Okla. Stat. tit. 22, § 22-1411 — OK Code / Title 22 / Section 22-1411
Certain proceeds of forfeitures to be deposited with
Status: in_force

State Treasury to cover cost of investigation and prosecution -

Expenditure.

A. The balance of the proceeds of all forfeitures ordered

pursuant to the provisions of the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act shall be transmitted to the State Treasury

and deposited in such proportions as determined by the court as are

represented by the costs and expenses of such investigation and

prosecution as follows:

1. Any proceeds resulting from the investigation and

prosecution by a county or municipal law enforcement agency or

district attorney pursuant to the provisions of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act shall be

deposited in a revolving fund in the office of the county treasurer

of the county wherein the forfeiture was ordered to be maintained

and expended by the district attorney in the discretion of the

district attorney for the purposes specified in subsection B of this

section with a yearly accounting to the board of county

commissioners in whose county the fund is established and to the

District Attorneys Council;

2. Any proceeds resulting from the investigation and

prosecution by the Oklahoma State Bureau of Investigation or the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

pursuant to the provisions of the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act shall be deposited in the agency special

account established pursuant to the provisions of Section 7.2 of

Title 62 of the Oklahoma Statutes for the Oklahoma State Bureau of

Investigation or the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control;

3. Any proceeds resulting from the investigation and

prosecution by the Attorney General pursuant to the provisions of

the Oklahoma Racketeer-Influenced and Corrupt Organizations Act

shall be deposited in the Attorney General's Evidence Fund pursuant

to the provisions of Section 19 of Title 74 of the Oklahoma

Statutes; and

4. Any proceeds resulting from the investigation and

prosecution by any other agency of this state pursuant to the

provisions of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act shall be deposited in the appropriate revolving

Oklahoma Statutes - Title 22. Criminal Procedure Page 549

fund, agency special account or other fund for that agency as

determined by the State Treasurer.

B. Monies deposited in such funds and accounts pursuant to the

provisions of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act shall be expended for the purpose of the costs and

expenses of investigation and prosecution, whether criminally or

civilly, of conduct made unlawful by the provisions of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act, including costs

of resources and personnel.
Okla. Stat. tit. 22, § 22-259 — OK Code / Title 22 / Section 22-259
Order of witnesses
Status: in_force

When the examination of the witnesses on the part of the state

is closed, any witnesses the defendant may produce may be sworn and

examined upon proper offer of proof made by defendant and if such

Oklahoma Statutes - Title 22. Criminal Procedure Page 145

offer of proof shows that additional testimony is relevant to the

issues of a preliminary examination.

R.L. 1910, § 5675. Amended by Laws 1994, c. 292, § 4, eff. Sept. 1,

1994.
Okla. Stat. tit. 22, § 22-1101.1 — OK Code / Title 22 / Section 22-1101.1
Offenses relating to prostitution bailable
Status: in_force

Bail, by sufficient sureties, may be admitted upon all arrests

for violations of Sections 1028, 1029, 1030, or 1081 of Title 21 of

the Oklahoma Statutes and shall be in an amount of not less than

Fifteen Thousand Dollars ($15,000.00). Bail on personal

recognizance bond for such offenses shall not be admitted.
Okla. Stat. tit. 22, § 22-318 — OK Code / Title 22 / Section 22-318
Effect of challenge allowed
Status: in_force

If a challenge to an individual grand juror is allowed, he

cannot be present at, or take part in the consideration of the

charge against the defendant who interposed the challenge, or the

deliberations of the grand jury thereon.
Okla. Stat. tit. 22, § 22-1181.2 — OK Code / Title 22 / Section 22-1181.2
Allegations or charges
Status: in_force

The complaint, petition, accusation or proceeding for removal or

ouster from office may include allegations or charges of any act or

acts of commission, omission or neglect which may be committed, done

or omitted during the term of office in which such ouster or removal

proceeding may be filed, and may also include allegations or charges

as to any act or acts of commission, omission or neglect committed,

done or omitted during a previous or preceding term in any office.
Okla. Stat. tit. 22, § 22-471.8 — OK Code / Title 22 / Section 22-471.8
Use of program as disciplinary sanction
Status: in_force

The drug court program may be utilized as a disciplinary

sanction for a violation of a condition of parole related to

substance abuse for eligible offenses, or in a case where the

offender has been tried for an eligible offense in the traditional

manner, given either a deferred or suspended sentence, and has

violated a condition of the sentence. The judge shall not order an

offender into treatment within the scope of any drug court program

without prior approval from both the district attorney and the

defense attorney or offender. If both the district attorney and the

defense attorney or offender agree, the case may be transferred to

the drug court program with the approval of the presiding drug court

judge. After a case has been transferred to the drug court docket,

it shall continue with the designated drug court judge until the

offender is revoked or released from the program. The offenders

whose cases have been transferred from a traditional criminal case

docket to the drug court docket shall be required to have a drug

court investigation and complete the drug court process prior to

placement in any treatment program authorized by Section 471 et seq.

of this title.
Okla. Stat. tit. 22, § 22-634 — OK Code / Title 22 / Section 22-634
When taken - Form and requisites
Status: in_force

A challenge to the panel must be taken before a jury is sworn,

and must be in writing, specifying plainly and distinctly the facts

constituting the ground of challenge.
Okla. Stat. tit. 22, § 22-13 — OK Code / Title 22 / Section 22-13
Right to speedy trial, counsel and witnesses
Status: in_force

In a criminal action the defendant is entitled:

1. To a speedy and public trial.

2. To be allowed counsel, as in civil actions, or to appear and

defend in person and with counsel; and,

3. To produce witnesses on his behalf, and to be confronted

with the witnesses against him in the presence of the court.
Okla. Stat. tit. 22, § 22-60.3 — OK Code / Title 22 / Section 22-60.3
Emergency ex parte order and hearing - Emergency
Status: in_force

temporary ex parte order of protection.

A. If a plaintiff requests an emergency ex parte order pursuant

to Section 60.2 of this title, the court shall hold an ex parte

hearing on the same day the petition is filed, if the court finds

sufficient grounds within the scope of the Protection from Domestic

Abuse Act stated in the petition to hold such a hearing. The court

may, for good cause shown at the hearing, issue any emergency ex

parte order that it finds necessary to protect the victim from

immediate and present danger of domestic abuse, stalking, or

harassment. The emergency ex parte order shall be in effect until

after the full hearing is conducted. Provided, if the defendant,

after having been served, does not appear at the hearing, the

emergency ex parte order shall remain in effect until the defendant

is served with the permanent order. If the terms of the permanent

order are the same as those in the emergency order, or are less

restrictive, then it is not necessary to serve the defendant with

the permanent order. The Administrative Office of the Courts shall

develop a standard form for emergency ex parte protective orders.

B. An emergency ex parte protective order authorized by this

section shall include the name, sex, race, date of birth of the

defendant, and the dates of issue and expiration of the protective

order.

C. 1. If a plaintiff requests an emergency temporary ex parte

order of protection as provided by Section 40.3 of this title, the

judge who is notified of the request by a peace officer may issue

such order verbally to the officer or in writing when there is

reasonable cause to believe that the order is necessary to protect

the victim from immediate and present danger of domestic abuse.

When the order is issued verbally the judge shall direct the officer

to complete and sign a statement attesting to the order. The

emergency temporary ex parte order shall be in effect until the

court date that was assigned by the court during the approval of the

order. Emergency temporary ex parte orders shall be heard within

fourteen (14) days after issuance. The court shall provide a list

of available court dates for hearings.

2. The peace officer shall make every attempt to serve the

subject of the order and complete a return of service when filing

the petition with the district court. If the peace officer is

unable to obtain service, the petition shall be filed by a peace

officer with the district court the next business day. The court

Oklahoma Statutes - Title 22. Criminal Procedure Page 69

clerk shall receive the petition upon delivery by the peace officer

and document the hearing date and time assigned to the case as

documented by the peace officer. If the court clerk observes that

service has not been obtained, the petition shall still be filed by

the court clerk and issued to the appropriate office of the county

sheriff to obtain service with priority.

D. If an action for divorce, separate maintenance,

guardianship, adoption or any other proceeding involving custody or

visitation has been filed and is pending in a county different than

the county in which the emergency ex parte order was issued, the

hearing on the petition for a final protective order shall be

transferred and held in the same county in which the action for

divorce, separate maintenance, guardianship, adoption or any other

proceeding involving custody or visitation is pending.
Okla. Stat. tit. 22, § 22-58 — OK Code / Title 22 / Section 22-58
Mandatory reporting of domestic abuse - Exceptions
Status: in_force

A. Criminally injurious conduct, as defined by the Oklahoma

Crime Victims Compensation Act, which appears to be or is reported

by the victim to be domestic abuse, as defined in Section 60.1 of

this title, or domestic abuse by strangulation, domestic abuse

resulting in great bodily harm, or domestic abuse in the presence of

a child, as defined in Section 644 of Title 21 of the Oklahoma

Statutes, shall be reported according to the standards for reporting

as set forth in subsection B of this section.

B. Any physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

examining, attending, or treating the victim of what appears to be

domestic abuse or is reported by the victim to be domestic abuse, as

defined in Section 60.1 of this title, or domestic abuse by

strangulation, domestic abuse resulting in great bodily harm, or

domestic abuse in the presence of a child, as defined in Section 644

of Title 21 of the Oklahoma Statutes, shall not be required to

report any incident of what appears to be or is reported to be

domestic abuse, domestic abuse by strangulation, domestic abuse

resulting in great bodily harm, or domestic abuse in the presence of

a child if:

Oklahoma Statutes - Title 22. Criminal Procedure Page 61

1. Committed upon the person of an adult who is over the age of

eighteen (18) years; and

2. The person is not an incapacitated adult.

C. Any physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

examining, attending, or treating a victim shall be required to

report any incident of what appears to be or is reported to be

domestic abuse, domestic abuse by strangulation, domestic abuse

resulting in great bodily harm, or domestic abuse in the presence of

a child, if requested to do so either orally or in writing by the

victim. A report of any incident shall be promptly made orally or

by telephone to the nearest law enforcement agency in the county

wherein the domestic abuse occurred or, if the location where the

conduct occurred is unknown, the report shall be made to the law

enforcement agency nearest to the location where the injury is

treated.

D. In all cases of what appears to be or is reported to be

domestic abuse, the physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

examining, attending, or treating the victim of what appears to be

domestic abuse shall clearly and legibly document the incident and

injuries observed and reported, as well as any treatment provided or

prescribed.

E. In all cases of what appears to be or is reported to be

domestic abuse, the physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

examining, attending or treating the victim of what appears to be

domestic abuse shall refer the victim to domestic violence and

victim services programs, including providing the victim with the

twenty-four-hour statewide telephone communication service

established by Section 18p-5 of Title 74 of the Oklahoma Statutes.

F. Every physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

making a report of domestic abuse pursuant to this section or

examining a victim of domestic abuse to determine the likelihood of

domestic abuse, and every hospital or related institution in which

the victim of domestic abuse was examined or treated shall, upon the

request of a law enforcement officer conducting a criminal

investigation into the case, provide copies of the results of the

examination or copies of the examination on which the report was

based, and any other clinical notes, x-rays, photographs, and other

previous or current records relevant to the case to the

investigating law enforcement officer.
Okla. Stat. tit. 22, § 22-385 — OK Code / Title 22 / Section 22-385
Presentment and filing of indictment - Prohibition against
Status: in_force

disclosure.

An indictment, when found by the grand jury, must be presented

by their foreman, in their presence, to the court, and must be filed

with the clerk, and remain in the clerk's office as a public record.

Upon the request of the grand jury's legal advisor, the presiding

judge of the grand jury may order the indictment sealed until the

defendant is arrested.
Okla. Stat. tit. 22, § 22-1223 — OK Code / Title 22 / Section 22-1223
Probable cause must be shown
Status: in_force

A search warrant shall not be issued except upon probable cause,

supported by affidavit, naming or describing the person, and

particularly describing the property and the place to be searched.
Okla. Stat. tit. 22, § 22-465 — OK Code / Title 22 / Section 22-465
Arraignment made, how
Status: in_force

The arraignment must be made by the court, or by the clerk or

district attorney, under its direction, and consists in reading the

indictment or information to the defendant, and asking him whether

he pleads guilty or not guilty thereto.
Okla. Stat. tit. 22, § 22-1115.2 — OK Code / Title 22 / Section 22-1115.2
Posting bail after release on personal recognizance for
Status: in_force

traffic violation - Failure to appear - Person ineligible for

release on personal recognizance - Juveniles.

A. If a person arrested for a traffic violation is released

upon personal recognizance as provided for in Section 1115.1 of this

title, but subsequently posts bail and thereafter fails to timely

appear as provided for by law, the court may issue a warrant for the

person's arrest and the case shall be processed as follows:

1. If for a state traffic violation, as provided for in Section

1108 of this title; or

2. If for a violation filed in a municipal court not of record,

as provided for in Section 27-118 of Title 11 of the Oklahoma

Statutes; or

3. If for a violation filed in a municipal court of record, as

provided for in Section 28-127 of Title 11 of the Oklahoma Statutes.

B. If the defendant is not eligible for release upon personal

recognizance as provided for in Section 1115.1 of this title, or if

eligible but refuses to sign a written promise to appear, the

officer shall deliver the person to an appropriate magistrate for

arraignment and the magistrate shall proceed as otherwise provided

for by law. If no magistrate is available, the defendant shall be

placed in the custody of the appropriate municipal or county jailor

or custodian, to be held until a magistrate is available or bail is

posted as provided for in Section 1115.3 of this title or as

otherwise provided for by law or ordinance.

C. 1. Notwithstanding any other provision of law, a juvenile

may be held in custody pursuant to the provisions of this section,

but shall be incarcerated separately from any adult offender.

Provided however, the arresting officer shall not be required to:

a. place a juvenile into custody as provided for in this

section, or

b. place any other traffic offender into custody:

(1) who is injured, disabled, or otherwise

incapacitated, or

(2) if custodial arrest may require impoundment of a

vehicle containing livestock, perishable cargo,

or items requiring special maintenance or care,

or

(3) if extraordinary circumstances exist, which, in

the judgment of the arresting officer, custodial

arrest should not be made.

In such cases, the arresting officer may designate the date and time

on the citation by which, or on which, the person shall appear or

contact the court, as applicable to the court, and release the

person. If the person fails to appear without good cause shown, the

court may issue a warrant for the person's arrest.

