Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 35 - Oklahoma Witness Protection Program › Subchapter 1 - Oklahoma Witness Protection Program › Section 75:35-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
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
				  ursuant 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.