Okla. Stat. tit. 22, § 22-1015: Place of execution of judgment - Persons who may witness

A. A judgment of death shall be executed at the Oklahoma State

Penitentiary at McAlester, Oklahoma, such prison to be designated by

the court by which judgment is to be rendered.

B. The judgment of execution shall take place under the

authority of the Director of the Department of Corrections and the

warden shall be present along with other necessary prison and

corrections officials to carry out the execution. The warden shall

invite the presence of a physician and the district attorney of the

county in which the crime occurred or a designee, the judge who

presided at the trial issuing the sentence of death, the chief of

police of the municipality in which the crime occurred, if

applicable, and lead law enforcement officials of any state, county

or local law enforcement agency who investigated the crime or

testified in any court or clemency proceeding related to the crime,

including but not limited to the sheriff of the county where the

conviction occurred, to witness the execution; in addition, the

Secretary of Public Safety shall be invited as well as any other

personnel or correctional personnel deemed appropriate and approved

by the Director. The warden shall, at the request of the defendant,

permit the presence of such ministers chosen by the defendant, not

exceeding two, and any persons, relatives, or friends, not to exceed

five, as the defendant may name; provided, reporters from recognized

members of the news media shall be admitted upon proper

identification, application, and approval of the warden. The

identity of all persons or entities who participate in or administer

the execution process and persons or entities who produce or supply

the drugs, medical supplies, or medical equipment for the execution

shall be confidential and shall not be subject to discovery in any

civil or criminal proceedings. The confidentiality requirement and

discovery exemption required by this subsection shall be broadly

construed and shall include but not be limited to any documents,

records, photographs, or other information that the Director of the

Department of Corrections determines may identify or reasonably lead

directly or indirectly to the identification of any person or entity

who participates in or administers the execution process or any

person or entity who produces or supplies the drugs, medical

supplies, or medical equipment for the execution. The

confidentiality requirement and discovery exemption shall apply to

records existing prior to, on, or after the effective date of this

act. The purchase of drugs, medical supplies, or medical equipment

and any other expenditures necessary to carry out the execution

shall not be subject to the provisions of the Oklahoma Central

Purchasing Act.

C. In the event the defendant has been sentenced to death in

one or more criminal proceedings in this state, or has been

sentenced to death in this state and by one or more courts of

competent jurisdiction in another state or pursuant to federal

authority, or any combination thereof, and this state has priority

to execute the defendant, the warden shall invite the prosecuting

attorney or his or her designee, the judge, and the chief law

enforcement official from each jurisdiction where any death sentence

has issued. The officials designated in this subsection shall be

allowed to witness the execution or view the execution by closed

circuit television as determined by the Director of the Department

of Corrections.

D. A place shall be provided at the Oklahoma State Penitentiary

at McAlester so that individuals who are eighteen (18) years of age

or older and who are members of the immediate family of any deceased

victim of the defendant may witness the execution. The immediate

family members shall be allowed to witness the execution from an

ions.

D. A place shall be provided at the Oklahoma State Penitentiary

at McAlester so that individuals who are eighteen (18) years of age

or older and who are members of the immediate family of any deceased

victim of the defendant may witness the execution. The immediate

family members shall be allowed to witness the execution from an

area that is separate from the area to which other nonfamily member

witnesses are admitted; provided, however, if there are multiple

deceased victims, the Department shall not be required to provide

separate areas for each family of each deceased victim. If

facilities are not capable or sufficient to provide all immediate

family members with a direct view of the execution, the Department

of Corrections may broadcast the execution by means of a closed

circuit television system to an area in which other immediate family

members may be located.

Immediate family members may request individuals not directly

related to the deceased victim but who serve a close supporting role

or professional role to the deceased victim or an immediate family

member including but not limited to a minister or licensed

counselor. The warden in consultation with the Director shall

approve or disapprove such requests. Provided further, the

Department may set a limit on the number of witnesses or viewers

within occupancy limits.

As used in this section, “members of the immediate family” means

the spouse, a child by birth or adoption, a stepchild, a parent, a

grandparent, a grandchild, a sibling of a deceased victim, or the

spouse of any immediate family member specified in this subsection.

E. Any surviving victim of the defendant who is eighteen (18)

years of age or older may view the execution by closed circuit

television with the approval of both the Director of the Department

of Corrections and the warden. The Director and warden shall

prioritize persons to view the execution, including immediate family

members, surviving victims, and supporting persons, and may set a

limit on the number of viewers within occupancy limits. Any

surviving victim approved to view the execution of the defendant may

have an accompanying support person as provided for members of the

immediate family of a deceased victim. As used in this subsection,

“surviving victim” means any person who suffered serious harm or

injury due to the criminal acts of the defendant of which the

defendant has been convicted in a court of competent jurisdiction.

R.L. 1910, § 5982. Amended by Laws 1913, c. 113, p. 209, § 9; Laws

1951, p. 64, § 1, emerg. eff. May 1, 1951; Laws 1992, c. 106, § 2,

eff. Sept. 1, 1992; Laws 1996, c. 28, § 1, emerg. eff. April 8,

1996; Laws 1997, c. 173, § 1, emerg. eff. May 7, 1997; Laws 1997, c.

357, § 8, emerg. eff. June 9, 1997; Laws 2004, c. 118, § 1, eff.

Nov. 1, 2004; Laws 2007, c. 358, § 7, eff. July 1, 2007; Laws 2009,

c. 275, § 3, eff. Nov. 1, 2009; Laws 2011, c. 70, § 2, eff. Nov. 1,

2011; Laws 2024, c. 234, § 1, emerg. eff. April 30, 2024.