1. 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 children and incapacitated persons, while ensuring the rights of a criminal defendant and the integrity of the judicial process.

2. B. As used in this section:

   1. 1. "Minor witness" means any child witness in a criminal proceeding that is under eighteen (18) years of age;
   2. 2. "Support person" means a parent, other relative or a next friend chosen by the witness to accompany the witness to court proceedings;
   3. 3. "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
   4. 4. "Witness" means minor witness and incapacitated witness.

3. C.

   1. 1. In any criminal proceeding, 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. a. the nature and seriousness of the offense,
      2. b. the age of the witness,
      3. c. the relationship, if any, of the witness to the defendant,
      4. d. the extent to which the size of the community would preclude the anonymity of the witness,
      5. e. the likelihood of public disgrace of the witness,
      6. f. whether there is an overriding public interest in having the testimony of the minor or incapacitated person presented in open court,
      7. g. whether the district attorney has demonstrated a substantial risk that the identity of the witness would be disclosed to the public during the proceeding,
      8. h. whether the district attorney has demonstrated substantial probability that the disclosure of the identity of the witness would cause serious harm to the witness,
      9. i. whether the witness has disclosed information concerning the case to the public in a manner which would preclude anonymity of the witness, and
      10. j. other factors the court may deem necessary to protect the interests of justice.

   2. 2. The court shall enter an order stating its findings. If the court determines that the testimony of the witness is to be closed to the public, the court shall in its order establish who will or will not be present during the testimony of the witness, which may include:

      1. a. the defendant and/or the defense counsel,
      2. b. any officer having custody of the defendant,
      3. c. the district attorney or designee and a representative for the state,
      4. d. court personnel as necessary to conduct the hearing, including but not limited to the judge, the court clerk, the bailiff, and the court reporter,
      5. e. jury members, if appropriate, and
      6. f. the witness and a support person for the witness.
4. D. If the court determines it to be appropriate, the testimony of the witness may be taken in chambers or in some other comfortable place other than the courtroom. When the testimony of a witness is to be taken in a courtroom, the witness and support person shall be brought into the court chambers prior to the taking of the testimony to meet for a reasonable period of time with the judge, the prosecutor and the defense attorney. This meeting shall be for the purpose of explaining the court procedures to the witness and to allow the attorneys an opportunity to establish a rapport with the witness to facilitate later questioning. No one shall discuss the defendant or any facts of the case with the witness during this meeting.
5. E. A witness shall have the right to be accompanied by a support person while giving testimony at any criminal proceeding. The support person shall not discuss the testimony of the witness with any other witnesses and shall be admonished by the court to not sway, prompt or influence the testimony of the witness in any way.

Laws 1996, HB 2182, c. 202, § 1, eff. November 1, 1996; Renumbered from 12 O.S. § 2803.2 by Laws 1999, SB 481, c. 108, § 1, eff. November 1, 1999; Amended by Laws 2000, HB 2019, c. 340, § 21, emerg. eff. July 1, 2000 (superseded document available).