Okla. Stat. tit. 22, § 22-769 — OK Code / Title 22 / Section 22-769
Taking and authentication of testimony
Status: in_force

The testimony given by the witness must be reduced to writing.

The magistrate before whom the examination is had may, in his

discretion, order the testimony and proceedings to be taken down in

shorthand, and for that purpose he may appoint a shorthand reporter.

The deposition or testimony of the witness must be authenticated in

the following form:

1. It must state the name of the witness, his place of

residence and his business or profession.

2. It must contain the questions put to the witness and his

answers thereto, each answer being distinctly read to him as it is

taken down, and being corrected or added to until it conforms to

what he declares is the truth; except in cases where the testimony

is taken down in shorthand, the answer or answers of the witness

need not be read to him.

Oklahoma Statutes - Title 22. Criminal Procedure Page 238

3. If the witness declines answering a question, that fact with

the ground on which the answer was declined must be stated.

4. The deposition must be signed by the witness, or if he

refuse to sign it, his reason for refusing must be stated in writing

as he gives it; except in cases where the deposition is taken down

in shorthand, it must not be signed by the witness.

5. It must be signed and certified by the magistrate when

reduced to writing by him or under his direction; and when taken

down in shorthand, the manuscript of the reporter, appointed as

aforesaid, when written out in longhand writing, and certified as

being a correct statement of such testimony and proceedings in the

case, shall be prima facie a correct statement of such testimony and

proceedings. The reporter shall within five (5) days after the

close of such examination transcribe into longhand writing his said

shorthand notes, and certify and deliver the same to the magistrate,

who shall also certify the same and transmit such testimony and

proceedings, carefully sealed up, to the clerk of the court in which

the action is pending or may come for trial.
Okla. Stat. tit. 22, § 22-991a-16 — OK Code / Title 22 / Section 22-991a-16
Offenses to which program applies
Status: in_force

The provisions of the Elderly and Incapacitated Victim's

Protection Act shall apply to any person convicted of one or more of

the following offenses where the victim is an elderly or

incapacitated person as defined in Section 991a-15 of this title:

1. Assault, battery, or assault and battery with a dangerous

weapon;

2. Aggravated assault and battery;

3. Burglary in the second degree;

4. Use of a firearm or offensive weapon to commit or attempt to

commit a felony, or pointing a firearm;

5. Grand larceny;

6. Extortion, or obtaining a signature by extortion;

7. Fraud, or obtaining or attempting to obtain property by

trick or deception;

8. Embezzlement; or

9. Caretaker abuse, neglect or exploitation.

Oklahoma Statutes - Title 22. Criminal Procedure Page 324
Okla. Stat. tit. 22, § 22-1141.4 — OK Code / Title 22 / Section 22-1141.4
Investigation and report
Status: in_force

When a demand shall be made upon the Governor of this state by

the executive authority of another state for the surrender of a

person so charged with crime, the Governor may call upon the

Attorney General or any prosecuting officer in this state to

investigate or assist in investigating the demand, and to report to

him the situation and circumstances of the person so demanded, and

whether he ought to be surrendered.
Okla. Stat. tit. 22, § 22-1418 — OK Code / Title 22 / Section 22-1418
Audit of monies received by state or local government
Status: in_force

under act.

Any monies received by any office of state or local government

under this act shall be subject to an annual audit by the State

Auditor and Inspector.
Okla. Stat. tit. 22, § 22-1175.1 — OK Code / Title 22 / Section 22-1175.1
Definitions
Status: in_force

As used in Sections 1175.1 through 1176 of this title:

1. “Competent” or “competency” means the present ability of a

person arrested for or charged with a crime to understand the nature

of the charges and proceedings brought against him or her and to

effectively and rationally assist in his or her defense;

2. “Criminal proceeding” means every stage of a criminal

prosecution after arrest and before judgment, including, but not

limited to, interrogation, lineup, preliminary hearing, motion

dockets, discovery, pretrial hearings and trial;

3. “Dangerous” means a person who is a person requiring

treatment as defined in Section 1-103 of Title 43A of the Oklahoma

Statutes;

4. “Incompetent” or “incompetency” means the present inability

of a person arrested for or charged with a crime to understand the

nature of the charges and proceedings brought against him or her and

to effectively and rationally assist in his or her defense;

5. “Public guardian” means the Office of Public Guardian as

established under the Oklahoma Public Guardianship Act in Section 6-

101 et seq. of Title 30 of the Oklahoma Statutes;

6. “Qualified forensic examiner” means any:

a. psychiatrist with forensic training and experience,

b. psychologist with forensic training and experience, or

c. a licensed mental health professional whose forensic

training and experience enable him or her to form

expert opinions regarding mental illness, competency

and dangerousness and who has been approved to render

such opinions by the court; provided, however, a

licensed mental health professional shall not be

qualified to issue expert opinions as to competency or

dangerousness in cases in which a person is alleged to

be incompetent due to intellectual disability; and

7. “Reasonable period of time” means a period not to exceed the

lesser of:

a. the maximum sentence specified for the most serious

offense with which the defendant is charged, or

b. a maximum period of two (2) years.

Any time period where the defendant refuses medication

prescribed or ordered that is designed to restore the defendant to

Oklahoma Statutes - Title 22. Criminal Procedure Page 457

competency shall not be used in the calculation of a reasonable

period of time.
Okla. Stat. tit. 22, § 22-264 — OK Code / Title 22 / Section 22-264
Defendant held to answer
Status: in_force

If, however, it appear from the examination that any public

offense has been committed, and that there is sufficient cause to

believe the defendant guilty thereof, the magistrate must in like

Oklahoma Statutes - Title 22. Criminal Procedure Page 146

manner endorse on the complaint an order signed by him to the

following effect:

It appearing to me that the offense named in the within

complaint mentioned (or any other offense, according to the fact,

stating generally the nature thereof), has been committed, and that

there is sufficient cause to believe the within named A. B. guilty

thereof, I order that he be held to answer the same.
Okla. Stat. tit. 22, § 22-258 — OK Code / Title 22 / Section 22-258
Preliminary examinations and proceedings thereon
Status: in_force

First: The witnesses must be examined in the presence of the

defendant, and may be cross-examined by the defendant. On the

request of the district attorney, or the defendant, all the

testimony must be reduced to writing in the form of questions and

answers and signed by the witnesses, or the same may be taken in

shorthand and transcribed without signing, and in both cases filed

with the clerk of the district court, by the examining magistrate,

and may be used as provided in Section 333 of this title. In no

case shall the county be liable for the expense in reducing such

testimony to writing, unless ordered by the judge of a court of

record.

Second: The district attorney may, on approval of the county

judge or the district judge, issue subpoenas in felony cases and

call witnesses before the district attorney and have them sworn and

their testimony reduced to writing and signed by the witnesses at

the cost of the county. Such examination must be confined to some

felony committed against the statutes of the state and triable in

that county, and the evidence so taken shall not be receivable in

any civil proceeding. A refusal to obey such subpoena or to be

sworn or to testify may be punished as a contempt on complaint and

showing to the county court, or district court, or the judges

thereof that proper cause exists therefor.

Third: No preliminary information shall be filed without the

consent or endorsement of the district attorney, unless the

defendant be taken in the commission of a felony, or the offense be

of such character that the accused is liable to escape before the

district attorney can be consulted. If the defendant is discharged

and the information is filed without authority from or endorsement

of the district attorney, the costs must be taxed to the prosecuting

witness, and the county shall not be liable therefor.

Fourth: The convening and session of a grand jury does not

dispense with the right of the district attorney to file complaints

and informations, conduct preliminary hearings and other routine

matters, unless otherwise specifically ordered, by a written order

of the court convening the grand jury; made on the court's own

motion, or at the request of the grand jury.

Fifth: There shall be no preliminary examinations in

misdemeanor cases.

Sixth: A preliminary magistrate shall have the authority to

limit the evidence presented at the preliminary hearing to that

which is relevant to the issues of: (1) whether the crime was

committed, and (2) whether there is probable cause to believe the

defendant committed the crime. Once a showing of probable cause is

made the magistrate shall terminate the preliminary hearing and

Oklahoma Statutes - Title 22. Criminal Procedure Page 144

enter a bindover order; provided, however, that the preliminary

hearing shall be terminated only if the state made available for

inspection law enforcement reports within the prosecuting attorney's

knowledge or possession at the time to the defendant five (5)

working days prior to the date of the preliminary hearing. The

district attorney shall determine whether or not to make law

enforcement reports available prior to the preliminary hearing. If

reports are made available, the district attorney shall be required

to provide those law enforcement reports that the district attorney

knows to exist at the time of providing the reports, but this does

not include any physical evidence which may exist in the case. This

provision does not require the district attorney to provide copies

for the defendant, but only to make them available for inspection by

defense counsel. In the alternative, upon agreement of the state

and the defendant, the court may terminate the preliminary hearing

once a showing of probable cause is made.

Seventh: A preliminary magistrate shall accept into evidence as

proof of prior convictions a noncertified copy of a Judgment and

Sentence when the copy appears to the preliminary magistrate to be

patently accurate. The district attorney shall make a noncertified

copy of the Judgment and Sentence available to the defendant no

fewer than five (5) days prior to the hearing. If such copy is not

made available five (5) days prior to the hearing, the court shall

continue the portion of the hearing to which the copy is relevant

for such time as the defendant requests, not to exceed five (5) days

subsequent to the receipt of the copy.

Eighth: The purpose of the preliminary hearing is to establish

probable cause that a crime was committed and probable cause that

the defendant committed the crime.

Ninth: The preliminary hearing must be set within nine (9)

months from the initial appearance of the defendant. If

commencement of the preliminary hearing is delayed past the nine-

month time limit, a show cause hearing shall be scheduled by the

court to show reason for the delay. If the court fails to find good

cause for the delay, the court shall schedule a preliminary hearing

as soon as practicable.
Okla. Stat. tit. 22, § 22-471.4 — OK Code / Title 22 / Section 22-471.4
Eligibility criteria - Investigation
Status: in_force

A. Each drug court team shall develop agreed-upon, objective

eligibility criteria to determine presumptive drug court eligibility

for offenders. The objective criteria shall be in writing and

Oklahoma Statutes - Title 22. Criminal Procedure Page 189

communicated to potential referral sources including but not limited

to judges, law enforcement, defense attorneys, prosecutors,

treatment professionals, and community supervision officers. The

criteria shall target high-risk and high-need offenders who are

addicted to illicit drugs or alcohol and who are at a substantial

risk for reoffending or failing to complete a less intensive case

disposition such as standard probation or pretrial supervision.

B. When the drug court judge, district attorney, defense

attorney, drug court coordinator, treatment provider, or any other

drug court team member determines that further investigation of the

offender under consideration is appropriate, the supervising staff

for the drug court program shall make an investigation to determine

whether the offender is a person who:

1. Is presumptively eligible for the drug court program;

2. Would benefit from the drug court program; and

3. Is appropriate for the drug court program and there is not a

more appropriate less restrictive treatment alternative based upon

the risk and need levels of the offender.

C. The drug court investigation shall be conducted through a

standardized screening test and personal interview. A more

comprehensive assessment may take place at the time the offender

enters the treatment portion of the program and may take place at

any time after placement in the drug court program. The

investigation shall determine the original treatment plan which the

offender will be required to follow, if admitted to the program.

Any subsequent assessments or evaluations by the treatment provider,

if the offender is admitted to the program, may be used to determine

modifications needed to the original treatment plan. The

investigation shall include, but not be limited to, the following

information:

1. The person's age and physical condition;

2. Employment and military service records;

3. Educational background and literacy level;

4. Community and family relations;

5. Prior and current drug and alcohol use;

6. Mental health and medical treatment history including

substance abuse treatment history;

7. Demonstrable motivation; and

8. Other mitigating or aggravating factors.

D. The drug court investigation may be conducted before or

after the initial hearing for consideration but shall occur before

the hearing for final determination of eligibility for the drug

court program. When an offender is appropriate for admittance to

the program, the supervising staff shall make a recommendation for

the treatment program or programs that are available in the

jurisdiction and which would benefit the offender and accept the

offender. The investigation findings and recommendations for

Oklahoma Statutes - Title 22. Criminal Procedure Page 190

program placement shall be reported to the drug court judge, the

district attorney, the offender, and the defense attorney prior to

the next scheduled hearing.

E. The district attorney and the defense attorney for the

offender shall independently review the findings and recommendations

of the drug court investigation report. For an offender to remain

eligible for consideration in the program, both the district

attorney and the defense attorney shall negotiate the terms of the

written plea agreement with all punishment provisions specified

prior to the scheduled hearing date for determining final

eligibility. Upon failure of the district attorney and defense

attorney to negotiate the written plea agreement, the judge

presiding over the case may order the criminal case to be withdrawn

from the drug court program and processed in the traditional manner.

The punishment provisions of the written plea agreement shall

emphasize reparation to the victim, community, and state. If the

crime for which the offender is seeking eligibility to drug court

involves a victim, notification to the victim shall be in compliance

with subsection A of Section 34 of Article II of the Oklahoma

Constitution and the Oklahoma Victim's Rights Act, Section 142A et

seq. of Title 21 of the Oklahoma Statutes, and shall include the

right to provide victim's impact statements.

F. The hearing to determine final eligibility shall be set not

less than three (3) work days nor more than seven (7) work days from

the date of the initial hearing for consideration, unless extended

by the court.

G. The drug court coordinator shall keep a record of all

presumptively eligible offenders who are not placed in the drug

court program. The record shall indicate the reason each offender

was not placed in the program and information about the ultimate

case disposition for each offender. The record shall be made

available to all members of the drug court team.

H. For purposes of Section 471 et seq. of this title,

"supervising staff" means a Department of Corrections employee

assigned to monitor offenders in the drug court program, a state,

county, or municipal governmental representative, a certified

treatment provider participating in the program, or a CLEET-

certified person designated by the drug court program to perform

drug court investigations.
Okla. Stat. tit. 22, § 22-595 — OK Code / Title 22 / Section 22-595
Manner of drawing jury from box
Status: in_force

Before the name of any juror is drawn, the box must be closed

and shaken, so as to intermingle the ballots therein. The clerk

must then, without looking at the ballots, draw them from the box.
Okla. Stat. tit. 22, § 22-1230 — OK Code / Title 22 / Section 22-1230
When search warrant may be served
Status: repealed

Search warrants for occupied dwellings shall be served between

the hours of six o’clock a.m. and ten o’clock p.m., inclusive,

unless the judge finds the existence of at least one of the

following circumstances:

1. The evidence or person is located on the premises only

between the hours of ten o’clock p.m. and six o’clock a.m.;

2. The search to be performed is a crime scene search;

3. The affidavits are positive that the property is on the

person or in the place to be searched and the judge finds that there

is likelihood that the property named in the search warrant will be

destroyed, moved or concealed; or

4. The search to be performed is a search for evidence relating

to the illegal manufacture of methamphetamine or other controlled

dangerous substance.

If any of the above criteria are met the judge may insert a

direction that the warrant be served at any time of the day or

night. Search warrants for sites other than occupied dwellings may

be served at any time of the day or night without a special

direction.

R.L. 1910, § 6068. Amended by Laws 1971, c. 120, § 3, emerg. eff.

May 3, 1971; Laws 1990, c. 148, § 2, emerg. eff. May 1, 1990; Laws

1996, c. 15, § 1, eff. Nov. 1, 1996; Laws 2005, c. 353, § 1, eff.

Nov. 1, 2005; Laws 2024, c. 39, § 5, eff. Nov. 1, 2024.

NOTE: Laws 2005, c. 426, § 3 repealed by Laws 2006, c. 16, § 5,

emerg. eff. March 29, 2006.
Okla. Stat. tit. 22, § 22-384 — OK Code / Title 22 / Section 22-384
Names of witnesses endorsed on indictment
Status: in_force

When an indictment is found, the names of the witnesses examined

before the grand jury must be endorsed thereon before the same is

Oklahoma Statutes - Title 22. Criminal Procedure Page 171

presented to the court, but a failure to so endorse the said names

shall not be sufficient reason for setting aside the indictment if

the district attorney or prosecuting officer will within a

reasonable time, to be fixed by the court, endorse the names of the

witnesses for the prosecution on the indictment. Provided that the

names of witnesses examined before the grand jury on matters not

concerning the indictment in question shall not be endorsed on the

indictment relative to such case. The court or judge may, at any

time, direct the names of additional witnesses for the prosecution

to be endorsed on the indictment, and shall order that such names be

furnished to the defendant or his counsel.
Okla. Stat. tit. 22, § 22-333 — OK Code / Title 22 / Section 22-333
Evidence before grand jury
Status: in_force

In the investigation of a charge for the purpose of presenting

an indictment or accusation, the grand jury may receive the written

testimony of the witnesses taken in a preliminary examination of the

same charge, and also the sworn testimony prepared by the district

attorney without bringing those witnesses before them, and may hear

evidence given by witnesses produced and sworn before them, and may

also receive legal documentary evidence. Each indictment or

accusation shall be voted on separately by the grand jury.
Okla. Stat. tit. 22, § 22-734 — OK Code / Title 22 / Section 22-734
Certificate from this state to another state to compel
Status: in_force

prisoner to appear and testify - Contents - Presentation - Notice to

attorney general of other state.

A. If a person confined in a penal institution in any other

state may be a material witness in a criminal proceeding pending in

a court of record or in a grand jury investigation in this state, a

judge of the court may certify as follows:

1. There is a grand jury or a criminal proceeding pending in

this court;

2. A person who is confined in a penal institution in the other

state may be a material witness in the proceeding or investigation;

and

3. His presence will be required during a specified time.

B. The judge of the court in this state shall:

1. Present the certificate to a judge of a court of record in

the other state having jurisdiction over the prisoner confined; and

2. Give notice to the attorney general of the state in which

the prisoner is confined, that the prisoner's presence will be

required.Oklahoma Statutes - Title 22. Criminal Procedure Page 10
Okla. Stat. tit. 22, § 22-748 — OK Code / Title 22 / Section 22-748
Perjury in court, evidence as to
Status: in_force

In cases of perjury, where the perjury is charged to have been

committed in a court, it shall be sufficient to show that the oath

was administered by any officer of the court authorized so to do, or

that the defendant testified and gave his testimony as under oath,

or if the question be in doubt as to what particular officer

administered the oath, it may be shown that it was administered by

any officer authorized so to do.
Okla. Stat. tit. 22, § 22-434 — OK Code / Title 22 / Section 22-434
Compounding a crime - Separate prosecution
Status: in_force

A person may be prosecuted for having, with the knowledge of the

commission of a public offense, taken money or property of another,

or a gratutiy or reward, or an engagement or promise therefor, upon

the agreement or understanding, express or implied, to compound or

conceal the offense, or to abstain from a prosecution therefor, or

to withhold any evidence thereof, though the person guilty of the

original offense have not been indicted or tried.
Okla. Stat. tit. 22, § 22-388 — OK Code / Title 22 / Section 22-388
Indictment or information is first pleading
Status: in_force

The first pleading on the part of the state is the indictment or

information.
Okla. Stat. tit. 22, § 22-442 — OK Code / Title 22 / Section 22-442
Records to be certified to proper court - Costs
Status: in_force

It shall be the duty of the clerk of the district court, without

delay, to deliver the indictment in all cases transferred, together

with all the papers relating to each case, to the proper court or

justice of the peace, as directed in the order of transfer; and he

shall accompany each case with a certified copy of all the

proceedings taken therein in the district court, and also with a

bill of the costs that have accrued therein in the district court,

and the said costs shall be collected in the court in which said

Oklahoma Statutes - Title 22. Criminal Procedure Page 178

cause is tried, in the same manner as other costs are collected in

criminal cases.
Okla. Stat. tit. 22, § 22-134 — OK Code / Title 22 / Section 22-134
Murder or manslaughter, jurisdiction in certain cases
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 121

The jurisdiction of a prosecution for murder or manslaughter,

when the injury which caused the death was inflicted in one county,

and the party injured dies in another county, or out of the state,

is in the county where the injury was inflicted.
Okla. Stat. tit. 22, § 22-994 — OK Code / Title 22 / Section 22-994
Suspension of judgment and sentence after appeal
Status: in_force

After appeal, when any criminal conviction is affirmed, either

in whole or in part, the court in which the defendant was originally

convicted may suspend the judgment and sentence as otherwise

provided by law. Jurisdiction for such suspension shall be vested

in said trial court by a request by the defendant within ten days of

the final order of the Court of Criminal Appeals. Any order

granting or denying suspension made under the provisions of this

section is a nonappealable order.
Okla. Stat. tit. 22, § 22-1141.12 — OK Code / Title 22 / Section 22-1141.12
Confinement of prisoner in jail
Status: in_force

The officer or persons executing the Governor's warrant of

arrest, or the agent of the demanding state to whom the prisoner may

have been delivered may, when necessary, confine the prisoner in the

jail of any county or city through which he may pass; and the keeper

of such jail must receive and safely keep the prisoner until the

officer or person having charge of him is ready to proceed on his

route, such officer or person being chargeable with the expense of

keeping.