2. The provisions of this subsection shall not be construed to:

Oklahoma Statutes - Title 22. Criminal Procedure Page 428

a. create any duty on the part of the officer to release

a person from custody, or

b. create any duty on the part of the officer to make any

inquiry or investigation relating to any condition

which may justify release under this subsection, or

c. create any liability upon any officer, or the state or

any political subdivision thereof, arising from the

decision to release or not to release such person from

custody pursuant to the provisions of this subsection.
Okla. Stat. tit. 22, § 22-60.4 — OK Code / Title 22 / Section 22-60.4
See the following versions:
Status: in_force

OS 22-60.4v1 (SB 623, Laws 2025, c. 40, § 1)

OS 22-60.4v2 (HB 2104, Laws 2025, c. 486, § 704)
Okla. Stat. tit. 22, § 22-312 — OK Code / Title 22 / Section 22-312
Challenge of grand jury
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 156

The state, or a person held to answer a charge for a public

offense, may challenge the panel of a grand jury, or an individual

grand juror.
Okla. Stat. tit. 22, § 22-451 — OK Code / Title 22 / Section 22-451
Arraignment
Status: in_force

When the indictment or information is filed, the defendant must

be arraigned thereon before the court in which it is filed, if

triable therein; if not, before the court to which it is removed or

transmitted. If the defendant’s physical presence is not possible

because the defendant is in custody in another county, the

arraignment shall take place by videoconference, if available, as

authorized by Section 130 of Title 20 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-954 — OK Code / Title 22 / Section 22-954
Motion in arrest of judgment - Definition - Grounds - Time
Status: in_force

for.

A motion in arrest of judgment is an application on the part of

the defendant that no judgment be rendered on plea or verdict of

Oklahoma Statutes - Title 22. Criminal Procedure Page 261

guilty, or on a verdict against the defendant on a plea of former

conviction or acquittal. It may be founded on any of the defects in

the indictment or information mentioned as grounds of demurrer

unless such objection has been waived by a failure to demur, and

must be before or at the time the defendant is called for judgment.
Okla. Stat. tit. 22, § 22-988.8 — OK Code / Title 22 / Section 22-988.8
Community services and sentencing options
Status: in_force

A. A community sentencing system established pursuant to the

provisions of the Oklahoma Community Sentencing Act shall include

those community punishments and programs and services enumerated and

funded in the annual plan submitted to the Community Sentencing

Division within the Department of Corrections and any other services

or punishments subsequently added and funded during a plan year.

Oklahoma Statutes - Title 22. Criminal Procedure Page 301

The options may not be utilized for offenders not meeting the

eligibility criteria of programs and score requirements for the risk

and needs assessment. Each local system shall strive to have

available to the court all of the following services for eligible

offenders:

1. Community service with or without compensation to the

offender;

2. Substance abuse treatment and availability for periodic drug

testing of offenders following treatment;

3. Varying levels of supervision by the Department of

Corrections probation officers or another qualified supervision

source, including specialized supervision for repeat offenders,

offenders with convictions for sex crimes, offenders with conviction

for domestic violence offenses and offenders with diagnosed mental

health needs;

4. Education and literacy provided by the State Department of

Education, the county library system, the local school board, or

another qualified source;

5. Employment opportunities and job skills training provided by

the Oklahoma Department of Career and Technology Education or

another qualified source;

6. Cognitive behavioral treatment and any other programming or

treatment needs as identified based on the results of the risk and

needs assessment administered under this section;

7. Enforced collections provided by the local court clerk, or

another state agency; and

8. The availability of county jail or another restrictive

housing facility for limited disciplinary sanctions.

B. The court may order as a community punishment for an

eligible offender any condition listed as a condition available for

a suspended sentence.

C. In all cases in which an offender is sentenced to a

community punishment, the offender shall be ordered as part of the

terms and conditions of the sentence to pay for the court ordered

sanction, based upon ability to pay. Payments may be as provided by

court order or pursuant to periodic payment schedules established by

the service provider. If the offender does not have the financial

ability to pay for the court ordered sanction, payment shall be made

from funds budgeted for the local community sentencing system.
Okla. Stat. tit. 22, § 22-305.4 — OK Code / Title 22 / Section 22-305.4
Completion of program - Records
Status: in_force

If the accused completes the program agreed upon, the State of

Oklahoma shall not file the charges against the accused. The

records of the accused shall be sealed and not be released or viewed

except on a limited basis by law enforcement or prosecution

personnel for the purposes of determining if the accused has been

diverted. The district attorney shall take all necessary measures

to ensure that all of the records of the person remain confidential.
Okla. Stat. tit. 22, § 22-1333 — OK Code / Title 22 / Section 22-1333
Clerk's fees
Status: in_force

The clerk furnishing such transcript shall be allowed the same

fees for same as he is allowed by law for similar services, which

shall be paid by the person entitled thereto.
Okla. Stat. tit. 22, § 22-861 — OK Code / Title 22 / Section 22-861
Formal exceptions to rulings or orders unnecessary
Status: in_force

Formal exceptions to rulings or orders of the court in criminal

proceedings shall not be necessary but for all purposes for which an

exception has heretofore been necessary at the trial of a cause it

shall be sufficient that a party, at the time the ruling or order of

the court has been made or sought, makes known to the court the

action which he desires the court to take or his objection to the

action of the court with his general grounds therefor.
Okla. Stat. tit. 22, § 22-919 — OK Code / Title 22 / Section 22-919
Informal verdict to be reconsidered
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 256

If the jury render a verdict not in form, the court may, with

proper instructions as to the law, direct them to reconsider it, and

it cannot be recorded until it be rendered in some form from which

it can be clearly understood what is the intent of the jury.
Okla. Stat. tit. 22, § 22-657 — OK Code / Title 22 / Section 22-657
Challenges for cause classified
Status: in_force

It is an objection to a particular juror and is either:

1. General, that the juror is disqualified from serving in any

case on trial; or,

2. Particular, that he is disqualified from serving in the case

on trial.
Okla. Stat. tit. 22, § 22-988.24 — OK Code / Title 22 / Section 22-988.24
Community sentencing program pilot projects for persons
Status: in_force

whose suspended sentences have been revoked.

Oklahoma Statutes - Title 22. Criminal Procedure Page 315

The Department of Corrections may establish pilot projects that

allow a person whose suspended sentence has been revoked by the

court to participate in the community sentencing program, subject to

the availability of funds.
Okla. Stat. tit. 22, § 22-1141.8 — OK Code / Title 22 / Section 22-1141.8
Authority conferred by warrant
Status: in_force

Such warrant shall authorize the peace officer or other person

to whom directed to arrest the accused at any time and any place

where he may be found within the state and to command the aid of all

peace officers or other persons in the execution of the warrant, and

to deliver the accused, subject to the provisions of this act to the

duly authorized agent of the demanding state.

Oklahoma Statutes - Title 22. Criminal Procedure Page 437
Okla. Stat. tit. 22, § 22-200 — OK Code / Title 22 / Section 22-200
Arrest by bystander - Officer may take defendant before
Status: in_force

magistrate.

He may take before a magistrate, a person, who being engaged in

a breach of the peace, is arrested by a bystander and delivered to

him.
Okla. Stat. tit. 22, § 22-1405 — OK Code / Title 22 / Section 22-1405
Criminal forfeiture procedures
Status: in_force

A. Any person convicted of violating any of the provisions of

Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act shall criminally forfeit to the state, according

to the procedures established in subsection B of this section, any

real or personal property used in the course of, intended for use in

the course of, derived from, or realized through conduct in

violation of Section 1403 of the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act, including any property constituting an

interest in or means of control or influence over the enterprise

Oklahoma Statutes - Title 22. Criminal Procedure Page 543

involved in the conduct in violation of Section 1403 of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act, including:

1. Any compensation, right, or benefit derived from a position,

office, appointment, tenure, commission, or employment contract that

accrued to the person during the course of conduct in violation of

Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act;

2. Any interest in, security of, claim against, or property or

contractual right affording the person a source of influence or

control over the affairs of an enterprise that the person exercised

in violation of Section 1403 of the Oklahoma Racketeer-Influenced

and Corrupt Organizations Act; or

3. Any amount payable or paid pursuant to any contract for

goods or services that was awarded or performed in violation of

Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act.

B. The criminal forfeiture procedures are as follows:

1. A judgment of criminal forfeiture shall not be entered

unless a special verdict containing a finding of property subject to

forfeiture, specifying the extent of such property and describing

with specificity such property and the circumstances by which the

property is subject to forfeiture is returned; and

2. If any property included in a special verdict of criminal

forfeiture:

a. cannot be located,

b. has been sold to a bona fide purchaser for value,

c. has been placed beyond the jurisdiction of the court,

d. has been substantially diminished in value by the

conduct of the defendant,

e. has been commingled with other property that cannot be

divided without difficulty or undue injury to innocent

parties,

f. is otherwise unreachable without undue injury to

innocent parties, or

g. is subject to a valid security interest, to the extent

of the security interest, held by a bank, savings and

loan association, credit union or supervised lender

licensed by the Oklahoma Administrator of Consumer

Credit, acquired prior to the lien notice provided by

Section 1412 of this title,

the district court shall order forfeiture of any other property of

the defendant up to the value of the property that is unreachable.
Okla. Stat. tit. 22, § 22-460 — OK Code / Title 22 / Section 22-460
Bench warrant served in any county
Status: in_force

The bench warrant may be served in any county in the same manner

as a warrant of arrest, except that when served in another county it

need not be endorsed by a magistrate of that county.
Okla. Stat. tit. 22, § 22-913 — OK Code / Title 22 / Section 22-913
Proceedings when jury appear
Status: in_force

When the jury appear, they must be asked, by the court or the

clerk, whether they have agreed upon their verdict, and if the

foreman answers in the affirmative, they must, on being required,

declare the same.

Oklahoma Statutes - Title 22. Criminal Procedure Page 255
Okla. Stat. tit. 22, § 22-988.12 — OK Code / Title 22 / Section 22-988.12
Custody of offenders – Medical expenditures
Status: in_force

A. Any person sentenced to a community punishment pursuant to

the provisions of the Oklahoma Community Sentencing Act shall not be

deemed an inmate, nor shall the person be considered to be in the

custody of the Department of Corrections, nor shall the person

require processing through the Lexington Reception and Assessment

Center. Persons sentenced to community punishment pursuant to the

Oklahoma Community Sentencing Act shall be in community custody

within the county.

B. Except as otherwise specifically provided by law, persons

sentenced to a community punishment which does not include

Oklahoma Statutes - Title 22. Criminal Procedure Page 304

incarceration shall not have medical or dental expenses paid by the

Department of Corrections or reimbursed by the Community Sentencing

Division.
Okla. Stat. tit. 22, § 22-1419 — OK Code / Title 22 / Section 22-1419
Construction of act in conformity with federal law
Status: in_force

When the language of the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act is the same or similar to the language of

Title 18 U.S.C., Sections 1961 through 1968, the courts of this

state in construing the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act may follow the construction given to federal law

by the federal courts, provided that nothing in this section shall

be deemed to provide for any private right of action or confer any

civil remedy except as specifically set out in this act.
Okla. Stat. tit. 22, § 22-1141.11 — OK Code / Title 22 / Section 22-1141.11
Disobedience of preceding section
Status: in_force

Any officer who shall deliver to the agent for extradition of

the demanding state a person in his custody under the Governor's

warrant, in willful disobedience to the last section, shall be

guilty of a misdemeanor and, on conviction, shall be fined not more

than Five Hundred Dollars ($500.00) or be imprisoned not more than

six (6) months, or both.
Okla. Stat. tit. 22, § 22-1406 — OK Code / Title 22 / Section 22-1406
Action which may be taken by district court after filing
Status: in_force

of indictment of information and hearing.

After the filing of an indictment or information by the Attorney

General or district attorney and after a hearing with respect to

which any person who shall be affected has been given thirty (30)

days' notice and opportunity to participate, the district court may,

based on the indictment or information and the hearing:

1. Enter a restraining order or injunction;

2. Require the execution of satisfactory bond in the amount of

ten percent (10%) of the property value; or

3. Take any other action, including the appointment of a

receiver, that the Attorney General or district attorney shows by a

preponderance of the evidence is necessary to preserve the property

which may be subject to criminal forfeiture.
Okla. Stat. tit. 22, § 22-273 — OK Code / Title 22 / Section 22-273
Witness not giving undertaking committed, when
Status: in_force

If a witness, required to enter into an undertaking to appear

and testify, either with or without sureties, refuse compliance with

the order for that purpose, the magistrate must commit him to prison

until he comply, or is legally discharged.
Okla. Stat. tit. 22, § 22-692 — OK Code / Title 22 / Section 22-692
Order of challenges for cause
Status: in_force

The challenges of either party for cause need not all be taken

at once, but they must be taken separately, in the following order,

including in each challenge all the causes of challenge belonging to

the same class:

1. To the panel.

2. To an individual juror for a general disqualification.

3. To an individual juror for implied bias.

4. To an individual juror for actual bias.
Okla. Stat. tit. 22, § 22-956 — OK Code / Title 22 / Section 22-956
Proceedings after motion for arrest of judgment sustained
Status: in_force

If, from the evidence on the trial, there is reasonable ground

to believe the defendant guilty, and a new indictment can be framed

upon which he may be convicted, the court may order him to be

recommitted to the officer of the proper county, or admitted to bail

anew to answer the new indictment or information. If the evidence

shows him guilty of another offense, he must be committed or held

thereon; but if no evidence appears sufficient to charge him with

any offense, he must, if in custody, be discharged, or, if admitted

to bail, his bail is exonerated, or if money has been deposited

instead of bail, it must be refunded to the defendant, and the

arrest of judgment operates as an acquittal of the charge upon which

the indictment or information was founded.
Okla. Stat. tit. 22, § 22-988.14 — OK Code / Title 22 / Section 22-988.14
State agency - Creation
Status: in_force

A. There is hereby created within the Department of Corrections

the "Community Sentencing Division". The purpose of the Division

shall be to implement and administer the Oklahoma Community

Sentencing Act and any provisions of law relating to the operation

and management of a statewide community sentencing system.

B. The Community Sentencing Division shall employ an executive

management staff consisting of a deputy director and such other

employees as authorized by the Legislature and subject to

appropriations, who shall be unclassified state employees. In

addition to the executive management staff, there shall be an

appropriate number of local community sentencing system

administrators as authorized by the Legislature and subject to

appropriations, who shall be unclassified state employees of the

Division. The deputy director of the Division shall report directly

to the Director of the Department of Corrections or designee. The

Legislature shall provide the Department of Corrections sufficient

funds for administrative support to the Division, and the Division

shall have a separate legislative appropriation for the

implementation and operation of the statewide community sentencing

system pursuant to the provisions of the Oklahoma Community

Sentencing Act. The Director of the Department of Corrections or

designee shall hire and set the salary of the executive management

staff. The deputy director of the Division shall hire the local

administrators.
Okla. Stat. tit. 22, § 22-991a-20 — OK Code / Title 22 / Section 22-991a-20
Second and subsequent offenses
Status: in_force

A. Every person who, having been convicted of any offense

against an elderly or incapacitated person, as enumerated in Section

445 of this act, commits any crime against an elderly or

incapacitated person after such conviction is punishable as follows:

1. If the offense of which such person is subsequently

convicted is such that upon a first conviction an offender would be

punishable by imprisonment in the State Penitentiary for any term

exceeding five (5) years, such person is punishable by imprisonment

in the State Penitentiary for a term not less than ten (10) years;

or

2. If such subsequent offense is such that upon a first

conviction the offender would be punishable by imprisonment in the

State Penitentiary for five (5) years or less, then the person

convicted of such subsequent offense is punishable by imprisonment

in the State Penitentiary for a term not exceeding fifteen (15)

years.

B. Every person who, having been twice convicted of felony

offenses against an elderly or incapacitated person, commits a third

felony offense against an elderly or incapacitated person within ten

(10) years of the date following the completion of the execution of

the first sentence, shall be punishable by imprisonment in the State

Penitentiary for a term of not less than twenty (20) years.

