SECTION 75:35-1-2. Definitions

  The following words shall be understood in these rules to have the following meanings:

"Case investigator" representative of the Oklahoma Office of 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" criminal proceedings initiated pursuant to the provisions of Title 22 of the Oklahoma Statutes.

"Dangerous perpetrator" 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:

(A)   killed any person,

(B)   arranged with another to kill any person,

(C)   expressed or shown a willingness to kill any person,

(D)   expressed or shown a willingness to arrange a killing of any person,

(E)   inflicted serious bodily harm upon any person,

(F)   arranged the infliction of bodily harm upon any person,

(G)   expressed or shown a willingness to inflict bodily harm upon any person,

(H)   expressed or shown a willingness to inflict bodily harm upon any witness having evidence relevant to the prosecution of a criminal act,

(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,

(J)   closely allied with or associated with a person who is a dangerous perpetrator.

"Government investigator" a duly commissioned Federal, State, County or Municipal law enforcement officer.

"Grand jury" includes both County and Multicounty grand juries empaneled pursuant to the Oklahoma Constitution and the Oklahoma Statutes.

"Immediate family" means a spouse, parent, child, stepchild, sibling, grandparent, household member, or legal representative of a witness, 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" the gathering of evidence of criminal activity by either a grand jury or governmental officers or by a combination thereof. Also included are investigative depositions pursuant to 22 O.S.2011, § 258(Second).

"Participant" Witnesses approved pursuant to these rules. Immediate family if approved for participation pursuant to these rules.

"Program" the Oklahoma Witness Protection Program.

"Prosecuting attorney" Either the District Attorney or Assistant District Attorney with venue jurisdiction for the offense under investigation, or a Unit Chief of jurisdiction for the offense under investigation, Office of Attorney General of Oklahoma.

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

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

(A)   Temporary living costs including lodging rent and per diem not to exceed the per diem authorized to State employees traveling on State business;

(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;

(C)   Security deposits for residential rental property used by relocated witnesses;

(D)   Travel expenses to and from court not to exceed those authorized to State employees traveling on official business;

(E)   Other necessary approved temporary expenses related to relocation or transition."

"VSU" the Victims Services Unit of the Oklahoma Office of Attorney General.

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

(A)   providing truthful information regarding criminal activity to a government investigator; or,

(B)   being subpoenaed to and/or testifying before a grand jury; or,

(C)   being subpoenaed to and/or testifying in any investigative deposition admissible as evidence in a grand jury proceeding; or,

(D)   being subpoenaed to and/or testifying in any phase of a criminal action, including all preliminary hearings, motion hearings, and trial proceedings.

"Witness" also includes any such person after the person has given truthful information to a government investigator and/or testified at grand jury, and/or testified in an investigative deposition, and/or testified in proceedings in any phase of a criminal action.

[Source: Added at 31 Ok Reg 839, eff 9-12-14]