The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Attorney General" means the Attorney General of Oklahoma.

"Case investigator" means a representative of the Attorney General through whom contact is maintained with the witness and through whom delivery of Support to the witness is ordinarily made and documented.

"Criminal action" means a criminal proceeding initiated pursuant to Oklahoma law.

"Dangerous perpetrator" means a person who has committed or is committing, or who is alleged to have committed or is alleged to be committing, a criminal act, and who has by present or past conduct allegedly:

1. (A) killed any person,
2. (B) arranged with another to kill any person,
3. (C) expressed or shown a willingness to kill any person,
4. (D) expressed or shown a willingness to arrange a killing of any person,
5. (E) inflicted serious bodily harm upon any person,
6. (F) arranged the infliction of bodily harm upon any person,
7. (G) expressed or shown a willingness to inflict bodily harm upon any person,
8. (H) expressed or shown a willingness to inflict bodily harm upon any witness having evidence relevant to the prosecution of a criminal act,
9. (I) expressed or shown a willingness to inflict bodily harm upon any relative or significant other to any witness having evidence relevant to the prosecution of a criminal act,
10. (J) closely allied with or associated with a person who is a dangerous perpetrator.

"Government investigator" means a duly commissioned federal, state, county, municipal, or tribal law enforcement officer.

"Grand jury" means both a county or multicounty grand jury empaneled in accordance with Oklahoma law.

"Immediate family" means a spouse, parent, child, stepchild, sibling, grandparent, or household member, except when such person is in custody for an offense or is the dangerous perpetrator regarding whom the witness is actively assisting law enforcement.

"Investigation" means the gathering of evidence of criminal activity by either a grand jury, law enforcement officers, a combination thereof, or investigative depositions pursuant to Title 22, Section 258 of the Oklahoma Statutes.

"Office" means the Oklahoma Office of the Attorney General.

"Participant" means any witness approved pursuant to these rules. Immediate family if approved for participation pursuant to these rules.

"Program" means the Oklahoma Witness Protection Program.

"Prosecuting attorney" means the Attorney General, a District Attorney, or one of their assistants.

"Prosecution" means all phases of the investigation, charging, and litigation of a criminal act or acts.

"Support" means the provision of State funds for certain financial support of participants in the program including, but not limited to:

1. (A) Temporary living costs including lodging rent and per diem not to exceed the per diem authorized to State employees traveling on State business;
2. (B) Witness relocation (moving) expenses, including but not limited to the relocation of the person of program participants and the moving and/or storing of personal property of program participants;
3. (C) Security deposits for residential rental property used by relocated witnesses;
4. (D) Travel expenses to and from court not to exceed those authorized to State employees traveling on official business;
5. (E) Other necessary approved temporary expenses related to relocation or transition."

"VASU" means the Victims Advocacy and Services Unit of the Oklahoma Office of Attorney General.

"Witness" means any natural person having evidence relevant to the prosecution of a criminal act who is actively aiding the prosecution of a dangerous perpetrator by:

1. (A) providing truthful information regarding criminal activity to a government investigator;
2. (B) being subpoenaed to or testifying before a grand jury;
3. (C) being subpoenaed to or testifying in any investigative deposition admissible as evidence in a grand jury proceeding;
4. (D) being subpoenaed to or testifying in any phase of a criminal action, including all preliminary hearings, motion hearings, and trial proceedings.

Added at 31 Ok Reg 839, eff 9-12-14

Amended at 43 Ok Reg, Number 18, effective 6-11-26