C. All felony offenses arising out of the same transaction or

occurrence or series of events closely related in time and location

shall be considered as one offense for the purposes of this section.

D. Nothing in this section shall affect the punishment by death

or life imprisonment without parole in all crimes now or hereafter

made punishable by death or life imprisonment without parole.
Okla. Stat. tit. 22, § 22-854 — OK Code / Title 22 / Section 22-854
Court must admonish jury as to conduct
Status: in_force

The jury must also, at each adjournment of the court, whether

permitted to separate or kept in charge of officers, be admonished

by the court that it is their duty not to converse among themselves

or with any one else on any subject connected with the trial, or to

form or express any opinion thereon, until the case is finally

submitted to them.
Okla. Stat. tit. 22, § 22-1121 — OK Code / Title 22 / Section 22-1121
Rewards from fugitives of justice
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 433

The Governor or his designee may offer a reward not exceeding

One Thousand Dollars ($1,000.00), payable out of the State Treasury,

for the apprehension, or information leading to the apprehension:

1. Of any convict who has escaped from a state correctional

institution; or

2. Of any person who has committed, or is charged with the

commission of an offense, punishable with death.

R.L. 1910, § 6080. Amended by Laws 1986, c. 34, § 1, eff. Nov. 1,

1986.
Okla. Stat. tit. 22, § 22-504 — OK Code / Title 22 / Section 22-504
Demurrer to indictment or information
Status: in_force

The defendant may demur to the indictment or information when it

appears upon the face thereof either:

1. That the grand jury by which an indictment was found had no

legal authority to inquire into the offense charged, by reason of

its not being within the legal jurisdiction of the county.

2. That it does not substantially conform to the requirements

of this chapter.

3. That more than one offense is charged in the indictment or

information.

4. That the facts stated do not constitute a public offense.

5. That the indictment or information contains any matter

which, if true, would constitute a legal justification or excuse of

the offense charged, or other legal bar to the prosecution.
Okla. Stat. tit. 22, § 22-192 — OK Code / Title 22 / Section 22-192
Officer must show warrant
Status: in_force

The officer must inform the defendant that he acts under the

authority of the warrant, and must also show the warrant within a

reasonable time under the circumstances, if requested.
Okla. Stat. tit. 22, § 22-972 — OK Code / Title 22 / Section 22-972
Rendition of judgment where cause against it not shown
Status: in_force

If no sufficient cause be alleged or appear to the court why

judgment should not be pronounced it must thereupon be rendered.
Okla. Stat. tit. 22, § 22-344 — OK Code / Title 22 / Section 22-344
Interpreter - Appointment - Compensation
Status: in_force

That upon the request of either the district attorney, or the

grand jurors, the district judge who has called a grand jury shall

appoint, whenever necessary, an interpreter, and shall swear him to

secrecy, not to disclose any testimony or the name of any witness

which shall be presented to the grand jury except when testifying in

a court of record.

The compensation for any interpreter thus appointed shall be

fixed and allowed by the judge appointing him, and such fees, when

earned, may be allowed and paid from time to time as they accrue,

and shall be paid from the funds from which the grand jurors are

paid.
Okla. Stat. tit. 22, § 22-598 — OK Code / Title 22 / Section 22-598
Disposition of ballot - When juror is absent or excused
Status: in_force

If a juror be absent when his name is drawn or be set aside, or

excused from serving on the trial, the ballot containing his name

must be folded and returned to the box as soon as the jury is sworn.
Okla. Stat. tit. 22, § 22-565 — OK Code / Title 22 / Section 22-565
Change of venue - Recognizance of witnesses
Status: in_force

When a removal of the action is allowed, the court may recognize

the witnesses on the part of the state to appear before the court to

which the defendant is to be tried.
Okla. Stat. tit. 22, § 22-1167 — OK Code / Title 22 / Section 22-1167
Finding of insanity - Suspension of trial or judgment -
Status: in_force

Commitment to state hospital.

If the jury finds the defendant presently insane, the trial or

judgment must be suspended until he becomes sane, and if the jury

deem his discharge dangerous to the public peace or safety, the

court shall order that the defendant be committed to one of the

state hospitals for the mentally ill, and to be held therein and

kept as a patient and inmate, until he be discharged and released as

presently sane by the authority of the superintendent of said

hospital. A release by the superintendent of said hospital shall be

to the custody of the sheriff of the county in which the criminal

case theretofore suspended is or was pending and from which he was

committed. The court having jurisdiction thereof shall set the

cause for trial.
Okla. Stat. tit. 22, § 22-1197 — OK Code / Title 22 / Section 22-1197
Members of legislature not affected
Status: in_force

This article shall not apply to the manner of removing members

of the Legislature.
Okla. Stat. tit. 22, § 22-978 — OK Code / Title 22 / Section 22-978
Certified copy of judgment furnished to officer - Officer
Status: in_force

authorized to execute judgment except of death.

When a judgment, except of death, has been pronounced, a

certified copy of the entry thereof, upon the minutes, must be

forthwith furnished to the officer, whose duty it is to execute the

judgment, and no other warrant or authority is necessary to justify

or require its execution.
Okla. Stat. tit. 22, § 22-467 — OK Code / Title 22 / Section 22-467
Proceedings when defendant gives no other name
Status: in_force

If he gives no other name, the court may proceed accordingly.
Okla. Stat. tit. 22, § 22-60.24 — OK Code / Title 22 / Section 22-60.24
Nonjudicial enforcement of foreign protection order
Status: in_force

A. A law enforcement officer of this state, upon determining

that there is probable cause to believe that a valid foreign

protection order exists and that the order has been violated, shall

enforce the order as if it were the order of a tribunal of this

state. Presentation of a protection order that identifies both the

protected individual and the respondent and, on its face, is

currently in effect constitutes probable cause to believe that a

valid foreign protection order exists. For the purposes of this

section, the protection order may be inscribed on a tangible medium

or may have been stored in an electronic or other medium if it is

retrievable in perceivable form. Presentation of a certified copy

of a protection order is not required for enforcement.

B. If a foreign protection order is not presented, a law

enforcement officer of this state may consider other information in

determining whether there is probable cause to believe that a valid

foreign protection order exists.

C. If a law enforcement officer of this state determines that

an otherwise valid foreign protection order cannot be enforced

because the respondent has not been notified or served with the

order, the officer shall inform the respondent of the order, make a

reasonable effort to serve the order upon the respondent, and allow

the respondent a reasonable opportunity to comply with the order

before enforcing the order.

D. Registration or filing of an order in this state is not

required for the enforcement of a valid foreign protection order

pursuant to this act.
Okla. Stat. tit. 22, § 22-988.13 — OK Code / Title 22 / Section 22-988.13
Local administrator
Status: in_force

A. Each local community sentencing system shall collaborate

with a local administrator who shall be employed by the Community

Sentencing Division within the Department of Corrections. The local

administrator shall have the duty to:

1. Assist in administering the day-to-day operation of the

local community sentencing system within the approved budget and

plan and according to the provisions of the Oklahoma Community

Sentencing Act and any rules promulgated by the Division;

2. Assist the planning council in the jurisdiction in

identifying resources, collecting data on sentencing practices, and

preparing the annual plan and supporting budget;

3. Provide the court with a listing of available services

within the local community sentencing system for purposes of

imposing a community sentence;

4. Carry out court orders pursuant to the provisions of the

Oklahoma Community Sentencing Act as provided in the offender's

judgment and sentence;

5. Assist offenders in locating service providers who are

participating in the local system according to the terms of the

community sentence;

6. Report to the judge all completions and violations of court

orders for community sentences or community punishments;

7. Keep accurate records for the local system and coordinate

those records for monitoring by the Community Sentencing Division;

8. Monitor the local service providers to assure appropriate

delivery of services to both the offender and the local system;

9. Coordinate support for the planning council and the

sentencing court;

10. Ensure that restitution, reimbursements, fines, costs, and

other payments and fees are paid to and deposited with the

appropriate entity;

11. Report to the Community Sentencing Division within the

Department of Corrections any complaints or service delivery

problems;

12. Ensure criminal disposition reports on community sentences

are made to appropriate state and federal agencies; and

13. Perform other functions as specified by the Community

Sentencing Division within the Department of Corrections for

Oklahoma Statutes - Title 22. Criminal Procedure Page 305

purposes of implementing the provisions of the Oklahoma Community

Sentencing Act.

B. The local administrator shall collaborate with and assist

all existing county employees when a county has a preexisting

community program operated at county expense. In the event state

funding is to be provided for continuing an existing program, the

Division shall promulgate rules for continuing an existing program.

C. When a service provider is selected to be part of the local

community sentencing system, the employees of that service provider

shall not become employees of the county, the local community

sentencing system, or the state by virtue of any contractual

agreement or payments from the state.
Okla. Stat. tit. 22, § 22-1193 — OK Code / Title 22 / Section 22-1193
Accusation against district attorney
Status: in_force

In case an accusation is presented against the district

attorney, the same shall be delivered by the judge to the clerk of

his court, and by the clerk to such person as the judge shall

appoint to act as prosecuting officer in the matter, and the person

so appointed shall be authorized and required to conduct the

proceedings.
Okla. Stat. tit. 22, § 22-834 — OK Code / Title 22 / Section 22-834
Jury limited to questions of fact
Status: in_force

On the trial of an indictment or information, questions of law

are to be decided by the court, and the questions of fact are to be

decided by the jury; and, although the jury have the power to find a

general verdict, which includes questions of law as well as of fact,

they are bound, nevertheless, to receive the law which is laid down

as such by the court.
Okla. Stat. tit. 22, § 22-564 — OK Code / Title 22 / Section 22-564
Change of venue - Court may require bail
Status: in_force

When the court has ordered a removal of the action, it may

require the accused, if the offense be then bailable, to enter into

an undertaking with good and sufficient sureties to be approved by

the court, in such sum as the court may direct conditioned for his

appearance in the court to which the action has been removed, on the

first day of the next term thereof, and to abide the order of such

court; and in default of such undertaking, a warrant shall be issued

to the sheriff or other proper officer commanding him safely to keep

the prisoner and at the proper time to convey him to the jail of the

Oklahoma Statutes - Title 22. Criminal Procedure Page 209

county where he is to be tried, there to be safely kept by the

jailer thereof until discharged by due course of law.
Okla. Stat. tit. 22, § 22-471.10 — OK Code / Title 22 / Section 22-471.10
Promulgation of rules
Status: in_force

All participating agencies shall promulgate rules as necessary

to comply with the provisions of Section 471 et seq. of this title.
Okla. Stat. tit. 22, § 22-386 — OK Code / Title 22 / Section 22-386
Proceedings where defendant at large
Status: in_force

When an indictment is found against a defendant who has not been

previously arrested, and is not under bail, the same proceedings

must be had as are prescribed against a defendant who fails to

appear for arraignment.
Okla. Stat. tit. 22, § 22-459 — OK Code / Title 22 / Section 22-459
Defendant held when offense not bailable
Status: in_force

The defendant, when arrested under a warrant for an offense not

bailable, shall be held in custody by the sheriff of the county in

which the indictment or information is filed. If the sheriff has

contracted for the custody of prisoners in the county, such

contractor shall be required to hold in custody any prisoner

delivered to the contractor pursuant to this section.
Okla. Stat. tit. 22, § 22-114 — OK Code / Title 22 / Section 22-114
Restitution agreements
Status: in_force

A. The district attorney may enter into a written restitution

agreement with the defendant to defer prosecution on a false or

bogus check for a period to be determined by the district attorney,

Oklahoma Statutes - Title 22. Criminal Procedure Page 116

not to exceed three (3) years, pending restitution being made to the

victim of the bogus check as provided in this section.

B. Each restitution agreement shall include a provision

requiring the defendant to pay to the victim a Twenty-five Dollar

($25.00) fee and to the district attorney a fee equal to the amount

which would have been assessed as court costs upon filing of the

case in district court plus Twenty-five Dollars ($25.00) for each

check covered by the restitution agreement; provided, every check in

an amount of Fifty Dollars ($50.00) or more shall require a separate

fee to be paid to the district attorney in an amount equal to the

amount which would be assessed as court costs for the filing of a

felony case in district court plus Twenty-five Dollars ($25.00).

This money shall be deposited in a special fund with the county

treasurer to be known as the "Bogus Check Restitution Program Fund".

This fund shall be used by the district attorney to defray any

lawful expense of the district attorney’s office. The district

attorney shall keep records of all monies deposited to and disbursed

from this fund. The records of the fund shall be audited at the

same time the records of county funds are audited.

C. Restitution paid by the defendant to the victim shall

include the face amount of the check plus any charges the victim may

have been required to pay to a bank as the result of having received

the bogus check. If, instead of paying restitution directly to the

victim, the defendant delivers restitution funds to the office of

the district attorney, the district attorney shall deposit such

funds in a depository account in the office of the county treasurer

to be disbursed to the victim by a warrant signed by the district

attorney or a member of the staff assigned to the Bogus Check

Restitution Program. The district attorney shall keep full records

of all restitution monies received and disbursed. These records

shall be audited at the same time the county funds are audited.

D. Restitution paid by the defendant to the Oklahoma Tax

Commission shall include the face amount of the check plus the

administrative service fee authorized pursuant to Section 218 of

Title 68 of the Oklahoma Statutes. If the defendant delivers such

restitution funds to the office of the district attorney instead of

paying restitution directly to the Tax Commission, the district

attorney shall deposit such funds in a depository account in the

office of the county treasurer to be disbursed to the Tax Commission

by warrant signed by the district attorney or a member of the staff

assigned to the Bogus Check Restitution Program or shall transmit

the restitution funds directly to the Tax Commission.

E. If the defendant fails to comply with the restitution

agreement, the district attorney may file an information and proceed

with the prosecution of the defendant as provided by law.

F. The victim may authorize an administrative service fee to be

paid by such victim to the district attorney or other third-party

Oklahoma Statutes - Title 22. Criminal Procedure Page 117

vendor to facilitate electronic transfer of checks to the Bogus

Check Restitution Program.

G. The district attorney is authorized to contract for a per-

item fee with a third-party vendor to facilitate electronic transfer

of checks into the Bogus Check Restitution Program.
Okla. Stat. tit. 22, § 22-131 — OK Code / Title 22 / Section 22-131
Conviction or acquittal in one county as bar to
Status: in_force

prosecution in another.

When an offense is in the jurisdiction of two or more counties,

a conviction or acquittal thereof in one county is a bar to a

prosecution thereof in another.
Okla. Stat. tit. 22, § 22-1275 — OK Code / Title 22 / Section 22-1275
Clerk to keep record of indictments, informations and
Status: in_force

bonds.

The clerk of the district court shall keep a record in which all

indictments, informations and bonds shall be entered and certified

as true and correct copies of all original indictments, informations

and bonds filed in his office, and whenever any such original

indictment, information or bond filed with the clerk becomes either

lost, destroyed or stolen, or for any other reason cannot be

produced at the trial, a certified copy of the aforesaid record of

such original indictment, information or bond shall be competent

evidence and shall have the same validity and effect as the original

thereof.

