§ 2510.1 Crime stoppers organizations--Privileged communications--Orders for production of records

Codes > Oklahoma Statutes > Title 12 > Chapter 40 : Article V > 2510.1

§ 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 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.