The officer or agent of a demanding state to whom a prisoner may

have been delivered following extradition proceedings in another

state, or to whom a prisoner may have been delivered after waiving

extradition in such other state, and who is passing through this

Oklahoma Statutes - Title 22. Criminal Procedure Page 438

state with such a prisoner for the purpose of immediately returning

such prisoner to the demanding state may, when necessary, confine

the prisoner in the jail of any county or city through which he may

pass; and the keeper of such jail must receive and safely keep the

prisoner until the officer or agent having charge of him is ready to

proceed on his route, such officer or agent, however, being

chargeable with the expense of keeping; provided, however, that such

officer or agent shall produce and show to the keeper of such jail

satisfactory written evidence of the fact that he is actually

transporting such prisoner to the demanding state after a

requisition by the executive authority of such demanding state. Such

prisoner shall not be entitled to demand a new requisition while in

this state.
Okla. Stat. tit. 22, § 22-1403 — OK Code / Title 22 / Section 22-1403
Participation in pattern of racketeering activity or
Status: in_force

collection of unlawful debt prohibited - Investment of funds

prohibited - Conspiracy to violate prohibition - Venue of actions.

A. No person employed by or associated with any enterprise

shall conduct or participate in, directly or indirectly, the affairs

of the enterprise through a pattern of racketeering activity or the

collection of an unlawful debt.

B. No person, through a pattern of racketeering activity or

through the collection of an unlawful debt, shall acquire or

maintain, directly or indirectly, any interest in or control of any

enterprise or real property.

C. No person who has received any proceeds derived, directly or

indirectly, from a pattern of racketeering activity, or through the

collection of any unlawful debt, in which the person participated as

a principal, shall use or invest, directly or indirectly, any part

of the proceeds or any proceeds derived from the investment or use

of any of those proceeds in the acquisition of any right, title, or

interest in real property or in the establishment or operation of

any enterprise.

A purchase of securities on the open market with intent to make

an investment, and without the intent of controlling or

participating in the control of the issuer or of assisting another

to do so, shall not be unlawful pursuant to the provisions of this

section if the securities of the issuer held by the purchaser, the

members of the immediate family of the purchaser, and accomplices of

the purchaser or immediate family of the purchaser in any pattern of

racketeering activity, or the collection of an unlawful debt after

the purchase, do not amount in the aggregate to one percent (1%) of

the outstanding securities of any one class and do not confer the

power to elect one or more directors of the issuer.

D. No person shall attempt to violate or conspire with others

to violate the provisions of subsection A, B or C of this section.

E. Venue for a civil or criminal action to enforce the

provisions of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act shall be in any county in which at least one act

of racketeering activity is alleged to have occurred in the petition

or information or indictment, it being the intent of this act, that

one district court have jurisdiction over all the conduct, persons

and property subject to this act.
Okla. Stat. tit. 22, § 22-499 — OK Code / Title 22 / Section 22-499
Motion sustained - Defendant discharged, or bail
Status: in_force

exonerated, when.

If the motion be granted the court must order that the

defendant, if in custody, be discharged therefrom, or if admitted to

bail, that his bail be exonerated, or if he have deposited money

instead of bail, that the money be refunded to him unless it direct

that the case be resubmitted to the same or another grand jury.
Okla. Stat. tit. 22, § 22-593 — OK Code / Title 22 / Section 22-593
Clerk to prepare and deposit ballots
Status: in_force

At the opening of the court the clerk must prepare separate

ballots, containing the names of the persons returned as jurors,

Oklahoma Statutes - Title 22. Criminal Procedure Page 211

which must be folded as nearly alike as possible, and so that the

same cannot be seen, and must deposit them in a sufficient box.
Okla. Stat. tit. 22, § 22-431 — OK Code / Title 22 / Section 22-431
Several defendants
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 176

Upon an indictment or information against several defendants,

any one or more may be convicted or acquitted.
Okla. Stat. tit. 22, § 22-731 — OK Code / Title 22 / Section 22-731
Transfer order - Determinations necessary - Copy of
Status: in_force

certificate attached - Directions and prescriptions -

Responsibilities of requesting jurisdiction.

A. A judge may issue a transfer order if, at the hearing, the

judge determines as follows:

1. The witness may be material and necessary to the proceeding;

2. His attendance and testimony are not adverse to the interest

of this state or to the health or legal rights of the witness;

3. The laws of the state in which he is requested to testify

will give him protection from arrest and the service of civil and

criminal process due to any act committed prior to his arrival in

the state under the order; and

4. The possibility is negligible that the witness may be

subject to arrest or to the service of civil or criminal process in

any state through which he will be required to pass.

B. If a judge issues an order under subsection A of this

section, the judge shall attach to the order a copy of the

certificate presented pursuant to Section 3 of this act. The order

shall:

1. Direct the witness to attend and testify;

2. Except as provided by subsection C of this section, direct

the person having custody of the witness to produce him in the court

where the criminal proceeding is pending or where the grand jury is

sitting at a time and place specified in the order; and

3. Prescribe such other conditions as the judge shall

determine.

C. The judge, in lieu of directing the person having custody of

the witness to produce him in the requesting jurisdiction's court,

may direct and require in the order as follows: 1. An officer of

the requesting jurisdiction to come to the Oklahoma penal

institution in which the witness is confined to accept custody of

the witness for physical transfer to the requesting jurisdiction;

2. The requesting jurisdiction provide proper safeguards for

his custody while in transit;

3. The requesting jurisdiction be liable for and pay all

expense incurred in producing and returning the witness, including

but not limited to food, lodging, clothing, and medical care; and

4. The requesting jurisdiction promptly deliver the witness

back to the same or another Oklahoma penal institution as specified

by the Department of Corrections at the conclusion of his testimony.
Okla. Stat. tit. 22, § 22-655 — OK Code / Title 22 / Section 22-655
Peremptory challenges - Number allowed
Status: in_force

In all criminal cases the prosecution and the defendant are each

entitled to the following peremptory challenges: Provided, that if

two or more defendants are tried jointly they shall join in their

challenges; provided, that when two or more defendants have

inconsistent defenses they shall be granted separate challenges for

each defendant as hereinafter set forth.

First. In prosecutions for first degree murder, nine jurors

each.

Second. In other felonies, five jurors each.

Third. In all nonfelony prosecutions, three jurors each.
Okla. Stat. tit. 22, § 22-701 — OK Code / Title 22 / Section 22-701
Defendant a competent witness - Comment on failure to
Status: in_force

testify - Presumption.

In the trial of all indictments, informations, complaints and

other proceedings against persons charged with the commission of a

crime, offense or misdemeanor before any court or committing

magistrate in this state, the person charged shall at his own

request, but not otherwise, be a competent witness, and his failure

to make such request shall not create any presumption against him

nor be mentioned on the trial; if commented upon by counsel it shall

be ground for a new trial.
Okla. Stat. tit. 22, § 22-336 — OK Code / Title 22 / Section 22-336
Indictment to be found, when
Status: in_force

The grand jury ought to find an indictment when all the evidence

before them, taken together, is such as in their judgment would, if

unexplained or uncontradicted, warrant a conviction by the trial

jury.
Okla. Stat. tit. 22, § 22-963 — OK Code / Title 22 / Section 22-963
Defendant may be absent, when
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 262

For the purpose of judgment, if the conviction is for

misdemeanor judgment may be pronounced in the defendant's absence,

unless such defendant is represented by an attorney of record, in

which event, said attorney must be present unless said attorney

waives appearance in writing or unless the said attorney has been

notified of the time and date of imposition of judgment and fails to

appear.
Okla. Stat. tit. 22, § 22-18v2 — OK Code / Title 22 / Section 22-18v2
Expungement of records - Persons authorized
Status: in_force

A. Persons authorized to file a motion for expungement, as

provided herein, must be within one of the following categories:

1. The person has been acquitted;

2. The conviction was reversed with instructions to dismiss by

an appellate court of competent jurisdiction, or an appellate court

Oklahoma Statutes - Title 22. Criminal Procedure Page 33

of competent jurisdiction reversed the conviction and the

prosecuting agency subsequently dismissed the charge;

3. The factual innocence of the person was established by the

use of deoxyribonucleic acid (DNA) evidence subsequent to

conviction, including a person who has been released from prison at

the time innocence was established;

4. The person has received a full pardon by the Governor for

the crime for which the person was sentenced;

5. The person was arrested and no charges of any type,

including charges for an offense different than that for which the

person was originally arrested, are filed and the statute of

limitations has expired or the prosecuting agency has declined to

file charges;

6. The person was under eighteen (18) years of age at the time

the offense was committed and the person has received a full pardon

for the offense;

7. The person was charged with one or more misdemeanor or

felony crimes, all charges have been dismissed, the person has never

been convicted of a felony, no misdemeanor or felony charges are

pending against the person and the statute of limitations for

refiling the charge or charges has expired or the prosecuting agency

confirms that the charge or charges will not be refiled; provided,

however, this category shall not apply to charges that have been

dismissed following the completion of a deferred judgment or delayed

sentence;

8. The person was charged with a misdemeanor, the charge was

dismissed following the successful completion of a deferred judgment

or delayed sentence, the person has never been convicted of a

felony, no misdemeanor or felony charges are pending against the

person and at least one (1) year has passed since the charge was

dismissed;

9. The person was charged with a nonviolent felony offense not

listed in Section 571 of Title 57 of the Oklahoma Statutes, the

charge was dismissed following the successful completion of a

deferred judgment or delayed sentence, the person has never been

convicted of a felony, no misdemeanor or felony charges are pending

against the person and at least five (5) years have passed since the

charge was dismissed;

10. The person was convicted of a misdemeanor offense, the

person was sentenced to a fine less than Five Hundred One Dollars

($501.00) without a term of imprisonment or a suspended sentence,

the fine has been paid or satisfied by time served in lieu of the

fine, the person has not been convicted of a felony and no felony or

misdemeanor charges are pending against the person;

11. The person was convicted of a misdemeanor offense, the

person was sentenced to a term of imprisonment, a suspended sentence

or a fine in an amount greater than Five Hundred Dollars ($500.00),

Oklahoma Statutes - Title 22. Criminal Procedure Page 34

the person has not been convicted of a felony, no felony or

misdemeanor charges are pending against the person and at least five

(5) years have passed since the end of the last misdemeanor

sentence;

12. The person was convicted of a nonviolent felony offense not

listed in Section 571 of Title 57 of the Oklahoma Statutes, the

person has not been convicted of any other felony, the person has

not been convicted of a separate misdemeanor in the last seven (7)

years, no felony or misdemeanor charges are pending against the

person and at least five (5) years have passed since the completion

of the sentence for the felony conviction;

13. The person was convicted of not more than two felony

offenses, none of which is a felony offense listed in Section 13.1

of Title 21 of the Oklahoma Statutes or any offense that would

require the person to register pursuant to the provisions of the Sex

Offenders Registration Act, no felony or misdemeanor charges are

pending against the person, and at least ten (10) years have passed

since the completion of the sentence for the felony conviction;

14. The person has been charged or arrested or is the subject

of an arrest warrant for a crime that was committed by another

person who has appropriated or used the person’s name or other

identification without the person’s consent or authorization; or

15. The person was convicted of a nonviolent felony offense not

listed in Section 571 of Title 57 of the Oklahoma Statutes which was

subsequently reclassified as a misdemeanor under Oklahoma law, the

person is not currently serving a sentence for a crime in this state

or another state, at least thirty (30) days have passed since the

completion or commutation of the sentence for the crime that was

reclassified as a misdemeanor, any restitution ordered by the court

to be paid by the person has been satisfied in full, and any

treatment program ordered by the court has been successfully

completed by the person, including any person who failed a treatment

program which resulted in an accelerated or revoked sentence that

has since been successfully completed by the person or the person

can show successful completion of a treatment program at a later

date. Persons seeking an expungement of records under the

provisions of this paragraph may utilize the expungement forms

provided in Section 18a of this title.

B. For purposes of Section 18 et seq. of this title:

1. “Expungement” means the sealing of criminal records, as well

as any public civil record, involving actions brought by and against

the State of Oklahoma arising from the same arrest, transaction or

occurrence. A fully sealed expunged record shall not be available

to the public or to law enforcement. Such records may be retained

in the state criminal history repository but shall only be

accessible to designated employees of the Oklahoma State Bureau of

Investigation for research and statistical purposes. A partially

Oklahoma Statutes - Title 22. Criminal Procedure Page 35

sealed expunged record shall not be available to the public but

shall be available to law enforcement agencies for law enforcement

purposes; and

2. “Single-source record” means a criminal history record from

this state that consists of an Oklahoma arrest record only. A

single-source record shall not contain any arrest from another

state, a federal arrest, or an entry into the National Sex Offender

Registry or a National Crime Information Center (NCIC)

wanted/warrant entry.

C. Beginning three (3) years after November 1, 2022, and

subject to the availability of funds, individuals with clean slate

eligible arrest records shall be eligible to have their arrest

records sealed automatically. For purposes of Section 18 et seq. of

this title, “clean slate eligible arrest record” shall mean an

arrest record where each charge within the record meets one of the

following criteria:

1. Records described in paragraph 1, 2, 3, 4, 5, 6, 14 or 15 of

subsection A of this section;

2. Records described in paragraph 7 of subsection A of this

section where the prosecuting agency has declined to file charges

and the record is an Oklahoma single-source record; or

3. Records described in paragraph 8, 10, or 11 of subsection A

of this section where the record is an Oklahoma single-source

record.

D. For purposes of seeking an expungement under the provisions

of paragraph 10, 11, 12 or 13 of subsection A of this section,

offenses arising out of the same transaction or occurrence shall be

treated as one conviction and offense.

E. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11, 12,

13, 14 and 15 of subsection A of this section shall be partially

sealed so that such records are not available to the public but

remain available to law enforcement agencies for law enforcement

purposes. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12

and 13 of subsection A of this section shall be admissible in any

subsequent criminal prosecution to prove the existence of a prior

conviction or prior deferred judgment without the necessity of a

court order requesting the unsealing of the records. Records

expunged pursuant to paragraph 4, 6, 12 or 13 of subsection A of

this section may also include the sealing of Pardon and Parole Board

records related to an application for a pardon. Such records shall

be sealed to the public but not to the Pardon and Parole Board.
Okla. Stat. tit. 22, § 22-2001 — OK Code / Title 22 / Section 22-2001
Short title - Scope
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 566

Sections 1 and 2 of this act shall be known and may be cited as

the "Oklahoma Criminal Discovery Code". The Oklahoma Criminal

Discovery Code shall govern the procedure for discovery in all

criminal cases in all courts in this state.
Okla. Stat. tit. 22, § 22-996.2 — OK Code / Title 22 / Section 22-996.2
Implementation and scope of program
Status: in_force

The Department of Corrections shall establish and carry out the

provisions of the Delayed Sentencing Program for Young Adults. The

Program shall be not less than one hundred eighty (180) days nor

more than one (1) year and shall provide a structured environment of

intense confinement, supervision, treatment, discipline, and

vocational or educational components designed specifically for the

offender.
Okla. Stat. tit. 22, § 22-37.1 — OK Code / Title 22 / Section 22-37.1
Off-duty law enforcement officers - Powers and duties-
Status: in_force

Liability.

An "off-duty" law enforcement officer in official uniform in

attendance at a public function, event or assemblage of people shall

have the same powers and obligations as when he is "on-duty".

Nothing herein shall impose liability upon the governmental

entity, by whom the law enforcement officer is employed, for actions

of the said officer in the course of his employment by a

nongovernmental entity.
Okla. Stat. tit. 22, § 22-34.3 — OK Code / Title 22 / Section 22-34.3
Racial profiling prohibited
Status: in_force

A. For the purposes of this section, "racial profiling" means

the detention, interdiction or other disparate treatment of an

individual solely on the basis of the racial or ethnic status of

such individual.

B. No officer of any municipal, county or state law enforcement

agency shall engage in racial profiling.

C. The race or ethnicity of an individual shall not be the sole

factor in determining the existence of probable cause to take into

custody or to arrest an individual or in constituting a reasonable

and articulable suspicion that an offense has been or is being

committed so as to justify the detention of an individual or the

investigatory stop of a motor vehicle.

D. A violation of this section shall be a misdemeanor.

E. Every municipal, county, and state law enforcement agency

shall adopt a detailed written policy that clearly defines the

elements constituting racial profiling. Each agency’s policy shall

prohibit racial profiling based solely on an individual’s race or

ethnicity. The policy shall be available for public inspection

during normal business hours.

F. If the investigation of a complaint of racial profiling

reveals the officer was in direct violation of the law enforcement

agency’s written policy regarding racial profiling, the employing

law enforcement agency shall take appropriate action consistent with

applicable laws, rules, ordinances or policy.
Okla. Stat. tit. 22, § 22-125.1 — OK Code / Title 22 / Section 22-125.1
Venue for enforcement of Section 425 of Title 21
Status: in_force

Venue for criminal actions to enforce the provisions of Section

2 of this act, including criminal actions with respect to each of

Oklahoma Statutes - Title 22. Criminal Procedure Page 119

the alleged offenses included within a pattern of criminal offenses,

as defined in Section 2 of this act, that have allegedly been

committed, attempted or conspired to be committed by a person or

persons, shall be in any county in which at least one alleged

criminal offense has occurred that constitutes part of the alleged

pattern of criminal offenses, it being the intent of this section

that one district court may have jurisdiction over all the conduct,

persons and property which are part of, or are directly related to,

each and all of the alleged criminal offenses forming part of the

alleged pattern of criminal offenses. It is discretionary, not

mandatory, to bring all criminal actions in one county when an

alleged pattern of criminal offenses involves two or more counties.
Okla. Stat. tit. 22, § 22-36.1 — OK Code / Title 22 / Section 22-36.1
Police dog handlers - Civil liability
Status: in_force

Any dog handler as defined by Section 648 of Title 21 of the

Oklahoma Statutes who uses a police dog in the line of duty in

accordance with the policies or standards established by the law

enforcement agency for which he is employed shall not be civilly

liable for any damages arising from the use of said dog, except as

provided for in the Governmental Tort Claims Act.
Okla. Stat. tit. 22, § 22-266 — OK Code / Title 22 / Section 22-266
When offense is bailable
Status: in_force

If the offense is bailable, and bail is taken by the magistrate,

the following words, or words to the same effect, must be added to

the endorsement mentioned in the second preceding section:

And I have admitted him to bail, to answer, by the undertaking

hereto annexed.
Okla. Stat. tit. 22, § 22-1192 — OK Code / Title 22 / Section 22-1192
Removal if convicted
Status: in_force

Upon a conviction, the court must pronounce judgment, that the

defendant be removed from office. But to warrant a removal, the

judgment must be entered upon the minutes, assigning therein the

causes of removal.
Okla. Stat. tit. 22, § 22-1355.13 — OK Code / Title 22 / Section 22-1355.13
Death penalty cases - Compensation of court-appointed
Status: in_force

attorneys.