Oklahoma Statutes - Title 22. Criminal Procedure Page 485
Okla. Stat. tit. 22, § 22-1141.3 — OK Code / Title 22 / Section 22-1141.3
Requisites of demand - Accompanying papers
Status: in_force

No demand for the extradition of a person charged with crime in

another state shall be recognized by the Governor unless in writing

alleging, except in cases arising under Section 6, that the accused

was present in the demanding state at the time of the commission of

the alleged crime, and that thereafter he fled from the state, and

accompanied by a copy of an indictment found or by information

supported by affidavit in the state having jurisdiction of the

crime, or by a copy of an affidavit made before a magistrate there,

together with a copy of any warrant which was issued thereupon; or

by a copy of a judgment of conviction or of a sentence imposed in

execution thereof, together with a statement by the executive

authority of the demanding state that the person claimed has escaped

from confinement or has broken the terms of his bail, probation or

parole. The indictment, information, or affidavit made before the

magistrate must substantially charge the person demanded with having

committed a crime under the law of that state; and the copy of

indictment, information, affidavit, judgment of conviction or

sentence must be authenticated by the executive authority making the

demand.
Okla. Stat. tit. 22, § 22-1355.9 — OK Code / Title 22 / Section 22-1355.9
Main office and satellite offices
Status: in_force

The Board shall establish one main office and as many satellite

offices as necessary for the proper representation of the System's

clients.
Okla. Stat. tit. 22, § 22-1359 — OK Code / Title 22 / Section 22-1359
Renumbered as § 138.9 of Title 19 by Laws 1992, c. 303, §
Status: in_force

32, eff. July 1, 1992.
Okla. Stat. tit. 22, § 22-256 — OK Code / Title 22 / Section 22-256
Commitment for examination
Status: in_force

The commitment for examination is by an indorsement signed by

the magistrate, on the warrant of arrest, to the following effect:

The within named A B, having been brought before me under this

warrant, and having failed to give bail for his appearance, is

o'clock, at which time you will have his body before me at my

office.
Okla. Stat. tit. 22, § 22-1365 — OK Code / Title 22 / Section 22-1365
Costs and fees
Status: in_force

All necessary transcript costs and court fees required for

perfecting appeals for indigents pursuant to the Indigent Defense

Act shall be paid by the defendant if the defendant is financially

able to do so. Otherwise, the costs shall be paid from the court

fund of the county in which the defendant was convicted.
Okla. Stat. tit. 22, § 22-302 — OK Code / Title 22 / Section 22-302
Indictment defined
Status: in_force

An indictment is an accusation in writing, presented by a grand

jury to a competent court, charging a person with a public offense.
Okla. Stat. tit. 22, § 22-1331 — OK Code / Title 22 / Section 22-1331
Reward for arrest of horse thief
Status: in_force

If any person shall arrest or directly and immediately cause

the arrest of any person guilty of stealing a horse or mule within

this state, and shall secure the indictment and conviction of such

person in a court of competent jurisdiction, or shall deliver said

person so arrested to a court having jurisdiction of said charge,

and if the court, or any one to whom the person arrested shall be

sent for trial, shall permit said person to give bond, with

security, for his further appearance in court, and said bond shall

be forfeited and collected, the person so securing the conviction or

the delivery shall be entitled to a reward of Fifty Dollars ($50.00)

therefor.

R.L. 1910, Sec. 6136.
Okla. Stat. tit. 22, § 22-1408 — OK Code / Title 22 / Section 22-1408
Criminal fines and penalties under act not exclusive
Status: in_force

Criminal penalties and fines pursuant to the Oklahoma Racketeer-

Influenced and Corrupt Organizations Act are supplemental and not

mutually exclusive, except when so designated, and shall not

preclude the application of any other criminal or civil remedy

pursuant to any other provision of the law.
Okla. Stat. tit. 22, § 22-42 — OK Code / Title 22 / Section 22-42
Magistrate must issue warrant
Status: in_force

If it appear from the information that there is just reason to

fear the commission of the offenses threatened, by the person

complained of, the magistrate must issue a warrant, directed

generally to the sheriff of the county, or any constable, or

marshal, or policeman of the city or town, reciting the substance of

the information, and commanding the officer forthwith to arrest the

person complained of, and bring him before the magistrate of the

county.

R.L. 1910, Sec. 5562.
Okla. Stat. tit. 22, § 22-1233 — OK Code / Title 22 / Section 22-1233
Return of search warrant
Status: in_force

A. Any peace officer who executes a search warrant must

forthwith return the warrant to the magistrate who authorized the

warrant or to a magistrate who presides in the judicial district in

which the property was found and seized together with a written

inventory of the property taken, which shall be made publicly, or in

the presence of the person from whose possession it was taken and of

the applicant for the warrant, if they are present, verified by the

affidavit of the officer, and taken before the magistrate, to the

following effect:

I, A. B., the officer by whom this warrant was executed, do

swear that the above inventory contains a true and detailed account

of all the property taken by me on the warrant.

B. Any peace officer who executes a search warrant to search a

third-party residence for a person with an outstanding warrant must

forthwith return the search warrant to the magistrate who authorized

the warrant or to a magistrate who presides in the judicial district

in which the person was found by filing an arrest and booking

affidavit or by filing a separate return identifying the person and

the location where the person was found, verified by the affidavit

of the officer, and taken before the magistrate, to the following

effect:

I, A. B., the officer by whom this warrant was executed, do

swear that the above contains the true name and location of arrest

for the person arrested by me pursuant to the warrant.
Okla. Stat. tit. 22, § 22-1182 — OK Code / Title 22 / Section 22-1182
Accusation by grand jury
Status: in_force

An accusation in writing, charging such officer with any of the

causes for removal mentioned in the first preceding section may be

presented by the grand jury to the district court of the county in

or for which the officer is elected or appointed: Provided, that in

the case of a state officer, such accusation may be presented by the

grand jury of the county in which such officer resides, or in which

he has his place of office for the usual transaction of official

business.
Okla. Stat. tit. 22, § 22-506 — OK Code / Title 22 / Section 22-506
Hearing on demurrer
Status: in_force

Upon the demurrer being filed, the objections presented thereby

must be heard, either immediately or at such time as the court may

appoint.
Okla. Stat. tit. 22, § 22-1603 — OK Code / Title 22 / Section 22-1603
Collection of data relating to victim protective orders
Status: in_force

A. If funds are available, the Office of the Attorney General

annually shall collect data on the number of victim protective

orders issued in each county and the number of violations of victim

protective orders in each county.

B. The Office of the Attorney General shall provide this

information to the Domestic Violence Fatality Review Board and the

Administrative Office of the Courts.
Okla. Stat. tit. 22, § 22-1342 — OK Code / Title 22 / Section 22-1342
Peace officers - Arrest without warrant
Status: in_force

Any peace officer may arrest without warrant any person he has

probable cause for believing has committed larceny of merchandise

held for sale in retail or wholesale establishments, when such

arrest is made in a reasonable manner.
Okla. Stat. tit. 22, § 22-1115.3 — OK Code / Title 22 / Section 22-1115.3
State traffic-related offenses - State wildlife-related
Status: in_force

or water safety-related offenses - Bail.

A. The court shall prescribe the amount of bail for the

following state traffic-related offenses:

1. Any felony;

2. Negligent homicide;

3. Driving or being in actual physical control of a motor

vehicle while impaired by or under the influence of alcohol or other

intoxicating substances;

4. Eluding or attempting to elude a law enforcement officer;

5. Driving while license is under suspension, revocation,

denial or cancellation;

6. Failure to stop or remain at the scene of an accident; and

7. Any other traffic violation for which a defendant is

delivered to the judge of the court as magistrate pursuant to the

provisions of Section 1115.2 of this title, or other law.

B. The amount of bail for an overweight offense shall be the

amount of fine and costs, including any penalty assessment provided

for in the Oklahoma Statutes and the fees provided for in Sections

Oklahoma Statutes - Title 22. Criminal Procedure Page 430

1313.2, 1313.3, 1313.4 and 1313.5 of Title 20 of the Oklahoma

Statutes.

C. The amount of bail for other state traffic-related offenses

shall be the amount of fine and costs including any penalty

assessments provided for in the Oklahoma Statutes and the fees

provided for in Sections 1313.2, 1313.3, 1313.4 and 1313.5 of Title

20 of the Oklahoma Statutes.

D. The amount of bail for a state wildlife-related or water

safety-related offense shall be the amount of fine and costs

including any penalty assessment provided for in the Oklahoma

Statutes and the fees provided for in Sections 1313.2, 1313.3,

1313.4 and 1313.5 of Title 20 of the Oklahoma Statutes.

E. On or before September 1 of each year, the Administrative

Office of the Courts shall prepare a schedule of amounts to be

received as bail for each offense pursuant to subsections A, B, C

and D of this section and shall distribute the schedule to the

Department of Public Safety, each district court clerk in this state

and to other interested parties upon request.

F. The district court clerk, unless otherwise directed by the

court, shall accept bail or the payment of a fine and costs in the

form of currency or personal, cashier's, traveler's, certified or

guaranteed bank check, or postal or commercial money order for the

amount prescribed in this section for bail.

G. The district court clerk shall accept as bail a guaranteed

arrest bond certificate issued by a surety company, an automobile

club or trucking association, if:

1. The issuer is authorized to do business in this state by the

State Insurance Commissioner;

2. The certificate is issued to and signed by the arrested

person;

3. The certificate contains a printed statement that appearance

of such person is guaranteed and the issuer, in the event of failure

of such person to appear in court at the time of trial, will pay any

fine or forfeiture imposed; and

4. The limit provided on the certificate equals or exceeds the

amount of bail provided for in this section.
Okla. Stat. tit. 22, § 22-269 — OK Code / Title 22 / Section 22-269
Form of commitment
Status: in_force

The commitment must be to the following effect:

Oklahoma Statutes - Title 22. Criminal Procedure Page 147

The State of Oklahoma.

An order having been this day made by me, that A B be held to

answer upon a charge of (stating briefly the nature of the offense,

with time and place as near as may be), you are commanded to receive

him into your custody, and detain him until he is legally

discharged.

Justice of the Peace (or as the case may be).
Okla. Stat. tit. 22, § 22-338 — OK Code / Title 22 / Section 22-338
Subjects for inquiry by grand jury
Status: in_force

The grand jury must inquire:

1. Into the case of every person imprisoned in the jail of the

county or subdivision, on a criminal charge, and not indicted.

2. Into the condition and management of the public prisons in

the county or subdivision; and,

3. Into the willful and corrupt misconduct in office of public

officers of every description in the county or subdivision.

Oklahoma Statutes - Title 22. Criminal Procedure Page 161
Okla. Stat. tit. 22, § 22-1367 — OK Code / Title 22 / Section 22-1367
Volunteers - Liability for professional services
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 527

Any member of the Oklahoma Bar Association who volunteers

professional legal services without compensation for purposes of

providing trial or appellate legal defense services to an indigent

defendant shall not be subject to any liability for volunteered

professional services that are performed in conjunction with the

representation of said indigent defendant.
Okla. Stat. tit. 22, § 22-91 — OK Code / Title 22 / Section 22-91
Officer may command assistance
Status: in_force

When a sheriff or other public officer authorized to execute

process, finds, or has reason to apprehend that resistance will be

made to the execution of the process, he may command as many male

inhabitants of his county as he may think proper, and may in manner

and form as provided by law, and not otherwise, call any military

company or companies in the county, armed and equipped, to assist

him in overcoming the resistance, and if necessary, in seizing,

arresting and confining the resisters and their aiders and abettors,

to be punished according to law.
Okla. Stat. tit. 22, § 22-187 — OK Code / Title 22 / Section 22-187
Arrest made by whom
Status: in_force

An arrest may be either:

1. By a peace officer, under warrant,

2. By a peace officer without a warrant; or,

3. By a private person.
Okla. Stat. tit. 22, § 22-60.9 — OK Code / Title 22 / Section 22-60.9
Warrantless arrest
Status: in_force

A. Pursuant to paragraph 7 of Section 196 of this title, a

peace officer, without a warrant, shall arrest and take into custody

a person if the peace officer has reasonable cause to believe that:

1. An emergency ex parte or final protective order has been

issued and served upon the person, pursuant to the Protection from

Domestic Abuse Act;

2. A true copy and proof of service of the order has been filed

with the law enforcement agency having jurisdiction of the area in

which the plaintiff or any family or household member named in the

order resides or a certified copy of the order and proof of service

is presented to the peace officer as provided in subsection D of

this section;

3. The person named in the order has received notice of the

order and has had a reasonable time to comply with such order; and

4. The person named in the order has violated the order or is

then acting in violation of the order.

B. A peace officer, without a warrant, shall arrest and take

into custody a person if the following conditions have been met:

1. The peace officer has reasonable cause to believe that a

foreign protective order has been issued, pursuant to the law of the

state or tribal court where the foreign protective order was issued;

2. A certified copy of the foreign protective order has been

presented to the peace officer that appears valid on its face; and

3. The peace officer has reasonable cause to believe the person

named in the order has violated the order or is then acting in

violation of the order.

C. A person arrested pursuant to this section shall be brought

before the court within twenty-four (24) hours after arrest to

answer to a charge for violation of the order pursuant to Section

60.8 of this title, at which time the court shall do each of the

following:

1. Set a time certain for a hearing on the alleged violation of

the order within seventy-two (72) hours after arrest, unless

extended by the court on the motion of the arrested person;

2. Set a reasonable bond pending a hearing of the alleged

violation of the order; and

3. Notify the party who has procured the order and direct the

party to appear at the hearing and give evidence on the charge.

The court may also consider the safety of any and all alleged

victims that are subject to the protection of the order prior to the

court setting a reasonable bond pending a hearing of the alleged

violation of the order.

Oklahoma Statutes - Title 22. Criminal Procedure Page 94

D. A copy of a protective order shall be prima facie evidence

that such order is valid in this state when such documentation is

presented to a law enforcement officer by the plaintiff, defendant,

or another person on behalf of a person named in the order. Any law

enforcement officer may rely on such evidence to make an arrest for

a violation of such order, if there is reason to believe the

defendant has violated or is then acting in violation of the order

without justifiable excuse. When a law enforcement officer relies

upon the evidence specified in this subsection, such officer and the

employing agency shall be immune from liability for the arrest of

the defendant if it is later proved that the evidence was false.

E. Any person who knowingly and willfully presents any false or

materially altered protective order to any law enforcement officer

to effect an arrest of any person shall, upon conviction, be guilty

of a felony punishable by imprisonment in the custody of the

Department of Corrections for a period not to exceed two (2) years,

or by a fine not exceeding Five Thousand Dollars ($5,000.00) and

shall, in addition, be liable for any civil damages to the

defendant.
Okla. Stat. tit. 22, § 22-1162 — OK Code / Title 22 / Section 22-1162
Jury to try sanity
Status: in_force

When an indictment or information is called for trial, or upon

conviction the defendant is brought up for judgment, if a doubt

arise as to the sanity of the defendant, the court must order a jury

to be impaneled from the jurors summoned and returned for the term,

or who may be summoned by direction of the court, to inquire into

the fact.
Okla. Stat. tit. 22, § 22-749 — OK Code / Title 22 / Section 22-749
Sworn statements taken by district attorney or peace
Status: in_force

officer of persons having knowledge of criminal offense - Use.

