Okla. Stat. tit. 22, § 22-1108 — OK Code / Title 22 / Section 22-1108
Forfeiture of bail
Status: in_force

If the defendant neglects to appear according to the terms or

conditions of the recognizance, bond or undertaking, either for

hearing, arraignment, trial or judgment, or upon any other occasion

when his presence in court or before the magistrate may be lawfully

required, or to surrender himself in execution of the judgment, the

court must direct the fact to be entered upon its minutes, and the

recognizance, bond or undertaking of bail, or the money deposited

instead of bail, as the case may be, is and shall be thereupon

declared forfeited and forfeiture proceedings shall then proceed as

prescribed in Section 1332 of Title 59 of the Oklahoma Statutes. If

money deposited instead of bail be so forfeited, the clerk of the

court or other officer with whom it is deposited, must, immediately

after the final adjournment of the court, pay over the money

deposited to the county treasurer.

Provided however, if a person charged with a traffic offense

neglects to appear for arraignment after signing a written promise

to appear as provided for by the State and Municipal Traffic Bail

Bond Procedure Act, Section 1115 et seq. of this title and no other

form of bail has been substituted therefor, then said recognizance

shall not be forfeited as provided in this section and the court

shall proceed in accordance with the provisions of Section 1115 et

seq. of this title.
Okla. Stat. tit. 22, § 22-1079 — OK Code / Title 22 / Section 22-1079
Denial of bail - Review by habeas corpus
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 370

If bail on appeal be denied, or the amount fixed be excessive, the

defendant shall be entitled to a review of the action of the trial

court and its reasons for refusing bail, by habeas corpus

proceedings before the appellate court, or if the court be not in

session, then by some judge of said court.
Okla. Stat. tit. 22, § 22-458 — OK Code / Title 22 / Section 22-458
Court to fix amount of bail - Endorsement
Status: in_force

If the offense charged is bailable the court, upon directing the

bench warrant to issue, must fix the amount of bail and an

endorsement must be made on the bench warrant and signed by the

clerk, to the following effect:

Dollars.
Okla. Stat. tit. 22, § 22-1003 — OK Code / Title 22 / Section 22-1003
Governor may require opinion of appellate judges
Status: in_force

The governor may thereupon require the opinion of the judges of

the criminal court of appeals, or any of them, upon the statement so

furnished.
Okla. Stat. tit. 22, § 22-492 — OK Code / Title 22 / Section 22-492
Pleading to indictment or information
Status: in_force

If the defendant do not require time, as provided in the last

section, or if he do, then on the next day, or at such further day

as the court may have allowed him, he may, in answer to the

arraignment, either move the court to set aside the indictment, or

information or may demur or plead thereto.
Okla. Stat. tit. 22, § 22-1360 — OK Code / Title 22 / Section 22-1360
Postconviction proceedings - Representation
Status: in_force

A. The System shall represent indigents in proceedings for

postconviction relief in all capital cases.

B. In noncapital cases, the System shall not be appointed to

represent indigents in proceedings for postconviction relief;

provided, however, the System may represent indigents in

postconviction proceedings if the representation is related to

another pending case in which the System has been appointed, or the

proceeding is necessary to obtain an appeal out of time on behalf of

a System client in a case to which the System has been properly

appointed.

C. No attorney employed by the System or providing legal

services for the System pursuant to contract shall be required to

appear in the district courts of this state on issues of appellate

Oklahoma Statutes - Title 22. Criminal Procedure Page 525

counsel appointment and requests for exhibits, records and

transcripts.

D. After a mandate has been issued by the Oklahoma Court of

Criminal Appeals in any case on direct appeal, the System is

prohibited from appealing that case in any further proceedings in

either a state or federal court, except in capital cases and in

cases provided for in subsection B of this section. In capital

cases, the System shall perfect all petitions for writ of certiorari

to the United States Supreme Court and represent such appellants or

appellees, as the case may be, in any appearance before that Court.
Okla. Stat. tit. 22, § 22-426 — OK Code / Title 22 / Section 22-426
Obscene literature, indictment or information for
Status: in_force

handling.

An indictment or information for exhibiting, publishing,

passing, selling or offering to sell, or having in possession with

such intent, any lewd or obscene book, pamphlet, picture, print,

card, paper or writing, need not set forth any portion of the

language used or figures shown upon such book, pamphlet, picture,

print, card, paper or writing, but it is sufficient to state

generally the fact of the lewdness or obscenity thereof.
Okla. Stat. tit. 22, § 22-1373 — OK Code / Title 22 / Section 22-1373
Short title - Postconviction DNA Act
Status: in_force

This act shall be known and may be cited as the "Postconviction

DNA Act".
Okla. Stat. tit. 22, § 22-816 — OK Code / Title 22 / Section 22-816
Nolle prosequi abolished
Status: in_force

The entry of a nolle prosequi is abolished, and the district

attorney cannot discontinue or abandon a prosecution for a public

offense, except as provided in the last section.
Okla. Stat. tit. 22, § 22-974 — OK Code / Title 22 / Section 22-974
Testimony - How presented - Deposition of sick or infirm
Status: in_force

witness.

The circumstances must be presented by the testimony of

witnesses examined in open court, except that when a witness is so

sick or infirm as to be unable to attend, his deposition may be

taken by a magistrate of the county out of court, at a specified

time and place, upon such notice to the adverse party as the court

may direct.
Okla. Stat. tit. 22, § 22-1113 — OK Code / Title 22 / Section 22-1113
Plea of guilty
Status: in_force

The person so charged who elects to plead guilty may indicate

his plea of guilty on the ticket or warrant; and said bond deposit

shall be used for payment of fine and costs, which fine and costs

shall not exceed the amount of bond.
Okla. Stat. tit. 22, § 22-790 — OK Code / Title 22 / Section 22-790
Delivery when agent is incapacitated
Status: in_force

If the agent is dead, or from sickness or other cause is unable

personally to deliver the commission and return as prescribed in the

last section, it may be received by the clerk or judge from any

other person, upon his making an affidavit that he received it from

the agent, that the agent is dead, or, from sickness or other

casualty unable to deliver it, and it has not been opened or altered

since the person making the affidavit received it, and that he

believes it has not been opened or altered since it came from the

hands of the commissioner.
Okla. Stat. tit. 22, § 22-495 — OK Code / Title 22 / Section 22-495
Witnesses on hearing to set aside indictment or
Status: in_force

information.

All witnesses, including grand jurors, shall be bound to answer

fully, and shall not be answerable for the testimony so given in any

way, except for the crime of perjury committed in giving such

evidence. When a grand juror has been fully examined as to his

qualifications to sit, and has answered under oath that he is

qualified, and has been received by the court and permitted to act,

his incompetency shall not thereafter be shown as a ground of

objection to any indictment returned by that grand jury.
Okla. Stat. tit. 22, § 22-659 — OK Code / Title 22 / Section 22-659
Particular causes - Implied bias - Actual bias
Status: in_force

Particular causes of challenge are of two kinds:

1. For such a bias as when the existence of the facts is

ascertained, in judgment of law disqualifies the juror, and which is

known in this chapter as implied bias.

2. For the existence of a state of mind on the part of the

juror, in reference to the case, or to either party, which satisfies

the court, in the exercise of a sound discretion, that he cannot try

the issue impartially, without prejudice to the substantial rights

of the party challenging, and which is known in this chapter as

actual bias.
Okla. Stat. tit. 22, § 22-729 — OK Code / Title 22 / Section 22-729
Definitions
Status: in_force

As used in this act:

1. "Penal institution" means a jail, prison, penitentiary,

house of correction, or other place of penal detention or place

where the prisoner is required to reside or report in lieu of penal

detention, including, but not limited to house arrest, half-way

houses, community or treatment centers;

2. "State" means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, or any territory of the

United States;

3. "Witness" means a person who is confined in a penal

institution in a state and whose testimony is desired in another

state by a grand jury or other criminal proceeding before a court.
Okla. Stat. tit. 22, § 22-1240 — OK Code / Title 22 / Section 22-1240
Officer exceeding his authority
Status: in_force

A peace officer in executing a search warrant, who willfully

exceeds his authority, or exercises it with unnecessary severity, is

guilty of a misdemeanor.
Okla. Stat. tit. 22, § 22-359 — OK Code / Title 22 / Section 22-359
Prospective juror list - Numbers and qualifications
Status: in_force

A. The Administrative Director of the Courts, upon receipt of

the State Supreme Court order convening a multicounty grand jury,

shall prepare a list of up to two hundred prospective jurors drawn

Oklahoma Statutes - Title 22. Criminal Procedure Page 169

from the current grand jury lists of the several counties designated

in the order.

B. A multicounty grand jury shall be comprised of the same

number of members having the same qualifications as provided by law

for a county grand jury; provided, however, not more than one-half

(1/2) of the members of a multicounty grand jury shall be residents

of any one county.

C. Where an electronic jury management system has been

authorized for use in the courts pursuant to Section 13 of this act,

the Administrative Director of the Courts is authorized to select

and summon multicounty grand jurors utilizing the automated

functionality provided in the jury management system.

D. The process of impaneling the multicounty grand jury shall

be conducted under the supervision and control of the judge

presiding over the multicounty grand jury and may be conducted in

the same manner as is provided by law for impanelment of county

grand and petit juries using the electronic jury management system.

E. Whenever the approved electronic jury management system is

used to randomly select and sequentially order juror names during

any step in the multicounty grand jury selection process, the laws

relating to the use of a jury wheel, and laws requiring paper

ballots drawn from a jury wheel or a shaken box, shall not apply,

including but not limited to those requirements set forth in

Sections 301 through 363 and Sections 591 through 693 of this title.
Okla. Stat. tit. 22, § 22-1080 — OK Code / Title 22 / Section 22-1080
Post-Conviction Procedure Act - Right to challenge
Status: in_force

conviction or sentence.

