Oklahoma § 21-142A - Short title

§ 21-142A. Short title

Sections 142A, 142A-1 and 142B of this title and Sections 4

through 11 of this act shall be known and may be cited as the

"Oklahoma Victim's Rights Act".

Added by Laws 1993, c. 325, § 3, emerg. eff. June 7, 1993. Amended

by Laws 1997, c. 357, § 1, emerg. eff. June 9, 1997; Laws 2010, c.

135, § 2, eff. Nov. 1, 2010.

§21-142A-1. Definitions.

For purposes of the Oklahoma Victim's Rights Act:

1. "Crime victim" or "victim" means any person against whom a

crime or delinquent act was committed or a person directly and

proximately harmed by the commission of a crime or delinquent act,

except homicide, in which case the victim may be a surviving family

member including a stepbrother, stepsister or stepparent, or the

estate when there are no surviving family members other than the

defendant, and who, as a direct result of the crime, suffers injury,

loss of earnings, out-of-pocket expenses, or loss or damage to

property, and who is entitled to restitution from an offender

pursuant to an order of restitution imposed by a sentencing court

under the laws of this state. The term "victim" does not include

the accused or a person whom the court finds would not act in the

best interests of a person who is deceased or incompetent, a minor

or an incapacitated victim;

2. "Injury" means any physical, mental, or emotional harm

caused by the conduct of an offender and includes the expenses

incurred for medical, psychiatric, psychological, or generally

accepted remedial treatment of the actual bodily or mental harm,

including pregnancy and death, directly resulting from a crime and

aggravation of existing physical injuries, if additional losses can

be attributed to the direct result of the crime;

3. "Loss of earnings" means the deprivation of earned income or

of the ability to earn previous levels of income as a direct result

of a crime and the loss of the cash equivalent of Social Security,

railroad retirement, pension plan, retirement plan, disability,

veteran's retirement, court-ordered child support or court-ordered

spousal support, where the payment is the primary source of the

victim's income, and where the victim is deprived of the money as a

direct result of the crime;

4. "Members of the immediate family" means the spouse, a child

by birth or adoption, a stepchild, a parent by birth or adoption, a

stepparent, a grandparent, a grandchild, a sibling, or a stepsibling

of each victim;

5. "Out-of-pocket loss" means the unreimbursed and

nonreimbursable expenses or indebtedness incurred for medical care,

nonmedical care, or other services necessary for the treatment of

the actual bodily or mental harm, including pregnancy and funeral

Oklahoma Statutes - Title 21. Crimes and Punishments

expenses, directly resulting from the crime and aggravation of

existing physical injuries, if additional losses can be attributed

directly to the crime; the unreimbursed and nonreimbursable expenses

for damage to real and personal property as a direct result of the

crime, and unreimbursed and nonreimbursable economic losses incurred

as a consequence of participation in prosecution and proceedings

related to the crime;

6. "Property" means any real or personal property;

7. "Restitution" means the return of property to the crime

victim or payments in cash or the equivalent thereof, and payment in

cash or the equivalent thereof as reparation for injury, loss of

earnings, and out-of-pocket loss ordered by the court in the

disposition of a criminal proceeding;

8. "Victim impact statements" means information about the

financial, emotional, psychological, and physical effects of a

violent crime on each victim and members of their immediate family,

or person designated by the victim or by family members of the

victim and includes information about the victim, circumstances

surrounding the crime, the manner in which the crime was

perpetrated, and the opinion of the victim of a recommended

sentence; and

9. "Violent crime" means any crime listed in paragraph 2 of

Section 571 of Title 57 of the Oklahoma Statutes or any attempt,

conspiracy or solicitation to commit any such crime or the crime of

negligent homicide pursuant to Section 11-903 of Title 47 of the

Oklahoma Statutes or the crime of causing great bodily injury while

driving under the influence of intoxicating substance pursuant to

Section 11-904 of Title 47 of the Oklahoma Statutes.

Added by Laws 1997, c. 357, § 2, emerg. eff. June 9, 1997. Amended

by Laws 2010, c. 135, § 3, eff. Nov. 1, 2010; Laws 2014, c. 258, §

1, eff. Nov. 1, 2014; Laws 2019, c. 438, § 1, eff. Nov. 1, 2019.