A. In the investigation of a criminal offense, the district

attorney or any peace officer may take the sworn statement of any

person having knowledge of such criminal offense. Any person

charged with a crime shall be entitled to a copy of any such sworn

statement upon the same being obtained.

B. If a witness in a criminal proceeding gives testimony upon a

material issue of the case contradictory to his previous sworn

statement, evidence may be introduced that such witness has

previously made a statement under oath contradictory to such

testimony.
Okla. Stat. tit. 22, § 22-363 — OK Code / Title 22 / Section 22-363
Compensation and reimbursement
Status: in_force

Multicounty grand jurors shall be compensated as provided in

Section 86 of Title 28 of the Oklahoma Statutes, and shall be

reimbursed for necessary expenses on a per diem basis in the same

manner and at the same rate as is prescribed by law for state

employees.
Okla. Stat. tit. 22, § 22-1273 — OK Code / Title 22 / Section 22-1273
Informalities or errors not fatal if not prejudicial
Status: in_force

Neither a departure from the form or mode prescribed in this

chapter in respect to any pleadings or proceedings, nor an error or

mistake therein, renders it invalid, unless it has actually

prejudiced the defendant or tended to his prejudice, in respect to a

substantial right.
Okla. Stat. tit. 22, § 22-859 — OK Code / Title 22 / Section 22-859
Substitute for district attorney failing or unable to
Status: in_force

attend trial or disqualified.

If the district attorney fails, or is unable to attend at the

trial or is disqualified, the court must appoint some attorney at

law to perform the duties of the district attorney on such trial.
Okla. Stat. tit. 22, § 22-1355A — OK Code / Title 22 / Section 22-1355A
Application for representation by the System
Status: in_force

A. When an indigent requests representation by the Oklahoma

Indigent Defense System, such person shall submit an appropriate

application to the court clerk, which shall state that the

application is signed under oath and under the penalty of perjury

and that a false statement may be prosecuted as such. The

application shall state whether or not the indigent has been

released on bond. In addition, if the indigent has been released on

bond, the application shall include a written statement from the

applicant that the applicant has contacted three named attorneys,

licensed to practice law in this state, and the applicant has been

unable to obtain legal counsel.

B. 1. The Court of Criminal Appeals shall promulgate rules

governing the determination of indigency pursuant to the provisions

of Section 55 of Title 20 of the Oklahoma Statutes. The initial

determination of indigency shall be made by the Chief Judge of the

Judicial District or a designee thereof, based on the defendant’s

application and the rules provided herein.

2. Upon promulgation of the rules required by law, the

determination of indigency shall be subject to review by the

Presiding Judge of the Judicial Administrative District. Until such

rules become effective, the determination of indigency shall be

subject to review by the Court of Criminal Appeals.

C. Before the court appoints the System based on the

application, the court shall advise the indigent or, if applicable,

a parent or legal guardian, that the application is signed under

oath and under the penalty of perjury and that a false statement may

be prosecuted as such. A copy of the application shall be sent to

the prosecuting attorney or the Office of the Attorney General,

whichever is appropriate, for review. Upon request by any party

including, but not limited to, the attorney appointed to represent

the indigent, the court shall hold a hearing on the issue of

eligibility for appointment of the System.

D. If the defendant is admitted to bail and the defendant or

another person on behalf of the defendant posts a bond, other than

Oklahoma Statutes - Title 22. Criminal Procedure Page 523

by personal recognizance, the court may consider such fact in

determining the eligibility of the defendant for appointment of the

System; provided, however, such consideration shall not be the sole

factor in the determination of eligibility.

E. The System shall be prohibited from accepting an appointment

unless a completed application for court-appointed counsel as

provided by Form 13.3 of Section XIII of the Rules of the Court of

Criminal Appeals, 22 O.S. 2001, Ch. 18, App., has been filed of

record in the case.
Okla. Stat. tit. 22, § 22-1058 — OK Code / Title 22 / Section 22-1058
Conditions of bond - Surrender by sureties - Stay of
Status: in_force

execution - Confinement of defendant when crime not bailable.

If an appeal is taken and the appeal bond given as provided in

the preceding section, said bond shall be conditioned that the

Oklahoma Statutes - Title 22. Criminal Procedure Page 366

defendant will appear, submit to and perform any judgment rendered

by the Criminal Court of Appeals or the court in which the original

judgment was rendered in the further progress of the cause, and will

not depart without leave of the court. After the determination of

the appeal in the Criminal Court of Appeals, or if the appeal is not

perfected as provided by law, the defendant may be surrendered by

the sureties to the proper authorities for the execution of the

sentence. If the defendant be adjudged to be incarcerated in any

penal institution and/or to pay a fine, said sureties shall be

relieved of liability for such fine and costs upon surrender of the

defendant to the proper authorities for incarceration pursuant to

the judgment and prior to forfeiture of the bond. If no bond be

given the appeal shall not stay execution of the judgment, except in

capital cases or where otherwise specifically provided by law. If

pending the appeal the bond be given, a further execution of the

judgment shall be stayed and the defendant released pending the

determination of the appeal. In all cases where the sentence is for

a crime not bailable the defendant shall be confined in the

penitentiary pending the appeal.

R.L. 1910, § 5995; Laws 1935, p. 20, § 1.
Okla. Stat. tit. 22, § 22-196 — OK Code / Title 22 / Section 22-196
Arrest without warrant by officer
Status: in_force

A peace officer may, without a warrant, arrest a person:

1. For a public offense, committed or attempted in the

officer's presence;

2. When the person arrested has committed a felony, although

not in the officer's presence;

3. When a felony has in fact been committed, and the officer

has reasonable cause to believe the person arrested to have

committed it;

4. On a charge, made upon reasonable cause, of the commission

of a felony by the party arrested;

5. When the officer has probable cause to believe that the

party was driving or in actual physical control of a motor vehicle

involved in an accident within this state, whether upon public

Oklahoma Statutes - Title 22. Criminal Procedure Page 135

roads, highways, streets, turnpikes, other public places, or upon

any private road, street, alley or lane which provides access to one

or more single- or multi-family dwellings and was under the

influence of alcohol or intoxicating liquor or who was under the

influence of any substance included in the Uniform Controlled

Dangerous Substances Act;

6. Anywhere, including a place of residence of the person, if

the peace officer has probable cause to believe the person within

the preceding seventy-two (72) hours has committed an act of

domestic abuse as defined by Section 60.1 of this title, although

the assault did not take place in the presence of the peace officer.

A peace officer may not arrest a person pursuant to this section

without first observing a recent physical injury to, or an

impairment of the physical condition of, the alleged victim;

7. When a peace officer, in accordance with the provisions of

Section 60.9 of this title, is acting on a violation of a protective

order offense; or

8. When the officer has probable cause to believe that the

person has threatened another person as defined in subsection B of

Section 1378 of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-411 — OK Code / Title 22 / Section 22-411
Matters which need not be stated
Status: in_force

Neither presumptions of law, nor matters of which judicial

notice is taken, need be stated in an indictment or information.
Okla. Stat. tit. 22, § 22-1141.5 — OK Code / Title 22 / Section 22-1141.5
Agreement for return to other state - Surrender of
Status: in_force

person leaving state involuntarily.

When it is desired to have returned to this state a person

charged in this state with a crime, and such person is imprisoned or

is held under criminal proceedings then pending against him in

another state, the Governor of this state may agree with the

executive authority of such other state for the extradition of such

person before the conclusion of such proceedings or his term of

sentence in such other state, upon condition that such person be

returned to such other state at the expense of this state as soon as

the prosecution in this state is terminated.

The Governor of this state may also surrender on demand of the

executive authority of any other state any person in this state who

is charged in the manner provided in Section 23 of this act with

having violated the laws of the state whose executive authority is

making the demand, even though such person left the demanding state

involuntarily.
Okla. Stat. tit. 22, § 22-1355.7 — OK Code / Title 22 / Section 22-1355.7
Conflicts of interest - Appointment of private
Status: in_force

attorney.

A. If the Executive Director determines that a conflict of

interest exists at the trial level between a defendant and an

attorney employed by the System, the case may be reassigned by the

Executive Director to another attorney employed by the System, or to

a private attorney with whom the System has a contract for indigent

defense or who is included on a list of attorneys as provided in

subsection C of this section.

B. If the Executive Director determines that a conflict of

interest exists at the trial level between a defendant and an

attorney who represents indigents either pursuant to a contract with

the System or as assigned by the System, the case may be reassigned

by the Executive Director to an attorney employed by the System,

another attorney who represents indigents pursuant to a contract

with the System, or another private attorney who has agreed to

accept such assignments pursuant to subsection C of this section.

C. Assignment of a case by the System to a private attorney in

all counties of this state served by the System shall be from a list

of attorneys willing to accept such assignments and who meet the

qualifications established by the System for such assignments.

D. Payment to such private attorneys shall be made by the

System and shall be at rates approved by the System, subject to the

statutory limits established in Sections 1355.8 and 1355.13 of this

title for cases at the trial level.
Okla. Stat. tit. 22, § 22-653 — OK Code / Title 22 / Section 22-653
When challenge taken
Status: in_force

It must be taken when the jury is full, and as soon as one

person is removed by challenge, another must be put in his place,

until the challenges are exhausted or waived. The court for good

cause shown may permit a juror to be challenged after he is sworn to

try the cause, but not after the testimony has been partially heard.
Okla. Stat. tit. 22, § 22-179 — OK Code / Title 22 / Section 22-179
When bail is not given
Status: in_force

If, on the admission of the defendant to bail, bail be not

forthwith given, the officer must take the defendant before the

magistrate who issued the warrant, or some other magistrate in the

same county, as provided in the next section.
Okla. Stat. tit. 22, § 22-343 — OK Code / Title 22 / Section 22-343
Privilege of grand juror
Status: in_force

A grand juror cannot be questioned for anything he may say, or

any vote he may give in the grand jury, relative to a matter legally

pending before the jury, except for a perjury of which he may have

been guilty in making an accusation or giving testimony to his

fellow jurors.
Okla. Stat. tit. 22, § 22-60.11 — OK Code / Title 22 / Section 22-60.11
Protective order – Statement required - Validity
Status: in_force

In addition to any other provisions required by the Protection

from Domestic Abuse Act, or otherwise required by law, each ex parte

or final protective order issued pursuant to the Protection from

Domestic Abuse Act shall have a statement printed in bold-faced type

or in capital letters containing the following information:

1. The filing or nonfiling of criminal charges and the

prosecution of the case shall not be determined by a person who is

protected by the protective order, but shall be determined by the

prosecutor;

2. No person, including a person who is protected by the order,

may give permission to anyone to ignore or violate any provision of

the order. During the time in which the order is valid, every

provision of the order shall be in full force and effect unless a

court changes the order;

3. The order shall be in effect for a fixed period of five (5)

years unless extended, modified, vacated or rescinded by the court

or shall be continuous upon a specific finding by the court as

provided in subparagraph b of paragraph 1 of subsection G of Section

60.4 of this title unless modified, vacated or rescinded by the

court;

4. The order shall be entered into the National Crime

Information Center (NCIC) database;

Oklahoma Statutes - Title 22. Criminal Procedure Page 95

5. A violation of the order is punishable by a fine of up to

One Thousand Dollars ($1,000.00) or imprisonment for up to one (1)

year in the county jail, or by both such fine and imprisonment. A

violation of the order which causes injury is punishable by

imprisonment for twenty (20) days to one (1) year in the county jail

or a fine of up to Five Thousand Dollars ($5,000.00), or by both

such fine and imprisonment;

6. Possession of a firearm or ammunition by a defendant while

an order is in effect may subject the defendant to prosecution for a

violation of federal law even if the order does not specifically

prohibit the defendant from possession of a firearm or ammunition;

7. The defendant must avoid the residence of the petitioner or

any premises temporarily occupied by the petitioner;

8. The defendant must avoid contact that harasses or

intimidates the petitioner. Contact includes, but is not limited

to, contact at the home, work, or school of the petitioner, public

places, in person, by phone, in writing, by electronic communication

or device, or in any other manner;

9. The defendant shall not impersonate or adopt the

personification of the petitioner by pretending to be the

petitioner, ordering items, posting information or making inquiries,

or publishing photographs of the petitioner, by use of social media,

or by use of computer, telephone, texting, emailing, or by use of

any electronic means;

10. The defendant must refrain from removing, hiding, damaging,

harming, mistreating, or disposing of a household pet;

11. The defendant must allow the petitioner or a family member

or household member of the petitioner acting on his or her behalf to

retrieve a household pet;

12. The defendant must avoid contacting the petitioner or

causing any person other than an attorney for the petitioner or law

enforcement officer to contact the petitioner unless the petitioner

consents in writing; and

13. The sheriff will accompany the petitioner and assist in

placing the petitioner in physical possession of his or her

residence, if requested.
Okla. Stat. tit. 22, § 22-190.1 — OK Code / Title 22 / Section 22-190.1
Custody of person arrested without warrant for
Status: in_force

nonbailable offense.

The person, when arrested without warrant for an offense not

bailable, shall be held in custody by the sheriff of the county in

which the arrest was made. If the sheriff has contracted for the

custody of prisoners in the county, the contractor shall be required

to hold in custody any prisoner delivered to the contractor pursuant

to this section.

Oklahoma Statutes - Title 22. Criminal Procedure Page 134
Okla. Stat. tit. 22, § 22-351 — OK Code / Title 22 / Section 22-351
Verified application - Order - Authority of district
Status: in_force

attorney.

A. 1. Whenever the Attorney General considers it to be in the

public interest to convene a grand jury with jurisdiction extending

beyond the boundaries of a single county, he or she shall file a

verified application with the Chief Justice of the Supreme Court, or

with such Justice of the Supreme Court as is designated by rule to

receive such application.

2. The application shall:

a. state that in the judgment of the Attorney General,

the convening of a multicounty grand jury is necessary

because of organized crime or public corruption, or

both, involving more than one county of the state and

that, in the judgment of the Attorney General, the

Oklahoma Statutes - Title 22. Criminal Procedure Page 165

investigation cannot be adequately performed by a

county grand jury, and

b. specify those counties for which the multicounty grand

jury is to be convened.

3. The Supreme Court, within fifteen (15) days, shall

determine whether or not to issue an order convening the multicounty

grand jury. If an order is issued convening said jury, the purpose

or purposes shall be set forth in such order.

B. An order granting the convening of a multicounty grand jury

issued under subsection A of this section shall:

1. Convene a multicounty grand jury having jurisdiction over

any subject matter listed in Section 353 of this title which occurs

in any single county or in multiple counties of this state approved

by the Supreme Court and requested in the application by the

Attorney General;

2. Designate a district court judge to be the presiding judge

over such multicounty grand jury and provide that such judge shall,

with respect to investigations, indictments, reports, and all other

proper activities of said multicounty grand jury, have jurisdiction

over all counties in the jurisdiction of said multicounty grand

jury; and

3. Provide for such other incidental arrangements as may be

necessary, including a determination of the share of costs

attributable to the state.