Any person who has been convicted of, or sentenced for, a crime

and who claims:

1. That the conviction or the sentence was in violation of the

Constitution of the United States or the Constitution or laws of

this state;

2. That the court was without jurisdiction to impose sentence;

3. That the sentence exceeds the maximum authorized by law;

4. That there exists evidence of material facts, not previously

presented and heard, that requires vacation of the conviction or

sentence in the interest of justice;

5. That the sentence has expired, the suspended sentence,

probation, parole, or conditional release unlawfully revoked, or he

or she is otherwise unlawfully held in custody or other restraint;

or

6. That the conviction or sentence is otherwise subject to

collateral attack upon any ground of alleged error heretofore

available under any common law, statutory or other writ, motion,

petition, proceeding or remedy,

may institute a proceeding under the Post-Conviction Procedure Act

in the court in which the judgment and sentence on conviction was

imposed to secure the appropriate relief. Excluding a timely

appeal, the Post-Conviction Procedure Act encompasses and replaces

all common law and statutory methods of challenging a conviction or

sentence including, but not limited to, writs of habeas corpus.
Okla. Stat. tit. 22, § 22-1141.27 — OK Code / Title 22 / Section 22-1141.27
Trial for other offenses than that specified
Status: in_force

After a person has been brought back to this state by, or after

waiver of extradition proceedings, he may be tried in this state for

other crimes which he may be charged with having committed here as

well as that specified in the requisition for his extradition.
Okla. Stat. tit. 22, § 22-319 — OK Code / Title 22 / Section 22-319
Violation, where challenge allowed
Status: in_force

The grand jury must inform the court of a violation of the last

section and it is punishable by the court as a contempt.
Okla. Stat. tit. 22, § 22-3 — OK Code / Title 22 / Section 22-3
Code not retroactive
Status: in_force

No part of this code is retroactive unless expressly so

declared.
Okla. Stat. tit. 22, § 22-93 — OK Code / Title 22 / Section 22-93
Refusal to assist officer a misdemeanor
Status: in_force

Every person commanded by a public officer to assist him in the

execution of a process, as provided in Section 5580, who, without

lawful cause, refuses or neglects to obey the commands, is guilty of

a misdemeanor.
Okla. Stat. tit. 22, § 22-846 — OK Code / Title 22 / Section 22-846
Disposition of prisoner where jurisdiction in another
Status: in_force

county.

If the offense was committed within the exclusive jurisdiction

of another county of this state, the court must direct the defendant

to be committed for such time as it deems reasonable to await a

warrant from the proper county for his arrest, or if the offense be

a misdemeanor only, it may admit him to bail in an undertaking, with

sufficient sureties, that he will, within such time as the court may

appoint, render himself amenable to a warrant for his arrest from

the proper county, and if not sooner arrested thereon, will attend

at the office of the sheriff of the county where the trial was had,

at a time particularly specified in the undertaking, to surrender

himself upon the warrant, if issued, or that his bail will forfeit

such sum as the court may fix, and to be mentioned in the

undertaking; and the clerk must forthwith transmit a certified copy

of the indictment or information, and all the papers in the action

filed with him, to the district attorney of the proper county, the

expense of which transmission is chargeable to the county.
Okla. Stat. tit. 22, § 22-703 — OK Code / Title 22 / Section 22-703
Subpoena defined
Status: in_force

The process by which the attendance of a witness before a court

or magistrate is required, is a subpoena.
Okla. Stat. tit. 22, § 22-563 — OK Code / Title 22 / Section 22-563
Disposition of defendant on change of venue
Status: in_force

If the defendant is in custody, the order must provide for the

removal of the defendant, by the sheriff of the county where he is

imprisoned, to the custody of the proper officer of the county to

which the action is removed, and he must be removed according to the

terms of such order.
Okla. Stat. tit. 22, § 22-55 — OK Code / Title 22 / Section 22-55
Allegation and proof
Status: in_force

In the action the offense stated in the record of conviction

must be alleged as the breach of the undertaking, and such record is

conclusive evidence thereof.
Okla. Stat. tit. 22, § 22-1101 — OK Code / Title 22 / Section 22-1101
Offenses bailable - Who may take bail
Status: in_force

A. Except as otherwise provided by law, bail, by sufficient

sureties, shall be admitted upon all arrests in criminal cases where

the offense is not punishable by death and in such cases it may be

taken by any of the persons or courts authorized by law to arrest,

to imprison offenders or to perform pretrial services, or by the

clerk of the district court or his or her deputy, or by the judge of

such courts.

B. In criminal cases where the defendant is currently an

escaped prisoner from the Department of Corrections, the defendant

must be processed back into the Department of Corrections prior to

bail being set on new criminal charges.

C. All persons shall be bailable by sufficient sureties, except

that bail may be denied for:

1. Capital offenses when the proof of guilt is evident, or the

presumption thereof is great;

2. Violent offenses;

3. Offenses where the maximum sentence may be life imprisonment

or life imprisonment without parole;

4. Felony offenses where the person charged with the offense

has been convicted of two or more felony offenses arising out of

different transactions;

5. Controlled dangerous substances offenses where the maximum

sentence may be at least ten (10) years’ imprisonment; and

6. Driving under the influence of alcohol or other intoxicating

substance if such person has previously been convicted with two

felonies for driving under the influence of alcohol or other

intoxicating substance.

On all offenses specified in paragraphs 2 through 6 of this

subsection, the proof of guilt must be evident, or the presumption

must be great, and it must be on the grounds that no condition of

release would assure the safety of the community or any person.

D. There shall be a rebuttable presumption that no condition of

release would assure the safety of the community if the state shows

by clear and convincing evidence that the person was arrested for a

violation of Section 741 of Title 21 of the Oklahoma Statutes.

E. If the person was arrested for any crime provided for in the

Protection from Domestic Abuse Act or a violent crime provided for

in Section 571 of Title 57 of the Oklahoma Statutes, the court shall

be responsible for assessing prior patterns of abuse and shall

present written findings on the bail amount.

F. There shall be a rebuttable presumption that no conditions

of release on bond would assure the safety of the community or any

person therein if the state shows by clear and convincing evidence

that:

Oklahoma Statutes - Title 22. Criminal Procedure Page 404

1. The person was arrested for a violent offense and released

on bond; and

2. While out on bond, the person was subsequently arrested and

charged for a violent crime as set forth for in Section 571 of Title

57 of the Oklahoma Statutes.

R.L. 1910, § 6103. Amended by Laws 2003, c. 82, § 1, emerg. eff.

April 15, 2003; Laws 2004, c. 58, § 1, eff. Nov. 1, 2004; Laws 2006,

c. 130, § 2, emerg. eff. May 9, 2006; Laws 2022, c. 117, § 1, eff.

Nov. 1, 2022; Laws 2024, c. 54, § 1, eff. Nov. 1, 2024; Laws 2025,

c. 169, § 1, eff. Nov. 1, 2025.
Okla. Stat. tit. 22, § 22-54 — OK Code / Title 22 / Section 22-54
Prosecution on breach
Status: in_force

Upon the county attorney producing evidence of such conviction

to the district court to which the undertaking is returned, that

Oklahoma Statutes - Title 22. Criminal Procedure Page 60

court must order the undertaking to be prosecuted, and the county

attorney must thereupon commence an action upon it in the name of

this State.
Okla. Stat. tit. 22, § 22-60.2 — OK Code / Title 22 / Section 22-60.2
Protective order - Petition - Complaint requirement for
Status: in_force

certain stalking victims - Fees.

A. A victim of domestic abuse, a victim of stalking, a victim

of harassment, a victim of rape, any adult or emancipated minor

household member on behalf of any other family or household member

who is a minor or incompetent, any minor age sixteen (16) or

seventeen (17) years, or any adult victim of a crime may seek relief

under the provisions of the Protection from Domestic Abuse Act.

Oklahoma Statutes - Title 22. Criminal Procedure Page 66

1. The person seeking relief may file a petition for a

protective order with the district court in the county in which the

victim resides, the county in which the defendant resides, or the

county in which the domestic violence occurred. If the person

seeking relief is not a family or household member or an individual

who is or has been in a dating relationship with the defendant, the

person seeking relief must file a complaint against the defendant

with the proper law enforcement agency before filing a petition for

a protective order with the district court. The person seeking

relief shall provide a copy of the complaint that was filed with the

law enforcement agency at the full hearing if the complaint is not

available from the law enforcement agency. Failure to provide a

copy of the complaint filed with the law enforcement agency shall

constitute a frivolous filing and the court may assess attorney fees

and court costs against the plaintiff pursuant to paragraph 2 of

subsection C of this section. The filing of a petition for a

protective order shall not require jurisdiction or venue of the

criminal offense if either the plaintiff or defendant resides in the

county. If a petition has been filed in an action for divorce or

separate maintenance and either party to the action files a petition

for a protective order in the same county where the action for

divorce or separate maintenance is filed, the petition for the

protective order may be heard by the court hearing the divorce or

separate maintenance action if:

a. there is no established protective order docket in

such court, or

b. the court finds that, in the interest of judicial

economy, both actions may be heard together; provided,

however, the petition for a protective order,

including, but not limited to, a petition in which

children are named as petitioners, shall remain a

separate action and a separate order shall be entered

in the protective order action. Protective orders may

be dismissed in favor of restraining orders in the

divorce or separate maintenance action if the court

specifically finds, upon hearing, that such dismissal

is in the best interests of the parties and does not

compromise the safety of any petitioner.

If the defendant is a minor child, the petition shall be filed

with the court having jurisdiction over juvenile matters.

2. When the abuse occurs when the court is not open for

business, such person may request an emergency temporary order of

protection as authorized by Section 40.3 of this title.

B. The petition forms shall be provided by the clerk of the

court. The Administrative Office of the Courts shall develop a

standard form for the petition.

Oklahoma Statutes - Title 22. Criminal Procedure Page 67

C. 1. Except as otherwise provided by this section, no filing

fee, service of process fee, attorney fees or any other fee or costs

shall be charged the plaintiff or victim at any time for filing a

petition for a protective order whether a protective order is

granted or not granted. The court may assess court costs, service

of process fees, attorney fees, other fees and filing fees against

the defendant at the hearing on the petition, if a protective order

is granted against the defendant; provided, the court shall have

authority to waive the costs and fees if the court finds that the

party does not have the ability to pay the costs and fees.

2. If the court makes specific findings that a petition for a

protective order has been filed frivolously and no victim exists,

the court may assess attorney fees and court costs against the

plaintiff.

D. The person seeking relief shall prepare the petition or, at

the request of the plaintiff, the court clerk or the victim-witness

coordinator, victim support person, and court case manager shall

prepare or assist the plaintiff in preparing the petition.

E. The person seeking a protective order may further request

the exclusive care, possession, or control of any animal owned,

possessed, leased, kept, or held by either the petitioner, defendant

or minor child residing in the residence of the petitioner or

defendant. The court may order the defendant to make no contact

with the animal and forbid the defendant from taking, transferring,

encumbering, concealing, molesting, attacking, striking,

threatening, harming, or otherwise disposing of the animal.

F. A court may not require the victim to seek legal sanctions

against the defendant including, but not limited to, divorce,

separation, paternity or criminal proceedings prior to hearing a

petition for protective order.

G. A victim of rape, forcible sodomy, a sex offense,

kidnapping, assault and battery with a deadly weapon, child abuse,

or member of the immediate family of a victim of first-degree

murder, as such terms are defined in Section 40 of this title, may

petition, or have a petition filed on the victim’s behalf if the

victim is a minor, for an emergency temporary order or emergency ex

parte order regardless of any relationship or scenario pursuant to

the provisions of this section. The Administrative Office of the

Courts shall modify the petition forms as necessary to effectuate

the provisions of this subsection.
Okla. Stat. tit. 22, § 22-1186 — OK Code / Title 22 / Section 22-1186
Requisites of answer
Status: in_force

The defendant may answer the accusation either by objecting to

the sufficiency thereof, or of any article therein, or by denying

the truth of the same.
Okla. Stat. tit. 22, § 22-831 — OK Code / Title 22 / Section 22-831
Order of trial proceedings
Status: in_force

The jury having been impaneled and sworn, the trial must proceed

in the following order:

1. If the indictment or information is for a felony, the clerk

or district attorney must read it, and state the plea of the

defendant to the jury. In other cases this formality may be

dispensed with.