§21-142A-2. Victims and witnesses rights.

A. The office of the district attorney shall inform the victims

and witnesses of crimes of their rights under the Oklahoma Victim's

Rights Act, which shall include the following rights:

1. Upon request, to be notified and to be present at all

proceedings involving the criminal or delinquent conduct, to be

heard in any proceeding involving release, plea, sentencing,

disposition, parole and any proceeding during which a right of the

victim is implicated and to be notified that a court proceeding to

which a victim or witness has been subpoenaed will or will not go on

as scheduled, in order to save the person an unnecessary trip to

court;

2. To be treated with fairness and respect for the safety,

dignity and privacy of the victim, to receive protection from harm

and threats of harm arising out of the cooperation of the person

Oklahoma Statutes - Title 21. Crimes and Punishments

with law enforcement and prosecution efforts, to be provided with

information as to the level of protection available and how to

access protection and, upon request, to be notified of any release

or escape of an accused;

3. To be informed of financial assistance and other social

services available as a result of being a witness or a victim,

including information on how to apply for the assistance and

services;

4. To be informed of the procedure to be followed in order to

apply for and receive any witness fee to which the victim or witness

is entitled;

5. To be informed of the procedure to be followed in order to

apply for and receive any restitution to which the victim is

entitled;

6. To be provided, whenever possible, a secure waiting area

during court proceedings that does not require close proximity to

defendants and families and friends of defendants;

7. To have any stolen or other personal property expeditiously

returned by law enforcement agencies when no longer needed as

evidence. If feasible, all such property, except weapons, currency,

contraband, property subject to evidentiary analysis and property

the ownership of which is disputed, shall be returned to the person;

8. To be provided with appropriate employer intercession

services to ensure that employers of victims and witnesses will

cooperate with the criminal justice process in order to minimize the

loss of pay and other benefits of the employee resulting from court

appearances;

9. To have the family members of all homicide victims afforded

all of the services under this section, whether or not the person is

to be a witness in any criminal proceeding;

10. To be informed of any plea bargain negotiations and, upon

request, to confer with the attorney for the state;

11. To have victim impact statements filed with the judgment

and sentence;

12. To be informed if a sentence is overturned, remanded for a

new trial or otherwise modified by the Oklahoma Court of Criminal

Appeals;

13. To be informed in writing of all constitutional and

statutory rights. Upon initial contact with a victim, a municipal,

county or state law enforcement officer shall provide the victim

with a written copy of the constitutional and statutory rights of

the victim unless, in the judgment of the law enforcement officer

making the initial contact, the circumstances of the criminal

offense or delinquent act and condition of the victim indicates that

the victim, family of the victim or dependents of the victim will

not be able to understand the significance of the constitutional and

statutory rights. If a written copy of the constitutional and

Oklahoma Statutes - Title 21. Crimes and Punishments

statutory rights is not provided upon initial contact with the

victim, a written copy of the rights shall be provided on the next

contact with the victim by a law enforcement officer with the same

law enforcement agency no later than twenty-four (24) hours after

the initial contact. The Attorney General shall prepare and place

on the official website of the Attorney General a sample

notification card listing all constitutional and statutory

provisions relative to the rights of victims. The card shall be

suitable for law enforcement agencies to download for the purpose of

providing the cards to victims in printed form. Law enforcement

agencies may use the form prepared by the Attorney General or may

prepare and use any other written notification form they see fit as

long as all rights under the Oklahoma Victim's Rights Act are

included;

14. To be informed that when any family member is required to

be a witness by a subpoena from the defense, there must be a showing

that the witness can provide relevant testimony as to the guilt or

innocence of the defendant before the witness may be excluded from

the proceeding by invoking the rule to remove potential witnesses

and to refuse an interview or other request made by the accused or

any person acting on behalf of the accused, other than a refusal to

appear if subpoenaed by defense counsel;

15. To be informed that the Oklahoma Constitution allows, upon

the recommendation of the Pardon and Parole Board and the approval

of the Governor, the commutation of any sentence, including a

sentence of life without parole;