A. In every case in which the defendant is subject to the death

penalty and an attorney or attorneys other than an attorney or

Oklahoma Statutes - Title 22. Criminal Procedure Page 520

attorneys employed by the Indigent Defense System are assigned to

the case by the System to provide representation, an attorney must

submit a claim in accordance with the provisions of the Indigent

Defense Act in such detail as required by the System. Except as

provided in subsection B of this section, total compensation for

non-System attorneys who serve as lead counsel in capital cases

shall not exceed Twenty Thousand Dollars ($20,000.00) per case.

Total compensation for a non-System attorney who is co-counsel with

a System or non-System attorney in a capital case shall not exceed

Five Thousand Dollars ($5,000.00) per case.

B. The maximum statutory fee established in this section may be

exceeded only upon a determination made by the Executive Director

and approved by the Board that the case is an exceptional one which

requires an extraordinary amount of time to litigate, and that the

request for extraordinary attorney fees is reasonable.
Okla. Stat. tit. 22, § 22-454 — OK Code / Title 22 / Section 22-454
Bench warrant to issue, when
Status: in_force

If the defendant has been discharged on bail, or have deposited

money instead thereof, and does not appear to be arraigned, when his

personal attendance is necessary, the court in addition to the

forfeiture of the undertaking of bail or of the money deposited, may

direct the clerk to issue a bench warrant for his arrest.
Okla. Stat. tit. 22, § 22-1141.28 — OK Code / Title 22 / Section 22-1141.28
Uniformity of construction
Status: in_force

The provisions of this act shall be so interpreted and construed

as to effectuate its general purposes to make uniform the law of

those states which enact it.
Okla. Stat. tit. 22, § 22-152v1 — OK Code / Title 22 / Section 22-152v1
Statute of limitations
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 122

A. Prosecutions for the crimes of bribery, embezzlement of

public money, bonds, securities, assets or property of the state or

any county, school district, municipality or other subdivision

thereof, or of any misappropriation of public money, bonds,

securities, assets or property of the state or any county, school

district, municipality or other subdivision thereof, falsification

of public records of the state or any county, school district,

municipality or other subdivision thereof, and conspiracy to defraud

the State of Oklahoma or any county, school district, municipality

or other subdivision thereof in any manner or for any purpose shall

be commenced within seven (7) years after the discovery of the

crime; provided, however, prosecutions for the crimes of

embezzlement or misappropriation of public money, bonds, securities,

assets or property of any school district, including those relating

to student activity funds, or the crime of falsification of public

records of any independent school district, the crime of criminal

conspiracy, the crime of embezzlement pursuant to Sections 1451

through 1461 of Title 21 of the Oklahoma Statutes, the crime of

False Personation or Identity Theft pursuant to Sections 1531

through 1533.3 of Title 21 of the Oklahoma Statutes, the financial

exploitation of a vulnerable adult pursuant to Sections 843.1, 843.3

and 843.4 of Title 21 of the Oklahoma Statutes, or Medicaid fraud

pursuant to Section 1005 of Title 56 of the Oklahoma Statutes, shall

be commenced within five (5) years after the discovery of the crime.

B. Prosecutions for criminal violations of any state income tax

laws shall be commenced within five (5) years after the commission

of such violation.

C. 1. Prosecutions for sexual crimes against children,

specifically rape or forcible sodomy, sodomy, lewd or indecent

proposals or acts against children, involving minors in pornography

pursuant to Section 886, 888, 1111, 1111.1, 1113, 1114, 1021.2,

1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, child

abuse pursuant to Section 843.5 of Title 21 of the Oklahoma

Statutes, and child trafficking pursuant to Section 866 of Title 21

of the Oklahoma Statutes shall be commenced by the forty-fifth

birthday of the alleged victim. Prosecutions for such crimes

committed against victims eighteen (18) years of age or older, and

sexual abuse of a vulnerable adult pursuant to Section 843.1 of

Title 21 of the Oklahoma Statutes shall be commenced within twelve

(12) years after the discovery of the crime. As used in this

paragraph, "discovery" means the date that a physical or sexually

related crime involving a victim eighteen (18) years of age or older

is reported to a law enforcement agency.

2. However, prosecutions for the crimes listed in paragraph 1

of this subsection may be commenced at any time after the commission

of the offense if:

Oklahoma Statutes - Title 22. Criminal Procedure Page 123

a. physical evidence is collected and preserved that is

capable of being tested to obtain a profile from

deoxyribonucleic acid (DNA), and

b. the identity of the offender is subsequently

established through the use of a DNA profile using

evidence listed in subparagraph a of this paragraph.

A prosecution under this exception must be commenced within

three (3) years from the date on which the identity of the suspect

is established by DNA testing.

3. No prosecution under this subsection shall be based upon the

memory of the victim that has been recovered through psychotherapy

unless there is some evidence independent of such repressed memory.

4. Any person who knowingly and willfully makes a false claim

pursuant to this subsection or a claim that the person knows lacks

factual foundation may be reported to local law enforcement for

criminal investigation and, upon conviction, shall be guilty of a

felony.

D. Prosecutions for criminal violations of any provision of the

Oklahoma Wildlife Conservation Code shall be commenced within three

(3) years after the commission of such offense.

E. Prosecutions for the crime of criminal fraud or workers'

compensation fraud pursuant to Section 1541.1, 1541.2, 1662 or 1663

of Title 21 of the Oklahoma Statutes shall commence within three (3)

years after the discovery of the crime, but in no event greater than

seven (7) years after the commission of the crime.

F. Prosecution for the crime of false or bogus check pursuant

to Section 1541.1, 1541.2, 1541.3 or 1541.4 of Title 21 of the

Oklahoma Statutes shall be commenced within five (5) years after the

commission of such offense.

G. Prosecution for the crime of solicitation for murder in the

first degree pursuant to Section 701.16 of Title 21 of the Oklahoma

Statutes shall be commenced within seven (7) years after the

discovery of the crime. For purposes of this subsection,

"discovery" means the date upon which the crime is made known to

anyone other than a person involved in the solicitation.

H. In all other cases a prosecution for a public offense must

be commenced within three (3) years after its commission.

I. Prosecution for the crime of accessory after the fact must

be commenced within the same statute of limitations as that of the

felony for which the person acted as an accessory.

J. Prosecution for the crime of arson pursuant to Section 1401,

1402, 1403, 1404 or 1405 of Title 21 of the Oklahoma Statutes shall

be commenced within seven (7) years after the commission of the

crime.

K. Prosecutions for criminal violations in which a deadly

weapon is used to commit a felony or prosecutions for criminal

violations in which a deadly weapon is used in an attempt to commit

Oklahoma Statutes - Title 22. Criminal Procedure Page 124

a felony shall be commenced within seven (7) years after the

commission of the crime.

L. Prosecutions for the crime of human trafficking pursuant to

Section 748 of Title 21 of the Oklahoma Statutes shall be commenced

within three (3) years after discovery of the crime. For purposes

of this subsection, "discovery" means the date upon which the crime

is reported to a law enforcement agency.

R.L. 1910, § 5625. Amended by Laws 1943, p. 84, § 2, emerg. eff.

April 12, 1943; Laws 1945, p. 97, § 1, emerg. eff. Feb. 1, 1945;
Okla. Stat. tit. 22, § 22-409 — OK Code / Title 22 / Section 22-409
Indictment or information, when sufficient
Status: in_force

The indictment or information is sufficient if it can be

understood therefrom:

1. That it is entitled in a court having authority to receive

it, though the name of the court be not stated.

2. That it was found by a grand jury or presented by the

district attorney of the county in which the court was held.

3. That the defendant is named, or if his name cannot be

discovered, that he is described by a fictitious name, with the

statement that his true name is unknown.

4. That the offense was committed at some place within the

jurisdiction of the court, except where the act, though done without

the local jurisdiction of the county, is triable therein.

5. That the offense was committed at some time prior to the

time of filing the indictment or information.

6. That the act or omission charged as the offense is clearly

and distinctly set forth in ordinary and concise language, without

repetition, and in such a manner as to enable a person of common

understanding to know what is intended.

7. That the act or omission charged as the offense, is stated

with such a degree of certainty, as to enable the court to pronounce

judgment upon a conviction according to the right of the case.
Okla. Stat. tit. 22, § 22-667 — OK Code / Title 22 / Section 22-667
Ruling on challenge
Status: in_force

On the trial of a challenge the court must either allow or

disallow the challenge and direct an entry accordingly upon the

minutes.
Okla. Stat. tit. 22, § 22-60.6v1 — OK Code / Title 22 / Section 22-60.6v1
Violation of emergency temporary, ex parte or final
Status: in_force

protective order - Penalties.

Oklahoma Statutes - Title 22. Criminal Procedure Page 84

A. Except as otherwise provided by this section, any person

who:

1. Has been served with an emergency temporary, ex parte or

final protective order or foreign protective order and is in

violation of such protective order, upon conviction, shall be guilty

of a misdemeanor and shall be punished by a fine of not more than

One Thousand Dollars ($1,000.00) or by a term of imprisonment in the

county jail of not more than one (1) year, or by both such fine and

imprisonment; and

2. After a previous conviction of a violation of a protective

order, is convicted of a second or subsequent offense pursuant to

the provisions of this section shall, upon conviction, be guilty of

a felony and shall be punished by a term of imprisonment in the

custody of the Department of Corrections for not less than one (1)

year nor more than three (3) years, or by a fine of not less than

Two Thousand Dollars ($2,000.00) nor more than Ten Thousand Dollars

($10,000.00), or by both such fine and imprisonment.

B. 1. Any person who has been served with an emergency

temporary, ex parte or final protective order or foreign protective

order who violates the protective order and causes physical injury

or physical impairment to the plaintiff or to any other person named

in said protective order shall, upon conviction, be guilty of a

misdemeanor and shall be punished by a term of imprisonment in the

county jail for not less than twenty (20) days nor more than one (1)

year. In addition to the term of imprisonment, the person may be

punished by a fine not to exceed Five Thousand Dollars ($5,000.00).

2. Any person who is convicted of a second or subsequent

violation of a protective order which causes physical injury or

physical impairment to a plaintiff or to any other person named in

the protective order shall be guilty of a felony and shall be

punished by a term of imprisonment in the custody of the Department

of Corrections of not less than one (1) year nor more than five (5)

years, or by a fine of not less than Three Thousand Dollars

($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by

both such fine and imprisonment.

3. In determining the term of imprisonment required by this

section, the jury or sentencing judge shall consider the degree of

physical injury or physical impairment to the victim.

4. The provisions of this subsection shall not affect the

applicability of Sections 644, 645, 647 and 652 of Title 21 of the

Oklahoma Statutes.

C. The minimum sentence of imprisonment issued pursuant to the

provisions of paragraph 2 of subsection A and paragraph 2 of

subsection B of this section shall not be subject to statutory

provisions for suspended sentences, deferred sentences or probation,

provided the court may subject any remaining penalty under the

Oklahoma Statutes - Title 22. Criminal Procedure Page 85

jurisdiction of the court to the statutory provisions for suspended

sentences, deferred sentences or probation.

D. In addition to any other penalty specified by this section,

the court shall require a defendant to undergo the treatment or

participate in the counseling services necessary to bring about the

cessation of domestic abuse against the victim or to bring about the

cessation of stalking or harassment of the victim. For every

conviction of violation of a protective order:

1. The court shall specifically order as a condition of a

suspended sentence or probation that a defendant participate in

counseling or undergo treatment to bring about the cessation of

domestic abuse as specified in paragraph 2 of this subsection;

2. a. The court shall require the defendant to participate

in counseling or undergo treatment for domestic abuse

by an individual licensed practitioner or a domestic

abuse treatment program certified by the Attorney

General. If the defendant is ordered to participate

in a domestic abuse counseling or treatment program,

the order shall require the defendant to attend the

program for a minimum of fifty-two (52) weeks,

complete the program, and be evaluated before and

after attendance of the program by a program counselor

or a private counselor.

b. A program for anger management, couples counseling, or

family and marital counseling shall not solely qualify

for the counseling or treatment requirement for

domestic abuse pursuant to this subsection. The

counseling may be ordered in addition to counseling

specifically for the treatment of domestic abuse or

per evaluation as set forth below. If, after

sufficient evaluation and attendance at required

counseling sessions, the domestic violence treatment

program or licensed professional determines that the

defendant does not evaluate as a perpetrator of

domestic violence or does evaluate as a perpetrator of

domestic violence and should complete other programs

of treatment simultaneously or prior to domestic

violence treatment, including but not limited to

programs related to the mental health, apparent

substance or alcohol abuse or inability or refusal to

manage anger, the defendant shall be ordered to

complete the counseling as per the recommendations of

the domestic violence treatment program or licensed

professional;

3. a. The court shall set a review hearing no more than one

hundred twenty (120) days after the defendant is

ordered to participate in a domestic abuse counseling

Oklahoma Statutes - Title 22. Criminal Procedure Page 86

program or undergo treatment for domestic abuse to

assure the attendance and compliance of the defendant

with the provisions of this subsection and the

domestic abuse counseling or treatment requirements.

b. The court shall set a second review hearing after the

completion of the counseling or treatment to assure

the attendance and compliance of the defendant with

the provisions of this subsection and the domestic

abuse counseling or treatment requirements. The court

may suspend sentencing of the defendant until the

defendant has presented proof to the court of

enrollment in a program of treatment for domestic

abuse by an individual licensed practitioner or a

domestic abuse treatment program certified by the

Attorney General and attendance at weekly sessions of

such program. Such proof shall be presented to the

court by the defendant no later than one hundred

twenty (120) days after the defendant is ordered to

such counseling or treatment. At such time, the court

may complete sentencing, beginning the period of the

sentence from the date that proof of enrollment is

presented to the court, and schedule reviews as

required by subparagraphs a and b of this paragraph

and paragraphs 4 and 5 of this subsection. The court

shall retain continuing jurisdiction over the

defendant during the course of ordered counseling

through the final review hearing;

4. The court may set subsequent or other review hearings as the

court determines necessary to assure the defendant attends and fully

complies with the provisions of this subsection and the domestic

abuse counseling or treatment requirements;

5. At any review hearing, if the defendant is not

satisfactorily attending individual counseling or a domestic abuse

counseling or treatment program or is not in compliance with any

domestic abuse counseling or treatment requirements, the court may

order the defendant to further or continue counseling, treatment, or

other necessary services. The court may revoke all or any part of a

suspended sentence, deferred sentence, or probation pursuant to

Section 991b of this title and subject the defendant to any or all

remaining portions of the original sentence;

6. At the first review hearing, the court shall require the

defendant to appear in court. Thereafter, for any subsequent review

hearings, the court may accept a report on the progress of the

defendant from individual counseling, domestic abuse counseling, or

the treatment program. There shall be no requirement for the victim

to attend review hearings; and

Oklahoma Statutes - Title 22. Criminal Procedure Page 87

7. If funding is available, a referee may be appointed and

assigned by the presiding judge of the district court to hear

designated cases set for review under this subsection. Reasonable

compensation for the referees shall be fixed by the presiding judge.

The referee shall meet the requirements and perform all duties in

the same manner and procedure as set forth in Sections 1-8-103 and

2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees

appointed in juvenile proceedings.

E. Emergency temporary, ex parte and final protective orders

shall include notice of these penalties.

F. When a minor child violates the provisions of any protective

order, the violation shall be heard in a juvenile proceeding and the

court may order the child and the parent or parents of the child to

participate in family counseling services necessary to bring about

the cessation of domestic abuse against the victim and may order

community service hours to be performed in lieu of any fine or

imprisonment authorized by this section.

G. Any district court of this state and any judge thereof shall

be immune from any liability or prosecution for issuing an order

that requires a defendant to:

1. Attend a treatment program for domestic abusers certified by

the Attorney General;

2. Attend counseling or treatment services ordered as part of

any final protective order or for any violation of a protective

order; and

3. Attend, complete, and be evaluated before and after

attendance by a treatment program for domestic abusers certified by

the Attorney General.

H. At no time, under any proceeding, may a person protected by

a protective order be held to be in violation of that protective

order. Only a defendant against whom a protective order has been

issued may be held to have violated the order.

I. In addition to any other penalty specified by this section,

the court may order a defendant to use an active, real-time, twenty-

four-hour Global Positioning System (GPS) monitoring device as a

condition of a sentence. The court may further order the defendant

to pay costs and expenses related to the GPS device and monitoring.

J. Any pleas of guilty or nolo contendere or finding of guilt

to a violation of any provision of this section shall constitute a

conviction of the offense for the purpose of any subsection of this

section under which the existence of a prior conviction is relevant

for a period of ten (10) years following the completion of any

sentence or court imposed probationary term.
Okla. Stat. tit. 22, § 22-60.23 — OK Code / Title 22 / Section 22-60.23
Judicial enforcement of foreign protection order
Status: in_force

A. A person authorized by the law of this state to seek

enforcement of a protection order may seek enforcement of a valid

foreign protection order in a tribunal of this state. The tribunal

shall enforce the terms of the order, including terms that provide

relief that a tribunal of this state would lack power to provide but

for this section. The tribunal shall enforce the order, whether the

order was obtained by independent action or in another proceeding,

if it is an order issued in response to a complaint, petition, or

motion filed by or on behalf of an individual seeking protection.

In a proceeding to enforce a foreign protection order, the tribunal

shall follow the procedures of this state for the enforcement of

protection orders.

B. A tribunal of this state may not enforce a foreign

protection order issued by a tribunal of a state that does not

recognize the standing of a protected individual to seek enforcement

of the order.

C. A tribunal of this state shall enforce the provisions of a

valid foreign protection order which govern custody and visitation,

if the order was issued in accordance with the jurisdictional

requirements governing the issuance of custody and visitation orders

in the issuing state.

D. A foreign protection order is valid if it:

1. Identifies the protected individual and the respondent;

2. Is currently in effect;

3. Was issued by a tribunal that had jurisdiction over the

parties and subject matter under the law of the issuing state; and

4. Was issued after the respondent was given reasonable notice

and had an opportunity to be heard before the tribunal issued the

order or, in the case of an order ex parte, the respondent was given

notice and has had or will have an opportunity to be heard within a

reasonable time after the order was issued, in a manner consistent

with the rights of the respondent to due process.

E. A foreign protection order valid on its face is prima facie

evidence of its validity.

F. Absence of any of the criteria for validity of a foreign

protection order is an affirmative defense in an action seeking

enforcement of the order.

Oklahoma Statutes - Title 22. Criminal Procedure Page 108

G. A tribunal of this state may enforce provisions of a mutual

foreign protection order which favor a respondent only if:

1. The respondent filed a written pleading seeking a protection

order from the tribunal of the issuing state; and

2. The tribunal of the issuing state made specific findings in

favor of the respondent.
Okla. Stat. tit. 22, § 22-228 — OK Code / Title 22 / Section 22-228
Short Title
Status: in_force

This act may be cited as the Uniform Act on Fresh Pursuit.
Okla. Stat. tit. 22, § 22-311 — OK Code / Title 22 / Section 22-311
Grand jury defined
Status: in_force

A grand jury is a body of men consisting of twelve jurors

impaneled and sworn to inquire into and true presentment make of all

public offenses against the state committed or triable within the

county for which the court is holden.
Okla. Stat. tit. 22, § 22-19b — OK Code / Title 22 / Section 22-19b
Oklahoma Identity Theft Passport Program
Status: in_force

A. For purposes of protecting persons who are the victims of

identity theft, there is hereby created the “Oklahoma Identity Theft

Passport Program”. The Oklahoma State Bureau of Investigation

(OSBI) shall administer the Oklahoma Identity Theft Passport

Program, prescribe procedures and policies for issuing the identity

theft passport consistent with this act, and provide information to

law enforcement agencies explaining the program.