2. The district attorney, or other counsel for the state, must

open the case and offer the evidence in support of the indictment or

information.

3. The defendant or defendant’s counsel shall give an opening

statement immediately after the opening statement of the district

attorney unless the defendant affirmatively reserves the opening

statement until the district attorney has rested the state’s case.

The defense may offer evidence after the close of the state’s case.

4. The parties may then, respectively, offer rebutting

testimony only, unless the court for good reason, in furtherance of

justice, or to correct an evident oversight, permit them to offer

evidence upon their original case.

5. When the evidence is concluded, the attorneys for the

prosecution may submit to the court written instructions. If the

questions of law involved in the instructions are to be argued, the

court shall direct the jury to withdraw during the argument, and

after the argument, must settle the instructions, and may give or

refuse any instructions asked, or may modify the same as he deems

the law to be. Instructions refused shall be marked in writing by

the judge, if modified, modification shall be shown in the

instruction. When the instructions are thus settled, the jury, if

sent out, shall be recalled and the court shall thereupon read the

instructions to the jury.

6. Thereupon, unless the case is submitted to the jury without

argument, the counsel for the state shall commence, and the

defendant or his counsel shall follow, then the counsel for the

state shall conclude the argument to the jury. During the argument

the attorneys shall be permitted to read and comment upon the

instructions as applied to the evidence given, but shall not argue

Oklahoma Statutes - Title 22. Criminal Procedure Page 246

to the jury the correctness or incorrectness of the propositions of

law therein contained. The court may permit one or more counsel to

address the jury on the same side, and may arrange the order in

which they shall speak, but shall not without the consent of the

attorneys limit the time of their arguments. When the arguments are

concluded, if the court be of the opinion that the jury might be

misled by the arguments of counsel, he may to prevent the same

further instruct the jury. All instructions given shall be in

writing unless waived by both parties, and shall be filed and become

a part of the record in the case.
Okla. Stat. tit. 22, § 22-1105.2 — OK Code / Title 22 / Section 22-1105.2
Pretrial Release Act - Setting of bail – Schedule –
Status: in_force

Electronic monitoring.

A. Following an arrest for a misdemeanor or felony offense and

before formal charges have been filed or an indictment made, the

arrested person may have bail set by the court as provided in this

act; provided there are no provisions of law to the contrary.

B. When formal charges or an indictment has been filed, bail

shall be set according to law and the pretrial bond, if any, may be

reaffirmed unless additional security is required. Every judicial

district may, upon the order of the presiding judge for the

district, establish a pretrial bail schedule for felony or

misdemeanor offenses, except for traffic offenses included in

subsections B, C and D of Section 1115.3 of Title 22 of the Oklahoma

Statutes and those offenses specifically excluded herein. The bail

schedule established pursuant to the authority of this act shall

exclude any offense for which bail is not allowed by law. The bail

schedule authorized by this act shall be set in accordance with

guidelines relating to bail and shall be published and reviewed by

March 1 of each year by the courts and district attorney of the

judicial district.

C. The pretrial bail shall be set in a numerical dollar amount.

If the person fails to appear in court as required the judge shall:

Oklahoma Statutes - Title 22. Criminal Procedure Page 408

1. Rescind the bond and proceed to enter a judgment against the

defendant for the dollar amount of the pretrial bail if no private

bail was given at the time of release; provided, however, the court

clerk shall follow the procedures as set forth in Section 1301 et

seq. of Title 59 of the Oklahoma Statutes in collecting the

forfeiture amount against the person who fails to appear in court;

or

2. Rescind and forfeit the private bail if cash, property or

surety bail was furnished at the time of release as set forth in

Section 1301 et seq. of Title 59 of the Oklahoma Statutes.

D. When a pretrial program exists in the judicial district

where the person is being held, the judge may utilize the services

of the pretrial release program when ordering pretrial release,

except when private bail has been furnished.

E. Upon an order for pretrial release or release on bond, the

person shall be released from custody without undue delay.

F. The court may require the person to be placed on an

electronic monitoring device as a condition of pretrial release.

G. In instances where an electronic monitoring device has been

ordered, the court may impose payment of a supervision fee. Payment

of the fee, in whole or according to a court-ordered installment

schedule, shall be a condition of pretrial release. The court clerk

shall collect the supervision fees.
Okla. Stat. tit. 22, § 22-1145.2 — OK Code / Title 22 / Section 22-1145.2
Purpose of act
Status: in_force

The purpose of this act is to allow the activities of an

individual to be dealt with in one court at a time, no matter where

the activities occurred, to the end that society may be afforded

retribution for offenses against it and that the rehabilitative

process can immediately begin.
Okla. Stat. tit. 22, § 22-516 — OK Code / Title 22 / Section 22-516
Plea of guilty
Status: in_force

A plea of guilty can in no case be put in, except by the

defendant himself, in open court, unless upon an indictment or

information against a corporation, in which case it can be put in by

counsel.
Okla. Stat. tit. 22, § 22-455 — OK Code / Title 22 / Section 22-455
Bench warrant may issue into one or more counties
Status: in_force

The clerk, on the application of the district attorney, may,

accordingly, at any time after the order, whether the court be

sitting or not, issue a bench warrant in one or more counties.
Okla. Stat. tit. 22, § 22-566 — OK Code / Title 22 / Section 22-566
Trial on change of venue - Records and papers
Status: in_force

The court to which the action is removed must proceed to trial

and judgment therein the same in all respects as if the action had

been commenced in such court. If it is necessary to have any of the

original pleadings or other papers before such court, the court from

which the action is removed must at any time upon the application of

the district attorney or the defendant, order such papers or

pleadings to be transmitted by the clerk, a certified copy thereof

being retained.
Okla. Stat. tit. 22, § 22-199 — OK Code / Title 22 / Section 22-199
Authority must be stated on arrest without warrant, when
Status: in_force

When arresting a person without a warrant, the officer must

inform him of his authority and the cause of the arrest, except when

he is in actual commission of a public offense, or is pursued

immediately after an escape.
Okla. Stat. tit. 22, § 22-1221 — OK Code / Title 22 / Section 22-1221
Search warrant defined
Status: in_force

A. A search warrant is an order in writing, in the name of the

state, signed by a magistrate, directed to a peace officer,

Oklahoma Statutes - Title 22. Criminal Procedure Page 475

commanding the peace officer to search for personal property or to

search for a person for whom an arrest warrant has been issued and

bring the property or person before the magistrate.

B. For purposes of Sections 1221 through 1241 of this title:

1. “Arrest warrant” means an outstanding arrest warrant for any

felony offense or a misdemeanor offense of domestic assault and

battery as provided in subsection C of Section 644 of Title 21 of

the Oklahoma Statutes. The term shall include arrest and bench

warrants, but shall not include warrants issued solely for failure

to pay court financial obligations, other than restitution, as

defined in subsection A of Section 983 of this title; and

2. “Personal property” or “property” means items and

information that can be analyzed, seen, weighed, measured, felt or

touched or that are in any other manner perceptible to the senses.

R.L. 1910, § 6059. Amended by Laws 2014, c. 75, § 1, eff. Nov. 1,

2014; Laws 2024, c. 39, § 1, eff. Nov. 1, 2024.
Okla. Stat. tit. 22, § 22-781 — OK Code / Title 22 / Section 22-781
Witness out of state
Status: in_force

When an issue of fact is joined upon an indictment or

information the defendant may have any material witness residing out

of the state examined in his behalf as prescribed in this article

and not otherwise.
Okla. Stat. tit. 22, § 22-1086 — OK Code / Title 22 / Section 22-1086
Subsequent application
Status: in_force

All grounds for relief available to an applicant under the Post-

Conviction Procedure Act, including claims challenging the

jurisdiction of the trial court, must be raised in his or her

original, supplemental or amended application. Any ground finally

adjudicated or not so raised, or knowingly, voluntarily and

intelligently waived in the proceeding that resulted in the

conviction or sentence or in any other proceeding the applicant has

taken to secure relief may not be the basis for a subsequent

application, unless the court finds a ground for relief asserted

which for sufficient reason was not asserted or was inadequately

raised in the prior application.
Okla. Stat. tit. 22, § 22-599 — OK Code / Title 22 / Section 22-599
Jurors summoned to complete jury - Treated as original
Status: in_force

panel.

The names of persons summoned to complete the jury as provided

in the chapter on "Jurors", must be written on distinct pieces of

paper, folded each as nearly alike as possible, and so that the name

cannot be seen, and must be deposited in the box before mentioned.
Okla. Stat. tit. 22, § 22-853 — OK Code / Title 22 / Section 22-853
Custody and conduct of jury before submission - Separation
Status: in_force

- Sworn officer.

The jurors sworn to try an indictment or information, may, at

any time before the submission of the cause to the jury, in the

discretion of the court, be permitted to separate, or to be kept in

charge of proper officers. The officers must be sworn to keep the

jurors together until the next meeting of the court, to suffer no

person to speak to or communicate with them, nor to do so

themselves, on any subject connected with the trial, and to return

them into court at the next meeting thereof. Such officer or

officers having once been duly sworn, it is not necessary that they

be resworn at each recess or adjournment. An admonition to the

officer and the jury shall be sufficient.
Okla. Stat. tit. 22, § 22-1181 — OK Code / Title 22 / Section 22-1181
Causes for removal of officers
Status: in_force

Any officer not subject to impeachment elected or appointed to

any state, county, township, city, town or other office under the

laws of the state may, in addition to any other methods and causes

provided by law, be removed from office for any of the following

causes:

First. Habitual or willful neglect of duty which, for a state

officer, shall include, but not be limited to, knowingly giving

false testimony to a committee of either house of the Legislature,

knowingly engaging in operations beyond the constitutional or

statutory authority delegated to the agency that the officer is

employed by or serves, or repeatedly refusing to provide information

to a committee, either house or a member of the Legislature in a

timely manner. For the purposes of this section, “timely manner”

means no more than fifteen (15) business days from the date the

request for information was received by the agency, unless extended

by written agreement.

Second. Gross partiality in office.

Third. Oppression in office.

Fourth. Corruption in office, which shall include the use of

public office or authority to procure or attempt to procure a

personal benefit, profit, or perquisite.

Fifth. Extortion or willful overcharge of fees in office.

Sixth. Willful maladministration.

Seventh. Habitual drunkenness.