16. To receive written notification of how to access victim

rights information from the interviewing officer or investigating

detective;

17. To a speedy disposition of the charges free from

unwarranted delay caused by or at the behest of the defendant or

minor. In determining a date for any criminal trial or other

important criminal or juvenile justice hearing, the court shall

consider the interests of the victim of a crime to a speedy

resolution of the charges under the same standards that govern the

right to a speedy trial for a defendant or a minor. In ruling on

any motion presented on behalf of a defendant or minor to continue a

previously established trial or other important criminal or juvenile

justice hearing, the court shall inquire into the circumstances

requiring the delay and consider the interests of the victim of a

crime to a speedy resolution of the case. If a continuance is

granted, the court shall enter into the record the specific reason

for the continuance and the procedures that have been taken to avoid

further delays; and

18. To any other rights enumerated in Section 34 of Article II

of the Oklahoma Constitution.

Oklahoma Statutes - Title 21. Crimes and Punishments

B. The office of the district attorney shall inform the crime

victim of an offense committed by a juvenile of the name and address

of the juvenile found to have committed the crime, and shall notify

the crime victim of all court hearings involving that particular

juvenile act. If the victim is not available, the office of the

district attorney shall notify an adult relative of the victim of

said hearings.

C. The office of the district attorney shall inform victims of

violent crimes and members of the immediate family of such victims

of their rights under Sections 142A-8 and 142A-9 of this title and

Section 332.2 of Title 57 of the Oklahoma Statutes.

D. In any felony case involving a violent crime or a sex

offense, the office of the district attorney shall inform the

victim, as soon as practicable, or an adult member of the immediate

family of the victim if the victim is deceased, incapacitated, or

incompetent, of the progress of pretrial proceedings which could

substantially delay the prosecution of the case.

E. The office of the district attorney shall inform the crime

victim that he or she has the right to utilize the automated

notification system provided by the designated Oklahoma victim

notification service provider for purposes of receiving information

regarding the location of the defendant following an arrest, during

a prosecution of the criminal case, during a sentence to probation

or confinement, and when there is any release or escape of the

defendant from confinement.

F. The victim, the attorney for the victim or other lawful

representative, or the attorney for the state upon request of the

victim may assert in any trial or appellate court or before any

other authority with jurisdiction over the case and have enforced

all the rights enumerated in this section and any other right

afforded to the victim by law. The court or other authority shall

act promptly on such a request. The rights afforded victims under

the Oklahoma Victim's Rights Act shall be protected in a manner no

less vigorous than the rights afforded the accused.

Added by Laws 2010, c. 135, § 4, eff. Nov. 1, 2010. Amended by Laws

2017, c. 380, § 1, eff. Nov. 1, 2017; Laws 2019, c. 438, § 2, eff.

Nov. 1, 2019.

§21-142A-3. Informing victim of rights – Lethality assessment.

A. Upon the preliminary investigation of a violent crime, it

shall be the duty of the peace officer who interviews the victim of

such crime to inform the victim, or a responsible adult if the

victim is a minor child or an incompetent person, or the family

member who receives death notification in the case of a homicide, in

writing, of their rights as a crime victim. Written notification

shall consist of handing the victim, responsible adult, if the

victim is a minor child or an incompetent person, or family member

Oklahoma Statutes - Title 21. Crimes and Punishments

receiving death notification, a preprinted card or brochure that, at

a minimum, includes the following information:

1. A statement that reads, "As a victim of crime, you have

certain rights";

2. Telephone and address information for the local District

Attorney Victim-Witness Coordinator; and

3. The website address where victims can access a full list of

their rights, additional information, and how to apply for crime

victim compensation assistance.

B. A victim of domestic abuse has the right to be informed by

the first peace officer who interviews the victim of domestic abuse

of the twenty-four-hour statewide telephone communication service

established by Section 18p-5 of Title 74 of the Oklahoma Statutes

and to give notice to the victim of certain rights. The notice

shall consist of handing such victim the following statement:

"As a victim of domestic abuse, you have certain rights. These

rights are as follows:

1. The right to request that charges be pressed against your

assailant;

2. The right to request protection from any harm or threat of

harm arising out of your cooperation with law enforcement and

prosecution efforts as far as facilities are available and to be

provided with information on the level of protection available;

3. The right to be informed of financial assistance and other

social services available as a result of being a victim including

information on how to apply for the assistance and services; and

4. The right to file a petition for a protective order or, when

the domestic abuse occurs when the court is not open for business,

to request an emergency temporary protective order."