C. The impaneling of a multicounty grand jury shall not be

construed to diminish the responsibility or the authority of any

district attorneys within their respective jurisdictions to

investigate and prosecute organized crime or public corruption, or

any other crime.
Okla. Stat. tit. 22, § 22-34.5 — OK Code / Title 22 / Section 22-34.5
Attorney General's Office of Civil Rights Enforcement to
Status: in_force

establish procedures for filing racial profiling complaint - Annual

report of complaints.

A. The Attorney General's Office of Civil Rights Enforcement

shall promulgate rules establishing procedures for filing a racial

profiling complaint with the Attorney General's Office of Civil

Rights Enforcement and the district attorney and the process for

delivering a copy of the complaint by the Attorney General to the

employing agency. The Attorney General's Office of Civil Rights

Enforcement, in consultation with the Governor's Cabinet Secretary

for Safety and Security, shall promulgate forms for complaints of

racial profiling.

B. The Attorney General shall compile an annual report of all

complaints received for racial profiling and submit the report on or

before January 31 of each year to the Governor, the President Pro

Tempore of the Senate, and the Speaker of the House of

Representatives; provided, the names of the complainants shall be

redacted and shall not be forwarded with the report.
Okla. Stat. tit. 22, § 22-12 — OK Code / Title 22 / Section 22-12
Party defendant
Status: in_force

The party prosecuted in a criminal action is designated in this

chapter as the defendant.
Okla. Stat. tit. 22, § 22-1104 — OK Code / Title 22 / Section 22-1104
Qualifications of bail - Justification
Status: in_force

The qualifications of bail are the same as those in civil cases,

and the sureties must in all cases justify by affidavits taken

before the magistrate, court or judge, or before the clerk of the

district or superior court or his deputy, that they each possess

those qualifications.
Okla. Stat. tit. 22, § 22-1355.3 — OK Code / Title 22 / Section 22-1355.3
Board - Powers and duties
Status: in_force

A. The Board shall have the following powers and duties:

1. To appoint the Executive Director and to set the salary of

the Executive Director;

2. To adopt salary schedules for the System;

3. To establish policies for the System as provided by law;

4. To require reports from the Executive Director as the Board

deems necessary;

Oklahoma Statutes - Title 22. Criminal Procedure Page 511

5. To approve an annual budget for the System, prepared and

administered by the Executive Director;

6. To authorize the acceptance of monies, gifts, grants, or

services from any public or private source;

7. To review claims for expenditures of monies;

8. To authorize contracts with individuals, educational

institutions, or state or federal agencies;

9. To allocate and distribute funds or gifts received from

public or private sources for indigent defense; and

10. To consult with indigent defenders and defense lawyers who

represent indigents pursuant to contract or who agree to accept

indigent defense cases assigned by the System to discuss problems

and hear recommendations concerning necessary research, minimum

standards, educational needs, and other matters imperative to

conducting Oklahoma criminal defense in a professional manner.

B. The Board shall make an annual report to the Governor, the

President Pro Tempore of the Senate, the Speaker of the House of

Representatives, the Chief Justice of the Oklahoma Supreme Court,

and the Presiding Judge of the Oklahoma Court of Criminal Appeals

regarding the efforts of the Board to implement the purposes of the

Indigent Defense Act.

C. If there is a vacancy or extended absence in the office of

Executive Director, the Board shall perform the duties or appoint an

interim director to perform such duties until a new Executive

Director is appointed.
Okla. Stat. tit. 22, § 22-640 — OK Code / Title 22 / Section 22-640
Procedure after decision of challenge
Status: in_force

If, upon an exception to the challenge, or a denial of the

facts, the challenge be allowed, the court must discharge the jury,

and another jury can be summoned for the same term forthwith from

the body of the county or subdivision; or the judge may order a jury

to be drawn and summoned in the regular manner. If it be

disallowed, the court must direct the jury to be impaneled.
Okla. Stat. tit. 22, § 22-321 — OK Code / Title 22 / Section 22-321
New grand jury in certain cases
Status: in_force

If the grand jury is discharged by the allowance of a challenge

to the whole panel; or if from any cause, in the opinion of the

court, another grand jury may become necessary, the court may in its

discretion order that another grand jury be summoned.
Okla. Stat. tit. 22, § 22-472 — OK Code / Title 22 / Section 22-472
Anna McBride Act – Mental health courts
Status: in_force

A. This section shall be known and may be cited as the “Anna

McBride Act”.

B. Any district or municipal court of this state may establish

a mental health court program pursuant to the provisions of this

section, subject to the availability of funds.

C. The court may request assistance from the Department of

Mental Health and Substance Abuse Services which shall be the

primary agency to assist in developing and implementing a mental

health court program.

D. For purposes of this section, “mental health court” means a

judicial process that utilizes specially trained court personnel to

expedite a case and explore alternatives to incarceration for an

offender charged with criminal offenses other than a crime listed in

paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes who

has a mental illness or a developmental disability, or a co-

occurring mental illness and substance abuse disorder. The district

attorney’s office may use discretion in the prosecution of an

offender specified in this subsection subject to the restrictions

provided in subsection E of this section.

E. The court shall have the authority to exclude from mental

health court any offender arrested or charged with any violent

offense or any offender who has a prior felony conviction in this

state or another state for a violent offense. Eligibility and entry

by an offender into the mental health court program is dependent

upon prior approval of the district attorney. Eligible offenses may

further be restricted by the rules of the specific mental health

court program. The court shall have the authority to exclude

persons from mental health court who have a propensity for violence.

F. The mental health court judge shall recognize relapses and

restarts in the program which shall be considered as part of the

rehabilitation and recovery process. The court shall accomplish

Oklahoma Statutes - Title 22. Criminal Procedure Page 199

monitoring and offender accountability by ordering progressively

increasing sanctions or providing incentives, rather than removing

the offender from the program when a violation occurs, except when

the conduct of the offender requires revocation from the program.

Any revocation from the mental health court program shall require

notice to the offender and other participating parties in the case

and a revocation hearing. At the revocation hearing, if the

offender is found to have violated the conditions of the plea

agreement or performance contract and disciplinary sanctions have

been insufficient to gain compliance, the offender shall be revoked

from the program and sentenced for the offense as provided in the

plea agreement.

G. Any criminal case which has been filed and processed in the

traditional manner shall be cross-referenced to a mental health

court case file by the court clerk if the case is subsequently

assigned to a mental health court program. The originating criminal

case file shall remain open to public inspection. The court shall

determine what information or pleadings are to be retained in the

mental health case court file, which shall be closed to public

inspection.
Okla. Stat. tit. 22, § 22-1241 — OK Code / Title 22 / Section 22-1241
Search of defendant for weapons or evidence
Status: in_force

When a person charged with a felony is supposed by the

magistrate before whom he is brought to have upon his person a

dangerous weapon or anything which may be used as evidence of the

commission of the offense, the magistrate may direct him to be

searched in his presence, and the weapon or other thing to be

retained, subject to his order or the order of the court in which

the defendant may be tried.
Okla. Stat. tit. 22, § 22-1141.16 — OK Code / Title 22 / Section 22-1141.16
Bail
Status: in_force

Unless the offense with which the prisoner is charged is shown

to be an offense punishable by death or life imprisonment under the

laws of the state in which it was committed, a judge or magistrate

in this state may admit the person arrested to bail by bond, with

sufficient sureties, and in such sum as he deems proper, conditioned

for his appearance before him at a time specified in such bond, and

for his surrender, to be arrested upon the warrant of the Governor

of this state.
Okla. Stat. tit. 22, § 22-991a-17 — OK Code / Title 22 / Section 22-991a-17
Enhancement of sentence
Status: in_force

Whenever a person is convicted of an offense enumerated in

Section 445 of this act in which the victim is elderly or

incapacitated, the court shall upon conviction:

1. Commit the defendant for confinement as provided by law;

provided, the first thirty (30) days of the sentence shall not be

subject to probation, suspension or deferral; provided further, this

mandatory minimum period of confinement shall be served in the

county jail as a condition of a suspended or deferred sentence,

pursuant to Section 991a of Title 22 of the Oklahoma Statutes and

may be served by night or weekend incarceration pursuant to Section

991a-2 of Title 22 of the Oklahoma Statutes; and

2. a. Require restitution be paid to the victim for out-of-

pocket expenses, loss or damage to property and

medical expenses for injury proximately caused by the

conduct of the defendant pursuant to Section 447 of

this act, or

b. Assign the offender to perform a required term of

community service, according to a schedule consistent

with the employment and family responsibility of the

person convicted, or

c. Require restitution as provided in subparagraph a of

this paragraph and community service as provided in

subparagraph b of this paragraph; and

3. The court may further impose a fine or any other penalty

otherwise provided by law.
Okla. Stat. tit. 22, § 22-724 — OK Code / Title 22 / Section 22-724
Exemption from arrest and service of process
Status: in_force

If a person comes into this state in obedience to a summons

directing him to attend and testify in this state he shall not while

in this state pursuant to such summons be subject to arrest or the

service of process, civil or criminal, in connection with matters

which arose before his entrance into this state under the summons.

If a person passes through this state while going to another

state in obedience to a summons to attend and testify in that state

or while returning therefrom, he shall not while so passing through

this state be subject to arrest or the service of process, civil or

criminal, in connection with matters which arose before his entrance

into this state under the summons.
Okla. Stat. tit. 22, § 22-523 — OK Code / Title 22 / Section 22-523
Refusal to plead
Status: in_force

If the defendant refuse to answer the indictment or information

by demurrer or plea, a plea of not guilty must be entered.
Okla. Stat. tit. 22, § 22-223 — OK Code / Title 22 / Section 22-223
Arrests otherwise lawful
Status: in_force

Section 1 of this act shall not be construed so as to make

unlawful any arrest in this state which would otherwise be lawful.
Okla. Stat. tit. 22, § 22-1136 — OK Code / Title 22 / Section 22-1136
Foreign arrests - Misdemeanors
Status: in_force

A violation hereof is a misdemeanor.
Okla. Stat. tit. 22, § 22-6 — OK Code / Title 22 / Section 22-6
Oath includes affirmation
Status: in_force

The term oath includes an affirmation.
Okla. Stat. tit. 22, § 22-161 — OK Code / Title 22 / Section 22-161
Magistrate defined
Status: in_force

A magistrate is an officer having power to issue a warrant for

the arrest of a person charged with a public offense.
Okla. Stat. tit. 22, § 22-1141.30 — OK Code / Title 22 / Section 22-1141.30
Short title
Status: in_force

This act may be cited as the Uniform Criminal Extradition Act.
Okla. Stat. tit. 22, § 22-1232 — OK Code / Title 22 / Section 22-1232
Disposition of property recovered
Status: in_force

When the property is delivered to the magistrate, he must, if it

was stolen or embezzled, deliver it to the owner on satisfactory

proof of his title, and on his paying the necessary expenses

incurred in its preservation, to be certified by the magistrate. If

it were taken on a warrant issued on the grounds stated in the

Oklahoma Statutes - Title 22. Criminal Procedure Page 481

second and third subdivisions of the second section of this article,

he must retain it in his possession, subject to the order of the

court to which he is required to return the proceedings before him,

or of any other court in which the offense, in respect to which the

property was taken, is triable.
Okla. Stat. tit. 22, § 22-833 — OK Code / Title 22 / Section 22-833
Province of jury in libel case
Status: in_force

On the trial of an indictment or information for libel, the jury

shall determine the facts under the instructions of the court as in

other cases.
Okla. Stat. tit. 22, § 22-988.25 — OK Code / Title 22 / Section 22-988.25
Impermissible occupation — Ineligibility for community
Status: in_force

sentencing.

Notwithstanding any other provision of the Oklahoma Community

Sentencing Act, a defendant is not eligible for community sentencing

if the defendant is charged with or convicted of an offense under

Section 2 of this act.
Okla. Stat. tit. 22, § 22-1407 — OK Code / Title 22 / Section 22-1407
Action which may be taken by district court after entry
Status: in_force

of judgment.

Following the entry of a judgment that includes a fine or an

order of criminal forfeiture pursuant to the provisions of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act, or

both, the district court may enter a restraining order or an

injunction, require the execution of a satisfactory bond, or take

any other action, including the appointment of a receiver, that the

district court deems proper to protect the interests of the state.

An order of criminal forfeiture shall authorize the Attorney

General or district attorney to seize the property declared

forfeited upon such terms and conditions, relating to the time and

manner of seizure, as the district court shall deem proper.
Okla. Stat. tit. 22, § 22-34 — OK Code / Title 22 / Section 22-34
Intervention by officers
Status: in_force

Public offenses may be prevented by the intervention of the

officers of justice:

1. By requiring security to keep the peace.

2. By forming a police in cities and towns, and by requiring

their attendance in exposed places.

3. By suppressing riots.
Okla. Stat. tit. 22, § 22-1080.1 — OK Code / Title 22 / Section 22-1080.1
Limitation period
Status: in_force

A. A one-year period of limitation shall apply to the filing of

any application for post-conviction relief, whether an original

application or a subsequent application. The limitation period

shall run from the latest of:

1. The date on which the judgment of conviction or revocation

of suspended sentence became final by the conclusion of direct

review by the Oklahoma Court of Criminal Appeals or the expiration

of the time for seeking such review by the Oklahoma Court of

Criminal Appeals;

Oklahoma Statutes - Title 22. Criminal Procedure Page 371

2. The date on which the Governor revoked parole or conditional

release, if the petitioner is challenging the lawfulness of said

revocation;

3. The date on which any impediment to filing an application

created by a state actor in violation of the Constitution of the

United States or the Constitution of the State of Oklahoma, or laws

of the State of Oklahoma, is removed, if the petitioner was

prevented from filing by such action;

4. The date on which the constitutional right asserted was

initially recognized by the United States Supreme Court, if the

right has been newly recognized by the United States Supreme Court

and made retroactively applicable to cases on collateral review; or

5. The date on which the factual predicate of the claim or

claims presented could have been discovered through the exercise of

due diligence.

B. Subject to the exceptions provided for in this section, this

limitation period shall apply irrespective of the nature of the

claims raised in the application and shall include jurisdictional

claims that the trial court lacked subject-matter jurisdiction.

C. The provisions of this section shall apply to any post-

conviction application filed on or after the effective date of this

act.
Okla. Stat. tit. 22, § 22-1414 — OK Code / Title 22 / Section 22-1414
Foreign corporations - Applicability of act
Status: in_force

Each foreign corporation doing business in this state that fails

to file a report or fails to comply with the provisions of Section

1130 of Title 18 of the Oklahoma Statutes shall be subject to the

jurisdiction of the State of Oklahoma for purposes of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act.
Okla. Stat. tit. 22, § 22-718 — OK Code / Title 22 / Section 22-718
Witnesses - Fees and mileage
Status: in_force

A witness who appears from another state to testify in this

state in a criminal case or proceeding pursuant to a subpoena issued

in accordance with the provisions of the Uniform Act to Secure the

Attendance of Witnesses from Without a State in Criminal

Proceedings, Section 721 et seq. of this title, shall be reimbursed

as prescribed by law for travel and expenses at rates not to exceed

those prescribed by law for reimbursement of state employees

traveling interstate. Such witnesses shall receive the same fees as

witnesses who appear from this state, pursuant to Section 81 of

Oklahoma Statutes - Title 22. Criminal Procedure Page 223

Title 28 of the Oklahoma Statutes. If the witness is under eighteen

(18) years of age, or requires the assistance of a guardian due to

age or infirmity, the travel expenses of one parent or guardian may

be reimbursed also. The parent or guardian shall not be entitled to

a witness fee. Upon conviction, such fees and mileage shall be

taxed as costs, collected and deposited as other costs in the case.
Okla. Stat. tit. 22, § 22-976 — OK Code / Title 22 / Section 22-976
Concurrent sentences
Status: in_force

If the defendant has been convicted of two or more offenses,

before judgment on either, the judgment may be that the imprisonment

upon any one may commence at the expiration of the imprisonment upon

any other of the offenses. Provided, that the sentencing judge

shall, at all times, have the discretion to enter a sentence

concurrent with any other sentence.