Eighth. Failure to produce and account for all public funds and

property in his or her hands, at any settlement or inspection

authorized or required by law.
Okla. Stat. tit. 22, § 22-1323 — OK Code / Title 22 / Section 22-1323
Magistrate to deliver stolen property, when
Status: in_force

If the property stolen or embezzled come into the custody of a

magistrate, it must be delivered to the owner on satisfactory proof

of his title, and on his paying the necessary expenses incurred in

its preservation, to be certified by the magistrate.
Okla. Stat. tit. 22, § 22-1371.1 — OK Code / Title 22 / Section 22-1371.1
DNA Forensic Testing Program purpose - Authority of the
Status: in_force

Oklahoma Indigent Defense System - Claim priority.

A. A DNA Forensic Testing Program shall be created within the

Oklahoma Indigent Defense System to investigate, screen, and present

to the appropriate prosecutorial agency claims that scientific

evidence will demonstrate indigent persons convicted of, and

presently incarcerated on, any felony offense upon which the testing

is sought are factually innocent. Factual innocence requires the

defendant to establish by clear and convincing evidence that no

reasonable jury would have found the defendant guilty beyond a

reasonable doubt in light of the new evidence. The System’s

services shall be available only upon the submission of an affidavit

of indigency to the System signed by an incarcerated person

convicted of a felony and upon a preliminary determination by the

System that the claim has a reasonable basis in fact.

Determinations of indigency shall be made at the sole discretion of

the System based on rules for determining indigency promulgated by

the Court of Criminal Appeals pursuant to the Indigent Defense Act.

Determinations of reasonableness and acceptance of cases for which

DNA testing will be performed shall be within the sole discretion of

the System and shall not be subject to judicial review.

B. The System shall employ such attorneys, investigators, and

other employees as may be necessary to process and present claims of

factual innocence to the appropriate prosecuting agency in an

efficient manner.

Oklahoma Statutes - Title 22. Criminal Procedure Page 529

C. The System shall give priority to claims based on certain

factors, including but not limited to:

1. The opportunity for conclusive or near conclusive proof that

the person is factually innocent by reason of scientific evidence;

and

2. A lengthy sentence of imprisonment or a death sentence.

D. The System is authorized to investigate cases and arrange

for the forensic testing of evidence to determine whether evidence

of factual innocence exists. Samples must be of sufficient quantity

to allow testing by both the prosecution and the defense. Neither

the prosecution nor defense shall consume the entire sample in

testing in the absence of a court order allowing the sample to be

entirely consumed in testing. The System shall request the Oklahoma

State Bureau of Investigation or the city in which the offense upon

which the testing is sought was committed to perform the testing.

The Bureau or the city may decline for any reason at their

discretion in writing within thirty (30) days of receipt of the

request. In those cases where the Bureau or city declines or fails

to respond within thirty (30) days, or cannot perform the testing

within a reasonable time, the System may request the professional

services of experts under contract with the System as necessary for

testing and presentation of such claims to the appropriate

prosecuting agency.

E. All municipal, county and state forensic laboratories shall

provide copies to the System of laboratory examination reports

regarding cases accepted for investigation by the DNA Forensic

Testing Program administered by the Oklahoma Indigent Defense

System. The reports shall be confidential and not subject to the

Oklahoma Open Records Act. The reports shall be used only for

investigating, screening, and presenting claims pursuant to the

provisions of the DNA Forensic Testing Act.

F. Nothing in the DNA Forensic Testing Act shall require any

person other than an incarcerate to provide a sample from their body

for purposes of testing.
Okla. Stat. tit. 22, § 22-408 — OK Code / Title 22 / Section 22-408
Statute not strictly pursued
Status: in_force

Words used in a statute to define a public offense, need not be

strictly pursued in the indictment or information; but other words

conveying the same meaning may be used.
Okla. Stat. tit. 22, § 22-498 — OK Code / Title 22 / Section 22-498
Defendant to answer indictment, when
Status: in_force

If the motion be denied, the defendant must immediately answer

to the indictment, either by demurring or pleading thereto.
Okla. Stat. tit. 22, § 22-115 — OK Code / Title 22 / Section 22-115
District attorney's staff to perform certain duties
Status: in_force

Members of the district attorney's staff shall perform duties in

connection with the Bogus Check Restitution Program in addition to

any other duties which are assigned by the district attorney.
Okla. Stat. tit. 22, § 22-1364 — OK Code / Title 22 / Section 22-1364
Notice - Appointment to perfect appeal - Transfer of
Status: in_force

documents.

It shall be the responsibility of the appropriate judge of the

district court to notify the Oklahoma Indigent Defense System of any

appointment of the System to perfect an appeal pursuant to the

Indigent Defense Act within three (3) days after such appointment.

The appointment order shall state the nature of the appeal. The

appropriate judge of the district court shall send all necessary

documents to insure perfection of the appeal to the Oklahoma

Indigent Defense System within the time prescribed in the Rules of

the Court of Criminal Appeals or under applicable statutes.
Okla. Stat. tit. 22, § 22-1239 — OK Code / Title 22 / Section 22-1239
Procuring search warrant without cause
Status: in_force

A person who maliciously and without probable cause procures a

search warrant to be issued and executed is guilty of a misdemeanor.
Okla. Stat. tit. 22, § 22-991a-15 — OK Code / Title 22 / Section 22-991a-15
Definitions
Status: in_force

As used in the Elderly and Incapacitated Victim's Protection

Act:

1. “Elderly person” means any person sixty-two (62) years of

age or older; and

2. “Incapacitated person” means any person who is disabled by

reason of mental or physical illness or disability to such extent

the person lacks the ability to effectively protect self or

property.
Okla. Stat. tit. 22, § 22-502 — OK Code / Title 22 / Section 22-502
Defendant's pleadings
Status: in_force

The only pleading on the part of the defendant is either a

demurrer or a plea.
Okla. Stat. tit. 22, § 22-709 — OK Code / Title 22 / Section 22-709
Continuances, witness must take notice of
Status: in_force

Every witness summoned in a criminal action pending in a

district, superior or county court shall take notice of the

postponements and continuances and when once summoned in such action

shall, without further notice or summons, be in attendance upon such

action, as such witness, until discharged by the court.
Okla. Stat. tit. 22, § 22-1334 — OK Code / Title 22 / Section 22-1334
Littering upon highways or dumping trash on public or
Status: in_force

private property - Rewards - Claims.

A. The boards of county commissioners of counties and the

governing bodies of municipalities may offer and pay a reward, from

funds set aside for that purpose, in an amount not to exceed fifty

percent (50%) of the fine imposed, for the arrest and conviction or

for evidence leading to the arrest and conviction of any person who

violates the provisions of Sections 1753.3 or 1761.1 of Title 21 of

the Oklahoma Statutes.

B. The board of county commissioners or the governing body of

the municipality may create and maintain a reward fund in the county

or municipal treasury which shall be a revolving fund not subject to

fiscal year limitations, from which to pay the rewards provided for

in subsection A of this section, and to offset the cost of any

special enforcement programs originated by any law enforcement

agency responsible for the arrest or prosecution of any person who

violates the provisions of Sections 1753.3 or 1761.1 of Title 21 of

the Oklahoma Statutes. These costs may include, but not be limited

to, the posting of signs along the state’s highways advising

motorists of the fines for littering or illegal dumping.

C. The board of county commissioners may provide for the

publication, advertisement and countywide distribution to the public

of information as to the reward program specified by this section.

D. Claims for rewards shall be on forms provided by the county

or municipality and shall be submitted to the prosecuting attorney

of the county or municipality no later than thirty (30) days after

sentencing of the defendant. The prosecuting attorney shall

Oklahoma Statutes - Title 22. Criminal Procedure Page 501

investigate the validity of the claim and make a nonbinding written

recommendation to the board of county commissioners or governing

body of the municipality.

E. All claims relating to a conviction shall be considered

together at the next regular meeting of the board of county

commissioners or governing body of the municipality following

receipt of the prosecuting attorney's report.

F. In determining the amount of the reward, the board of county

commissioners or the governing body of the municipality shall have

sole discretion to honor or deny the claim, but shall consider:

1. The severity of the offense;

2. The size of the fine imposed;

3. The number of persons claiming a reward and the degree to

which each claimant was responsible for the arrest or conviction;

4. The burden, if any, incurred by the claimant including cost

to appear at trial; and

5. Other factors which the board or governing body deems

appropriate.

G. No reward shall be authorized and no debt shall accrue to

the county or municipality upon the depletion of the reward fund

authorized by this section.

H. The reward authorized by this section shall be in lieu of

any other county or municipal reward.

I. Full-time peace officers of this state or of any county or

municipality within this state shall not be eligible for the reward

provided by this section.

J. All courts assessing and receiving reward funds as required

by Sections 1753.3 and 1761.1 of Title 21 of the Oklahoma Statutes

shall provide appropriate transfer of the reward funds to the proper

county or municipal reward fund as prescribed by the provisions of

this section.
Okla. Stat. tit. 22, § 22-522 — OK Code / Title 22 / Section 22-522
Former acquittal or conviction as bar
Status: in_force

When the defendant shall have been convicted or acquitted upon

an indictment or information, the conviction or acquittal is a bar

Oklahoma Statutes - Title 22. Criminal Procedure Page 206

to another indictment or information for the offense charged in the

former, or for an attempt to commit the same, or for an offense

necessarily included therein, of which he might have been convicted

under that indictment or information.
Okla. Stat. tit. 22, § 22-71 — OK Code / Title 22 / Section 22-71
Legislative findings
Status: in_force

The Legislature finds that:

1. Violence and abuse are often higher during pregnancy than

during any other time in a woman’s lifetime;

2. Women are more likely to suffer increased abuse as a result

of unintended pregnancies;

3. Younger women are at a higher risk for pregnancy-associated

homicide;

4. A pregnant or recently pregnant woman is more likely to be a

victim of homicide than to die of any other cause;

5. Homicide and other violent crimes are the leading causes of

death for women of reproductive age;

6. Husbands, ex-husbands or boyfriends are often the

perpetrators of pregnancy-associated homicide or violence;

7. Moreover, when husbands, ex-husbands or boyfriends are

involved, the violence is often directed at the unborn child and/or

intended to end or jeopardize the pregnancy; and

8. Violence against a pregnant woman puts the life and bodily

integrity of both the pregnant woman and the unborn child at risk.
Okla. Stat. tit. 22, § 22-60 — OK Code / Title 22 / Section 22-60
Short title
Status: in_force

This act shall be known and may be cited as the "Protection from

Domestic Abuse Act".
Okla. Stat. tit. 22, § 22-988.17 — OK Code / Title 22 / Section 22-988.17
Development and use of community sentence assessment
Status: in_force

and evaluation tests.