C. The victim of sexual assault, as defined in Section 142.20

of this title, has the right to be informed by the peace officer who

interviews the victim of sexual assault, or a responsible adult if

the victim is a minor child or an incompetent person, of the twentyfour-hour statewide telephone communication service established by

the Office of the Attorney General for victims of sexual assault

pursuant to Section 18p-5 of Title 74 of the Oklahoma Statutes and

to give notice to the victim or such responsible adult of certain

rights of the victim. The notice shall consist of handing such

victim or responsible adult a written statement in substantially the

following form:

"As a victim of sexual assault, you have certain rights. These

rights are as follows:

1. The right to request that charges be pressed against your

assailant;

2. The right to request protection from any harm or threat of

harm arising out of your cooperation with law enforcement and

Oklahoma Statutes - Title 21. Crimes and Punishments

prosecution efforts as far as facilities are available and to be

provided with information on the level of protection available;

3. The right to be informed of financial assistance and other

social services available to victims including information on how to

apply for the assistance and services;

4. The right to a free forensic medical examination;

5. The right to be informed by the district attorney of other

victim's rights available pursuant to Section 142A-2 of this title;

6. The right to speak with a sexual assault victims' advocate;

7. The right to request and receive the status and results of

the analysis of the sexual assault forensic evidence; and

8. The right to request a copy of the police report."

D. Upon the preliminary investigation of a domestic violence

crime involving intimate partner violence, the first peace officer

who interviews the victim of domestic abuse shall assess the

potential for danger by asking a series of questions provided on a

lethality assessment form available on the Oklahoma Attorney General

website. The lethality assessment form shall include the following

questions:

1. Has the person ever used a weapon against the victim or

threatened the victim with a weapon?

2. Has the person threatened to kill the victim or children of

the victim?

3. Does the victim think the person will try to kill the

victim?

4. Has the person ever tried to choke the victim?

5. Is the person violently or constantly jealous or does the

person control most of the daily activities of the victim?

6. Has the victim left or separated from the person after

living together or being married?

7. Is the person unemployed?

8. Has the person ever tried to kill himself or herself?

9. Does the victim have a child that the person knows is not

his or her own child?

10. Does the person follow or spy on the victim or leave the

victim threatening messages?

11. Is there anything else that worries the victim about his or

her safety and if so, what worries the victim?

E. If the results of the lethality assessment indicate a

referral is suggested, the assessing officer shall implement the

protocol referral process to a domestic violence advocate from a

certified or tribal program as follows:

1. Advise the victim of the results of the assessment;

2. Advise the victim that based on the results of the

assessment the officer will call the domestic violence hotline to

allow the victim to speak with an advocate;

Oklahoma Statutes - Title 21. Crimes and Punishments

3. If the victim does not want to speak with an advocate, the

officer shall document the refusal on the form.

F. Regardless of the results of the lethality assessment,

referral information for shelters, domestic violence programs and

other social services shall be provided to the victim.

Added by Laws 2010, c. 135, § 5, eff. Nov. 1, 2010. Amended by Laws

2014, c. 196, § 1, eff. Nov. 1, 2014; Laws 2021, c. 344, § 1, eff.

Nov. 1, 2021; Laws 2022, c. 228, § 3, emerg. eff. May 5, 2022.

NOTE: Laws 2021, c. 552, § 8 repealed by Laws 2022, c. 228, § 4,

emerg. eff. May 5, 2022.

§21-142A-4. Petition for relief.

A victim of domestic abuse, a victim of stalking, a victim of

harassment, a victim of rape, any adult or emancipated minor

household member on behalf of any other family or household member

who is a minor or incompetent, or any minor age sixteen (16) or

seventeen (17) years may seek relief under the provisions of the

Protection from Domestic Abuse Act. The person seeking relief shall

prepare the petition for a protective order or, at the request of

the plaintiff, the court clerk or the victim-witness coordinator,

victim support person, or court case manager shall prepare or assist

the plaintiff in preparing the petition.

