Okla. Stat. tit. 12, § 12-2611.2

to public - Taking testimony outside courtroom - Meeting in chambers

with judge and attorneys - Presence of support person or therapeutic

dog.

A. It is the intent of the Legislature in enacting this section

to provide the court with discretion to employ unusual court

procedures to protect the rights of incapacitated persons, while

Oklahoma Statutes - Title 12. Civil Procedure Page 469

ensuring the rights of a criminal defendant and the integrity of the

judicial process.

B. As used in this section:

1. "Support person" means a parent, other relative or a next

friend chosen by the witness to accompany the witness to court

proceedings;

2. "Incapacitated witness" means any witness in a criminal

proceeding that is a person who is defined as an incapacitated

person or vulnerable adult as such terms are defined by the

provisions of Section 10-103 of Title 43A of the Oklahoma Statutes;

and

3. "Witness" means incapacitated witness.

C. The court, upon motion of counsel, shall conduct a hearing

to determine whether the testimony of a witness shall be closed to

the public. In making the decision, the court shall consider:

1. The nature and seriousness of the issues in the proceeding;

2. The age of the witness;

3. The relationship, if any, of the witness to the defendant;

4. The extent to which the size of the community would preclude

the anonymity of the witness;

5. The likelihood of public disgrace of the witness;

6. Whether there is an overriding public interest in having the

testimony of the witness presented in open court;

7. The substantial risk that the identity of the witness would

be disclosed to the public during the proceeding;

8. The substantial probability that the disclosure of the

identity of the witness would cause serious harm to the witness;

9. Whether the witness has disclosed information concerning the

case to the public in a manner which would preclude anonymity of the

witness; and

10. Other factors the court may deem necessary to protect the

interests of justice.

D. If the court determines that the testimony of the witness is

to be closed to the public, the court shall in its order accordingly

and set forth the persons who can be present during the taking of

testimony of the witness, which shall include:

1. The parties to the proceeding and their counsel;

2. Any officer having custody of the witness;

3. Court personnel as may be necessary to conduct the hearing

and maintain order, including but not limited to the judge, the

court clerk, the bailiff, and the court reporter;

4. Jury members, if appropriate; and

5. The witness and a support person for the witness.

E. The testimony of the witness may be taken in the courtroom,

in chambers, or in some other comfortable place. If the testimony

of a witness is to be taken in a courtroom, the witness and support

person shall be assembled in the court chambers prior to the taking

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of the testimony to meet for a reasonable period of time with the

judge, and counsel for the parties. At this meeting court

procedures shall be explained to the witness and counsel shall be

given an opportunity to establish a rapport with the witness to

facilitate taking the testimony of the witness at a later time. The

facts involved in the proceeding shall not be discussed with the

witness during this meeting.

F. A witness shall have the right to be accompanied by a

support person while giving testimony in the proceeding, but the

support person shall not discuss the testimony of the witness with

any other witnesses or attempt to prompt or influence the testimony

of the witness in any way. In lieu of a support person, a witness

shall be afforded the opportunity to have a certified therapeutic

dog accompanied by the handler of the certified therapeutic dog

pursuant to the provisions set forth in Section 1 of this act.