for witnesses it plans to call, including alibi and mental‑health witnesses. The defense must also give written or recorded statements or summaries; courts may redact privileged parts of mental‑health materials. After the court’s deadline, the defense must let the state inspect, copy, photograph, or test physical items it plans to use and provide related exam or test reports; privileged communications stay protected. Statements filed under these rules are not evidence at trial, except to refute a required‑disclosed witness.

Redactions allowed and court remedies

Beginning November 1, 2026, prosecutors may redact some details before sharing records and must tell you what was removed. Allowed redactions include juvenile information, details that would harm an ongoing case, protected informant identity, and info that would endanger a source who asked for anonymity. Courts can seal restricted materials, compel discovery, grant continuances, exclude undisclosed evidence, or use contempt to enforce orders. Attorney work product stays protected.

Who pays for discovery copies

Beginning November 1, 2026, the party who asks for copies pays reasonable copying or testing costs. If the state got the item from you and you ask for copies, the state pays. If you are found indigent, the Indigent Defense System pays unless another law says otherwise.

Sponsors & Cosponsors

Sponsor

Erick Harris
Republican • House

Cosponsors

Julie Daniels
Republican • Senate
Aletia Timmons
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 159 • No: 0

Senate vote • 4/22/2026

THIRD READING

Yes: 48 • No: 0

Senate vote • 4/7/2026

Committee vote: Judiciary

Yes: 7 • No: 0

House vote • 3/24/2026

THIRD READING

Yes: 86 • No: 0

House vote • 3/5/2026

DO PASS

Yes: 12 • No: 0

House vote • 2/17/2026