Added by Laws 2010, c. 135, § 6, eff. Nov. 1, 2010.

§21-142A-5. Restitution form.

The district attorney's office shall provide all victims,

regardless of whether the crime victim makes a specific request,

with an official request for restitution form to be completed and

signed by the crime victim, and to include all invoices, bills,

receipts, and other evidence of injury, loss of earnings and out-ofpocket loss. The crime victim shall provide all documentation and

evidence of compensation or reimbursement from insurance companies

or agencies of this state, any other state, or the federal

government received as a direct result of the crime for injury, loss

of earnings or out-of-pocket loss. The unexcused failure or refusal

of the crime victim to provide all or part of the requisite

information prior to the sentencing, unless disclosure is deferred

by the court, shall constitute a waiver of any grounds to appeal or

seek future amendment or alteration of the restitution order

predicated on the undisclosed available information.

Added by Laws 2010, c. 135, § 7, eff. Nov. 1, 2010.

§21-142A-6. Priority interest in proceeds.

The victims and the legal representative of a victim of a crime

shall have a priority interest in any proceeds or profits received

by a district court from an offender or any other person with the

cooperation of the offender, who is required to forfeit any proceeds

Oklahoma Statutes - Title 21. Crimes and Punishments

or profits from any source, as a direct or indirect result of the

crime or sentence, or the notoriety which the crime or sentence has

conferred upon the offender pursuant to the provisions of Section 17

of Title 22 of the Oklahoma Statutes.

Added by Laws 2010, c. 135, § 8, eff. Nov. 1, 2010.

§21-142A-7. Address designation.

An adult person, a parent or guardian acting on behalf of a

minor, or a guardian acting on behalf of an incapacitated person, as

defined by Section 1-111 of Title 30 of the Oklahoma Statutes, may

apply to the Attorney General to have an address designated by the

Attorney General serve as the address of the person or the address

of the minor or incapacitated person pursuant to the Address

Confidentiality Program established in Section 60.14 of Title 22 of

the Oklahoma Statutes.

Added by Laws 2010, c. 135, § 9, eff. Nov. 1, 2010.

§21-142A-8. Presentation and use of victim impact statement at

sentencing and parole proceedings.

A. Each victim, or members of the immediate family of each

victim or person designated by the victim or by family members of

the victim, may present a written victim impact statement, which may

include religious invocations or references, or may appear

personally at the sentence proceeding and present the statements

orally. Provided, however, if a victim or any member of the

immediate family or person designated by the victim or by family

members of a victim wishes to appear personally, the person shall

have the absolute right to do so. Any victim or any member of the

immediate family or person designated by the victim or by family

members of a victim who appears personally at the formal sentence

proceeding shall not be cross-examined by opposing counsel;

provided, however, such cross-examination shall not be prohibited in

a proceeding before a jury or a judge acting as a finder of fact. A

written victim impact statement introduced at a formal sentence

proceeding shall not be amended by any person other than the author,

nor shall the statement be excluded in whole or in part from the

court record. The court shall allow the victim impact statement to

be read into the record.

B. If a presentence investigation report is prepared, the

person preparing the report shall consult with each victim or

members of the immediate family or a designee of members of the

immediate family if the victim is deceased, incapacitated or

incompetent, and include any victim impact statements in the

presentence investigation report. If the individual to be consulted

cannot be located or declines to cooperate, a notation to that

effect shall be included.

Oklahoma Statutes - Title 21. Crimes and Punishments

C. The judge shall make available to the parties copies of any

victim impact statements.

D. In any case which is plea bargained, victim impact

statements shall be presented at the time of sentencing or attached

to the district attorney narrative report. In determining the

appropriate sentence, the court shall consider among other factors

any victim impact statements if submitted to the jury, or the judge

in the event a jury was waived.

E. The Department of Corrections and the Pardon and Parole

Board, in deciding whether to release an individual on parole, shall

consider any victim impact statements submitted to the jury, or the

judge in the event a jury was waived.

