Oklahoma § 12-2510.1 - Crime stoppers organizations – Privileged

§ 12-2510.1. Crime stoppers organizations – Privileged

communications – Orders for production of records.

A. As used in this section:

1. “Crime stoppers organization” means a private, nonprofit

organization that is certified by the Oklahoma Crime Stoppers

Association, accepts and expends donations for rewards to persons

who report to the organization information concerning criminal

activity and that forwards the information to the appropriate law

enforcement agency;

2. “Privileged communication” means a statement by any person

who wishes to remain anonymous to a certified crime stoppers

organization for the purpose of reporting alleged criminal activity;

and

3. “Certified” means crime stopper organizations that annually

meet the certification standards for crime stoppers programs

established by the Oklahoma Crime Stoppers Association to the extent

those standards do not conflict with state statutes. The term

"court" refers to all municipal and district courts within this

state.

B. Evidence of a privileged communication between a person

submitting a report of a criminal act to a certified crime stoppers

organization and the person who accepts the report on behalf of the

organization is not admissible in a court or an administrative

proceeding.

C. Records of a certified crime stoppers organization

concerning a privileged communication of criminal activity may not

be compelled to be produced before a court or other tribunal except

upon the motion of a criminal defendant to the court in which the

offense is being tried that the records or report contains evidence

that is exculpatory to the defendant in the trial of that offense.

D. Upon the motion of a defendant under subsection C of this

section, the court may issue an order for production of the records

or report. The court shall conduct an in camera inspection of

materials produced under the order to determine whether the records

or report contain evidence that is exculpatory to the defendant.

E. If the court determines that the records or report produced

contain evidence that is exculpatory to the defendant, the court

shall present the evidence to the defendant in a form that does not

disclose the identity of the person who was the source of the

evidence, unless the state or federal constitution requires the

disclosure of the identity of that person.

F. The court shall return to the certified crime stoppers

organization the records or report that are produced under this

Oklahoma Statutes - Title 12. Civil Procedure

section but not disclosed to the defendant. The certified crime

stoppers organization shall store the records or report until the

conclusion of the criminal trial and the expiration of the time for

all direct appeals in the case.

Added by Laws 2002, c. 323, § 1, eff. Nov. 1, 2002. Amended by Laws

2010, c. 37, § 1, eff. Nov. 1, 2010.