{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1015","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1015","heading":"Place of execution of judgment - Persons who may witness","body":"A. A judgment of death shall be executed at the Oklahoma State\n\nPenitentiary at McAlester, Oklahoma, such prison to be designated by\n\nthe court by which judgment is to be rendered.\n\nB. The judgment of execution shall take place under the\n\nauthority of the Director of the Department of Corrections and the\n\nwarden shall be present along with other necessary prison and\n\ncorrections officials to carry out the execution. The warden shall\n\ninvite the presence of a physician and the district attorney of the\n\ncounty in which the crime occurred or a designee, the judge who\n\npresided at the trial issuing the sentence of death, the chief of\n\npolice of the municipality in which the crime occurred, if\n\napplicable, and lead law enforcement officials of any state, county\n\nor local law enforcement agency who investigated the crime or\n\ntestified in any court or clemency proceeding related to the crime,\n\nincluding but not limited to the sheriff of the county where the\n\nconviction occurred, to witness the execution; in addition, the\n\nSecretary of Public Safety shall be invited as well as any other\n\npersonnel or correctional personnel deemed appropriate and approved\n\nby the Director. The warden shall, at the request of the defendant,\n\npermit the presence of such ministers chosen by the defendant, not\n\nexceeding two, and any persons, relatives, or friends, not to exceed\n\nfive, as the defendant may name; provided, reporters from recognized\n\nmembers of the news media shall be admitted upon proper\n\nidentification, application, and approval of the warden. The\n\nidentity of all persons or entities who participate in or administer\n\nthe execution process and persons or entities who produce or supply\n\nthe drugs, medical supplies, or medical equipment for the execution\n\nshall be confidential and shall not be subject to discovery in any\n\ncivil or criminal proceedings. The confidentiality requirement and\n\ndiscovery exemption required by this subsection shall be broadly\n\nconstrued and shall include but not be limited to any documents,\n\nrecords, photographs, or other information that the Director of the\n\nDepartment of Corrections determines may identify or reasonably lead\n\ndirectly or indirectly to the identification of any person or entity\n\nwho participates in or administers the execution process or any\n\nperson or entity who produces or supplies the drugs, medical\n\nsupplies, or medical equipment for the execution. The\n\nconfidentiality requirement and discovery exemption shall apply to\n\nrecords existing prior to, on, or after the effective date of this\n\nact. The purchase of drugs, medical supplies, or medical equipment\n\nand any other expenditures necessary to carry out the execution\n\nshall not be subject to the provisions of the Oklahoma Central\n\nPurchasing Act.\n\nC. In the event the defendant has been sentenced to death in\n\none or more criminal proceedings in this state, or has been\n\nsentenced to death in this state and by one or more courts of\n\ncompetent jurisdiction in another state or pursuant to federal\n\nauthority, or any combination thereof, and this state has priority\n\nto execute the defendant, the warden shall invite the prosecuting\n\nattorney or his or her designee, the judge, and the chief law\n\nenforcement official from each jurisdiction where any death sentence\n\nhas issued. The officials designated in this subsection shall be\n\nallowed to witness the execution or view the execution by closed\n\ncircuit television as determined by the Director of the Department\n\nof Corrections.\n\nD. A place shall be provided at the Oklahoma State Penitentiary\n\nat McAlester so that individuals who are eighteen (18) years of age\n\nor older and who are members of the immediate family of any deceased\n\nvictim of the defendant may witness the execution. The immediate\n\nfamily members shall be allowed to witness the execution from an\nions.\n\nD. A place shall be provided at the Oklahoma State Penitentiary\n\nat McAlester so that individuals who are eighteen (18) years of age\n\nor older and who are members of the immediate family of any deceased\n\nvictim of the defendant may witness the execution. The immediate\n\nfamily members shall be allowed to witness the execution from an\n\narea that is separate from the area to which other nonfamily member\n\nwitnesses are admitted; provided, however, if there are multiple\n\ndeceased victims, the Department shall not be required to provide\n\nseparate areas for each family of each deceased victim. If\n\nfacilities are not capable or sufficient to provide all immediate\n\nfamily members with a direct view of the execution, the Department\n\nof Corrections may broadcast the execution by means of a closed\n\ncircuit television system to an area in which other immediate family\n\nmembers may be located.\n\nImmediate family members may request individuals not directly\n\nrelated to the deceased victim but who serve a close supporting role\n\nor professional role to the deceased victim or an immediate family\n\nmember including but not limited to a minister or licensed\n\ncounselor. The warden in consultation with the Director shall\n\napprove or disapprove such requests. Provided further, the\n\nDepartment may set a limit on the number of witnesses or viewers\n\nwithin occupancy limits.\n\nAs used in this section, “members of the immediate family” means\n\nthe spouse, a child by birth or adoption, a stepchild, a parent, a\n\ngrandparent, a grandchild, a sibling of a deceased victim, or the\n\nspouse of any immediate family member specified in this subsection.\n\nE. Any surviving victim of the defendant who is eighteen (18)\n\nyears of age or older may view the execution by closed circuit\n\ntelevision with the approval of both the Director of the Department\n\nof Corrections and the warden. The Director and warden shall\n\nprioritize persons to view the execution, including immediate family\n\nmembers, surviving victims, and supporting persons, and may set a\n\nlimit on the number of viewers within occupancy limits. Any\n\nsurviving victim approved to view the execution of the defendant may\n\nhave an accompanying support person as provided for members of the\n\nimmediate family of a deceased victim. As used in this subsection,\n\n“surviving victim” means any person who suffered serious harm or\n\ninjury due to the criminal acts of the defendant of which the\n\ndefendant has been convicted in a court of competent jurisdiction.\n\nR.L. 1910, § 5982. Amended by Laws 1913, c. 113, p. 209, § 9; Laws\n\n1951, p. 64, § 1, emerg. eff. May 1, 1951; Laws 1992, c. 106, § 2,\n\neff. Sept. 1, 1992; Laws 1996, c. 28, § 1, emerg. eff. April 8,\n\n1996; Laws 1997, c. 173, § 1, emerg. eff. May 7, 1997; Laws 1997, c.\n\n357, § 8, emerg. eff. June 9, 1997; Laws 2004, c. 118, § 1, eff.\n\nNov. 1, 2004; Laws 2007, c. 358, § 7, eff. July 1, 2007; Laws 2009,\n\nc. 275, § 3, eff. Nov. 1, 2009; Laws 2011, c. 70, § 2, eff. Nov. 1,\n\n2011; Laws 2024, c. 234, § 1, emerg. eff. April 30, 2024.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"79f928974777080cacde50b14c94be1ca886e33be9331aa44839cc3ce81e4e90","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1014","next":"us-ok/okla.-stat.-tit.-22-22-1016"},"notice":"GroundRules: Original legal text. Not legal advice."}