Added by Laws 1992, c. 136, § 8, eff. July 1, 1992. Amended by Laws

1993, c. 325, § 18, emerg. eff. June 7, 1993; Laws 1999, c. 417, §

2, emerg. eff. June 10, 1999; Laws 2006, c. 280, § 1, eff. Nov. 1,

2006; Laws 2007, c. 319, § 1, eff. Nov. 1, 2007; Laws 2008, c. 100,

§ 1, eff. Nov. 1, 2008; Laws 2010, c. 135, § 14, eff. Nov. 1, 2010.

Renumbered from § 984.1 of Title 22 by Laws 2010, c. 135, § 19, eff.

Nov. 1, 2010.

§21-142A-9. Disclosure of personal information of victim or witness

may be prohibited.

The court, upon the request of a victim, witness, or the

district attorney, may order that the residential address, telephone

number, place of employment, or other personal information of the

victim or witness shall not be disclosed in any law enforcement

record or any court document, other than the transcript of a court

proceeding, if it is determined by the court to be necessary to

protect the victim, witness, or immediate family of the victim or

witness from harassment or physical harm and if the court determines

that the information is immaterial to the defense.

Added by Laws 1992, c. 136, § 9, eff. July 1, 1992. Amended by Laws

1999, c. 417, § 3, emerg. eff. June 10, 1999; Laws 2006, c. 197, §

1, eff. Nov. 1, 2006; Laws 2010, c. 135, § 15, eff. Nov. 1, 2010.

Renumbered from § 984.2 of Title 22 by Laws 2010, c. 135, § 20, eff.

Nov. 1, 2010.

§21-142A-10. Wearing of buttons containing victim's picture by

immediate family.

A. A court shall permit members of the immediate family of a

murder victim to wear buttons containing a picture of the victim as

a symbol of grief in a trial. The button shall not exceed four (4)

inches in diameter.

B. As used in subsection A of this section, “members of the

immediate family” means the spouse, children by birth or adoption,

stepchildren, parents or stepparents, grandparents, grandchildren,

siblings, aunts, uncles or cousins of the murder victim.

Oklahoma Statutes - Title 21. Crimes and Punishments

Added by Laws 2007, c. 119, § 2, emerg. eff. May 9, 2007.

Renumbered from § 984.3 of Title 22 by Laws 2010, c. 135, § 21, eff.

Nov. 1, 2010.

§21-142A-11. Return of exhibit.

If the owner of an exhibit that has been introduced, filed, or

held in custody of the state in any criminal action or proceeding is

the victim of the offense for which such exhibit is held, the victim

may make application to the court at any time prior to the final

disposition of the action or proceeding for the return of the

exhibit.

Added by Laws 2010, c. 135, § 10, eff. Nov. 1, 2010.

§21-142A-12. Contesting parole – Notification of victims.

A. Any victim or representative of a victim of a violent crime

as provided in paragraph 2 of Section 571 of Title 57 of the

Oklahoma Statutes may contest the granting of parole as provided in

Section 332.7 of Title 57 of the Oklahoma Statutes.

B. The Pardon and Parole Board shall notify all victims or

representatives of a victim, if requested, in writing at least

twenty (20) days before an inmate is considered for parole by the

Board. The notice shall include the date, time and place of the

scheduled meeting and the rules for attendance and providing

information. The victim or representative of the victim shall be

allowed at least five (5) minutes to address the Board. The Board

shall notify all victims or representatives of a victim of the

decision of the Board within twenty (20) days after the inmate is

considered for parole by the Board.

C. It is the responsibility of the victim or representative of

the victim to provide the Pardon and Parole Board a current mailing

address. The district attorney's office shall assist the victim or

representative of the victim with supplying the address of the

victim to the Board if the victim wishes to be notified. Upon

failure of the Pardon and Parole Board to notify a victim who has

requested notification and has provided a current mailing address,

the final decision of the Board may be voidable, provided the victim

who failed to receive notification requests a reconsideration

hearing within thirty (30) days of the recommendation by the Board

for parole.