B. A person shall be eligible for an Oklahoma identity theft

passport if:

1. The person has obtained:

a. an order for expungement and sealing of records

pursuant to Sections 18 and 19 of Title 22 of the

Oklahoma Statutes on grounds that the person has been

charged or arrested or is the subject of an arrest

warrant for a crime that was committed by another

person who has appropriated or used the person’s name

or other identification without the person’s consent

or authorization, or

b. an order for expungement and sealing of records

pursuant to Section 2 of this act from a court that

dismissed a charge against the person on such grounds;

or

2. The person has filed an identity theft report with a

federal, state, or local law enforcement agency and has submitted a

copy of the identity theft report and an identity theft affidavit

with supporting documentation to one or more consumer reporting

agencies. For purposes of this act, “identity theft report”,

“identity theft affidavit”, and “consumer reporting agency” shall be

defined as provided in The Fair Credit Report Act, 15 United States

Code, Section 1681 et seq.

Oklahoma Statutes - Title 22. Criminal Procedure Page 41

C. To apply for an identity theft passport the person shall

submit to the OSBI a certified copy of a court order for expungement

and sealing of records or copies of an identity theft report and

identity theft affidavit that have been filed and submitted to a

consumer reporting agency. The OSBI may prescribe other application

requirements as deemed necessary.

D. The OSBI shall issue the identity theft passport unless the

OSBI finds reasonable cause not to issue the identity theft

passport. The identity theft passport shall state whether the

identity theft passport is issued on the basis of an order for

expungement or an identity theft report and affidavit having been

submitted to the OSBI.

E. Upon issuance of an identity theft passport, the OSBI shall

notify the Department of Public Safety. The identity theft passport

shall be attached to any records maintained by the OSBI or the

Department of Public Safety, including criminal history records for

purposes of criminal background checks and law enforcement

telecommunications checks. The record of an identity theft passport

shall be sealed except to law enforcement authorities.

F. The OSBI shall maintain records of identity theft passport

requests and issuances and may provide such information to law

enforcement agencies upon request of an agency or officer. Such

records in the possession of the OSBI or other law enforcement

agencies and officers shall not be public records and shall not be

subject to the Oklahoma Open Records Act.

G. The OSBI may prescribe a reasonable fee for processing

applications for identify theft passports by administrative rule.

H. The OSBI shall design the identity theft passport, which may

include picture identification.

I. An identity theft passport shall be used only for law

enforcement purposes, including criminal background checks and

similar public safety purposes. Financial institutions and other

private entities are not required to honor an identity theft

passport as proof of identity or proof of identity theft.
Okla. Stat. tit. 22, § 22-224 — OK Code / Title 22 / Section 22-224
State includes District of Columbia
Status: in_force

For the purpose of this act the word "state" shall include the

District of Columbia.
Okla. Stat. tit. 22, § 22-1141.25 — OK Code / Title 22 / Section 22-1141.25
Waiver of proceedings and consent to return to
Status: in_force

demanding state.

Any person arrested in this state charged with having committed

any crime in another state or alleged to have escaped from

confinement, or broken the terms of his bail, probation or parole

may waive the issuance and service the warrant provided for in

Section 7 and 8 and all other procedure incidental to extradition

proceedings, by executing or subscribing in the presence of a judge

of any court of record within this state a writing which states that

he consents to return to the demanding state; provided, however,

that before such waiver shall be executed or subscribed by such

person it shall be the duty of such judge to inform such person of

his rights to the issuance and service of a warrant of extradition

and to obtain a writ of habeas corpus as provided for in Section 10.

If and when such consent has been duly executed it shall forthwith

be forwarded to the office of the Governor of this state and filed

therein. The judge shall direct the officer having such person in

custody to deliver forthwith such person to the duly accredited

agent or agents of the demanding state, and shall deliver or cause

to be delivered to such agent or agents a copy of such consent;

provided, however, that nothing in this section shall be deemed to

limit the rights of the accused person to return voluntarily and

without formality to the demanding state, nor shall this waiver

procedure be deemed to be an exclusive procedure or to limit the

powers, rights or duties of the officers of the demanding state or

of this state.
Okla. Stat. tit. 22, § 22-9 — OK Code / Title 22 / Section 22-9
Common law prevails, when
Status: in_force

The procedure, practice and pleadings in the courts of record of

this state, in criminal actions or in matters of criminal nature,

not specifically provided for in this code, shall be in accordance

with the procedure, practice and pleadings of the common law.
Okla. Stat. tit. 22, § 22-1069 — OK Code / Title 22 / Section 22-1069
Appeal not dismissed for informality
Status: in_force

An appeal shall not be dismissed for any informality or defect

in the taking thereof. If the same be corrected in a reasonable

time after an appeal has been dismissed, another appeal may be

taken.
Okla. Stat. tit. 22, § 22-917 — OK Code / Title 22 / Section 22-917
Several defendants - Verdict as to part - Retrial as to
Status: in_force

defendants not agreed on.

On an indictment or information against several, if the jury

cannot agree upon a verdict as to all, they may render a verdict as

to those in regard to whom they do agree, on which a judgment must

be entered accordingly, and the case as to the rest may be tried by

another jury.
Okla. Stat. tit. 22, § 22-736 — OK Code / Title 22 / Section 22-736
Immunity from arrest and civil or criminal process
Status: in_force

If a witness from another state comes into or passes through

this state under an order directing him to attend and testify in

this or any other state, while in this state pursuant to the order,

he shall not be subject to arrest or the service of civil or

criminal process because of any act committed prior to his arrival

in this state under the order.
Okla. Stat. tit. 22, § 22-10 — OK Code / Title 22 / Section 22-10
Criminal action defined
Status: in_force

The proceeding by which a party charged with a public offense is

accused and brought to trial and punishment, is known as a criminal

action.
Okla. Stat. tit. 22, § 22-1307 — OK Code / Title 22 / Section 22-1307
Appearance and plea by corporation
Status: in_force

If an indictment or information be filed, the corporation may

appear by counsel to answer the same. If they do not thus appear, a

plea of not guilty must be entered, and the same proceedings had

thereon as in other cases.
Okla. Stat. tit. 22, § 22-849 — OK Code / Title 22 / Section 22-849
Duty of court where no offense charged
Status: in_force

If the jury be discharged because the facts as charged do not

constitute an offense punishable by law, the court must order that

the defendant, if in custody, be discharged therefrom, or, if

admitted to bail, that the bail be exonerated, or if he have

deposited money instead of bail, that the money deposited be

refunded to him unless in its opinion a new indictment or

information can be framed, upon which the defendant can be legally

convicted, in which case it may direct that the case be resubmitted

to the same or another grand jury, or a new information filed.
Okla. Stat. tit. 22, § 22-70 — OK Code / Title 22 / Section 22-70
Use of Force for the Protection of the Unborn Act
Status: in_force

This act may be known and shall be cited as the "Use of Force

for the Protection of the Unborn Act".
Okla. Stat. tit. 22, § 22-922 — OK Code / Title 22 / Section 22-922
Recording and reading verdict - Disagreement of jurors
Status: in_force

entered upon minutes - Discharge if no disagreement.

When the verdict is given, and is such as the court may receive,

the clerk must immediately record it in full upon the minutes, and

the judge or the clerk must read it to the jury and inquire of them

whether it is their verdict. If any juror disagree, the fact must be

entered upon the minutes, and the jury again sent out; but if no

disagreement is expressed, the verdict is complete, and the jury

must be discharged from the case.
Okla. Stat. tit. 22, § 22-43 — OK Code / Title 22 / Section 22-43
Proceedings when charge is controverted
Status: in_force

When the person complained of is brought before the magistrate,

if the charge be controverted, the magistrate must take testimony in

relation thereto. The evidence must, on demand of the defendant, be

reduced to writing, and subscribed by the witnesses.
Okla. Stat. tit. 22, § 22-180 — OK Code / Title 22 / Section 22-180
Magistrate absent - Taking defendant before another
Status: in_force

When, by the preceding sections of this chapter, the defendant

is required to be taken before the magistrate who issued the

warrant, he may, if the magistrate be absent or unable to act, be

taken before the nearest or most accessible magistrate in the same

county. The officer must, at the same time, deliver to the

magistrate the warrant, with the return endorsed and subscribed by

him.
Okla. Stat. tit. 22, § 22-60.7 — OK Code / Title 22 / Section 22-60.7
Statewide and nationwide validity of orders
Status: in_force

All orders issued pursuant to the provisions of the Protection

from Domestic Abuse Act, Section 60 et seq. of this title, shall

have statewide and nationwide validity, unless specifically modified

or terminated by a judge of the district courts.
Okla. Stat. tit. 22, § 22-443 — OK Code / Title 22 / Section 22-443
Entry on docket - Process and trial
Status: in_force

All cases transferred from the district court shall be entered

on the docket of the court to which they are transferred, and all

process thereon shall be issued, and the defendant tried in the same

manner as if the cause had originated in the court to which they

have been transferred.
Okla. Stat. tit. 22, § 22-210 — OK Code / Title 22 / Section 22-210
Felony arrest – DNA testing required
Status: in_force

A. Subject to the availability of funds, a person eighteen (18)

years of age or older who is arrested for the commission of a felony

under the laws of this state or any other jurisdiction shall, upon

being booked into a jail or detention facility, submit to

deoxyribonucleic acid (DNA) sample collection for testing for DNA-

identification-matching purposes in accordance with Section 150.27a

of Title 74 of the Oklahoma Statutes and the rules promulgated by

the Oklahoma State Bureau of Investigation (OSBI) for the OSBI

Combined DNA Index System (CODIS) Database. DNA samples shall be

collected by trained medical personnel, law enforcement, tribal

police officers, or employees or medical contractors of those

organizations as qualified pursuant to subsection B of this section.

B. Samples of blood or saliva for DNA testing or for DNA-

identification-matching purposes required by subsection A of this

section shall be taken by trained medical personnel, law

enforcement, tribal police officers, or employees or medical

contractors of those organizations. The individuals shall be

properly trained to collect blood or saliva samples. Persons

collecting blood or saliva for DNA testing or for DNA-

identification-matching purposes pursuant to this section shall be

immune from civil liabilities arising from this activity. All

collectors of DNA samples shall ensure the collected samples are

mailed or delivered to the OSBI within ten (10) days after the DNA

sample is collected from the person using sample kits provided by

Oklahoma Statutes - Title 22. Criminal Procedure Page 138

the OSBI and procedures promulgated by the OSBI, or if the jail,

detention facility, booking facility of a federally recognized

American Indian tribe in Oklahoma or other designated facility is

using Rapid DNA technology, the collector shall use the provided

collection instruments. Once the DNA-identification-matching

process has concluded and a sample has been mailed or delivered to

the OSBI, the collector shall discard the Rapid DNA sample taken in

the jail, detention facility, booking facility of a federally

recognized American Indian tribe in Oklahoma or other designated

facility.

If a jail, detention facility, booking facility of a federally

recognized American Indian tribe in Oklahoma or other designated

facility is using Rapid DNA technology to take the DNA sample for

DNA identification purposes, said sample shall not be retained,

tested or stored after completion of the Rapid DNA identification

process. Any person charged with the custody and dissemination of

DNA samples and profiles shall not divulge or disclose any such

information except to federal, state, county or municipal law

enforcement or criminal justice agencies, nor shall the person

tamper with the samples and profiles taken. Any person violating

the provisions of this section shall, upon conviction, be guilty of

a misdemeanor punishable by imprisonment in the county jail for not

more than one (1) year.

C. A DNA sample shall not be analyzed and shall be destroyed

unless one of the following conditions has been met:

1. The arrest was made upon a valid felony arrest or warrant;

2. The person has appeared before a judge or magistrate judge

who made a finding that there was probable cause for the arrest;

3. The person posted bond or was released prior to appearing

before a judge or magistrate judge and then failed to appear for a

scheduled hearing; or

4. The DNA sample was provided as a condition of a plea

agreement.

D. All DNA samples, records and identifiable information

generated pursuant to the provisions of this section shall be

automatically expunged from the OSBI Combined DNA Index System

(CODIS) Database under the following circumstances:

1. The felony offense for which the person was arrested does

not result in charges either by information or indictment and the

statute of limitations has expired;

2. The state voluntarily dismissed the felony charge filed

against the person; or

3. The court dismissed the felony charge filed against the

person.

The Oklahoma State Bureau of Investigation shall promulgate

rules establishing procedures relating to the automatic expungement

of DNA samples, records and identifiable information collected under

Oklahoma Statutes - Title 22. Criminal Procedure Page 139

the provisions of this section. Fees related to the expungement of

DNA samples, records and identifiable information shall not be

assessed for persons who qualify for an automatic expungement under

the provisions of this subsection.
Okla. Stat. tit. 22, § 22-32 — OK Code / Title 22 / Section 22-32
Resistance by party to be injured
Status: in_force

Resistance sufficient to prevent the offense may be made by the

party about to be injured:

1. To prevent an offense against his person or his family, or

some member thereof.

2. To prevent an illegal attempt, by force, to take or injure

property in his lawful possession.
Okla. Stat. tit. 22, § 22-991g — OK Code / Title 22 / Section 22-991g
Local crimestoppers programs - Qualification for
Status: in_force

repayment of rewards - Audits - Certification - Use of funds.

A. The Office of the Attorney General, at the request of the

court, shall determine whether a local crimestoppers program is

qualified to receive repayments of rewards pursuant to Section 1 of

this act. The Office of the Attorney General shall approve the

local crimestoppers program to receive those repayments if,

considering the organization, continuity, leadership, community

support, audit pursuant to subsection B of this section and general

conduct of the program, the Office of the Attorney General

determines that the repayments will be spent to further the crime

prevention purposes of the program.

B. Prior to certification by the Office of the Attorney General

for a local crimestoppers program to receive repayments pursuant to

Section 1 of this act, each program is subject to an audit by an

Oklahoma Statutes - Title 22. Criminal Procedure Page 347

independent accounting firm which must be submitted to the Office of

the Attorney General for review. In order to maintain

certification, the program shall be so audited each year and the

audit submitted prior to July 1 of each year.

C. The Office of the Attorney General may certify a local

crimestoppers program for purposes of Section 1 of this act even if

a judge has not requested a determination for that program and may

maintain a current list of approved local crimestoppers programs.

D. A local crimestoppers program certified by the Office of the

Attorney General to receive repayments pursuant to Section 1 of this

act shall use that money for the sole purpose of rewards to persons

who report information on criminal activity only if that information

leads to a defendant being indicted for or charged by information

with a felony offense.
Okla. Stat. tit. 22, § 22-996 — OK Code / Title 22 / Section 22-996
Short title - Regimented Inmate Discipline (RID) Program
Status: in_force

Sections 996 through 996.3 of this title shall be known and may

be cited as the "Delayed Sentencing Program for Young Adults”. This

act is also recognized as the Regimented Inmate Discipline (RID)

Program.
Okla. Stat. tit. 22, § 22-1190 — OK Code / Title 22 / Section 22-1190
Judgment of conviction or trial
Status: in_force

If the defendant plead guilty, or refuse to answer the

accusation the court must render judgment of conviction against him.

If he deny the matters charged, the court must proceed to try the

accusation.
Okla. Stat. tit. 22, § 22-471.1 — OK Code / Title 22 / Section 22-471.1
Authorization of drug court programs
Status: in_force

A. For purposes of the Oklahoma Drug Court Act, "drug court",

"drug court program" or "program" means an immediate and highly

structured judicial intervention process for substance abuse

treatment of eligible offenders which expedites the criminal case

and requires successful completion of the plea agreement.

B. Each district court of this state is authorized to establish

a drug court program pursuant to the provisions of the Oklahoma Drug

Court Act, subject to availability of funds.

C. Eligible offenses may be restricted by the rules of the

specific drug court program. Nothing in the Oklahoma Drug Court Act

shall be construed to require a drug court to consider every

offender with a treatable condition or addiction even if the

controlling offense is eligible for consideration in the program.

Traditional prosecution shall be required where an offender is

determined not appropriate for the drug court program. Juvenile

Oklahoma Statutes - Title 22. Criminal Procedure Page 183

drug courts may be established based upon the provisions of the

Oklahoma Drug Court Act; provided, however, a juvenile shall not be

held, processed, or treated in any manner which violates any

provision of Title 10A of the Oklahoma Statutes.

D. Drug court programs shall require a separate judicial

processing system differing in practice and design from the

traditional adversarial criminal prosecution and trial systems.

Whenever possible, a drug court team shall be designated consisting

of a judge to preside over the drug court judicial process and hold

proceedings where participants are advanced through the program, a

district attorney, a defense attorney, a drug court coordinator, and

other persons designated by the drug court team who shall have

appropriate understanding of the goals of the program and of the

appropriate treatment methods for the various conditions. The

assignment of any person to the drug court team shall not preclude

the assigned person from performing other duties required in the

course of their office or employment. The chief judge of the

judicial district, or if the district has more than one chief judge

then the presiding judge of the Administrative Judicial District,

shall designate one or more judges to preside over cases assigned to

the drug court program. The assignment of any judge to a drug court

program or the designation of a drug court docket shall not mandate

the assignment of all substance abuse-related cases to the drug

court docket or the program; however, nothing in the Oklahoma Drug

Court Act shall be construed to preclude the assignment of all

criminal cases relating to substance abuse or drug possession as

provided by the rules established for the specific drug court

program. Judicial immunity shall extend to any duty required by law

to be performed by a judge of a drug court.

E. When a drug court program is established, the arresting

officer shall file the criminal case record for potentially eligible

offenders with the district attorney within four (4) days of the

arrest. The district attorney shall file an information in the case

within twenty-four (24) hours of receipt of the criminal case record

when the offender appears eligible for consideration for the

program. The information may be amended as necessary when an

offender is denied admittance into the drug court program or for

other purposes as provided in Section 304 of this title. Any person

arrested upon a warrant for his or her arrest shall not be eligible

for the drug court program without the approval of the district

attorney. Any criminal case which has been filed and processed in

the traditional manner shall be cross-referenced to a drug court

case file by the court clerk if the case is subsequently assigned to

the drug court program. The originating criminal case file shall

remain open to public inspection. The judge shall determine what

information or pleadings are to be retained in the drug court case

file, which shall be closed to public inspection.

Oklahoma Statutes - Title 22. Criminal Procedure Page 184

F. 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 drug court

program or from any state or local agency in obtaining the necessary

treatment services which will assure maximum opportunity for

successful treatment, education and rehabilitation for offenders

admitted to the program. All participating state and local agencies

are directed to coordinate with each other and cooperate in

assisting the district court in establishing a drug court program.

G. Each drug court program shall apply recognized best

practices including but not limited to:

1. Strong linkage between participating agencies;

2. Access by all participating parties of a case to information

on the progress of the offender;

3. Vigilant supervision and monitoring procedures;

4. Random substance abuse testing;

5. Provisions for noncompliance, modification of the treatment

plan and revocation proceedings;

6. Availability of residential treatment facilities and

outpatient services;

7. Payment of court costs, treatment costs, supervision fees

and program user fees by the offender;

8. Methods for measuring application of disciplinary sanctions

including provisions for:

a. increased supervision,

b. urinalysis testing,

c. intensive treatment,

d. short-term confinement not to exceed five (5) days,

e. recycling the offender into the program after a

disciplinary action for a minimum violation of the

treatment plan,

f. reinstating the offender into the program after a

disciplinary action for a major violation of the

treatment plan, and

g. revocation from the program; and

9. Methods for measuring performance-based effectiveness of

each individual treatment provider's services.

H. All drug court programs shall be required to keep reliable

data on recidivism, relapse, restarts, sanctions imposed and

incentives given.

I. All funds received by a drug court, in its capacity as a

drug court program, shall be credited to and accounted for in the

county treasurer's office in a special cash fund to be known as the

"Drug Court Fund". Each drug court fund shall be a continuing fund,

not subject to fiscal year limitations, and shall be dedicated to

the operation of the drug court as authorized by law. The

expenditures of any funds received by a drug court program and

Oklahoma Statutes - Title 22. Criminal Procedure Page 185

deposited with the county treasurer shall be made only upon sworn

itemized claims approved by the county clerk, filed with the county

treasurer and paid by cash voucher drawn by the county treasurer

from the funds.

