Oklahoma § 22-305.5 - Information - Release or disclosure - Confidentiality Admissibility as evidence - Violations - Penalties

§ 22-305.5. Information - Release or disclosure - Confidentiality Admissibility as evidence - Violations - Penalties

Oklahoma Statutes - Title 22. Criminal Procedure

A. Information received and collected by any service agency

while the accused participates in a deferred prosecution program

shall not be released to any agency or individual that will use the

information for dissemination to the general public or be recorded

in a computer system that has the potential for connection with

national computer files, or be used by a law enforcement agency for

the purposes of surveillance and investigation. The provisions of

this subsection shall apply only with respect to information

received and collected by any service agency pursuant to deferred

prosecution agreements entered into by the parties relating to

crimes committed prior to the effective date of this act, unless

such information is otherwise deemed confidential by law.

B. Any information obtained in the course of investigating the

suitability of the accused for inclusion in a deferred prosecution

program shall remain confidential except for purposes of deferred

prosecution programs and shall not be released by any individual or

agency without permission from the accused, being advised by

counsel. The provisions of this subsection shall apply only to

agreements entered into by the parties relating to crimes committed

prior to July 1, 2000, unless such information is otherwise deemed

confidential by law.

C. If the deferred prosecution program is terminated before

successful completion of the agreement, no information obtained as a

result of the participation of the accused in the deferred

prosecution program shall be admissible in any subsequent proceeding

to the disadvantage of the accused, except if the information could

have been routinely gathered in the police investigation of the

crime of the accused.

D. 1. On and after the effective date of this act, any person

releasing any information required by this section to be kept

confidential shall be guilty of a misdemeanor, and shall, upon

conviction, be fined not more than One Thousand Dollars ($1,000.00)

or be imprisoned for not more than six (6) months, or both.

2. Prior to the effective date of this act, any person

releasing any information required by this section to be kept

confidential shall be guilty of a misdemeanor, and shall, upon

conviction, be fined not more than One Thousand Dollars ($1,000.00)

or be imprisoned for not more than six (6) months, or both.

E. The provisions of this subsection apply only to records

within the care and custody of the district attorney.

Added by Laws 1979, c. 226, § 5, eff. Oct. 1, 1979. Amended by Laws

2000, c. 278, § 3, eff. July 1, 2000.