EDMOND, Okla. — May 2, 2026 (The Oklahoma Post)
Oklahoma has a new law designed to make sure criminal defendants actually know what evidence exists against them before they walk into a courtroom. Whether that represents progress depends entirely on how you felt about the old rules.
Gov. Kevin Stitt signed House Bill 3742, the Due Process Protection Act of 2026, into law April 27. The bill was authored by Rep. Erick Harris, R-Edmond, and Sen. Julie Daniels, R-Owasso, and passed both legislative chambers unanimously. It takes effect Nov. 1. Oklahoma House of Representatives
The core change is straightforward. Under the new law, the exchange of evidence must be completed at least 30 days before trial, replacing the previous 10-day rule. That 10-day window had repeatedly produced delays and last-minute scrambles that left attorneys underprepared.
The bill also expands what prosecutors are required to hand over. The statute now explicitly lists evidence favorable to defendants including anything that negates guilt, reduces culpability, supports a defense theory, impeaches a prosecution witness or undermines the state’s identification of a perpetrator and makes clear that the duty to disclose this material is ongoing, regardless of whether it has been written down.
Informant disclosures received similar treatment. Under the old code, prosecutors had 10 days before trial to disclose the background of jailhouse informants, their prior deals with the state and any recantations. That window is now 30 days.
Harris said he collaborated on the bill with district attorneys, law enforcement partners and attorneys in private practice, which likely explains the unanimous votes. When everyone at the table agrees a rule is broken, the fix tends to move quickly. Oklahoma House of Representatives.
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The law is not a dramatic overhaul. It does not create new rights. It largely codifies and extends what the U.S. Supreme Court has long required under Brady v. Maryland, the 1963 decision that established prosecutors must disclose favorable evidence to defendants. What it does is attach specific timelines and categories to those obligations in Oklahoma state courts, making it harder to claim an accidental omission two days before a jury is seated.
For defendants in Logan County and every other county in the state, the practical effect is more time and more material to mount a defense. For prosecutors, it is more paperwork and less flexibility. For the criminal justice system as a whole, it is at minimum a cleaner set of rules.
The bill takes effect Nov. 1, 2026.
Writing By: Robbie Robertson | Editing by Robbie Robertson
Editor’s Note:
Sources
Brady v. Maryland, 373 U.S. 83 (1963) — U.S. Supreme Court precedent establishing prosecutorial duty to disclose favorable evidence to defendants
Oklahoma House of Representatives — Official press release, “Harris’ Due Process Protection Act Signed into Law,” April 30, 2026 https://www.okhouse.gov/posts/news-20260430_3
Oklahoma House of Representatives — Earlier press release, “Bill Strengthening Due Process Protections in Criminal Proceedings Sent to Senate,” March 27, 2026 https://www.okhouse.gov/posts/news-20260326_8
Office of the Governor of Oklahoma — “Governor Stitt Signs 8 Bills Into Law,” April 27, 2026 https://oklahoma.gov/governor/newsroom/newsroom/2026/governor-stitt-signs-8-bills-into-law.html
OKC Fox — “Governor Stitt signs bill into law, making changes to protect Oklahoma defendants,” April 2026 https://okcfox.com/news/local/governor-stitt-signs-bill-into-law-making-changes-to-protect-oklahoma-defendants
Oklahoma Legislature — Enrolled House Bill No. 3742, full text, 2026 Regular Session
LegiScan — Oklahoma HB 3742 bill tracking, 2026 Regular Session https://legiscan.com/OK/bill/HB3742/2026
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