A. The Department of Corrections shall utilize the Level of

Services Inventory (LSI) assessment instrument, or another

assessment that evaluates criminal risk to recidivate, to evaluate

Oklahoma Statutes - Title 22. Criminal Procedure Page 309

all eligible offenders sentenced to community punishments under the

Oklahoma Community Sentencing Act. This assessment shall not be

waived and is required for eligibility determination.

B. The Administrative Office of the Courts shall assist in

promulgating instructions and forms necessary for the courts' use of

the required assessment. In collaboration with the Department of

Corrections, all state agencies shall provide technical assistance

necessary to implement and monitor the Oklahoma Community Sentencing

Act in the areas of their expertise and experience, and shall offer

services to local community sentencing systems.

C. All participating state agencies and local planning councils

are directed to promulgate rules necessary to implement the

provisions of the Oklahoma Community Sentencing Act. When

promulgating the rules, participating state agencies and local

planning councils shall collaborate with the Division so their rules

enhance the effectiveness of the statewide community sentencing

system and statewide goals established for the criminal justice

system.
Okla. Stat. tit. 22, § 22-722 — OK Code / Title 22 / Section 22-722
Summoning witness in this state to testify in another
Status: in_force

state.

A. If a judge of a court of record in any state which by its

laws has made provision for commanding persons within that state to

attend and testify in this state certifies under the seal of such

court that there is a criminal prosecution pending in such court, or

that a grand jury investigation has commenced or is about to

commence, that a person being within this state is a material

witness in such prosecution, or grand jury investigation, and that

his presence will be required for a specified number of days, upon

presentation of such certificate to any judge of a court of record

in the county in which such person is, such judge shall fix a time

and place for a hearing, and shall make an order directing the

witness to appear at a time and place certain for the hearing.

B. If at a hearing the judge determines that the witness is

material and necessary, that it will not cause undue hardship to the

witness to be compelled to attend and testify in the prosecution or

a grand jury investigation in the other state, and that the laws of

the state in which the prosecution is pending, or grand jury

investigation has commenced or is about to commence, (and of any

other state through which the witness may be required to pass by

ordinary course of travel), will give to him protection from arrest

Oklahoma Statutes - Title 22. Criminal Procedure Page 225

and the service of civil and criminal process, he shall issue a

summons, with a copy of the certificate attached, directing the

witness to attend and testify in the court where the prosecution is

pending, or where a grand jury investigation has commenced or is

about to commence at a time and place specified in the summons. In

any such hearing the certificate shall be prima facie evidence of

all the facts stated therein.

C. If said certificate recommends that the witness be taken

into immediate custody and delivered to an officer of the requesting

state to assure his attendance in the requesting state, such judge

may, in lieu of notification of the hearing, direct that such

witness be forthwith brought before him for said hearing; and the

judge at the hearing being satisfied of the desirability of such

custody and delivery, for which determination the certificate shall

be prima facie proof of such desirability may, in lieu of issuing

subpoena or summons, order that said witness be forthwith taken into

custody and delivered to an officer of the requesting state.

D. If the witness, who is summoned as above provided, after

being paid or tendered by some properly authorized person the

greater of the sum authorized by the law of the state to which the

witness must travel or the sum of fifteen cents ($0.15) a mile for

each mile by the ordinary traveled route to and from the court where

the prosecution is pending and Twelve Dollars ($12.00) for each day,

that he is required to travel and attend as a witness, fails without

good cause to attend and testify as directed in the summons, he

shall be punished in the manner provided for the punishment of any

witness who disobeys a summons issued from a court of record in this

state.
Okla. Stat. tit. 22, § 22-33 — OK Code / Title 22 / Section 22-33
Resistance by other person
Status: in_force

Any other person, in aid or defense of the person about to be

injured, may make resistance sufficient to prevent the offense.
Okla. Stat. tit. 22, § 22-1417 — OK Code / Title 22 / Section 22-1417
Judicial education and training
Status: in_force

Each judicial district shall select one or more of its district

judges or associate district judges and if deemed necessary may also

select one or more special judges to receive specialized education

and training in applying the provisions of the Oklahoma Racketeer-

Influenced and Corrupt Organizations Act.

A program of judicial education and training shall be prepared

and administered by the Administrative Office of the Courts. Such

program and any materials shall be made available as needed to

assist Oklahoma judges in applying the provisions of this act.

When available, the funds described in Section 1411 of this

title may be used to help defray the expenses of such program.
Okla. Stat. tit. 22, § 22-1076 — OK Code / Title 22 / Section 22-1076
Notice to defendant of his right to appeal - Stay of
Status: in_force

execution of judgment.

The court shall at the time of entering judgment and sentence

notify the defendant of his right to appeal. An appeal from a

judgment of conviction stays the execution of the judgment in all

cases where sentence of death is imposed, but does not stay the

execution of the judgment in any other case unless the trial or

appellate court shall so order.
Okla. Stat. tit. 22, § 22-852 — OK Code / Title 22 / Section 22-852
Juror must declare knowledge of case
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 250

If a juror have any personal knowledge respecting a fact in

controversy in a cause he must declare it in open court during the

trial. If, during the retirement of a jury, a juror declare a fact,

which could be evidence in the cause, as of his own knowledge, the

jury must return into court. In either of these cases, the juror

making the statement must be sworn as a witness and examined in the

presence of the parties.
Okla. Stat. tit. 22, § 22-965 — OK Code / Title 22 / Section 22-965
Warrant for defendant not appearing - Forfeiture of bond
Status: in_force

or bail money.

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

money instead thereof, and does not appear for judgment when his

personal attendance is necessary, the court, in addition to the

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

direct the clerk to issue a bench warrant for his arrest.
Okla. Stat. tit. 22, § 22-982a — OK Code / Title 22 / Section 22-982a
Judicial review
Status: in_force

A. 1. Any time within sixty (60) months after the initial

sentence is imposed or within sixty (60) months after probation has

been revoked, the court imposing sentence or revocation of probation

may modify such sentence or revocation by directing that another

sentence be imposed, if the court is satisfied that the best

interests of the public will not be jeopardized; provided, however,

the court shall not impose a deferred sentence. Any application for

sentence modification that is filed and ruled upon beyond twelve

(12) months of the initial sentence being imposed must be approved

by the district attorney who shall provide written notice to any

victims in the case which is being considered for modification.

2. The court imposing sentence may modify the sentence of any

offender who was originally sentenced for a drug charge and ordered

to complete the Drug Offender Work Camp at the Bill Johnson

Correctional Facility and direct that another sentence be imposed,

if the court is satisfied that the best interests of the public will

not be jeopardized; provided, however, the court shall not impose a

deferred sentence. An application for sentence modification

pursuant to this paragraph may be filed and ruled upon beyond the

initial sixty-month time period provided for in paragraph 1 of this

subsection.

3. This section shall not apply to convicted felons who have

been in confinement in any state or federal prison system for any

previous felony conviction during the ten-year period preceding the

date that the sentence this section applies to was imposed.

Further, without the consent of the district attorney, this section

shall not apply to sentences imposed pursuant to a plea agreement or

jury verdict.

B. The court imposing the sentence may modify the sentence of

any offender sentenced to life without parole for an offense other

than a violent crime, as enumerated in Section 571 of Title 57 of

the Oklahoma Statutes, who has served at least ten (10) years of the

sentence in the custody of the Department of Corrections upon a

finding that the best interests of the public will not be

jeopardized. Provided; however, prior to granting a sentence

modification under the provisions of this subsection, the court

shall provide notice of the hearing to determine sentence

modification to the victim or representative of the victim and shall

allow the victim or representative of the victim the opportunity to

provide testimony at the hearing. The court shall consider the

Oklahoma Statutes - Title 22. Criminal Procedure Page 273

testimony of the victim or representative of the victim when

rendering a decision to modify the sentence of an offender.

C. For purposes of judicial review, upon court order or written

request from the sentencing judge, the Department of Corrections

shall provide the court imposing sentence or revocation of probation

with a report to include a summary of the assessed needs of the

offender, any progress made by the offender in addressing his or her

assessed needs, and any other information the Department can supply

on the offender. The court shall consider such reports when

modifying the sentence or revocation of probation. The court shall

allow the Department of Corrections at least twenty (20) days after

receipt of a request or order from the court to prepare the required

reports.

D. If the court considers modification of the sentence or

revocation of probation, a hearing shall be made in open court after

receipt of the reports required in subsection C of this section.

The clerk of the court imposing sentence or revocation of probation

shall give notice of the judicial review hearing to the Department

of Corrections, the offender, the legal counsel of the offender, and

the district attorney of the county in which the offender was

convicted upon receipt of the reports. Such notice shall be mailed

at least twenty-one (21) days prior to the hearing date and shall

include a copy of the report and any other written information to be

considered at the judicial review hearing.

E. If an appeal is taken from the original sentence or from a

revocation of probation which results in a modification of the

sentence or modification to the revocation of probation of the

offender, such sentence may be further modified in the manner

described in paragraph 1 of subsection A of this section within

sixty (60) months after the receipt by the clerk of the district

court of the mandate from the Supreme Court or the Court of Criminal

Appeals.
Okla. Stat. tit. 22, § 22-276 — OK Code / Title 22 / Section 22-276
Magistrate discharging or holding defendant must return
Status: in_force

papers and record to court.

When a magistrate has discharged a defendant, or has held him to

answer, he must return immediately to the clerk of the district

court of the county, the warrant, if any, the complaint, the

depositions, if any have been taken, of all the witnesses examined

before him, the statement of the defendant, if he have made one, and

all undertakings of bail or for the appearance of witnesses, taken

by him, together with a certified record of the proceedings as they

appear on his docket.
Okla. Stat. tit. 22, § 22-897 — OK Code / Title 22 / Section 22-897
Retrial after discharge at same or other term
Status: in_force

In all cases where a jury are discharged or prevented from

giving a verdict, by reason of an accident or other cause, except

where the defendant is discharged from the indictment or information

during the progress of the trial, or after the cause is submitted to

them, the cause may be again tried at the same or another term, as

the court may direct.
Okla. Stat. tit. 22, § 22-915 — OK Code / Title 22 / Section 22-915
Degree of crime must be found
Status: in_force

Whenever a crime is distinguished into degrees, the jury, if

they convict the defendant, must find the degree of the crime of

which he is guilty.
Okla. Stat. tit. 22, § 22-254 — OK Code / Title 22 / Section 22-254
Adjournment of examination
Status: in_force

The examination must be completed at one session unless the

magistrate for good cause adjourn it.
Okla. Stat. tit. 22, § 22-1056 — OK Code / Title 22 / Section 22-1056
Appeal by state not to suspend judgment
Status: in_force

An appeal taken by the state in no case stays or affects the

operation of the judgment in favor of the defendant, until the

judgment is reversed.
Okla. Stat. tit. 22, § 22-31 — OK Code / Title 22 / Section 22-31
Who may resist
Status: in_force

Lawful resistance to the commission of a public offense may be

made:

1. By the party about to be injured.

2. By other parties.
Okla. Stat. tit. 22, § 22-508 — OK Code / Title 22 / Section 22-508
Demurrer sustained, effect of
Status: in_force

If the demurrer is sustained, the judgment is final upon the

indictment or information demurred to, and is a bar to another

prosecution for the same offense, unless the court, being of opinion

that the objection on which the demurrer is sustained may be avoided

in a new indictment or information, direct the case to be

resubmitted to the same or another grand jury, or that a new

information be filed.
Okla. Stat. tit. 22, § 22-1514 — OK Code / Title 22 / Section 22-1514
Purposes and policies of the criminal justice and
Status: in_force

corrections systems.