J. Nothing in this section shall prohibit any county from

establishing a drug court for misdemeanor offenses. Such

misdemeanor drug courts shall follow the rules and regulations of

felony drug courts except that the penalty for revocation shall not

exceed one (1) year in the county jail or the maximum penalty for

the misdemeanor allowed by statute, whichever is less. The

Department of Mental Health and Substance Abuse Services shall

provide technical assistance to the counties that establish

misdemeanor drug courts.
Okla. Stat. tit. 22, § 22-977 — OK Code / Title 22 / Section 22-977
Entry of judgment of conviction - Papers to be filed by
Status: in_force

clerk - Obtaining date of birth and social security number of

defendant.

A. When judgment upon a conviction is rendered, the clerk must

enter the same upon the minutes, stating briefly the offense for

which the conviction has been had, and must immediately annex

together and file the following papers, which constitute a record of

the action:

1. The indictment and a copy of the minutes of the plea or

demurrer;

2. A copy of the minutes of the trial;

3. The charges given or refused, and the endorsements, if any,

thereon; and

4. A copy of the judgment, which shall include a notation of

the month and year of birth date of the defendant and the last four

digits of the Social Security number of the defendant. The judgment

Oklahoma Statutes - Title 22. Criminal Procedure Page 266

shall also contain the statutory reference, including any relevant

subsections, to the felony crime the defendant was convicted of, the

classification level of the felony crime the defendant was convicted

of, the required amount of the minimum time to be served according

to the sentencing court, and the date of the offense.

B. The court shall obtain the month and year of birth date of

the defendant and the last four digits of the Social Security number

of the defendant.

R.L. 1910, § 5960. Amended by Laws 1993, c. 202, § 1, eff. Sept. 1,

1993; Laws 2003, c. 294, § 1, eff. Nov. 1, 2003; Laws 2016, c. 348,

§ 4, eff. Nov. 1, 2016; Laws 2018, c. 173, § 1; Laws 2025, c. 187, §

8, eff. Jan. 1, 2026.
Okla. Stat. tit. 22, § 22-1141.2 — OK Code / Title 22 / Section 22-1141.2
Duty of Governor
Status: in_force

Subject to the provisions of this act, the provisions of the

Constitution of the United States controlling, and any and all Acts

of Congress enacted in pursuance thereof, it is the duty of the

Governor of this state to have arrested and delivered up to the

executive authority of any other state of the United States any

person charged in that state with treason, felony, or other crime,

who has fled from justice and is found in this state.
Okla. Stat. tit. 22, § 22-837 — OK Code / Title 22 / Section 22-837
Doubt as to degree of guilt
Status: in_force

When it appears that a defendant has committed a public offense

and there is reasonable ground of doubt in which of two or more

degrees he is guilty, he can be convicted of the lowest of such

degree only.
Okla. Stat. tit. 22, § 22-705 — OK Code / Title 22 / Section 22-705
District attorney to issue subpoenas for grand jury
Status: in_force

The district attorney may issue subpoena, subscribed by him, for

witnesses within the state in support of the prosecution, or for

such other witnesses as the grand jury may direct, to appear before

the grand jury upon an investigation before them.
Okla. Stat. tit. 22, § 22-975 — OK Code / Title 22 / Section 22-975
Other evidence in aggravation or mitigation of punishment
Status: in_force

prohibited.

No affidavit or testimony, or representation of any kind, verbal

or written, can be offered to or received by the court or member

thereof in aggravation or mitigation of the punishment, except as

provided in the last two sections.
Okla. Stat. tit. 22, § 22-104 — OK Code / Title 22 / Section 22-104
Neglect of officer respecting unlawful assembly a
Status: in_force

misdemeanor.

If a magistrate or officer having notice of an unlawful or riotous

assembly mentioned in Section 5585 neglect to proceed to the place

of the assembly, or as near thereto as he can with safety, and to

exercise the authority with which he is invested for suppressing the

same and arresting the offenders, he is guilty of a misdemeanor.
Okla. Stat. tit. 22, § 22-123 — OK Code / Title 22 / Section 22-123
Evasion of statutes relative to dueling and challenges,
Status: in_force

jurisdiction.

When an inhabitant of this state shall have left the same for

the purpose of evading the operation of the provisions of the

statutes relating to dueling and challenges to fight, with the

intent or for the purpose of doing any of the acts prohibited

therein, the jurisdiction is in the county of which the offender was

an inhabitant when the offense was committed, or in any county in

which, in the opinion of the Governor, the evidence can be most

conveniently obtained and produced, to be designated by him by

written appointment, filed in the office of the clerk of the court

of that county.
Okla. Stat. tit. 22, § 22-1401 — OK Code / Title 22 / Section 22-1401
Short title
Status: in_force

Sections 1401 through 1419 of this title shall be known and may

be cited as the "Oklahoma Racketeer-Influenced and Corrupt

Organizations Act".
Okla. Stat. tit. 22, § 22-582 — OK Code / Title 22 / Section 22-582
Issue of fact, how tried
Status: in_force

Issues of fact must be tried by a jury.
Okla. Stat. tit. 22, § 22-961 — OK Code / Title 22 / Section 22-961
Court appoints time for pronouncing judgment
Status: in_force

After a plea or verdict of guilty, or after a verdict against

the defendant on a plea of a former conviction or acquittal, if the

judgment is not arrested or a new trial granted, the court must

appoint a time for pronouncing judgment.
Okla. Stat. tit. 22, § 22-988.16 — OK Code / Title 22 / Section 22-988.16
Community sentencing system budgeting
Status: in_force

A. Each fiscal year the Division, in collaboration with the

local planning councils, shall provide goals and funding priorities

for community punishments as provided by law. The statewide

community sentencing system shall be composed of local community

sentencing system plans as approved by the Division. The Division

shall promulgate rules for local community sentencing systems based

upon objective criteria for allocation of state-appropriated funds

to local systems for day-to-day operation during a fiscal year which

may include identification of:

1. Fiscally responsible allocations of services and funds;

2. Innovative or effective programs of the local system; and

3. Appropriate targeting of offenders for services.

The Division and each of the local community sentencing systems are

required to operate within the appropriated funds. The state shall

require each local community sentencing system to identify resources

other than state funds as part of the funding formula. The Division

shall establish procedures for disbursement of state funds to

service providers, and shall disburse state funds in a timely

manner.

Oklahoma Statutes - Title 22. Criminal Procedure Page 308

B. For a local community sentencing system to remain eligible

for state funding, a local community sentencing system shall:

1. Demonstrate fiscal responsibility by operating the local

system within the plan and budget allocation;

2. Require performance-based selection of service providers

participating in the annual system plan;

3. Submit a plan which offers a continuum of sanctions for

eligible offenders sentenced to the local community sentencing

system and appropriately assign offenders for services; and

4. Comply with the rules promulgated by the Community

Sentencing Division within the Department of Corrections and the

provisions of the Oklahoma Community Sentencing Act.

C. When state funding is required to implement a local

community sentencing system plan, the Community Sentencing Division

shall approve the plan only to the extent that the jurisdiction's

share of the total state appropriations will support the

implementation of the local system plan. Modification to a local

plan shall be for budgetary purposes, as provided in Section 988.7

of this title, and for compliance with law and rule.

D. State funds from the Community Sentencing Division disbursed

to community sentencing systems shall be used for operation and

administrative expenses and shall not be used to construct,

renovate, remodel, expand or improve any jail, residential treatment

facility, restrictive housing facility, or any other structure, nor

shall these funds be used to replace funding or other resources from

the federal, state, county or city government committed in support

of the detailed system plan during the plan year.

E. Any funds accruing to the benefit of a community sentencing

system shall be deposited in the Oklahoma Community Sentencing

Revolving Fund created as provided in Section 557.1 of Title 57 of

the Oklahoma Statutes, and shall be credited to the local

jurisdiction making such deposit. The Community Sentencing Division

within the Department of Corrections and every local planning

council are authorized to apply for and accept grants, gifts,

bequests and other lawful money from nonprofit private

organizations, for-profit organizations, political subdivisions of

this state, the United States, and private citizens to support or

expand the community sentencing system.
Okla. Stat. tit. 22, § 22-1141.20 — OK Code / Title 22 / Section 22-1141.20
Inquiry into guilt or innocence
Status: in_force

The guilt or innocence of the accused as to the crime of which

he is charged may not be inquired into by the Governor or in any

proceedings after the demand for extradition accompanied by a charge

of crime in legal form as above provided shall have been presented

to the Governor, except as it may be involved in identifying the

person held as the person charged with the crime.
Okla. Stat. tit. 22, § 22-1355.6 — OK Code / Title 22 / Section 22-1355.6
Responsibility of System to indigent defendant
Status: in_force

A. The Indigent Defense System shall have the responsibility of

defending all indigents, as determined in accordance with the

provisions of the Indigent Defense Act in all capital and felony

cases and in all misdemeanor and traffic cases punishable by

incarceration. In addition, the System shall have the

responsibility of defending all indigent juveniles, as determined in

accordance with the provisions of the Indigent Defense Act, in

juvenile delinquency proceedings, adult certification proceedings,

reverse certification proceedings, youthful offender proceedings,

and any other cases pursuant to the Oklahoma Juvenile Code, other

than mental health cases, in-need-of-supervision proceedings, and

any other juvenile proceedings that are civil in nature.

B. Upon prior approval by the Executive Director, the System

may also represent indigents in other state proceedings, if such

representation is related to the case for which the original

appointment of the System was made and if not otherwise prohibited

by the Indigent Defense Act.

C. The Executive Director may select attorneys to handle

indigent criminal cases from a list of attorneys who have agreed to

accept assignments of such cases, who provide proof of professional

liability insurance coverage, and who meet the qualifications

established by the System for such assignments. Payment to such

attorneys shall be made from the budget of the System.

D. The Board shall have the authority to provide for

representation for indigent criminal defendants and others for whom

representation is required by either the Constitution or laws of

this state by attorneys employed by the System.
Okla. Stat. tit. 22, § 22-988.10 — OK Code / Title 22 / Section 22-988.10
Resource-limited system
Status: in_force

A. It is the responsibility of the planning council, the

sentencing judge, and the local administrator to ensure that the

expenditure of funds within the local community sentencing system is

appropriately made only for eligible offenders within the range of

services offered to the court. It is further the responsibility of

the local system, the prosecutor, the defense attorney, and

sentencing court to keep an awareness of the local correctional

resources and to utilize those resources in the most efficient

manner when punishing eligible offenders with community punishments.

Oklahoma Statutes - Title 22. Criminal Procedure Page 303

B. The sentencing judge when imposing any punishment pursuant

to the provisions of the Oklahoma Community Sentencing Act shall

consider the most cost-effective treatment specifically targeted for

the offender's needs as determined by the Level of Services

Inventory (LSI) report or assessment instrument.

C. The statewide system and each local system is required to

monitor sentencing practices and eligibility requirements,

prioritize expenditures, and operate within available resources for

eligible offenders.

D. The Community Sentencing Division within the Department of

Corrections shall not fund any community sentencing system beyond

the accepted budget amounts in any fiscal year.
Okla. Stat. tit. 22, § 22-425 — OK Code / Title 22 / Section 22-425
Larceny or embezzlement, indictment or information for
Status: in_force

In an indictment or information for the larceny or embezzlement

of money, bank notes, certificates of stock or valuable securities,

or for a conspiracy to cheat and defraud a person of any such

property, it is sufficient to allege the larceny or embezzlement, or

the conspiracy to cheat and defraud, to be of money, bank notes,

certificates of stock or valuable securities, without specifying the

coin, number, denomination or kind thereof.
Okla. Stat. tit. 22, § 22-991h — OK Code / Title 22 / Section 22-991h
See the following versions:
Status: in_force

OS 22-991hv1 (HB 3936, Laws 2024, c. 59, § 35).

OS 22-991hv2 (HB 3450, Laws 2024, c. 151, § 10).
Okla. Stat. tit. 22, § 22-129 — OK Code / Title 22 / Section 22-129
Accessory, jurisdiction in case of
Status: in_force

In the case of an accessory in the commission of a public

offense, the jurisdiction is in the county where the offense of the

accessory was committed, notwithstanding the principal offense was

committed in another county.
Okla. Stat. tit. 22, § 22-190 — OK Code / Title 22 / Section 22-190
Arrest, how made
Status: in_force

An arrest is made by an actual restraint of the person of the

defendant, or by his submission to the custody of the officer.
Okla. Stat. tit. 22, § 22-94 — OK Code / Title 22 / Section 22-94
Assistance from other counties
Status: in_force

If it appears to the Governor that the power of the county is

not sufficient to enable the sheriff to execute process delivered to

him, or to suppress riots and to preserve the peace, he must, on the

application of the sheriff, or the judge, of any court of record of

such county, order such a force from any other county or counties as

is necessary, and all persons so ordered or summoned by the Governor

or acting Governor, are required to attend and act; and any such

persons who, without lawful cause, refuse or neglect to obey the

command, are guilty of a misdemeanor.
Okla. Stat. tit. 22, § 22-1301 — OK Code / Title 22 / Section 22-1301
Information against corporation - Summons
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 487

Upon an information against a corporation, the magistrate may

issue a summons signed by him, with his name of office, requiring

the corporation to appear before him at a specified time and place

to answer the charge; the time to be not less than ten (10) days

after the issuing of the summons.
Okla. Stat. tit. 22, § 22-970 — OK Code / Title 22 / Section 22-970
Defendant informed of proceedings
Status: in_force

When the defendant appears for judgment, he must be informed by

the court, or by the clerk under its direction, of the nature of the

indictment or information, and his plea and the verdict, if any

thereon, and must be asked whether he has any legal cause to show

why judgment should not be pronounced against him.
Okla. Stat. tit. 22, § 22-2002 — OK Code / Title 22 / Section 22-2002
Disclosure of evidence - Continuing duty to disclose -
Status: in_force

Time of discovery - Regulation of discovery - Reasonable cost of

copying, duplicating, and videotaping.

A. Disclosure of Evidence by the State.

1. Upon request of the defense, the state shall disclose the

following:

a. the names and addresses of witnesses which the state

intends to call at trial, together with their

relevant, written or recorded statement, if any, or if

none, significant summaries of any oral statement,

b. law enforcement reports made in connection with the

particular case,

c. any written or recorded statements and the substance

of any oral statements made by the accused or made by

a codefendant,

d. any reports or statements made by experts in

connection with the particular case, including results

of physical or mental examinations and of scientific

tests, experiments, or comparisons,

e. any books, papers, documents, photographs, tangible

objects, buildings or places which the prosecuting

attorney intends to use in the hearing or trial or

which were obtained from or belong to the accused,

f. any record of prior criminal convictions of the

defendant, or of any codefendant, and

g. Oklahoma State Bureau of Investigation (OSBI) rap

sheet/records check on any witness listed by the state

or the defense as a witness who will testify at trial,

as well as any convictions of any witness revealed

through additional record checks if the defense has

furnished Social Security numbers or date of birth for

their witnesses, except OSBI rap sheet/record checks

shall not provide date of birth, Social Security

number, home phone number or address.

2. The state shall provide the defendant any evidence favorable

to the defendant if such evidence is material to either guilt or

punishment.

3. The prosecuting attorney's obligations under this standard

extend to:

a. material and information in the possession or control

of members of the prosecutor's staff,

Oklahoma Statutes - Title 22. Criminal Procedure Page 567

b. any information in the possession of law enforcement

agencies that regularly report to the prosecutor of

which the prosecutor should reasonably know, and

c. any information in the possession of law enforcement

agencies who have reported to the prosecutor with

reference to the particular case of which the

prosecutor should reasonably know.

4. a. If the state intends to introduce testimony of a

jailhouse informant, the state shall disclose at least

ten (10) days prior to trial:

(1) the complete criminal history of such informant,

including any dismissed charges,

(2) any deal, promise, inducement or benefit that the

state or law enforcement agency has made or may

make in the future to the jailhouse informant in

connection with the testimony of such informant,

(3) the specific statements or recordings made by the

suspect or defendant and the time, place and

manner of the disclosure to the jailhouse

informant,

(4) all other filed cases in which the state intended

to introduce the testimony of the jailhouse

informant in connection with a deal, promise,

inducement or benefit, the nature of the deal,

promise, inducement or benefit, and whether the

testimony was admitted in the case,

(5) whether at any time the jailhouse informant

recanted the testimony or statement, and if so, a

transcript or copy of such recantation, if any,

and

(6) any other information relevant to the credibility

of the informant.

b. Each district attorney's office shall maintain a

central record that tracks each case in which the

state intended to introduce the testimony of the

jailhouse informant against a suspect or defendant in

connection with a deal, promise, inducement or

benefit, the nature of the deal, promise, inducement

or benefit and whether such testimony or statements

were admitted in the case. Such record shall be sent

to the District Attorneys Council which shall maintain

a statewide record of such information. Records

maintained pursuant to this paragraph shall only be

accessible to prosecutors and shall not be subject to

the Oklahoma Open Records Act. By September 15 of

each year, the District Attorneys Council shall

publish an annual report of aggregate, de-identified

Oklahoma Statutes - Title 22. Criminal Procedure Page 568

data regarding the total number of cases tracked

pursuant to this section, and the number of cases

added during the previous fiscal year pursuant to this

section by each district attorney's office. A copy of

the report shall be distributed to the Governor, the

President Pro Tempore of the Senate, the Speaker of

the House of Representatives and the chairs of the

Senate and House Judiciary Committees.

c. For purposes of this paragraph, "jailhouse informant"

means a person who provides, or who the prosecutor

intends to provide, testimony about admissions or

other relevant information made to him or her by the

suspect or defendant while both persons were detained

or incarcerated in a penal institution.

B. Disclosure of Evidence by the Defendant.

1. Upon request of the state, the defense shall be required to

disclose the following:

a. the names and addresses of witnesses which the defense

intends to call at trial, together with their

relevant, written or recorded statement, if any, or if

none, significant summaries of any oral statement,

b. the name and address of any witness, other than the

defendant, who will be called to show that the

defendant was not present at the time and place

specified in the information or indictment, together

with the witness' statement to that fact,

c. the names and addresses of any witness the defendant

will call, other than himself, for testimony relating

to any mental disease, mental defect, or other

condition bearing upon his mental state at the time

the offense was allegedly committed, together with the

witness' statement of that fact, if the statement is

redacted by the court to preclude disclosure of

privileged communication.

2. A statement filed under subparagraph a, b or c of paragraph

1 of subsection A or B of this section is not admissible in evidence

at trial. Information obtained as a result of a statement filed

under subsection A or B of this section is not admissible in

evidence at trial except to refute the testimony of a witness whose

identity subsection A of this section requires to be disclosed.

3. Upon the prosecuting attorney's request after the time set

by the court, the defendant shall allow him access at any reasonable

times and in any reasonable manner to inspect, photograph, copy, or

have reasonable tests made upon any book, paper, document,

photograph, or tangible object which is within the defendant's

possession or control and which:

Oklahoma Statutes - Title 22. Criminal Procedure Page 569

a. the defendant intends to offer in evidence, except to

the extent that it contains any communication of the

defendant, or

b. is a report or statement as to a physical or mental

examination or scientific test or experiment made in

connection with the particular case prepared by and

relating to the anticipated testimony of a person whom

the defendant intends to call as a witness, provided

the report or statement is redacted by the court to

preclude disclosure of privileged communication.

C. Continuing Duty to Disclose.

If, prior to or during trial, a party discovers additional

evidence or material previously requested or ordered, which is

subject to discovery or inspection under the Oklahoma Criminal

Discovery Code, such party shall promptly notify the other party,

the attorney of the other party, or the court of the existence of

the additional evidence or material.

D. Time of Discovery.

1. Motions for discovery may be made at the time of the

district court arraignment or thereafter; provided that requests for

police reports may be made subject to the provisions of Section 258

of this title. However, a request pursuant to Section 258 of this

title shall be subject to the discretion of the district attorney.