R.L. 1910, § 5957. Amended by Laws 1985, c. 20, § 2, eff. Nov. 1,

1985; Laws 1997, c. 133, § 68, eff. July 1, 1999; Laws 1999, 1st

Ex.Sess., c. 5, § 19, eff. July 1, 1999.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 68 from July 1, 1998, to July 1, 1999.
Okla. Stat. tit. 22, § 22-845 — OK Code / Title 22 / Section 22-845
Disposition of prisoner on discharge of jury
Status: in_force

If the jury is discharged because the court has not jurisdiction

of the offense charged in the indictment or information, and it

appears that it was committed out of the jurisdiction of this state,

the court may order the defendant to be discharged, or to be

detained for a reasonable time specified in the order, until a

communication can be sent by the district attorney to the chief

executive officer of the state, territory or district where the

offense was committed.
Okla. Stat. tit. 22, § 22-848 — OK Code / Title 22 / Section 22-848
Disposition of prisoner - Proceedings if arrested
Status: in_force

If he is arrested, the same proceedings must be had thereon as

upon the arrest of a defendant in another county, on a warrant of

arrest issued by a magistrate.
Okla. Stat. tit. 22, § 22-186 — OK Code / Title 22 / Section 22-186
Arrest defined
Status: in_force

Arrest is the taking of a person into custody, that he may be

held to answer for a public offense.
Okla. Stat. tit. 22, § 22-1363 — OK Code / Title 22 / Section 22-1363
Filing of jurisdictional documents
Status: in_force

It shall be the responsibility of the trial counsel to file all

jurisdictional documents required to be filed in the district court

Oklahoma Statutes - Title 22. Criminal Procedure Page 526

and the Court of Criminal Appeals to initiate the appeal. The

System shall be prohibited from accepting any appeal, unless trial

counsel has timely filed all necessary documents or has pursued and

been granted the authority for an appeal out of time on the

defendant's behalf.
Okla. Stat. tit. 22, § 22-844 — OK Code / Title 22 / Section 22-844
Jury may be discharged, when
Status: in_force

The court may direct the jury to be discharged where it appears

that it has not jurisdiction of the offense, or that the facts as

charged in the indictment or information do not constitute an

offense punishable by law.
Okla. Stat. tit. 22, § 22-737 — OK Code / Title 22 / Section 22-737
Construction of act
Status: in_force

This act shall be so construed as to effect its general purpose

to make uniform the laws of those states which enact it.
Okla. Stat. tit. 22, § 22-19a — OK Code / Title 22 / Section 22-19a
Arrest or charge as result of identity theft - Expungement
Status: in_force

on motion of court, district attorney or defendant.

Oklahoma Statutes - Title 22. Criminal Procedure Page 40

Notwithstanding any provision of Section 18 or 19 of Title 22 of

the Oklahoma Statutes, when a charge is dismissed because the court

finds that the defendant has been arrested or charged as a result of

the defendant’s name or other identification having been

appropriated or used without the defendant’s consent or

authorization by another person, the court dismissing the charge

may, upon motion of the district attorney or the defendant or upon

the court’s own motion, enter an order for expungement of law

enforcement and court records relating to the charge. The order

shall contain a statement that the dismissal and expungement are

ordered pursuant to this section. An order entered pursuant to this

section shall be subject to the provisions of subsections D through

M of Section 19 of Title 22 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-1166 — OK Code / Title 22 / Section 22-1166
Sanity hearing - Trial or judgment to proceed if
Status: in_force

defendant sane.

If the jury find the defendant sane, the trial of the indictment

must proceed, or judgment may be pronounced as the case may be.
Okla. Stat. tit. 22, § 22-782 — OK Code / Title 22 / Section 22-782
Nonresident witness - Application for commission to take
Status: in_force

testimony.

When a material witness for the defendant resides out of the

state the defendant may apply for an order that the witness be

examined on a commission to be issued under the seal of the court,

and the signature of the clerk, directed to some party designated as

commissioner, authorizing him to examine the witness upon oath or

interrogatories annexed thereto, and to take and certify the

deposition of the witness and return it according to the

instructions given with the commission.
Okla. Stat. tit. 22, § 22-1413 — OK Code / Title 22 / Section 22-1413
Duties of trustee on filing of lien notice - Liability
Status: in_force

A. A trustee, who acquires actual knowledge that a lien notice

or a civil proceeding or criminal proceeding has been filed against

any person for whom the trustee holds legal or record title to

personal or real property, shall immediately furnish to the Attorney

General or district attorney the following:

1. The name and address of the person;

2. The name and address of all other persons for whose benefit

the trustee holds title to the personal or real property; and

3. If requested by the Attorney General or district attorney, a

copy of the trust agreement or other instrument pursuant to which

Oklahoma Statutes - Title 22. Criminal Procedure Page 553

the trustee holds legal or record title to the personal or real

property. Any trustee who fails to comply with the provisions of

this section, upon conviction, is guilty of a felony.

B. Any trustee having notice of the filing of the lien notice,

who transfers or conveys title to personal or real property on which

said notice has been filed, shall not be liable to the state for the

greater of:

1. The amount of proceeds received directly by the person named

in the lien notice as a result of the transfer or conveyance;

2. The amount of proceeds received by the trustee as a result

of the transfer or conveyance and distributed to the person named in

the lien notice; or

3. The fair market value of the interest of the person named in

the lien notice in the personal or real property transferred or

conveyed; but if the trustee transfers or conveys the personal or

real property for at least its fair market value and holds the

proceeds that would otherwise be paid or distributed to the

beneficiary or at the direction of the beneficiary or designee of

the beneficiary, the liability of the trustee shall not exceed the

amount of the proceeds held for so long as the proceeds are held by

the trustee.

C. The filing of a lien notice shall not constitute a lien on

the record title to personal or real property owned by the trustee

except to the extent the trustee is named in the lien notice. The

Attorney General or district attorney may bring a civil proceeding

in any district court against the trustee to recover from the

trustee the amounts set forth in the Oklahoma Racketeer-Influenced

and Corrupt Organizations Act, and the state shall also be entitled

to recover investigative costs and attorneys fees incurred by the

Attorney General or district attorney.

D. The provisions of this section shall not apply to any

transfer or conveyance by a trustee pursuant to a court order,

unless the court order is entered in an action between the trustee

and the beneficiary.
Okla. Stat. tit. 22, § 22-1175.6a — OK Code / Title 22 / Section 22-1175.6a
Person capable of achieving competence within
Status: in_force

reasonable time - Suspension of criminal proceedings - Civil

commitment.

A. If the person is found to be incompetent prior to conviction

because he or she is a person requiring treatment as defined in

Section 1-103 of Title 43A of the Oklahoma Statutes, but capable of

achieving competence with treatment within a reasonable period of

time as defined by Section 1175.1 of this title, the court shall

suspend the criminal proceedings and order the Department of Mental

Health and Substance Abuse Services to provide treatment, therapy or

training which is calculated to allow the person to achieve

competency. The Department may designate a willing entity to

provide such competency restoration services on behalf of the

Department, provided the entity has qualified personnel. The court

shall further order the Department to take custody of the individual

as soon as a forensic bed becomes available, unless both the

Department and the county jail where the person is being held

determine that it is in the best interests of the person to remain

in the county jail. Such competency restoration services shall

begin within a reasonable period of time after the court has

determined that the person is not competent to stand trial.

The person shall remain in the custody of the county jail until

such time as the Department has a bed available at the forensic

facility unless competency restoration services are provided by a

designee of the Department, in which case custody of the person

shall be transferred to the Department.

B. The Department of Mental Health and Substance Abuse Services

or designee shall make periodic reports to the court as to the

competency of the defendant.

C. If the person is determined by the Department of Mental

Health and Substance Abuse Services or designee to have regained

competency, or is no longer incompetent because the person is a

person requiring treatment as defined by Section 1-103 of Title 43A

of the Oklahoma Statutes, a hearing shall be scheduled within twenty

(20) days:

1. If found competent by the court or a jury after such

rehearing, criminal proceedings shall be resumed;

Oklahoma Statutes - Title 22. Criminal Procedure Page 464

2. If the person is found to continue to be incompetent because

the person is a person requiring treatment as defined in Section 1-

103 of Title 43A of the Oklahoma Statutes, the person shall be

returned to the custody of the Department of Mental Health and

Substance Abuse Services or designee;

3. If the person is found to be incompetent because the person

is an individual with intellectual disability as defined by Section

1408 of Title 10 of the Oklahoma Statutes, the court shall issue the

appropriate order as set forth in Section 1175.6b of this title;

4. If the person is found to be incompetent for reasons other

than the person is a person requiring treatment as defined by

Section 1-103 of Title 43A of the Oklahoma Statutes, and other than

the person is an individual with intellectual disability as defined

in Section 1408 of Title 10 of the Oklahoma Statutes, and is also

found to be not dangerous as defined by Section 1175.1 of this

title, the court shall issue the appropriate order as set forth in

Section 1175.6b of this title; or

5. If the person is found to be incompetent for reasons other

than the person is a person requiring treatment as defined by

Section 1-103 of Title 43A of the Oklahoma Statutes, and other than

the person is an individual with intellectual disability as defined

in Section 1408 of Title 10 of the Oklahoma Statutes, but is also

found to be dangerous as defined by Section 1175.1 of this title,

the court shall issue the appropriate order as set forth in Section

1175.6c of this title.

D. If the person is found to be incompetent because the person

is a person requiring treatment as defined by Section 1-103 of Title

43A of the Oklahoma Statutes, but not capable of achieving

competence with treatment within a reasonable period of time as

defined by Section 1175.1 of this title, the court shall commence

civil commitment proceedings pursuant to Title 43A of the Oklahoma

Statutes and shall dismiss without prejudice the criminal

proceeding. If the person is subsequently committed to the

Department of Mental Health and Substance Abuse Services pursuant to

Title 43A of the Oklahoma Statutes, the statute of limitations for

the criminal charges which were dismissed by the court shall be

tolled until the person is discharged from the Department of Mental

Health and Substance Abuse Services pursuant to Section 7-101 of

Title 43A of the Oklahoma Statutes.

E. For a person undergoing competency restoration services,

within thirty (30) days after the expiration of the reasonable

period of time as defined by Section 1175.1 of this title, the court

shall hold a hearing to determine whether the person has been

restored to competency.

1. No less than fifteen (15) days prior to the hearing the

Department of Mental Health and Substance Abuse Services shall

submit a report to the court, the person’s attorney, and the

Oklahoma Statutes - Title 22. Criminal Procedure Page 465

prosecuting agency detailing the person’s status and progress in

being restored to competency including the person’s historical and

current compliance with medication and treatment and a plan for

competency restoration if additional competency restoration services

are ordered by the court.

2. If the court determines that the person has been restored to

competency, the criminal proceedings shall resume.

3. If the court determines that the person has not been

restored to competency, the court shall determine whether additional

competency restoration services are likely to be beneficial in

restoring the person to competency. If the court finds by a

preponderance of the evidence that additional competency restoration

services are:

a. likely to be beneficial in restoring the person to

competency, the court shall order the person to remain

in or be transferred to the custody of the Department

which shall continue to provide treatment, therapy, or

training calculated to restore the person to

competency for a period of time not to exceed the

lesser of an additional two (2) years or the maximum

sentence specified for the most serious offense with

which the defendant is charged, or

b. not likely to be beneficial in restoring the person to

competency, the court shall commence civil commitment

proceedings pursuant to Title 43A of the Oklahoma

Statutes and shall dismiss without prejudice the

criminal proceeding. If the person is subsequently

committed to the Department pursuant to Title 43A of

the Oklahoma Statutes, the statute of limitations for

the criminal charges which were dismissed by the court

shall be tolled until the person is discharged from

the Department pursuant to Section 7-101 of Title 43A

of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-1081 — OK Code / Title 22 / Section 22-1081
Commencement of proceeding
Status: in_force

A proceeding is commenced by filing a verified "application for

post-conviction relief" with the clerk of the court imposing

judgment if an appeal is not pending. When such a proceeding arises

from the revocation of parole or conditional release, the proceeding

shall be commenced by filing a verified "application for post-

conviction relief" with the clerk of the district court in the

county in which the parole or conditional release was revoked. Facts

within the personal knowledge of the applicant and the authenticity

of all documents and exhibits included in or attached to the

application must be sworn to affirmatively as true and correct. The

Court of Criminal Appeals may prescribe the form of the application

and verification. The clerk shall docket the application upon its

receipt and promptly bring it to the attention of the court and

deliver a copy to the district attorney.
Okla. Stat. tit. 22, § 22-968 — OK Code / Title 22 / Section 22-968
Service of bench warrant, mode of
Status: in_force

The bench warrant may be served in any county, in the same

manner as a warrant of arrest, except that when served in another

county, it need not be endorsed by a magistrate of that county.
Okla. Stat. tit. 22, § 22-59 — OK Code / Title 22 / Section 22-59
Immunity from liability – Presumption of good faith
Status: in_force

A. Any physician, surgeon, resident, intern, physician’s

assistant, registered nurse, or any other health care professional

examining, attending, or treating the victim of what appears to be

domestic abuse or is reported by the victim to be domestic abuse,

participating in good faith and exercising due care in the making of

a report pursuant to the provisions of the Domestic Abuse Reporting

Act shall have immunity from any liability, civil or criminal, that

might otherwise be incurred or imposed. Any participant shall have

the same immunity with respect to participation in any judicial

proceeding resulting from the report.

B. No physician, surgeon, resident, intern, physician’s

assistant, registered nurse, or any other health care professional

examining, attending, or treating any victim who is over the age of

eighteen (18) years and is not an incapacitated adult of what

appears to be domestic abuse or is reported by the victim to be

domestic abuse, shall not be required to make a report of the

criminally injurious conduct unless requested by the victim to do so

and shall have immunity from liability, civil or criminal, that

might otherwise be incurred or imposed for not making the report.

Any participant shall have the same immunity with respect to

participation in any judicial proceeding resulting from the report.

C. For purposes of any proceeding, civil or criminal, the good

faith of any physician, surgeon, intern, physician’s assistant,

registered nurse, or any other health care professional in making a

report pursuant to the provisions of Section 3 of this act shall be

presumed.
Okla. Stat. tit. 22, § 22-102 — OK Code / Title 22 / Section 22-102
Proceedings if assembly does not disperse - Commanding aid
Status: in_force

of others.