The following purposes and policies of the criminal justice and

corrections systems are hereby established:

1. Protection of the public. Incarceration should be viewed by

the court both as punishment and as a means of protecting the

public. Limitations on the freedom of the offender and the

appropriate level of custody should be dictated in the first

instance by the nature of the offense, the violent character of the

offender, the proclivity of the offender to engage in criminal

conduct as demonstrated by his criminal record, and the sound

judgment of the sentencing court after taking into account all of

the relevant aggravating and mitigating factors involved in the

offender's record of criminal conduct.

2. Punishment of the offender. After the interests of public

protection have been addressed, consideration should be given to

restriction of the liberty of the offender in such manner and to

such extent as is necessary to demonstrate clearly that the

Oklahoma Statutes - Title 22. Criminal Procedure Page 557

offender's conduct is unacceptable to society and to discourage a

repetition of such conduct. In determining the appropriate

punishment, the court should consider a range of sanctions at the

state or community level which may include incarceration, various

degrees of restrictions on the offender's liberty including house

arrest, electronic monitoring, various degrees of supervision,

community penalties, community service, restitution, reparation, or

fines.

3. Rehabilitation of the offender. Every sentencing plan

should consider treatment and rehabilitative needs of the offender

to the extent that it addresses the cause of the criminal behavior

and, therefore, might assist in correcting such behavior. The

offender should be enrolled in a program of rehabilitation over a

definite minimal period of time. The program of rehabilitation

should involve work and recreation and may involve education,

psychological or psychiatric counseling, treatment for alcohol or

drug abuse and sexual aggression either within or without the prison

walls as the individual case may indicate. The court may recommend

remedies for alcoholism, substance abuse, mental illness, education

and employment deficiencies, and may order community-based offenders

to pay for such treatment to the extent the offender is able.

Public institutions should respond to the court order at no cost to

the indigent offender. Where treatment is not available from public

institutions, the state should purchase appropriate treatment from

the private sector.

4. Restitution and reparation. When appropriate, the

sentencing plan should provide for restitution or reparation to the

victim or victims, whether they be individual citizens,

corporations, or society as a whole, to be paid as soon as

practicable. Such restitution or reparation should include

repayment for any property stolen or damaged, medical costs and lost

wages of the victims, court costs and reasonable costs to cover

pretrial detention, and restitution to the community through

community service. In those cases where the offender can be

punished and rehabilitated outside of prison without jeopardizing

the security of the society at large in their persons or property,

it is appropriate and encouraged that the offender pay his debt to

society through a range of punishments which are alternative to

incarceration. The court should order such supervision or

restrictions as deemed necessary for the offender to comply with the

restitution orders. Failure to comply should result in stricter

measures.

5. Work policy for offenders. It is the policy of this state

that offenders should work when reasonably possible, either at jobs

in the private sector to pay restitution and support their

dependents, or at community service jobs that benefit the public, or

at useful work while in prison or jail, or at educational or

Oklahoma Statutes - Title 22. Criminal Procedure Page 558

treatment endeavors as a part of a rehabilitation program.

Offenders should be offered the opportunity to reduce the duration

of their sentences by earning "time" credit for work endeavors in

achieving vocational or educational skill levels. Prisoners who are

able and do not work or who refuse to participate in treatment

programs should be prohibited from enjoying privileges which may be

provided to inmates beyond those required by law.

6. Responsibility of Department of Corrections. It is the goal

of the Department of Corrections to provide adequate prison space to

ensure that those sentenced to prison will remain incarcerated until

such time as they can be safely released, or until their active

sentences are completed, and to provide community-based supervision

for those offenders selected for supervised probation and parole by

the courts and the Pardon and Parole Board.

It is the mission of the Department to provide housing,

clothing, food and medical care to its inmates, to maintain a safe

and secure prison system, to keep accurate records, to offer job

training, education, counseling, work and treatment programs deemed

appropriate to monitor and advance the rehabilitative progress of

its inmates, to provide a fair and orderly progression through

custody levels, and to make data and recommendations regarding

parole available to the Pardon and Parole Board. As an inmate

demonstrates that he is no longer a threat to society, that the

punishment has been effective and that a program of rehabilitation

is showing progress, the inmate's level of custody may be

commensurately reduced in an orderly progression through custody

levels to parole and release from supervision.

It is the mission of the Department of Corrections to receive

convicted offenders selected by the courts and the Pardon and Parole

Board and to protect society through a coordinated program of

community supervision which provides realistic opportunities for

probationers and parolees to develop skills necessary to adjust to

free society. As a probationer or parolee demonstrates that the

supervision has been effective and that a community treatment

program is showing progress, the level of supervision may be

commensurately reduced in an orderly progression to prepare for

release from supervision.
Okla. Stat. tit. 22, § 22-301 — OK Code / Title 22 / Section 22-301
Manner of prosecution of offenses
Status: in_force

Every felony must be prosecuted by indictment or information in

the district or superior court. Misdemeanors must be prosecuted by

information, except as otherwise provided by law: Provided,

however, that the district court or the judge thereof, may, by order

made, direct that any particular misdemeanor be presented to the

grand jury, and when so ordered it may be prosecuted by indictment.
Okla. Stat. tit. 22, § 22-53 — OK Code / Title 22 / Section 22-53
Breach of bond, what constitutes
Status: in_force

An undertaking to keep the peace is broken on the failure of a

person complained of to appear at the district court as provided in

Section 5570, or upon his being convicted of a breach of the peace.
Okla. Stat. tit. 22, § 22-1145.5 — OK Code / Title 22 / Section 22-1145.5
Relief available - Effect of judgment - Act as
Status: in_force

supplemental.

All relief available in the courts of the demanding state and in

the courts of the asylum state shall be available to the court of

the asylum state in rendering its judgment and satisfaction of the

judgment of the asylum state shall constitute a complete

satisfaction of the judgment of the demanding state and the judgment

so rendered may be enforced in either state.

This act is supplemental to and not in substitution for the

provisions of the agreement on detainers, including but not limited

to sentencing, incarceration, probation, orders for restitution,

suspension and enhancement of sentence.
Okla. Stat. tit. 22, § 22-1416 — OK Code / Title 22 / Section 22-1416
Civil action in federal court authorized
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 555

The Attorney General or district attorney may bring an action on

behalf of the state, counties, municipalities, and other political

subdivisions organized pursuant to the authority of this state in

federal court for civil relief pursuant to any comparable provision

of federal law. No action brought by the Attorney General or

district attorney pursuant to the provisions of this section shall

impair the authority of any county, municipality, or political

subdivision to bring the action on its own behalf or impair its

authority to engage its own counsel in connection with the action.
Okla. Stat. tit. 22, § 22-60.28 — OK Code / Title 22 / Section 22-60.28
Uniformity of application and construction
Status: in_force

In applying and construing this act, consideration must be given

to the need to promote uniformity of the law with respect to its

subject matter among states that enact it.
Okla. Stat. tit. 22, § 22-988.6 — OK Code / Title 22 / Section 22-988.6
Planning council duties
Status: in_force

A. Each community sentencing planning council shall:

1. Plan the local community sentencing system within allocated

funds and other available resources according to the provisions of

the law and with the assistance of the Community Sentencing Division

of the Department of Corrections;

2. Promulgate rules for functioning of the planning council

which are consistent with the provisions of this act;

Oklahoma Statutes - Title 22. Criminal Procedure Page 298

3. Prepare a detailed plan within the provisions of law and

rule each fiscal year with an accompanying budget for the local

community sentencing system;

4. Identify local resources by type, cost and location which

are available to serve the court for eligible offenders sentenced to

the community;

5. Identify qualified service providers to deliver services to

the court for eligible offenders sentenced to the community;

6. Assist in monitoring the sentencing practices of the court

to ensure the local community sentencing system functions within the

allocation of resources and according to the provisions of this act;

7. Assist in preparing information necessary for qualified

services to support the local community sentencing system plan as

provided in Section 988.7 of this title;

8. Identify and advocate the use of interlocal governmental

agreements for qualified services where services are not available

within the jurisdiction or where services may be delivered in a more

cost-effective manner by another jurisdiction;

9. Form multicounty systems as may be necessary to conserve

state or local resources or to implement an appropriate range of

services to the court;

10. Review and recommend services for cost-effectiveness and

performance-based evaluation;

11. Identify various sources of funding and resources for the

local community sentencing system including a variety of free

services available to the court;

12. Assist in developing public/private partnerships in the

local jurisdiction, reciprocal agreements, and interagency

cooperation and collaboration to provide appropriate services and

support to the system; and

13. Assist in promoting local involvement and support for the

provisions of the Oklahoma Community Sentencing Act.

B. Each community sentencing planning council may employ a

local director and other personnel to perform the duties of the

local community sentencing system, subject to the availability of

funds. Such council may contract with a county to provide benefits

and payroll services to such personnel.
Okla. Stat. tit. 22, § 22-1066 — OK Code / Title 22 / Section 22-1066
Power of appellate court - Return by clerk of lower court
Status: in_force

when new trial granted.

The appellate court may reverse, affirm or modify the judgment

or sentence appealed from, and may, if necessary or proper, order a

new trial or resentencing. In either case, the cause must be

remanded to the court below, with proper instructions, and the

opinion of the court, within the time, and in the manner, to be

prescribed by rule of the court.

If the case is reversed for a new trial, the clerk of the court

from which such cause was appealed is required to make return

showing that said case was specifically called to the attention of

the trial court at the time of the setting of the docket following

receipt of mandate, and showing the court's action in placing said

cause on the docket for trial, said return to be made immediately

Oklahoma Statutes - Title 22. Criminal Procedure Page 367

after the trial and entry of judgment, or earlier disposal. Should

the case not be retried and should it be dismissed by the court,

return shall be made, giving the reasons stated by the court in his

minutes justifying such dismissal.
Okla. Stat. tit. 22, § 22-251 — OK Code / Title 22 / Section 22-251
Magistrate must inform defendant of charge and rights
Status: in_force

When the defendant is brought before a magistrate upon an

arrest, either with or without a warrant, on a charge of having

committed a public offense, the magistrate must immediately inform

him of the charge against him, and of his right to the aid of

counsel in every stage of the proceedings, and also of his right to

waive an examination before any further proceedings are had.
Okla. Stat. tit. 22, § 22-1141.23 — OK Code / Title 22 / Section 22-1141.23
Application to Governor by prosecuting attorney for
Status: in_force

requisition.