All issues relating to discovery, except as otherwise provided, will

be completed at least ten (10) days prior to trial. The court may

specify the time, place and manner of making the discovery and may

prescribe such terms and conditions as are just.

2. Within thirty (30) days of the filing of an endorsed

complaint, indictment, or information in a court of record, law

enforcement shall provide to the prosecuting agency the following

records, if such records exist:

a. body camera videos at the time of arrest,

b. vehicle-mounted camera videos at the time of arrest,

and

c. a recording of the administration of a sobriety test.

3. Within ninety (90) days of the filing of an endorsed

complaint, indictment, or information, the prosecuting agency shall

make available the records described in paragraph 2 of this

subsection to the defendant or his or her representative.

4. Failure of a law enforcement agency to comply with the

provisions of paragraph 2 of this subsection may be punished by

contempt.

5. The following information may be redacted by the prosecuting

agency from the records provided to a defendant or his or her

representative as required by the provisions of paragraph 3 of this

subsection; provided that, notice of such redactions are given to

the defendant or to his or her representative:

Oklahoma Statutes - Title 22. Criminal Procedure Page 570

a. information that would violate any requirement to keep

certain juvenile records confidential as provided for

in Title 10A of the Oklahoma Statutes,

b. information that would materially compromise an

ongoing criminal investigation or ongoing criminal

prosecution other than the case involving the

defendant,

c. information that would undermine the assertion of a

privilege to keep the identity of an informant

confidential as provided for in Section 2510 of Title

12 of the Oklahoma Statutes,

d. information that would identify any person who

provides information to law enforcement or the

information provided by that person when that person

requests anonymity or where disclosure of the identity

of the person or the information provided could

reasonably be expected to threaten or endanger the

physical safety or property of the person or the

physical safety or property of others, or

e. require production of records or videos that fall

outside the scope permitted under the provisions of

paragraph 2 of this subsection.

E. Regulation of Discovery.

1. Protective and Modifying Orders. Upon motion of the state

or defendant, the court may at any time order that specified

disclosures be restricted, or make any other protective order. If

the court enters an order restricting specified disclosures, the

entire text of the material restricted shall be sealed and preserved

in the records of the court to be made available to the appellate

court in the event of an appeal.

2. Failure to Comply with a Request. If at any time during the

course of the proceedings it is brought to the attention of the

court that a party has failed to comply with this rule, the court

may order such party to permit the discovery or inspection, grant

continuance, or prohibit the party from introducing evidence not

disclosed, or it may enter such other order as it deems just under

the circumstances.

3. The discovery order shall not include discovery of legal

work product of either attorney which is deemed to include legal

research or those portions of records, correspondence, reports, or

memoranda which are only the opinions, theories, or conclusions of

the attorney or the attorney's legal staff.

F. Reasonable cost of copying, duplicating, videotaping,

developing or any other cost associated with this Code for items

requested shall be paid by the party so requesting; however, any

item which was obtained from the defendant by the state of which

copies are requested by the defendant shall be paid by the state.

Oklahoma Statutes - Title 22. Criminal Procedure Page 571

Provided, if the court determines the defendant is indigent and

without funds to pay the cost of reproduction of the required items,

the cost shall be paid by the Indigent Defender System, unless

otherwise provided by law.
Okla. Stat. tit. 22, § 22-707 — OK Code / Title 22 / Section 22-707
Defendant's subpoenas
Status: in_force

The clerk of the court at which an indictment is to be tried,

must, at all times, upon the application of the defendant, and

without charge, issue as many blank subpoenas, under the seal of the

court and subscribed by him as clerk, for witnesses within the

state, as may be required by the defendant.
Okla. Stat. tit. 22, § 22-201 — OK Code / Title 22 / Section 22-201
Offense committed in presence of magistrate
Status: in_force

When a public offense is committed in the presence of a

magistrate, he may, by a verbal or written order, command any person

to arrest the offender, and may thereupon proceed as if the offender

had been brought before him on a warrant of arrest.

R.L. 1910, Sec. 5659.
Okla. Stat. tit. 22, § 22-1145.3 — OK Code / Title 22 / Section 22-1145.3
Definitions
Status: in_force

In this act, unless the context requires otherwise:

1. "Asylum state" means that state in which the defendant is

located;

2. "Demanding state" means that state, other than Oklahoma, in

which the accused is charged with committing criminal acts;

3. "Prosecuting attorney" means the attorney of the county,

parish or district, state or federal, wherein charges are filed; and

4. "Jurisdiction" means geographic division or subdivision in which

such prosecuting attorney has responsibility.
Okla. Stat. tit. 22, § 22-471.3 — OK Code / Title 22 / Section 22-471.3
Initial hearing
Status: in_force

A. At the initial hearing for consideration of an offender for

a drug court program, the district attorney shall determine whether:

1. The offender has approval to be considered for the drug

court program; and

2. Any statutory preclusion, other prohibition, or program

limitation exists and is applicable to considering the offender for

the program.

The district attorney may object to the consideration of an

offender for the drug court program at the initial hearing.

B. If the offender voluntarily consents to be considered for

the drug court program and has signed and filed the required form

requesting consideration, and no objection has been made by the

district attorney, the court may refer the offender for a drug court

investigation as provided in Section 471.4 of this title, and set a

date for a hearing to determine final eligibility for admittance

into the program.

C. Upon any objection of the district attorney for

consideration of an offender for the program, the court shall deny

consideration of the offender's request for participation in the

drug court program. Upon denial for consideration in the drug court

program at the initial hearing, the criminal case shall proceed in

the traditional manner. A denial of consideration of the offender

for the program shall not preclude any future consideration of the

offender for the drug court program with the approval of the

district attorney.
Okla. Stat. tit. 22, § 22-320 — OK Code / Title 22 / Section 22-320
Challenge to be made before jury is sworn - Exception
Status: in_force

Neither the state, nor a person held to answer a charge for a

public offense, can take advantage of any objection to the panel or

to an individual grand juror unless it be by challenge, and before

the grand jury is sworn, except that after the grand jury is sworn,

and before the indictment is found, the court may, in its

discretion, upon a good cause shown, receive and allow a challenge.
Okla. Stat. tit. 22, § 22-452 — OK Code / Title 22 / Section 22-452
Defendant's presence required for felonies
Status: in_force

If the indictment or information is for a felony the defendant

must be present, either in person or by videoconference, but if for

a misdemeanor only, the personal appearance is unnecessary, and the

defendant may appear upon the arraignment by counsel.

Oklahoma Statutes - Title 22. Criminal Procedure Page 179
Okla. Stat. tit. 22, § 22-732 — OK Code / Title 22 / Section 22-732
Transfer order - Additional conditions - Expenses of
Status: in_force

return of witness - Effective date.

A. An order to a witness and to a person having custody of the

witness shall provide for the return of the witness at the

conclusion of his testimony, proper safeguards for his custody, and

Oklahoma Statutes - Title 22. Criminal Procedure Page 229

reimbursement or prepayment by the requesting jurisdiction for all

expenses incurred in the production and return of the witness.

B. The order may prescribe any other condition the judge

determines to be proper or necessary.

C. The judge shall not require prepayment of expenses if the

judge directs and requires the requesting jurisdiction to accept

custody of the witness at the penal institution of this state in

which the witness is confined and to deliver the witness back to the

same or another penal institution of this state as specified by the

Oklahoma Department of Corrections at the conclusion of his

testimony.

D. An order does not become effective until the judge of the

state requesting the witness enters an order directing compliance

with the conditions prescribed.
Okla. Stat. tit. 22, § 22-511 — OK Code / Title 22 / Section 22-511
Demurrer overruled, defendant to plead
Status: in_force

If the demurrer be overruled, the court must permit the

defendant, at his election, to plead, which he must do forthwith, or

Oklahoma Statutes - Title 22. Criminal Procedure Page 204

at such time as the court may allow. If he does not plead, judgment

may be pronounced against him.
Okla. Stat. tit. 22, § 22-101 — OK Code / Title 22 / Section 22-101
Unlawful assemblage
Status: in_force

Where any number of persons, whether armed or not, are

unlawfully or riotously assembled, the sheriff and his deputies, the

officials governing the city or town, or the justices of the peace

and marshals and constables and police thereof, or any of them, must

go among the persons assembled, or as near to them as possible, and

command them in the name of the state, immediately to disperse.
Okla. Stat. tit. 22, § 22-407 — OK Code / Title 22 / Section 22-407
Words, how construed
Status: in_force

The words used in an indictment or information must be construed

in their usual acceptation, in common language, except words and

phrases defined by law, which are to be construed according to their

legal meaning.
Okla. Stat. tit. 22, § 22-436 — OK Code / Title 22 / Section 22-436
Charging of two or more defendants in same indictment or
Status: in_force

information - Counts.

Two or more defendants may be charged in the same indictment or

information if they are alleged to have participated in the same act

or transaction or in the same series of acts or transactions

constituting an offense or offenses. Such defendants may be charged

in one or more counts together or separately, provided that all of

the defendants charged together in the same indictment or

information are alleged to have participated in all of the same acts

or transactions charged.
Okla. Stat. tit. 22, § 22-1175.5 — OK Code / Title 22 / Section 22-1175.5
Questions to be answered in determining competency
Status: in_force

The jury or the court, as the case may be, shall answer the

following questions in determining the disposition of the person

whose competency is in question:

1. Is the person incompetent to undergo further criminal

proceedings at this time? If the answer is no, criminal proceedings

shall be resumed. If the answer is yes, the following questions

shall be answered.

2. Can the incompetency of the person be corrected within a

reasonable period of time, as defined by Section 1175.1 of this

title, through treatment, therapy or training?

3. Is the person incompetent because the person is

intellectually disabled as defined in Section 1408 of Title 10 of

the Oklahoma Statutes?

4. Is the person incompetent because the person is a person

requiring treatment as defined by Section 1-103 of Title 43A of the

Oklahoma Statutes?

5. If the answers to questions 3 and 4 are no, why is the

defendant incompetent?

6. Is the person presently dangerous as defined in Section

1175.1 of this title if released?
Okla. Stat. tit. 22, § 22-1015 — OK Code / Title 22 / Section 22-1015
Place of execution of judgment - Persons who may witness
Status: in_force

A. A judgment of death shall be executed at the Oklahoma State

Penitentiary at McAlester, Oklahoma, such prison to be designated by

the court by which judgment is to be rendered.

B. The judgment of execution shall take place under the

authority of the Director of the Department of Corrections and the

warden shall be present along with other necessary prison and

corrections officials to carry out the execution. The warden shall

invite the presence of a physician and the district attorney of the

county in which the crime occurred or a designee, the judge who

presided at the trial issuing the sentence of death, the chief of

police of the municipality in which the crime occurred, if

applicable, and lead law enforcement officials of any state, county

Oklahoma Statutes - Title 22. Criminal Procedure Page 361

or local law enforcement agency who investigated the crime or

testified in any court or clemency proceeding related to the crime,

including but not limited to the sheriff of the county where the

conviction occurred, to witness the execution; in addition, the

Secretary of Public Safety shall be invited as well as any other

personnel or correctional personnel deemed appropriate and approved

by the Director. The warden shall, at the request of the defendant,

permit the presence of such ministers chosen by the defendant, not

exceeding two, and any persons, relatives, or friends, not to exceed

five, as the defendant may name; provided, reporters from recognized

members of the news media shall be admitted upon proper

identification, application, and approval of the warden. The

identity of all persons or entities who participate in or administer

the execution process and persons or entities who produce or supply

the drugs, medical supplies, or medical equipment for the execution

shall be confidential and shall not be subject to discovery in any

civil or criminal proceedings. The confidentiality requirement and

discovery exemption required by this subsection shall be broadly

construed and shall include but not be limited to any documents,

records, photographs, or other information that the Director of the

Department of Corrections determines may identify or reasonably lead

directly or indirectly to the identification of any person or entity

who participates in or administers the execution process or any

person or entity who produces or supplies the drugs, medical

supplies, or medical equipment for the execution. The

confidentiality requirement and discovery exemption shall apply to

records existing prior to, on, or after the effective date of this

act. The purchase of drugs, medical supplies, or medical equipment

and any other expenditures necessary to carry out the execution

shall not be subject to the provisions of the Oklahoma Central

Purchasing Act.

C. In the event the defendant has been sentenced to death in

one or more criminal proceedings in this state, or has been

sentenced to death in this state and by one or more courts of

competent jurisdiction in another state or pursuant to federal

authority, or any combination thereof, and this state has priority

to execute the defendant, the warden shall invite the prosecuting

attorney or his or her designee, the judge, and the chief law

enforcement official from each jurisdiction where any death sentence

has issued. The officials designated in this subsection shall be

allowed to witness the execution or view the execution by closed

circuit television as determined by the Director of the Department

of Corrections.

D. A place shall be provided at the Oklahoma State Penitentiary

at McAlester so that individuals who are eighteen (18) years of age

or older and who are members of the immediate family of any deceased

victim of the defendant may witness the execution. The immediate

Oklahoma Statutes - Title 22. Criminal Procedure Page 362

family members shall be allowed to witness the execution from an

area that is separate from the area to which other nonfamily member

witnesses are admitted; provided, however, if there are multiple

deceased victims, the Department shall not be required to provide

separate areas for each family of each deceased victim. If

facilities are not capable or sufficient to provide all immediate

family members with a direct view of the execution, the Department

of Corrections may broadcast the execution by means of a closed

circuit television system to an area in which other immediate family

members may be located.

Immediate family members may request individuals not directly

related to the deceased victim but who serve a close supporting role

or professional role to the deceased victim or an immediate family

member including but not limited to a minister or licensed

counselor. The warden in consultation with the Director shall

approve or disapprove such requests. Provided further, the

Department may set a limit on the number of witnesses or viewers

within occupancy limits.

As used in this section, “members of the immediate family” means

the spouse, a child by birth or adoption, a stepchild, a parent, a

grandparent, a grandchild, a sibling of a deceased victim, or the

spouse of any immediate family member specified in this subsection.

E. Any surviving victim of the defendant who is eighteen (18)

years of age or older may view the execution by closed circuit

television with the approval of both the Director of the Department

of Corrections and the warden. The Director and warden shall

prioritize persons to view the execution, including immediate family

members, surviving victims, and supporting persons, and may set a

limit on the number of viewers within occupancy limits. Any

surviving victim approved to view the execution of the defendant may

have an accompanying support person as provided for members of the

immediate family of a deceased victim. As used in this subsection,

“surviving victim” means any person who suffered serious harm or

injury due to the criminal acts of the defendant of which the

defendant has been convicted in a court of competent jurisdiction.

R.L. 1910, § 5982. Amended by Laws 1913, c. 113, p. 209, § 9; Laws

1951, p. 64, § 1, emerg. eff. May 1, 1951; Laws 1992, c. 106, § 2,

eff. Sept. 1, 1992; Laws 1996, c. 28, § 1, emerg. eff. April 8,

1996; Laws 1997, c. 173, § 1, emerg. eff. May 7, 1997; Laws 1997, c.

357, § 8, emerg. eff. June 9, 1997; Laws 2004, c. 118, § 1, eff.

Nov. 1, 2004; Laws 2007, c. 358, § 7, eff. July 1, 2007; Laws 2009,

c. 275, § 3, eff. Nov. 1, 2009; Laws 2011, c. 70, § 2, eff. Nov. 1,

2011; Laws 2024, c. 234, § 1, emerg. eff. April 30, 2024.
Okla. Stat. tit. 22, § 22-706 — OK Code / Title 22 / Section 22-706
Issuing subpoenas for trial
Status: in_force

The district attorney may in like manner issue subpoena for

witnesses within the state, in support of an indictment or

information, to appear before the court at which it is to be tried.
Okla. Stat. tit. 22, § 22-1261 — OK Code / Title 22 / Section 22-1261
Seized property - Report and disposition
Status: in_force

In all cases where wines, whiskey, beer or other intoxicating

liquors mentioned in the Constitution or laws of this state or any

personal property used for the purpose of violating any of the

prohibitory liquor laws or gambling laws of this state, shall be

Oklahoma Statutes - Title 22. Criminal Procedure Page 483

seized by any officer or person with or without a search warrant,

such officer or person is hereby required within five (5) days to

make a written report under oath and file the same with the court

clerk of the proper or respective county where the same shall be so

seized, which report shall in detail state the name of the officer

or person making the seizure, the place where seized and an

inventory of the property, articles or intoxicating liquors so taken

into possession until the same shall be destroyed pursuant to the

orders of the court. Provided, that all liquors so seized shall be

preserved for use as evidence in the trial of any action growing out

of such seizure and all officers seizing any such liquors are hereby

required to mark the bottles or containers for identification by

writing thereon the date of the seizure and the name of the person

from whom seized.
Okla. Stat. tit. 22, § 22-746 — OK Code / Title 22 / Section 22-746
Bigamy, proof on trial for
Status: in_force

Upon a trial for bigamy, it is not necessary to prove either of

the marriages by the register, certificate or other record evidence

thereof, but the same may be proved by such evidence as is

admissible to prove a marriage in other cases, and when the second

marriage took place out of the state, proof of that fact accompanied

with proof of cohabitation thereafter in this state, is sufficient

to sustain the charge.
Okla. Stat. tit. 22, § 22-1115 — OK Code / Title 22 / Section 22-1115
Short title - Application
Status: in_force

Sections 1115 through 1115.5 of this title shall be known and

may be cited as the "State and Municipal Traffic, Water Safety, and

Wildlife Bail Bond Procedure Act". The provisions of the State and

Municipal Traffic, Water Safety, and Wildlife Bail Bond Procedure

Act shall not apply to parking or standing traffic violations.
Okla. Stat. tit. 22, § 22-1229 — OK Code / Title 22 / Section 22-1229
Execution of search warrant - Liberating person detained
Status: in_force

He may break open any outer or inner door or window of a house

for the purpose of liberating a person who, having entered to aid

him in the execution of the warrant, is detained therein, or when

necessary for his own liberation.
Okla. Stat. tit. 22, § 22-335 — OK Code / Title 22 / Section 22-335
Evidence for the accused - Procuring additional evidence
Status: in_force

The grand jurors, upon request of the accused, shall, and on

their own motion may, hear the evidence for the accused. It is

their duty to weigh all the evidence submitted to them and when they

have reason to believe that there is other evidence, they may order

such evidence to be produced, and for that purpose the State's

Attorney shall cause process to issue for the witnesses.
Okla. Stat. tit. 22, § 22-953 — OK Code / Title 22 / Section 22-953
Time for applying for new trial - Limitations
Status: in_force

The application for a new trial must be made before judgment is

entered; but the court or judge thereof may for good cause shown

allow such application to be made at any time within thirty (30)

days after the rendition of the judgment. A motion for a new trial

on the ground of newly discovered evidence may be made within three

(3) months after such evidence is discovered but no such motion may

be filed more than one (1) year after judgment is rendered, and if

on the ground that the grand jury was not properly drawn or

impaneled then the motion must be made within thirty (30) days after

the judgment is rendered.
Okla. Stat. tit. 22, § 22-387 — OK Code / Title 22 / Section 22-387
Forms and rules of pleading
Status: in_force

All forms of pleading in criminal actions, and rules by which

the sufficiency of pleadings is to be determined are those

prescribed by this code.
Okla. Stat. tit. 22, § 22-635 — OK Code / Title 22 / Section 22-635
Issue on the challenge - Trying sufficiency
Status: in_force

If the sufficiency of the facts alleged as a ground of challenge

be denied, the adverse party may except to the challenge. The

exception need not be in writing, but must be entered upon the

minutes of the court, and thereupon the court must proceed to try

the sufficiency of the challenge, assuming the facts alleged therein

to be true.
Okla. Stat. tit. 22, § 22-991f-1.0 — OK Code / Title 22 / Section 22-991f-1.0
Restitution and Diversion Program - Short title
Status: in_force

This section and Section 22 of this act shall be known and may

be cited as the “Restitution and Diversion Program”.
Okla. Stat. tit. 22, § 22-924 — OK Code / Title 22 / Section 22-924
Commitment upon conviction
Status: in_force

If a general verdict is rendered against the defendant he must

be remanded if in custody, or if on bail he may be committed to the

proper officer of the county to await the judgment of the court upon

the verdict. When committed his bail is exonerated, or if money is

deposited instead of bail it must be refunded to the defendant.
Okla. Stat. tit. 22, § 22-432 — OK Code / Title 22 / Section 22-432
Accessories and principals in felony
Status: in_force

The distinction between an accessory before the fact and a

principal, and between principals in the first and second degree, in

cases of felony, is abrogated, and all persons concerned in the

commission of a felony, whether they directly commit the act

constituting the offense, or aid and abet in its commission, though

not present, must be prosecuted, tried and punished as principals,

and no additional facts need be alleged in any indictment or

information against such an accessory than are required in an

indictment or information against his principal.