D. If requested by the victim of a crime, the Pardon and Parole

Board shall provide written notification of the placement of the

inmate on specialized parole within the county or incorporated city

or town to any victim of the crime for which the inmate was

convicted by mailing the notification to the last-known address of

the victim. The Board shall not give the address of the inmate to

any victim of the crime for which the inmate was convicted.

Added by Laws 2010, c. 135, § 11, eff. Nov. 1, 2010.

Oklahoma Statutes - Title 21. Crimes and Punishments

§21-142A-13. Granting of parole or pardon – Notification of

victims.

A. Upon the granting of a parole by the Governor, and release

of the inmate to the community, the Pardon and Parole Board shall

provide written notification to any victim of the crime for which

the parolee was convicted by mailing the notification to the lastknown address of the victim, if such information is requested by the

victim. The Pardon and Parole Board shall not give the address of

the parolee to any victim of the crime for which the parolee was

convicted.

B. Upon the granting of a pardon by the Governor, the Pardon

and Parole Board shall provide written notification to any victim of

the crime for which the person receiving the pardon was convicted by

mailing the notification to the last-known address of the victim, if

such information is requested by the victim. The Pardon and Parole

Board shall not give the address of the person receiving the pardon

to any victim of the crime for which the person receiving the pardon

was convicted.

C. The notification requirements provided for in subsections A

and B of this section shall be made on a monthly basis by the tenth

day of the month following the granting of the pardon or parole.

D. The Department of Corrections shall provide notice of the

projected date of release of an inmate to the designated Oklahoma

victim notification service provider within sixty (60) days but not

less than seven (7) days prior to the projected date of release of

the inmate.

Added by Laws 2010, c. 135, § 12, eff. Nov. 1, 2010. Amended by

Laws 2017, c. 380, § 2, eff. Nov. 1, 2017.

§21-142A-14. Witnessing execution - Rules.

A. A judgment of death must be executed at the Oklahoma State

Penitentiary at McAlester, Oklahoma, said prison to be designated by

the court by which judgment is to be rendered. A place shall be

provided at the Oklahoma State Penitentiary at McAlester so that

individuals who are eighteen (18) years of age or older and who are

members of the immediate family of any deceased victim of the

defendant may witness the execution. The immediate family members

shall be allowed to witness the execution from an area that is

separate from the area to which other nonfamily member witnesses are

admitted, provided, however, if there are multiple deceased victims,

the Department of Corrections shall not be required to provide

separate areas for each family of each deceased victim. If

facilities are not capable or sufficient to provide all immediate

family members with a direct view of the execution, the Department

may broadcast the execution by means of a closed circuit television

Oklahoma Statutes - Title 21. Crimes and Punishments

system to an area in which other immediate family members may be

located.

B. Immediate family members may request individuals not

directly related to the deceased victim but who serve a close

supporting role or professional role to the deceased victim or an

immediate family member, including, but not limited to, a minister

or licensed counselor. The warden in consultation with the Director

of the Department of Corrections shall approve or disapprove such

requests. Provided further, the Department may set a limit on the

number of witnesses or viewers within occupancy limits.

C. Any surviving victim of the defendant who is eighteen (18)

years of age or older may view the execution by closed circuit

television with the approval of both the Director of the Department

of Corrections and the warden. The Director and warden shall

prioritize persons to view the execution, including immediate family

members, surviving victims, and supporting persons, and may set a

limit on the number of viewers within occupancy limits. Any

surviving victim approved to view the execution of their perpetrator

may have an accompanying support person as provided for members of

the immediate family of a deceased victim.

D. As used in this section:

1. "Members of the immediate family" means the spouse, a child

by birth or adoption, a stepchild, a parent by birth or adoption, a

stepparent, a grandparent, a grandchild, a sibling, or a stepsibling

of a deceased victim, or the spouse of any immediate family member;

and

2. "Surviving victim" means any person who suffered serious

harm or injury due to the criminal acts of the defendant of which

the defendant has been convicted in a court of competent

jurisdiction.

Added by Laws 2010, c. 135, § 13, eff. Nov. 1, 2010. Amended by

Laws 2014, c. 258, § 2, eff. Nov. 1, 2014.