When the return to this state of a person charged with crime in

this state is required, the prosecuting attorney shall present to

the Governor his written application for a requisition for the

return of the person charged, in which application shall be stated

the name of the person so charged, the crime charged against him,

the approximate time, place and circumstances of its commission, the

Oklahoma Statutes - Title 22. Criminal Procedure Page 441

state in which he is believed to be, including the location of the

accused therein at the time the application is made and certifying

that, in the opinion of the said prosecuting attorney the ends of

justice require the arrest and return of the accused to this state

for trial and that the proceeding is not instituted to enforce a

private claim.

II. When the return to this state is required of a person who

has been convicted of a crime in this state and has escaped from

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

the prosecuting attorney of the county in which the offense was

committed, the parole board, or the warden of the institution or

sheriff of the county, from which escape was made, shall present to

the Governor a written application for a requisition for the return

of such person, in which application shall be stated the name of the

person, the crime of which he was convicted, the circumstances of

his escape from confinement or of the breach of the terms of his

bail, probation or parole, the state in which he is believed to be,

including the location of the person therein at the time application

is made.

III. The application shall be verified by affidavit, shall be

executed in duplicate and shall be accompanied by two certified

copies of the indictment returned, or information and affidavit

filed, or of the complaint made to the judge or magistrate, stating

the offense with which the accused is charged, or of the judgment of

conviction or of the sentence. The prosecuting officer, parole

board, warden or sheriff may also attach such further affidavits and

other documents in duplicate as he shall deem proper to be submitted

with such application. One copy of the application, with the action

of the Governor indicated by endorsement thereon, and one of the

certified copies of the indictment, complaint, information, and

affidavits, or of the judgment of conviction or of the sentence

shall be filed in the office of the Secretary of State to remain of

record in that office. The other copies of all papers shall be

forwarded with the Governor's requisition.
Okla. Stat. tit. 22, § 22-456 — OK Code / Title 22 / Section 22-456
Bench warrant, form of, in case of felony
Status: in_force

The bench warrant must, if the offense is a felony, be

substantially in the following form:

State of Oklahoma,

To any sheriff, constable, policeman or marshal in this state:

An indictment having been found (or information filed) on the

forthwith to arrest the above named C. D., and bring him before the

court (or before the court to which the indictment or information

may have been removed, naming it) to answer said indictment or

information; or if the court have adjourned for the term, that you

deliver him into the custody of the sheriff of the county of

Given under my hand, with the seal of said court affixed this

By order of the court.

(Seal) E. F., Clerk.
Okla. Stat. tit. 22, § 22-128 — OK Code / Title 22 / Section 22-128
Stolen property moved, jurisdiction
Status: in_force

When property taken in one county, by burglary, robbery,

larceny, or embezzlement, has been brought into another, the

jurisdiction of the offense is in either county. But if, before the

beginning of the trial of the defendant in the latter, he be

Oklahoma Statutes - Title 22. Criminal Procedure Page 120

indicted or information be filed against him in the former county,

the sheriff of the latter must, upon demand, deliver him to the

sheriff of the former county, upon being served with a certified

copy of the indictment or information, and upon a receipt indorsed

thereon by the sheriff of the former county, of the delivery of the

body of the defendant, and is, on filing the copy of the indictment

and the receipt, exonerated from all liability in respect to the

custody of the defendant.
Okla. Stat. tit. 22, § 22-1224.1 — OK Code / Title 22 / Section 22-1224.1
Oral testimony supplemental to affidavit
Status: in_force

Before issuing a search warrant the judge may take oral

testimony, sworn to under oath, supplemental to any affidavits.

Provided, however, that such oral testimony shall be recorded, such

record transcribed forthwith, and filed with the affidavits to

support the search warrant.
Okla. Stat. tit. 22, § 22-437 — OK Code / Title 22 / Section 22-437
Singular to include the plural
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 177

All laws in this chapter wherein the singular of words is used

are hereby amended to include the plural of such words to give

effect to the purpose of this act.
Okla. Stat. tit. 22, § 22-893 — OK Code / Title 22 / Section 22-893
Jury may have written instructions, forms of verdict and
Status: in_force

documents injury room - Copies of public or private documents.

On retiring for deliberation the jury may take with them the

written instructions given by the court; the forms of verdict

approved by the court, and all papers which have been received as

evidence in the cause, except that they shall take copies of such

parts of public records or private documents as ought not, in the

opinion of the court, to be taken from the person having them in

possession.
Okla. Stat. tit. 22, § 22-1062 — OK Code / Title 22 / Section 22-1062
Exceptions
Status: in_force

The exceptions stated in the case shall have the same effect as

if they had been reduced to writing, allowed and signed by the judge

at the time they were taken.
Okla. Stat. tit. 22, § 22-766 — OK Code / Title 22 / Section 22-766
Examination before magistrate or certified court reporter
Status: in_force

The order must direct that the examination be taken before a

magistrate named therein or upon agreement of both the state and

defendant before a certified court reporter. The defendant must be

present for the examination to proceed, unless the presence of the

defendant is waived by both parties.

R.L. 1910, § 6030. Amended by Laws 1994, c. 292, § 10, eff. Sept.

1, 1994.
Okla. Stat. tit. 22, § 22-585 — OK Code / Title 22 / Section 22-585
Postponement for investigation of claimed alibi
Status: in_force

Whenever testimony to establish an alibi on behalf of the

defendant shall be offered in evidence in any criminal case in any

court of record of the State of Oklahoma, and notice of the

intention of the defendant to claim such alibi, which notice shall

include specific information as to the place at which the defendant

claims to have been at the time of the alleged offense, shall not

have been served upon the district attorney at or before five (5)

days prior to the trial of the case, upon motion of the district

attorney, the court may grant a postponement for such time as it may

deem necessary to make an investigation of the facts in relation to

such evidence.
Okla. Stat. tit. 22, § 22-1372 — OK Code / Title 22 / Section 22-1372
Biological evidence preservation – Definitions
Status: in_force

A. A criminal justice agency having possession or custody of

biological evidence from a violent felony offense, as defined by

subsection F of Section 982 of Title 22 of the Oklahoma Statutes,

shall retain and preserve that biological evidence for such period

of time as any individual convicted of that crime remains

incarcerated.

B. As used in this section:

1. "Biological evidence" means physical evidentiary material

originating from the human body from which a nuclear DNA profile or

mitochondrial DNA sequence can be obtained or representative or

derivative samples of such physical evidentiary material collected

by a forensic DNA laboratory; and

2. "DNA" means deoxyribonucleic acid.

C. The criminal justice agency in possession or custody of

biological evidence may destroy or otherwise dispose of the

biological evidence before the expiration of the period of time

described in subsection A of this section only if:

1. The agency notifies any person who remains incarcerated in

connection with the case, the Oklahoma Indigent Defense System DNA

Forensic Testing Program if still applicable, and any counsel of

record or public defender organization for the judicial district in

which the judgment of conviction for such person was entered, of:

a. the intention of the agency to destroy the evidence,

and

b. the provisions of the DNA Forensic Testing Act, if

still applicable;

2. No person submits a written objection to the destruction of

the biological evidence to the agency within ninety (90) days of

receiving notice pursuant to paragraph 1 of this subsection; and

3. No other provision of law requires that such biological

evidence be preserved.
Okla. Stat. tit. 22, § 22-928.1 — OK Code / Title 22 / Section 22-928.1
Excess punishment to be disregarded by court
Status: in_force

If the jury assesses a punishment, whether of imprisonment or

fine, greater than the highest limit declared by law for the offense

of which they convict the defendant, the court shall disregard the

excess and pronounce sentence and render judgment according to the

highest limit prescribed by law in the particular case.
Okla. Stat. tit. 22, § 22-471.5 — OK Code / Title 22 / Section 22-471.5
Admissibility of statements or evidence
Status: in_force

A. 1. Any statement, or any information procured therefrom,

made by the offender to any supervising staff, which is made during

the course of any drug court investigation conducted by the

supervising staff pursuant to Section 5 of this act, and any report

Oklahoma Statutes - Title 22. Criminal Procedure Page 191

of the supervising staff's findings and recommendations to the

court, the district attorney, or the defense counsel shall not be

admissible in the criminal case pending against the offender.

2. Any statement, or any information procured therefrom, with

respect to the specific offense for which the offender was arrested

or is charged, which is made to any supervising staff subsequent to

the granting of admission of the offender to the drug court program,

shall not be admissible in the pending criminal case nor shall such

be grounds for the revocation of an offender from the program.

3. In the event that an offender is denied admission to the

drug court program or is subsequently revoked from the program, any

information gained from the drug court investigation, any statements

or information divulged during the drug court investigation or any

treatment session shall not be used in the sentencing of the

offender for the original criminal offense.

4. The restrictions provided in this section shall not preclude

the admissibility of statements or evidence obtained by the state

from independent sources.

B. 1. The offender, as consideration for entering the drug

court program, must consent to a full and complete photographic

record of property which was to be used as evidence in the pending

criminal case. The photographic record shall be competent evidence

of such property and admissible in any criminal action or proceeding

as the best evidence.

2. After the photographic record is made, the property shall be

returned as follows:

a. property, except that which is prohibited by law,

shall be returned to its owner after proper

verification of title,

b. the return to the owner shall be without prejudice to

the state or to any person who may have a claim

against the property, and

c. when a return is made to the owner, the owner shall

sign, under penalty of perjury, a declaration of

ownership, which shall be retained by the person in

charge of the property at the police department or

sheriff's office.
Okla. Stat. tit. 22, § 22-1355.13A — OK Code / Title 22 / Section 22-1355.13A
Death penalty cases - Compensation of attorneys
Status: in_force

appointed prior to July 1, 1991.

In any case wherein a defendant was subject to the death penalty

and counsel was appointed and assigned, prior to July 1, 1991, to

represent such defendant in the case because the defendant had no

means and was unable to employ counsel, the court shall allow and

direct to be paid from the Supreme Court Revolving Fund, unless

otherwise provided by law, reasonable and just compensation to the

counsel so assigned for such services as counsel may render, to

include expert and investigative services, as approved by the Chief

Justice of the Supreme Court. This section shall not apply to cases

assigned for trial to the Indigent Defense System.

In any case subject to the provisions of this section, wherein

the case is reversed and remanded for new trial on appeal, the case

shall be assigned pursuant to the Indigent Defense Act, Section

1355.1 et seq. of Title 22 of the Oklahoma Statutes, or pursuant to

Section 138.1 et seq. of Title 19 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-712 — OK Code / Title 22 / Section 22-712
Service, manner of - Cost
Status: in_force

A. Service of subpoenas for witnesses in criminal actions in

the district courts of this state shall be made in the same manner

Oklahoma Statutes - Title 22. Criminal Procedure Page 222

as in civil actions pursuant to Section 2004.1 of Title 12 of the

Oklahoma Statutes.