R.L. 1910, Sec. 5757.
Okla. Stat. tit. 22, § 22-584 — OK Code / Title 22 / Section 22-584
Postponement for cause
Status: in_force

When an indictment or information is called for trial, or at any

time previous thereto, the court may, upon sufficient cause shown by

either party, as in civil cases, direct the trial to be postponed to

another day in the same or next term.
Okla. Stat. tit. 22, § 22-7 — OK Code / Title 22 / Section 22-7
Signature
Status: in_force

The term "signature" includes a mark when the person cannot

write, the name being written near it, and the mark being witnessed

by a person who writes their name as a witness, except to an

affidavit or deposition, or a paper executed before a judicial

officer, in which case the attestation of the officer is sufficient.

The term "signature" also includes a digital or electronic

signature, as defined in Section 15-102 of Title 12A of the Oklahoma

Statutes.

R.L. 1910, § 5541. Amended by Laws 2008, c. 179, § 2, eff. Nov. 1,

2008; Laws 2021, c. 14, § 1, eff. Nov. 1, 2021.
Okla. Stat. tit. 22, § 22-764 — OK Code / Title 22 / Section 22-764
Application made to court or judge - Notice
Status: in_force

The application may be made to the court or to a judge thereof,

and must be made upon five (5) days notice to the counsel for the

opposing party, if any.

R.L. 1910, § 6028. Amended by Laws 1994, c. 292, § 8, eff. Sept. 1,

1994.
Okla. Stat. tit. 22, § 22-314 — OK Code / Title 22 / Section 22-314
Jury discharged if challenge allowed
Status: in_force

If a challenge to the panel be allowed, the grand jury must be

discharged.
Okla. Stat. tit. 22, § 22-257 — OK Code / Title 22 / Section 22-257
Duty of magistrate on examination - Subpoenas for
Status: in_force

witnesses.

At the examination the magistrate must, in the first place, read

to the defendant the complaint on file before him. He must, also,

after the commencement of the prosecution, issue subpoenas for any

witnesses required by the prosecutor or the defendant.

Oklahoma Statutes - Title 22. Criminal Procedure Page 143
Okla. Stat. tit. 22, § 22-60.12 — OK Code / Title 22 / Section 22-60.12
Foreign protective orders – Presumption of validity –
Status: in_force

Peace officers immune from liability.

A. It is the intent of the Legislature that all foreign

protective orders shall have the rebuttable presumption of validity,

even if the foreign protective order contains provisions which could

Oklahoma Statutes - Title 22. Criminal Procedure Page 96

not be contained in a protective order issued by an Oklahoma court.

The validity of a foreign protective order shall only be determined

by a court of competent jurisdiction. Until a foreign protective

order is declared invalid by a court of competent jurisdiction it

shall be given full faith and credit by all peace officers and

courts in the State of Oklahoma.

B. A peace officer of this state shall be immune from liability

for enforcing provisions of a foreign protective order.Oklahoma Statutes - Title 22. Criminal Procedure Page 2
Okla. Stat. tit. 22, § 22-812.2 — OK Code / Title 22 / Section 22-812.2
Right to speedy trial – Review process
Status: in_force

A. Whenever the court finds that a case should be reviewed to

determine if the right of an accused to a speedy trial is being

protected, the court shall:

1. Issue notice to the district attorney, the accused, and the

attorney for the accused that the case will be reviewed by the court

at a date and time which is not less than ten (10) days nor more

than twenty (20) days from the date of the notice. Each party shall

have the opportunity to present evidence or legal authority in

support of its position; and

Oklahoma Statutes - Title 22. Criminal Procedure Page 243

2. Take evidence from both parties regarding the

appropriateness of the cause for the delay. At the hearing, the

court shall consider whether the delay has occurred for any of the

following reasons:

a. the extent to which the delay is the result of the

application of the accused or an attorney on behalf of

the accused,

b. the extent to which the delay is the result of the

fault of the accused or the attorney for the accused,

c. the accused is incompetent to stand trial,

d. a proceeding to determine the competency of the accused

to stand trial is pending and a determination cannot be

completed within the time limitations fixed for trial,

e. there is material evidence or a material witness which

is unavailable and that reasonable efforts have been

made to procure such evidence or witness, and there are

reasonable grounds to believe that such evidence or

witness can be obtained and trial commenced within a

reasonable time,

f. the accused is charged as a codefendant or

coconspirator and the court has determined that the

codefendants or coconspirators must be tried before

separate juries taken from separate jury panels,

g. the court has other cases pending for trial that are

for persons incarcerated prior to the case in question,

and the court does not have sufficient time to commence

the trial of the case within the time limitation fixed

for trial; provided, the case shall be commenced as

soon as practicable,

h. the court, state, accused, or the attorney for the

accused is incapable of proceeding to trial due to

illness or other exigent reason and it is unreasonable

to reassign the case,

i. no court reporter is available for the trial of the

case; provided, if the delay is pursuant to this

subparagraph, a court reporter shall be assigned within

sixty (60) days of the hearing, and

j. due to other reasonable grounds the court does not have

sufficient time to commence the trial of the case

within the time limit fixed for trial; provided, the

court shall commence the trial case as soon thereafter

as practicable.

B. After hearing all the evidence and the legal arguments

properly submitted, if the court finds by a preponderance of the

evidence that none of the exceptions set out in paragraph 2 of

subsection A of this section justify additional delay and the right

of the accused to a speedy trial as provided in this section and

Oklahoma Statutes - Title 22. Criminal Procedure Page 244

Section 812.1 of this title has been violated, the court shall

dismiss the case.

C. If a preliminary hearing has been held, the case may be

refiled upon a showing of newly discovered evidence which could not

have been discovered prior to trial, unless the applicable statute

of limitations has expired.

D. If a preliminary hearing has not been held, the case may be

refiled upon good cause shown unless any applicable statute of

limitations has expired.

E. After hearing all the evidence and the legal arguments

properly submitted, if the court finds that the right of the accused

to a speedy trial has not been violated, the court shall set the

case for review within three (3) months. If the case is still

pending after the three-month period, the court shall conduct

another review. The review of pending cases shall be a continuing

responsibility of the court until final disposition of the case.
Okla. Stat. tit. 22, § 22-222 — OK Code / Title 22 / Section 22-222
Taking prisoner before magistrate
Status: in_force

If an arrest is made in this state by an officer of another

state in accordance with the provisions of Section 1 of this act he

shall without unnecessary delay take the person arrested before a

magistrate of the county in which the arrest was made, who shall

conduct a hearing for the purpose of determining the lawfulness of

the arrest. If the magistrate determines that the arrest was lawful

he shall commit the person arrested to await for a reasonable time

the issuance of an extradition warrant by the Governor of this state

or admit him to bail for such purpose. If the magistrate determines

that the arrest was unlawful he shall discharge the person arrested.
Okla. Stat. tit. 22, § 22-741 — OK Code / Title 22 / Section 22-741
Overt act in conspiracy
Status: in_force

Upon a trial for conspiracy, in a case where an overt act is

necessary to constitute the offense, the defendant cannot be

convicted unless one or more overt acts be expressly alleged in the

indictment or information, nor unless one or more of the acts

alleged be proved; but any other overt act, not alleged in the

indictment may be given in evidence.
Okla. Stat. tit. 22, § 22-716 — OK Code / Title 22 / Section 22-716
Disobedience to subpoena
Status: in_force

Disobedience to a subpoena, or a refusal to be sworn or to

testify, may be punished by the court or magistrate, as for a

criminal contempt, in the manner provided in civil procedure.
Okla. Stat. tit. 22, § 22-988.19 — OK Code / Title 22 / Section 22-988.19
Sentencing
Status: in_force

A. When ordering a community sentence or community punishment,

the court shall first impose a deferred or suspended sentence for

the offense as prescribed by law, and shall then order the

appropriate community punishment as a condition of that deferred or

suspended sentence. The design of the community punishment shall be

based upon the supervision and intervention report from the risk and

needs assessment. The local community sentencing system

administrator shall have authority for all offender placements

within the local community sentencing system pursuant to the court-

ordered community sentence.

B. Persons convicted of or pleading guilty or nolo contendere

to a combination of misdemeanor and felony offenses may receive

services from a local community sentencing system when the county

agrees in writing to pay the Community Sentencing Division within

the Department of Corrections for the actual costs of services used

Oklahoma Statutes - Title 22. Criminal Procedure Page 311

for misdemeanor cases. No state funds shall be used to pay for

misdemeanor offenses.

C. Any time during the term of a community sentence, the court

imposing the sentence may modify any previous provision as provided

in this section.

D. Upon consideration of a properly filed motion to modify a

community sentence pursuant to the provisions of this section, the

staff of the community sentencing system in which the offender is

ordered to participate, the sheriff, the district attorney, the

service provider, or any agency or person providing supervision of

the offender shall provide the court with any reports and other

information available and relating to the offender, and to the

reason for the motion to modify the sentence. The court shall

consider any reports and information submitted prior to modifying

the sentence.

E. If the court considers a motion to modify a community

sentence, a hearing shall be held in open court. The notice of the

hearing shall be given to the offender, the offender's legal

counsel, and the district attorney of the county in which the

offender was convicted not less than ten (10) days prior to the

hearing. A copy of any reports to be presented to the court shall

accompany the notice of hearing.

F. Following the hearing, the court shall enter the appropriate

order authorized by law. The court may modify any community

sentence by imposing any other punishment allowed by law for the

offense and appropriate for the circumstances as determined by the

discretion of the judge; provided, however, no punishment shall be

imposed which is greater than the maximum punishment allowed by law

for the original offense. The court shall give the offender day-

for-day credit on any modified sentence for any term of

incarceration imposed. The court may impose either a disciplinary

sanction or an incentive as provided in Section 988.20 of this title

in lieu of or together with any modification authorized by this

section.

G. The court shall not be limited on the number of

modifications a sentence may have within the term of the community

sentence.

H. Any offender who files a meritless or frivolous motion to

modify a community sentence shall pay the costs of the proceeding

and may be sanctioned as deemed appropriate by the court.

I. The court may revoke or accelerate a community punishment to

the original sentence imposed during the term of the sentence. When

a community sentence is revoked to state imprisonment, the court

shall give a day-for-day credit for any term of incarceration

actually served as community punishment.
Okla. Stat. tit. 22, § 22-463 — OK Code / Title 22 / Section 22-463
Commitment order, execution of
Status: in_force

If the defendant is present when the order is made he must be

forthwith committed accordingly. If he is not present, a bench

warrant must be issued and proceeded upon in the manner provided in

this chapter.
Okla. Stat. tit. 22, § 22-1187 — OK Code / Title 22 / Section 22-1187
Objection to accusation
Status: in_force

If he object to the legal sufficiency of the accusation the

objection must be in writing but need not be in any specific form,

it being sufficient if it present intelligibly the ground of the

objections.
Okla. Stat. tit. 22, § 22-1141.21 — OK Code / Title 22 / Section 22-1141.21
Recalling warrant - New warrant
Status: in_force

The Governor may recall his warrant of arrest or may issue another

warrant whenever he deems proper.
Okla. Stat. tit. 22, § 22-60.17 — OK Code / Title 22 / Section 22-60.17
Consideration of certain victims' safety prior to release of defendant on bond -
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 3release of defendant on bond - Emergency protective and restraining

orders - GPS monitoring.

The court shall consider the safety of any and all alleged

victims of domestic violence, stalking, harassment, sexual assault,

or forcible sodomy where the defendant is alleged to have violated a

protective order, committed domestic assault and battery, stalked,

sexually assaulted, or forcibly sodomized the alleged victim or

victims prior to the release of the alleged defendant from custody

on bond. The court, after consideration and to ensure the safety of

the alleged victim or victims, may issue an emergency protective

order pursuant to the Protection from Domestic Abuse Act. The court

may also issue to the alleged victim or victims an order restraining

the alleged defendant from any activity or action from which they

may be restrained under the Protection from Domestic Abuse Act. The

court shall not consider a "no contact order as condition of bond"

as a factor when determining whether the petitioner is eligible for

relief. The protective order shall remain in effect until either a

plea has been accepted, sentencing has occurred in the case, the

case has been dismissed, or until further order of the court

dismissing the protective order. In conjunction with any protective

order or restraining order authorized by this section, the court may

order the defendant to use an active, real-time, twenty-four-hour

Global Positioning System (GPS) monitoring device for such term as

the court deems appropriate. Upon application of the victim, the

court may authorize the victim to monitor the location of the

defendant. Such monitoring by the victim shall be limited to the

ability of the victim to make computer or cellular inquiries to

determine if the defendant is within a specified distance of

Oklahoma Statutes - Title 22. Criminal Procedure Page 103

locations, excluding the residence or workplace of the defendant, or

to receive a computer- or a cellular-generated signal if the

defendant comes within a specified distance of the victim. The

court shall conduct an annual review of the monitoring order to

determine if such order to monitor the location of the defendant is

still necessary. Before the court orders the use of a GPS device,

the court shall find that the defendant has a history that

demonstrates an intent to commit violence against the victim,

including, but not limited to, prior conviction for an offense under

the Protection from Domestic Abuse Act or any other violent offense,

or any other evidence that shows by a preponderance of the evidence

that the defendant is likely to commit violence against the victim.

The court may further order the defendant to pay costs and expenses

related to the GPS device and monitoring.
Okla. Stat. tit. 22, § 22-50 — OK Code / Title 22 / Section 22-50
Person must appear in district court
Status: in_force

A person who has entered into an undertaking to keep the peace

must appear on the first day of the next term of the district court

of the county. If he do not, the court may forfeit his undertaking,

and order it to be prosecuted unless his default be excused.
Okla. Stat. tit. 22, § 22-60.14 — OK Code / Title 22 / Section 22-60.14
Address confidentiality program
Status: in_force

A. The Legislature finds that persons attempting to escape from

actual or threatened domestic violence, sexual assault, stalking,

human trafficking, or child abduction, frequently establish new

addresses in order to prevent their assailants or probable

assailants from finding them. The purpose of this section is to

enable state and local agencies to respond to requests for public

records without disclosing the location of a victim of domestic

abuse, sexual assault, stalking, human trafficking, or child

abduction, to enable interagency cooperation with the Attorney

General in providing address confidentiality for victims of domestic

abuse, sexual assault, stalking, human trafficking, or child

abduction, and to enable state and local agencies to accept an

address designated by the Attorney General by a program participant

as a substitute mailing address.

B. As used in this section:

1. "Address" means a residential street address, school

address, or work address of an individual, as specified on the

application of an individual to be a program participant under this

section;

2. "Program participant" means a person certified as a program

participant under this section;

3. "Domestic abuse" means an act as defined in Section 60.1 of

this title and includes a threat of such acts committed against an

individual in a domestic situation, regardless of whether these acts

or threats have been reported to law enforcement officers;

4. "Stalking" means an act as defined in Section 60.1 of this

title regardless of whether the acts have been reported to law

enforcement;

5. "Human trafficking" means human trafficking, human

trafficking for labor, and human trafficking for commercial sex as

defined in paragraphs 4 through 6 of subsection A of Section 748 of

Title 21 of the Oklahoma Statutes; and

6. "Child abduction" means the abduction of a person pursuant

to Section 1119 of Title 21 of the Oklahoma Statutes.

Oklahoma Statutes - Title 22. Criminal Procedure Page 97

C. The Address Confidentiality Program shall be staffed by

unclassified employees, who have been subjected to a criminal

history records search.

D. 1. An adult person, a parent or guardian acting on behalf

of a minor, or a guardian acting on behalf of an incapacitated

person, as defined by Section 1-111 of Title 30 of the Oklahoma

Statutes, may apply to the Attorney General to have an address

designated by the Attorney General serve as the address of the

person or the address of the minor or incapacitated person. The

Attorney General shall approve an application if it is filed in the

manner and on the form prescribed by the Attorney General and if it

contains:

a. a sworn statement by the applicant that the applicant

has good reason to believe:

(1) that the applicant, or the minor or incapacitated

person on whose behalf the application is made,

is a victim of domestic abuse, sexual assault,

stalking, human trafficking, or child abduction,

and

(2) that the applicant fears for the safety of self

or children, or the safety of the minor or

incapacitated person on whose behalf the

application is made,

b. a designation of the Attorney General as agent for

purposes of service of process and for the purpose of

receipt of mail,

c. the mailing address where the applicant can be

contacted by the Attorney General, and the phone

number or numbers where the applicant can be called by

the Attorney General,

d. the new address or addresses that the applicant

requests not be disclosed for the reason that

disclosure will increase the risk of domestic abuse,

sexual assault, stalking, human trafficking, or child

abduction, and

e. the signature of the applicant and application

assistant who assisted in the preparation of the

application, and the date on which the applicant

signed the application.

2. An adult or minor child who resides with the applicant who

also needs to be a program participant in order to ensure the safety

of the applicant may apply. Each adult living in the household must

complete a separate application. An adult may apply on behalf of a

minor.

3. Applications shall be filed with the Office of the Attorney

General.

Oklahoma Statutes - Title 22. Criminal Procedure Page 98

4. Upon filing a properly completed application, the Attorney

General shall certify the applicant as a program participant.

Applicants shall be certified for four (4) years following the date

of filing unless the certification is withdrawn or invalidated

before that date. The Attorney General shall by rule establish a

renewal procedure.

5. A person who falsely attests in an application that

disclosure of the address of the applicant would endanger the safety

of the applicant or the safety of the children of the applicant or

the minor or incapacitated person on whose behalf the application is

made, or who knowingly provides false or incorrect information upon

making an application, may be found guilty of perjury under Sections

500 and 504 of Title 21 of the Oklahoma Statutes.

E. 1. If the program participant obtains a name change, the

participant loses certification as a program participant.

2. The Attorney General may cancel the certification of a

program participant if there is a change in the residential address,

unless the program participant provides the Attorney General notice

no later than seven (7) days after the change occurs.

3. The Attorney General may cancel certification of a program

participant if mail forwarded by the Attorney General to the address

of the program participant is returned as nondeliverable.

4. The Attorney General shall cancel certification of a program

participant who applies using false information.

F. 1. A program participant may request that state and local

agencies use the address designated by the Attorney General as the

address of the participant. When creating a new public record,

state and local agencies shall accept the address designated by the

Attorney General as a substitute address for the program

participant, unless the Attorney General has determined that:

a. the agency has a bona fide statutory or administrative

requirement for the use of the address which would

otherwise be confidential under this section, and

b. this address will be used only for those statutory and

administrative purposes.

2. A program participant may use the address designated by the

Attorney General as a work address.

3. The Office of the Attorney General shall forward all first

class, certified and registered mail to the appropriate program

participants for no charge. The Attorney General shall not be

required to track or otherwise maintain records of any mail received

on behalf of a participant unless the mail is certified or

registered mail.

G. The Attorney General may not make any records in a file of a

program participant available for inspection or copying, other than

the address designated by the Attorney General, except under the

following circumstances:

Oklahoma Statutes - Title 22. Criminal Procedure Page 99

1. If directed by a court order, to a person identified in the

order; or

2. To verify the participation of a specific program

participant to a state or local agency, in which case the Attorney

General may only confirm information supplied by the requester.