If the persons assembled do not immediately disperse, the

magistrates and officers must arrest them or cause them to be

arrested, that they may be punished according to law, and for that

purpose may command the aid of all persons present or within the

county.
Okla. Stat. tit. 22, § 22-46 — OK Code / Title 22 / Section 22-46
When bond is or is not given
Status: in_force

If the undertaking required by the last section be given the

party complained of must be discharged. If he do not give it the

magistrate must commit him to prison, specifying in the warrant the

requirement to give security, the amount thereof, and the omission

to give the same.
Okla. Stat. tit. 22, § 22-1151 — OK Code / Title 22 / Section 22-1151
Habeas corpus for person to testify or be surrendered on
Status: in_force

bail.

The Supreme Court, and Criminal Court of Appeals and district

and superior courts within this state, or the judges thereof in

vacation, shall have power to issue writs of habeas corpus, for the

purpose of bringing the body of any person confined in any prison

before them, to testify or be surrendered in discharge of bail. When

a writ of habeas corpus shall be issued for the purpose of bringing

into court any person to testify, or the principal, to be

surrendered in discharge of bail, and such principal or witness,

shall be confined in any prison in this state, out of the county in

which such principal or witness is required to be surrendered, or to

any county in this state, and there be executed and returned by any

officer to whom it shall be directed, and the principal, after being

surrendered, or his bail discharged, or a person testifying as

aforesaid, shall by the officer executing such writ, be returned by

virtue of an order of the court, for the purpose aforesaid, an

attested copy of which, lodged with the custodian, shall exonerate

such prison keeper from being liable for an escape. The party

praying out such writ of habeas corpus shall pay to the officer

Oklahoma Statutes - Title 22. Criminal Procedure Page 446

executing the same, such reasonable sum for his services as shall be

adjudged by the courts respectively.
Okla. Stat. tit. 22, § 22-1355 — OK Code / Title 22 / Section 22-1355
Short title - Creation of System
Status: in_force

A. Sections 1355 through 1369 of this title shall be known and

may be cited as the "Indigent Defense Act".

B. The Oklahoma Indigent Defense System is hereby created, to

provide counsel in cases, as provided in the Indigent Defense Act,

in which the defendant is indigent and unable to employ counsel.

C. Unless otherwise provided, the provisions of the Indigent

Defense Act shall not be applicable in counties subject to the

provisions of Section 138.1a of Title 19 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-176 — OK Code / Title 22 / Section 22-176
Taking defendant before magistrate in felony cases - Use
Status: in_force

of closed circuit television.

If the offense charged in the warrant be a felony, the officer

making the arrest must take the defendant before the magistrate who

issued the warrants or some other magistrate in the county or the

image of the defendant may be broadcast by closed circuit television

to the magistrate. A closed circuit television system may not be

used under this section and Section 177 of this title unless the

system provides for a two-way communication of image and sound

between the arrested person and the magistrate.
Okla. Stat. tit. 22, § 22-733 — OK Code / Title 22 / Section 22-733
Act inapplicable to certain persons
Status: in_force

This act does not apply to a person in this state who is

confined due to mental illness or who is under sentence of death.
Okla. Stat. tit. 22, § 22-322 — OK Code / Title 22 / Section 22-322
Special grand jury
Status: in_force

A grand jury formed and impaneled as to and in a particular case

after a challenge or challenges to individual grand jurors have been

allowed, shall be sworn to act only in such particular case and as

to all other cases at the same term of the court the grand jury

shall be formed in the usual manner provided by law.
Okla. Stat. tit. 22, § 22-36 — OK Code / Title 22 / Section 22-36
Civil and criminal immunity for private citizens aiding
Status: in_force

police officers - Federal law enforcement officers.

Private citizens aiding a peace officer, or other officers of

the law in the performance of their duties as peace officers or

officers of the law, shall have the same civil and criminal immunity

as a peace officer, as a result of any act or commission for aiding

or attempting to aid a peace officer or other officer of the law,

when such officer is in imminent danger of loss of life or grave

bodily injury or when such officer requests such assistance and when

such action was taken under emergency conditions and in good faith.

Every federal law enforcement officer, as defined in Section 99

of Title 21 of the Oklahoma Statutes, while engaged in the

performance of official duties as a federal law enforcement officer

or when serving as a peace officer for the State of Oklahoma shall

have the same immunity from civil and criminal actions as any other

peace officer performing official duties within this state. The

State of Oklahoma or any of its political subdivisions shall not

assume the liability for or provide the legal representation for any

Oklahoma Statutes - Title 22. Criminal Procedure Page 49

federal law enforcement officer serving as peace officers of the

State of Oklahoma.
Okla. Stat. tit. 22, § 22-1362 — OK Code / Title 22 / Section 22-1362
Transmission of records
Status: in_force

The district court clerks for each county shall transmit one

certified copy of the original record for each appeal authorized by

the Indigent Defense Act directly to the Oklahoma Indigent Defense

System as soon as possible after the filing of the notice of intent

to appeal and the order appointing the System, unless additional

copies are requested, not to exceed three copies. One certified

copy of all transcripts, records and exhibits designated shall be

transmitted for each authorized appeal by the district court clerk

to the Oklahoma Indigent Defense System within the time limits as

established by the Rules of the Court of Criminal Appeals and

applicable statutes, unless additional copies are requested, not to

exceed three copies. The System attorney is hereby authorized to

supplement the designation of record as filed by the trial counsel

by filing a written supplemental designation of record. When a

written supplemental designation of record is filed by the System

attorney, it shall be the duty of the court clerk or the court

reporter, as appropriate, to include the supplementary materials as

part of the record on appeal.
Okla. Stat. tit. 22, § 22-41 — OK Code / Title 22 / Section 22-41
Information of threat
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 58

An information, verified by the oath of the complainant, may be

laid before any magistrate, that a person has threatened to commit

an offense against the person or property of another.
Okla. Stat. tit. 22, § 22-969 — OK Code / Title 22 / Section 22-969
Defendant to be arrested
Status: in_force

Whether the bench warrant is served in the county in which it

was issued or in another county, the officer must arrest the

defendant and bring him before the court, or commit him to the

officer mentioned in the warrant, according to the command thereof.
Okla. Stat. tit. 22, § 22-227 — OK Code / Title 22 / Section 22-227
Partial invalidity
Status: in_force

If any part of this act is for any reason declared void, it is

declared to be the intent of this act that such invalidity shall not

affect the validity of the remaining portions of this act.
Okla. Stat. tit. 22, § 22-1517 — OK Code / Title 22 / Section 22-1517
Oklahoma State Bureau of Investigation - Duties
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 559

A. The Oklahoma State Bureau of Investigation shall be the

entity recognized by the Bureau of Justice Statistics as the

Statistical Analysis Center.

B. In addition to other duties specified by law, the duties of

the Oklahoma State Bureau of Investigation shall be to:

1. Provide a clearinghouse for criminal justice information;

2. Provide a central contact point for federal, state, and

local criminal justice agencies;

3. Provide technical assistance for all criminal justice

agencies of this state;

4. Provide consultation for criminal justice agencies of this

state in preparing reports, gaining funding, or preparing

information;

5. Obtain information from criminal justice agencies in this

state for analyses of criminal justice issues;

6. Collect and analyze criminal justice data;

7. Produce reports for state and local criminal justice

agencies;

8. Facilitate information networking between criminal justice

agencies;

9. Attend meetings concerning criminal justice issues;

10. Represent this state at national meetings including, but

not limited to, meetings or conferences of criminal justice

statistics associations of other states;

11. Assist in developing resources for the criminal justice

system;

12. Address pertinent issues related to prevention and

intervention programs;

13. Provide assistance to the Oklahoma Crime Stoppers

Association;

14. Create and publish by December 1 each year a uniform

reporting standard for citing state criminal statutes to be used in

reporting information to and from all criminal justice information

systems within this state. The uniform reporting standard shall be

developed in consultation with the Administrative Office of the

Courts, the Department of Corrections, the District Attorneys

Council, the Department of Public Safety through the Oklahoma Law

Enforcement Telecommunications System Division, and the Office of

Juvenile Affairs. The uniform reporting standard shall be used by

all criminal justice information systems and shall be the standard

for reporting arrests, criminal and juvenile delinquency charges,

charge and case dispositions, custody records, and any other record

purporting to identify a criminal history record or information

relating to arrests, charges, custody, adjudication, conviction, and

disposition of criminal or juvenile matters; and

15. Monitor all changes to state crime statutes within ninety

(90) days of the Legislature’s adjournment sine die for purposes of

Oklahoma Statutes - Title 22. Criminal Procedure Page 560

including any changes in law or new offenses within the uniform

reporting standard.
Okla. Stat. tit. 22, § 22-720 — OK Code / Title 22 / Section 22-720
Detainment of person as material witness
Status: in_force

A. If a law enforcement officer has probable cause to believe

that a person is a necessary and material witness to a felony and

that there is probable cause to believe that the person would be

unwilling to accept service of a subpoena or may otherwise refuse to

appear in any criminal proceeding, the officer may detain the person

as a material witness with or without an arrest warrant; provided,

no person may be detained as a material witness to a crime for more

than forty-eight (48) hours without being taken before a judge as

required by Section 719 of Title 22 of the Oklahoma Statutes; and

provided further, no person may be detained as a material witness to

a crime who is a victim of such crime.

Oklahoma Statutes - Title 22. Criminal Procedure Page 224

B. At the time of the detainment, the law enforcement officer

shall inform the person:

1. Of the identity of the officer as a law enforcement officer;

and

2. That the person is being detained because the officer has

probable cause to believe the person:

a. is a material witness to an identified felony, and

b. would be unwilling to accept service of a subpoena or

may otherwise refuse to appear in any criminal

proceeding.

C. If a material witness is taken into custody pursuant to this

section, the provisions of Section 719 of Title 22 of the Oklahoma

Statutes shall apply.
Okla. Stat. tit. 22, § 22-1355.1 — OK Code / Title 22 / Section 22-1355.1
Oklahoma Indigent Defense System Board
Status: in_force

There is hereby created the Oklahoma Indigent Defense System

Board. The Board shall govern the Oklahoma Indigent Defense System.

The Board shall be composed of five (5) members appointed for five-

year terms by the Governor with the advice and consent of the

Senate. At least three members shall be attorneys licensed to

practice law in the State of Oklahoma who have experience through

the practice of law in the defense of persons accused of crimes.

The Governor shall designate one Board member to serve as chair. No

congressional district shall be represented by more than one member

on the Board. However, when congressional districts are redrawn

each member appointed prior to July 1 of the year in which such

modification becomes effective shall complete the current term of

office and appointments made after July 1 of the year in which such

modification becomes effective shall be based on the redrawn

districts. Appointments made after July 1 of the year in which such

modification becomes effective shall be from any redrawn districts

which are not represented by a board member until such time as each

of the modified congressional districts are represented by a board

member. No appointments may be made after July 1 of the year in

which such modification becomes effective if such appointment would

result in more than two members serving from the same modified

Oklahoma Statutes - Title 22. Criminal Procedure Page 510

district. No county shall be represented by more than one member.

The Board shall meet at least every other month upon the call of the

chair. Board members shall serve without compensation, but shall be

reimbursed for their necessary travel expenses as provided by the

State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of

the Oklahoma Statutes. The terms of office for the initial

appointees to the Board shall be as follows:

1. The term for Position One shall expire on July 1, 1989;

2. The term for Position Two shall expire on July 1, 1990;

3. The term for Position Three shall expire on July 1, 1991;

4. The term for Position Four shall expire on July 1, 1992; and

5. The term for Position Five shall expire on July 1, 1993.

A Board member shall be eligible for reappointment and shall

continue in office until his successor has been appointed, qualified

and confirmed by the Senate.
Okla. Stat. tit. 22, § 22-787 — OK Code / Title 22 / Section 22-787
Manner of return
Status: in_force

Unless the parties otherwise consent by an endorsement upon the

commission, the court or judge must endorse thereon the direction

and manner in which it must be returned, and may in his discretion

direct that it be returned by mail or otherwise, addressed to the

clerk of the court in which the action is pending, designating his

name, and the place where his office is kept.
Okla. Stat. tit. 22, § 22-275 — OK Code / Title 22 / Section 22-275
Arrested witness may be confined
Status: in_force

In case the person so arrested shall neglect or refuse to give

said undertaking in the manner required by said magistrate or judge,

he may issue a warrant of commitment against such person, which

shall be delivered to said sheriff or other officer, whose duty it

shall be to convey such person to the jail mentioned in said

warrant, and the said person shall remain in confinement until he

shall be removed to the grand jury and to the court, for the purpose

of giving his testimony, or until he shall have given the

undertaking required by said magistrate or judge.
Okla. Stat. tit. 22, § 22-21 — OK Code / Title 22 / Section 22-21
Eyewitness identification procedures
Status: in_force

As used in this section:

1. "Blind administration" means the lack of knowledge of the

administrator of an eyewitness identification procedure as to the

identity of the suspect;

2. "Blinded administration" means the administrator of an

eyewitness identification procedure may know the identity of the

suspect but not the position in which the suspect is placed in the

photo array when it is viewed by the eyewitness;

3. "Eyewitness" means a person who observed another person at

or near the scene of an offense;

4. "Filler" means either a person or a photograph of a person

included in an identification procedure who is not suspected of the

offense in question;

5. "Folder shuffle method" means a blinded procedure in which:

a. the suspect photo and filler photos are each placed in

separate folders for a total of six photographs and

then shuffled,

Oklahoma Statutes - Title 22. Criminal Procedure Page 43

b. four blank folders are placed behind the six folders

that contain photographs, and

c. each folder is then presented to an eyewitness such

that the administrator cannot see which photos are

being presented to the eyewitness until after the

procedure is completed;

6. "Live lineup" means an eyewitness identification procedure

in which a group of persons, including the suspected perpetrator of

an offense and other persons who are not suspected of the offense,

is displayed to an eyewitness for the purpose of determining whether

the eyewitness identifies the suspect as the perpetrator;

7. "Photo array" means an identification procedure in which an

array of photographs, including a photograph of the suspected

perpetrator of an offense and additional photographs of other

persons who are not suspected of the offense, is displayed to an

eyewitness either in hard copy form or via electronic means for the

purpose of determining whether the eyewitness identifies the suspect

as the perpetrator; and

8. "Show-up" means an identification procedure in which an

eyewitness is presented with a single suspect in person for the

purpose of determining whether the eyewitness identifies the

individual as the perpetrator.

B. All law enforcement agencies in this state that conduct

eyewitness identification procedures shall adopt a detailed, written

policy that shall include, but not be limited to, the following

requirements:

1. All photo arrays and live lineups shall be conducted using a

blind administrator or a technique of blinded administration, such

as the folder shuffle method;

2. The eyewitness shall be informed before the identification

procedure that the person who committed the offense may or may not

be present in the procedure;

3. Fillers shall be selected who match the description of the

perpetrator provided by the eyewitness and do not make the suspect

noticeably stand out;

4. After the eyewitness makes an identification, the eyewitness

shall be asked to state in his or her own words the level of

certainty in the selection, and the statement shall be documented;

5. A protocol guiding the use of show-ups procedures, including

that show-ups should only be used when a suspect is detained within

a reasonably short time frame following the offense; and

6. A protocol for documenting eyewitness identification

procedures.