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Okla. Stat. tit. 21, § 21-142A-2

This is the official text of Okla. Stat. tit. 21, § 21-142A-2, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.

Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.

Victims and witnesses rights

Official statutory text

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 Page 155

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 Page 156

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
and

Oklahoma Statutes - Title 21. Crimes and Punishments Page 156

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 Page 157

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.
7 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.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.