No employee of a state or local agency shall knowingly and

intentionally disclose a program participant's actual address unless

disclosure is permitted by law.

H. The Attorney General shall designate state and local

agencies, federal government, federally recognized tribes, and

nonprofit agencies to assist persons in applying to be program

participants. A volunteer or employee of a designated entity that

provides counseling, referral, shelter, or other services to victims

of domestic abuse, sexual assault, stalking, human trafficking, or

child abduction, and has been trained by the Attorney General shall

be known as an application assistant. Any assistance and counseling

rendered by the Office of the Attorney General or an application

assistant to applicants shall in no way be construed as legal

advice.

I. The Attorney General may enter into agreements with the

federal government and federally recognized tribes in this state or

other entities for purposes of the implementation of the Address

Confidentiality Program including the use and acceptance of the

substitute address designated by the Attorney General.

J. Effective July 1, 2008, all administrative rules promulgated

by the Office of the Secretary of State to implement this program

shall be transferred to and become part of the administrative rules

of the Office of the Attorney General. The Office of Administrative

Rules in the Office of the Secretary of State shall provide adequate

notice in "The Oklahoma Register" of the transfer of such rules, and

shall place the transferred rules under the Administrative Code

section of the Attorney General. Such rules shall continue in force

and effect as rules of the Office of the Attorney General from and

after July 1, 2008, and any amendment, repeal or addition to the

transferred rules shall be under the jurisdiction of the Attorney

General. The Attorney General shall adopt and promulgate rules to

implement this program, as applicable.

K. Beginning July 1, 2008, the Director of the Address

Confidentiality Program shall cease to be a position within the

Office of the Secretary of State. All unexpended funds, property,

records, personnel, and outstanding financial obligations and

encumbrances related to the position and the Office of Address

Confidentiality Program with the Office of the Secretary of State

shall be transferred to the Office of the Attorney General. All

personnel shall retain their employment position and status as

unclassified employees, any leave, sick and annual time earned, and

Oklahoma Statutes - Title 22. Criminal Procedure Page 100

any retirement and longevity benefits which have accrued during

tenure with the Office of the Secretary of State.
Okla. Stat. tit. 22, § 22-1095 — OK Code / Title 22 / Section 22-1095
Compact administrator
Status: in_force

Upon the effectiveness of the Interstate Compact for Interstate

Adult Offender Supervision through adoption by thirty-five states,

the Council shall employ a compact administrator to oversee the

organization and activities of the Council and to administer this

state’s participation in the Compact, subject to the Council’s

direction. The compact administrator shall serve as this state’s

commissioner on the Interstate Commission for Adult Offender

Supervision. In the event the compact administrator cannot attend a

meeting of the Interstate Commission, the Council shall appoint a

Council member to represent this state at the meeting. The salary

of the compact administrator shall be set by law. The position of

compact administrator shall be an unclassified position.
Okla. Stat. tit. 22, § 22-1373.7 — OK Code / Title 22 / Section 22-1373.7
Appeals
Status: in_force

An appeal under the provisions of the Postconviction DNA Act may

be taken in the same manner as any other appeal.
Okla. Stat. tit. 22, § 22-1306 — OK Code / Title 22 / Section 22-1306
Certificate of sufficient cause - Proceedings by grand
Status: in_force

jury or district attorney.

If the magistrate return a certificate that there is sufficient

cause to believe the corporation guilty of the offense charged, the

grand jury or district attorney may proceed thereon, as in the case

of a natural person held to answer.
Okla. Stat. tit. 22, § 22-1135 — OK Code / Title 22 / Section 22-1135
Foreign arrests - Fees or rewards forbidden
Status: in_force

No compensation, fee, or reward of any kind can be paid to, or

received by a public officer of this state for a service rendered or

expense incurred in procuring from the Governor the demand mentioned

in the last section, or the surrender of the fugitive, or for

conveying him to this state, or detaining him herein, except as

provided in the last section.
Okla. Stat. tit. 22, § 22-1410 — OK Code / Title 22 / Section 22-1410
Disposal of forfeited property
Status: in_force

A. Upon approval of the district court, the Attorney General or

district attorney shall dispose of all property ordered forfeited in

any criminal proceeding pursuant to the provisions of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act as soon as

feasible, making due provisions for the rights of innocent parties,

by:

1. Public sale;

2. Transfer to a state, county or local governmental agency for

official use;

3. Sale or transfer to an innocent party; or

4. Destruction, if the property is not needed for evidence in

any pending criminal or civil proceeding.

B. Any property right not exercisable by, or transferable for

value to the state shall not revert to the defendant. No defendant

or any person acting in concert with the defendant or on behalf of

the defendant shall be eligible to purchase forfeited property from

the state.

C. With respect to property ordered forfeited in any criminal

proceeding pursuant to the provisions of the Oklahoma Racketeer-

Influenced and Corrupt Organizations Act, the Attorney General,

district attorney or other prosecutorial officer designated by the

Attorney General is authorized to:

1. Compromise claims;

2. Award compensation to persons providing information

resulting in a forfeiture pursuant to the provisions of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act; and

3. Petition the court to mitigate or remit a forfeiture or to

restore forfeited property to victims of a violation of Section

1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations

Act.

D. The proceeds of any sale or other disposition of forfeited

property imposed pursuant to the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act shall be applied as follows:

1. To a bona fide innocent purchaser, conditional sales vendor,

or mortgagee of the forfeited property up to the amount of the

interest held by the person in the forfeited property;

2. To the fees and costs of the forfeiture and sale, including

expenses of seizure, maintenance, and custody of the property

pending its disposition, advertising, and the court costs;

3. To all costs and expenses of investigation and prosecution,

including costs of resources and personnel incurred in investigation

and prosecution; and

Oklahoma Statutes - Title 22. Criminal Procedure Page 548

4. The balance to the credit of the Attorney General, district

attorney, or law enforcement agencies in such proportions as are

represented by the costs and expenses of investigation and

prosecution as provided in the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act.
Okla. Stat. tit. 22, § 22-735 — OK Code / Title 22 / Section 22-735
Order directing compliance with terms and conditions of
Status: in_force

order from another state.

A judge of the court in this state may enter an order directing

compliance with the terms and conditions of an order specified in a

Oklahoma Statutes - Title 22. Criminal Procedure Page 230

certificate pursuant to Section 3 of this act and entered by the

judge of the state in which the witness is confined.
Okla. Stat. tit. 22, § 22-1327 — OK Code / Title 22 / Section 22-1327
Disposition of exhibits
Status: in_force

A. All exhibits which have been introduced, filed, or held in

custody of the state in any criminal action or proceeding may be

disposed of as provided for in this section.

B. The court may, on application of the party entitled thereto,

or an agent designated in writing by the owner, order all such

exhibits, other than documentary exhibits, as may be released from

the custody of the court or the state, without prejudice to the

Oklahoma Statutes - Title 22. Criminal Procedure Page 497

state, delivered to such party at any time after the final

determination of the action or proceedings; provided, however, where

the action or proceeding has resulted in an order granting

probation, such delivery may be made any time after the final

determination of an appeal of such order, or after the time for such

appeal has elapsed. Provided, further, if the owner of such exhibit

is the victim of the offense for which such exhibit is held, said

owner may make application to the court at any time prior to the

final disposition of the action or proceeding for the return of the

exhibit. The applicant shall notify the last person in possession

of such exhibit prior to such exhibit being seized by the state of

the hearing by mailing a copy of the notice by certified mail return

receipt requested at the last-known address of such person, unless

such person has signed a nonownership affidavit pursuant to Section

1321 of this title disclaiming any ownership rights to such exhibit.

If the last person in possession of the property is unable to be

served notice by said certified mail, notice shall be provided by

one publication in a newspaper of general circulation in the county

where the property is held in custody. The applicant shall notify

the district attorney and the court when notice has been served to

the last person in possession of such property or published pursuant

to this section. The hearing shall be held not less than ten (10)

days or more than twenty (20) days after the court has been notified

that the notice has been served or published. In the event the

court orders the release of said exhibit to the owner, the district

attorney shall photograph or mark said exhibit with an

identification number and return the exhibit to the owner within ten

(10) days of the court order. The court may authorize ten (10) days

additional time for the return of such exhibit if the district

attorney shows cause that additional time is needed to photograph or

mark such exhibit. Such photograph or marked exhibit may be

presented as the exhibit in any further action or proceeding. If

the party entitled to such exhibits is unknown, or fails to apply

for the return of such exhibits, the procedure for their disposition

shall be as follows:

1. After the expiration of six (6) months from the time the

conviction becomes final, or if the action or proceeding has not

resulted in a conviction, at any time after the judgment has become

final, the court in which the case was tried shall make an order

specifying what exhibits may be released from the custody of the

court without prejudice to the state. Upon receipt of such an

order, the property shall be transferred to the county sheriff or

other proper governmental agency for sale to the public. At least

ten (10) days prior to such sale, notice of the sale shall be sent

by certified mail return receipt requested to the last person in

possession of such exhibit prior to such exhibit being seized by the

state at the last-known address of such person. Upon satisfactory

Oklahoma Statutes - Title 22. Criminal Procedure Page 498

proof being provided to the county sheriff or other proper

governmental agency holding the transferred exhibit that the last

person in possession of such exhibit was a lawful possessor, the

exhibit shall be released to the last person in possession of such

exhibit;

2. At any time prior to the time fixed for the transfer, the

owner or any person entitled to the possession of any of such

exhibits may obtain from the court an order returning them to him;

3. Articles not returned to their owners or to persons entitled

to their possession at or prior to the time set for the transfer

shall be sold by the proper receiving agency for cash. The articles

shall be sold singly or in combinations. The money received from

such sales shall be placed in the appropriate fund of the

governmental agency responsible for the sale;

4. Where the exhibit consists of money or currency and is

unclaimed at the time of the transfer, it shall not be transferred

but shall be immediately deposited in the appropriate fund of the

governmental agency in possession of such property; and

5. If any property is transferred to the county sheriff or

other governmental agency pursuant to this section it may be sold in

the manner provided by law for the sale of surplus personal

property. If the county sheriff or other proper governmental agency

determines that any such property transferred to it for sale is

needed for a public use, such property may be retained by the agency

and need not be sold.

C. The court may, on application of the party entitled thereto,

or an agent designated in writing by the owner, order such

documentary exhibits as may be released from the custody of the

court without prejudice to the state delivered to such party any

time after the final determination of the action or proceeding;

provided, however, where the action or proceeding has resulted in an

order granting probation, such delivery may be made any time after

the final determination of an appeal of such order, or after the

time for such appeal has elapsed. Provided, further, if the owner

of such exhibit is the victim of the offense for which such exhibit

is held, said owner may make application to the court at any time

prior to the final disposition of the action or proceeding for the

return of the exhibit. The applicant shall notify the last person

in possession of such exhibit prior to such exhibit being seized by

the state of the hearing by mailing a copy of the notice by

certified mail return receipt requested at the last-known address of

such person, unless such person has signed a nonownership affidavit

pursuant to Section 1321 of this title disclaiming any ownership

rights to such exhibit. If the last person in possession of the

property is unable to be served notice by said certified mail,

notice shall be provided by one publication in a newspaper of

general circulation in the county where the property is held in

Oklahoma Statutes - Title 22. Criminal Procedure Page 499

custody. The applicant shall notify the district attorney and the

court when notice has been served to the last person in possession

of such property or published pursuant to this section. The hearing

shall be held not less than ten (10) days or more than twenty (20)

days after the court has been notified that the notice has been

served or published. In the event the court orders the release of

said exhibit to the owner, the district attorney shall photograph or

mark said exhibit with an identification number and return the

exhibit to the owner within ten (10) days of the court order. The

court may authorize ten (10) days additional time for the return of

such exhibit if the district attorney shows cause that additional

time is needed to photograph or mark such exhibit. Such photograph

or marked exhibit may be presented as the exhibit in any further

action or proceeding. If the party entitled to such documentary

exhibits is unknown, or fails to apply for the return of said

exhibits, the procedure for their disposition shall be as follows:

1. After the expiration of six (6) months from the time the

conviction becomes final, or if the action or proceeding has not

resulted in a conviction, at any time after the judgment has become

final, the court in which the case was tried shall make an order

requiring such exhibits to be destroyed; provided, that no such

order shall be made authorizing the destruction of any documentary

exhibit if the destruction of such exhibit would prejudice the

state;

2. No exhibit shall be destroyed or otherwise disposed of until

sixty (60) days after the clerk of the court has posted a notice

conspicuously in three public places in the county, referring to the

order for the disposition, describing briefly the exhibit, and

indicating the date after which the exhibit will be destroyed or

otherwise disposed of.

D. The provisions of subsection B of this section shall not

apply to any dangerous or deadly weapons, narcotic or poisonous

drugs, explosives, or any property of any kind or character

whatsoever the possession of which is prohibited by law. Any such

property filed as an exhibit or held by the state shall be, by order

of the trial court, destroyed or sold or otherwise disposed of under

the conditions prescribed in such order. This act shall not be

interpreted to authorize the return of any property, the possession

of which is prohibited by law.

E. The disposition of biological evidence, as defined by

Section 1 of this act, shall be governed by Section 1 of this act.
Okla. Stat. tit. 22, § 22-973a — OK Code / Title 22 / Section 22-973a
Mitigating factor for veterans – PTSD
Status: in_force

A. When making a sentencing decision concerning a person who is

a veteran, the court may consider as a mitigating factor that the

person has been diagnosed as suffering from posttraumatic stress

disorder resulting from his or her military service.

B. The defendant shall provide to the court documentary

evidence that the defendant:

1. Has served in the Armed Forces of the United States of

America in a combat zone, as defined in Section 112 of the Federal

Internal Revenue Code of 1986. Proof of such service shall consist

of a certification by the Director of the Department of Veterans

Affairs; and

2. Has been diagnosed with a posttraumatic stress disorder

connected to his or her service in the Armed Forces of the United

States of America.

C. As used in this section, "posttraumatic stress disorder"

means the same as such term is defined in the Diagnostic and

Statistical Manual of Mental Disorders, Fifth Edition (DSM-5, 2013),

and occurred as a result of events during the service of the

defendant in one or more combat zones.
Okla. Stat. tit. 22, § 22-1053.1 — OK Code / Title 22 / Section 22-1053.1
Automatic appeal of judgments holding statutes
Status: reserved

unconstitutional in criminal actions.

Any final judgment entered by a district court in a criminal

action rendering an act of the State Legislature to be

unconstitutional shall be automatically appealed to the Court of

Criminal Appeals, unless said act has been previously declared

unconstitutional by said Court of Criminal Appeals. Such appeals

shall be by the district attorney upon a reserved question of law.
Okla. Stat. tit. 22, § 22-1169 — OK Code / Title 22 / Section 22-1169
Restoration to sanity
Status: in_force

When the defendant becomes sane the sheriff must thereupon,

without delay, place him in the proper custody until he be brought

to trial or judgment, as the case may be, or be legally discharged.

Oklahoma Statutes - Title 22. Criminal Procedure Page 456
Okla. Stat. tit. 22, § 22-48 — OK Code / Title 22 / Section 22-48
Undertaking sent to district court
Status: in_force

The undertaking must be transmitted by the magistrate to the

next district court of the county.
Okla. Stat. tit. 22, § 22-198 — OK Code / Title 22 / Section 22-198
Nighttime, arrest of suspected felon
Status: in_force

He may also at night, without a warrant, arrest any person whom

he has reasonable cause for believing to have committed a felony,

and is justified in making the arrest though it afterward appear

that the felony had not been committed.
Okla. Stat. tit. 22, § 22-951 — OK Code / Title 22 / Section 22-951
New trial defined - Proceedings on new trial - Former
Status: in_force

verdict no bar - Capital cases.

A. A new trial is a reexamination of the issue in the same

court, before another jury, after a verdict has been given. The

granting of a new trial places the parties in the same position as

if no trial had been had. All the testimony must be produced anew

except of witnesses who are absent from the state or dead, in which

event the evidence of such witnesses on the former trial may be

presented; and the former verdict cannot be used or referred to

either in evidence or in argument, or be pleaded in bar of any

conviction which might have been had under the indictment or

information.

B. In capital cases, when an appeal has been taken and the

cause has been remanded for a new trial, the court shall proceed as

provided in subsection A of this section.

C. In capital cases, when an appeal has been taken and the

cause has been remanded for resentencing, the prosecutor and court

shall proceed as provided in Section 3 of this act.
Okla. Stat. tit. 22, § 22-1165 — OK Code / Title 22 / Section 22-1165
Rules governing sanity trial
Status: in_force

The provisions of the article on trials, in respect to the duty

of the court upon questions of law, and of the jury upon questions

of fact, and the provisions in respect to the charge of the court to

the jury, upon the trial of an indictment or information, apply to

the questions of insanity.
Okla. Stat. tit. 22, § 22-991a-18 — OK Code / Title 22 / Section 22-991a-18
Restitution to victim – Modification or revocation of
Status: in_force

sentence.

A. The court shall at the time of sentencing:

1. Determine whether the property may be restored in kind to

the owner or the person entitled to possession thereof;

2. Determine whether defendant is possessed of sufficient skill

to repair and restore property damaged;

3. Provide restitution to the victim according to a schedule of

payments established by the sentencing court, together with interest

upon any pecuniary sum at the rate of twelve percent (12%) per

annum, if the defendant agrees to pay such restitution or, in the

opinion of the court, the defendant is able to pay such restitution

without imposing manifest hardship on the defendant or the immediate

family of the defendant; and

Oklahoma Statutes - Title 22. Criminal Procedure Page 325

4. Determine the extent of the out-of-pocket expenses, loss or

damage to property and injury to the victim proximately caused by

the conduct of the defendant.

B. The court shall allow credit for property returned in kind,

for property damages ordered to be repaired by the defendant, and

for property ordered to be restored by the defendant and after

granting such credit, the court shall assess the actual out-of-

pocket expenses, losses, damages and injuries suffered by the

victim.

C. In no event shall a victim be entitled to recover

restitution in excess of the actual out-of-pocket expenses, losses,

damages and injuries, proximately caused by the conduct of the

defendant and restitution shall not be ordered to be paid on account

of pain or suffering, provided however, that nothing in this section

shall abridge or preclude any victim from the civil right to recover

damages by separate civil cause of action brought against the

defendant.

D. If the defendant fails to pay restitution in the manner or

within the time period specified by the court, the court may enter

an order directing the sheriff to seize any real or personal

property of the defendant to the extent necessary to satisfy the

order of restitution and dispose of such property by public sale.

All property seized for the purposes of satisfying restitution shall

be seized under the procedures established in Section 448 of this

act.

E. A sentence including provisions of restitution may be

modified or revoked by the court if the offender commits another

offense, or the offender fails to make restitution as ordered by the

court, but no sentencing provision to make restitution shall be

modified if the court finds that the offender has had the financial

ability to make restitution, and the offender has willfully refused

to do so. If the court shall find that the defendant has failed to

make restitution and that the failure is not willful, the court may

impose an additional period of time within which to make

restitution. The length of said additional period shall not be more

than two (2) years. The court shall retain all of the incidents of

the original sentence, including the authority to revoke or further

modify the sentence if the conditions of payment are violated during

such additional period.
Okla. Stat. tit. 22, § 22-745 — OK Code / Title 22 / Section 22-745
Murder, burden of proof in mitigation of
Status: in_force

Upon a trial for murder, the commission of the homicide by the

defendant being proven, the burden of proving circumstances of

mitigation, or that justify or excuse it, devolves upon him, unless

the proof on the part of the prosecution tends to show that the

crime committed only amounts to manslaughter, or that the defendant

was justifiable or excusable.
Okla. Stat. tit. 22, § 22-206 — OK Code / Title 22 / Section 22-206
Disarming person arrested
Status: in_force

Any person making an arrest must take from the person arrested

all offensive weapons which he may have about his person, and must

deliver them to the magistrate before whom he is taken.