B. The cost of service of subpoenas shall be borne by the

parties unless otherwise ordered by the court.

R.L. 1910, § 6018. Amended by Laws 1984, c. 164, § 30, eff. Nov. 1,

1984; Laws 1985, c. 112, § 6, eff. Nov. 1, 1985; Laws 1997, c. 400,

§ 8, eff. July 1, 1997.
Okla. Stat. tit. 22, § 22-841 — OK Code / Title 22 / Section 22-841
Higher offense than charged, existence of - Jury
Status: in_force

discharged.

If it appear by the testimony that the facts proved constitute

an offense of a higher nature than that charged in the indictment or

information, the court may direct the jury to be discharged, and all

proceedings on the indictment or information to be suspended, and

may order the defendant to be committed or continued on, or admitted

to bail, to answer any new indictment or information which may be

filed against him for the higher offense.
Okla. Stat. tit. 22, § 22-955 — OK Code / Title 22 / Section 22-955
Court may arrest on its own motion - Effect of allowing
Status: in_force

motion.

The court may also on its own view of any of these defects,

arrest the judgment without motion. The effect of allowing a motion

in arrest of judgment is to place the defendant in the same

situation in which he was before the indictment or information was

filed, and in no case of arrest of judgment is the verdict a bar to

another prosecution.
Okla. Stat. tit. 22, § 22-980 — OK Code / Title 22 / Section 22-980
Duty of sheriff when defendant sentenced to state prison
Status: in_force

If the judgment is for imprisonment in a state prison, the

sheriff of the county or subdivision must, upon receipt of a

certified copy thereof or authorized notification thereof, take and

deliver the defendant to the warden of the Lexington Assessment and

Reception Center or to a place determined by the Director of the

Department of Corrections. The sheriff must also deliver to the

Department of Corrections:

1. A certified copy of the judgment and sentence, unless the

judgment and sentence has previously been sent electronically by an

authorized clerk of the court;

Oklahoma Statutes - Title 22. Criminal Procedure Page 269

2. A copy of any medical, dental, or mental health records of

the defendant for conditions reviewed or treated while in the

custody of the sheriff;

3. Any medication or medical or dental device prescribed for

the defendant while in the custody of the sheriff or for a pre-

existing condition;

4. Any forms required to be filed pursuant to the rules of the

Court of Criminal Appeals at the time of the formal sentencing; and

5. Any forms of identification of the defendant that were in

the possession of the defendant at the time of sentencing.

Upon delivery of the defendant with the required judgment,

records and medication or devices, the sheriff must take from the

Department of Corrections a receipt for the defendant, and make

return thereof to the court.

R.L. 1910, § 5965. Amended by Laws 1978, c. 13, § 1, emerg. eff.

Feb. 14, 1978; Laws 1998, c. 89, § 2, eff. July 1, 1998; Laws 1999,

c. 51, § 1, eff. July 1, 1999; Laws 2003, c. 294, § 2, eff. Nov. 1,

2003; Laws 2004, c. 239, § 2, eff. July 1, 2004.
Okla. Stat. tit. 22, § 22-966 — OK Code / Title 22 / Section 22-966
Clerk to issue bench warrant - Several counties
Status: in_force

The clerk, on the application of the district attorney, may,

accordingly, at any time after the order, whether the court be

sitting or not, issue a bench warrant into one or more counties.
Okla. Stat. tit. 22, § 22-171 — OK Code / Title 22 / Section 22-171
Complaint - Issuance of warrant of arrest
Status: in_force

When a complaint, verified by oath or affirmation, is laid

before a magistrate, of the commission of a public offense, he must,

if satisfied therefrom that the offense complained of has been

Oklahoma Statutes - Title 22. Criminal Procedure Page 128

committed, and that there is reasonable ground to believe that the

defendant has committed it, issue a warrant of arrest.
Okla. Stat. tit. 22, § 22-471.7 — OK Code / Title 22 / Section 22-471.7
Monitoring of treatment progress
Status: in_force

A. The designated drug court judge shall make all judicial

decisions concerning any case assigned to the drug court docket or

program. The judge shall require progress reports and a periodic

review of each offender during his or her period of participation in

the drug court program or for purposes of collecting costs and fees

after completion of the treatment portion of the program. Reports

from the treatment providers and the supervising staff shall be

presented to the drug court judge as specified by the treatment plan

or as ordered by the court.

B. Upon the written or oral motion of the treatment provider,

the district attorney, the defense attorney, the defendant, or the

supervising staff, the drug court judge shall set a date for a

hearing to review the offender, the treatment plan, and the

provisions of the performance contract. Notice shall be given to

the offender and the other parties participating in the drug court

case three (3) days before the hearing may be held.

C. The judge may establish a regular schedule for progress

hearings for any offender in the drug court program. The district

attorney shall not be required to attend regular progress hearings,

but shall be required to be present upon the motion of any party to

a drug court case.

D. The treatment provider, the supervising staff, the district

attorney, and the defense attorney shall be allowed access to all

information in the offender's drug court case file and all

information presented to the judge at any periodic review or

progress hearing.

E. The drug court judge shall recognize relapses and restarts

in the program which are considered to be part of the rehabilitation

and recovery process. The judge shall accomplish monitoring and

offender accountability by ordering progressively increasing

sanctions or providing incentives, rather than removing the offender

from the program when relapse occurs, except when the offender's

conduct requires revocation from the program. Any revocation from

the drug court program shall require notice to the offender and

other participating parties in the case and a revocation hearing.

At the revocation hearing, if the offender is found to have violated

the conditions of the plea agreement or performance contract and

Oklahoma Statutes - Title 22. Criminal Procedure Page 196

disciplinary sanctions have been insufficient to gain compliance,

the offender shall be revoked from the program and sentenced for the

offense as provided in the plea agreement.

F. Upon application of any participating party to a drug court

case, the judge may modify a treatment plan at any hearing when it

is determined that the treatment is not benefiting the offender.

The primary objective of the judge in monitoring the progress of the

offender and the treatment plan shall be to keep the offender in

treatment for a sufficient time to change behaviors and attitudes.

Modification of the treatment plan requires a consultation with the

treatment provider, supervising staff, district attorney, and the

defense attorney in open court.

G. The judge shall be prohibited from amending the written plea

agreement after an offender has been admitted to the drug court

program. Nothing in this provision shall be construed to limit the

authority of the judge to remove an offender from the program and

impose the required punishment stated in the plea agreement after

application, notice, and hearing.
Okla. Stat. tit. 22, § 22-461 — OK Code / Title 22 / Section 22-461
Taking bail in another county
Status: in_force

A. If the defendant is brought before a magistrate of another

county for the purpose of giving bail, the magistrate must proceed

in respect thereto, in the same manner as if the defendant had been

Oklahoma Statutes - Title 22. Criminal Procedure Page 181

brought before the magistrate upon a warrant of arrest, and the same

proceedings may be had thereon.

B. If a defendant is confined in a county jail, municipal jail,

or a jail operated by a regional jail authority, and the defendant

has a request to hold in custody from another jurisdiction within

the state, the defendant may post a bond in the other jurisdiction

to release the hold. Upon proof that a bond has been posted, the

request to hold in custody from the other jurisdiction shall be

released.
Okla. Stat. tit. 22, § 22-204 — OK Code / Title 22 / Section 22-204
Private person may break door or window
Status: in_force

If the person to be arrested has committed a felony, and a

private person, after notice of the intention to make the arrest, be

refused admittance, the private person may break open an outer or

inner door or window of the dwelling house of the person to be

arrested, for the purpose of making the arrest.
Okla. Stat. tit. 22, § 22-171.3 — OK Code / Title 22 / Section 22-171.3
Custody of persons subject to immigration detainer
Status: in_force

request.

A. A law enforcement agency that has custody of a person who is

subject to an immigration detainer request issued by the United

States Immigration and Customs Enforcement shall:

1. Comply with, honor and fulfill any request made in the

immigration detainer request provided by the United States

Immigration and Customs Enforcement; and

2. Inform the person identified in the immigration detainer

request that he or she is being held pursuant to an immigration

detainer request issued by the United States Immigration and Customs

Enforcement.

B. A law enforcement agency shall not be required to perform a

duty imposed by subsection A of this section with respect to a

person who has provided proof that the person is a citizen of the

United States. Such proof may include:

1. An Oklahoma driver license or identification card issued by

Service Oklahoma on or after November 1, 2007; or

2. State- or federal government-issued identification.

C. As used in this section:

1. “Immigration detainer request” means a federal government

request to a local entity to maintain temporary custody of an alien,

including a United States Department of Homeland Security Form I-247

document or a similar successor form; and

2. “Law enforcement agency” means any state, county or

municipal agency or department which maintains custody of persons

accused of, charged with or convicted of any criminal offense. This

term includes, but shall not be limited to, peace officers,

sheriffs, deputy sheriffs, jailers, correctional officers, agents,

employees or contractors of a law enforcement agency.
Okla. Stat. tit. 22, § 22-1322 — OK Code / Title 22 / Section 22-1322
Stolen property - Magistrate to order delivery, when
Status: in_force

On satisfactory proof of title to the property, the magistrate

before whom the information is laid, or who examines the charge

against the person accused of stealing or embezzling the property,

may order it to be delivered to the owner on his or her paying the

reasonable and necessary expenses incurred in its preservation, to

be certified by the magistrate. The order entitles the owner to

demand and receive the property. Such property shall be made

available to the owner within twenty (20) days of the issuance of

the order. The court, however, may keep the property as evidence or

Oklahoma Statutes - Title 22. Criminal Procedure Page 493

on the issuance of an order, require the owner to present such

property at trial.
Okla. Stat. tit. 22, § 22-984.2 — OK Code / Title 22 / Section 22-984.2
Renumbered as § 142A-9 of Title 21 by Laws 2010, c. 135,
Status: in_force

§ 20, eff. Nov. 1, 2010.
Okla. Stat. tit. 22, § 22-195 — OK Code / Title 22 / Section 22-195
Officer's breaking door or window to liberate himself or
Status: in_force

another arrester.

An officer may break open an outer or inner door or window of a

dwelling house for the purposes of liberating a person who, having

entered for the purpose of making an arrest, is detained therein, or

when necessary for his own liberation.
Okla. Stat. tit. 22, § 22-496 — OK Code / Title 22 / Section 22-496
Objection to indictment or information waived, when
Status: in_force

If the motion to set aside the indictment or information be not

made the defendant is precluded from afterwards taking the

objections mentioned in the last section.
Okla. Stat. tit. 22, § 22-34.1 — OK Code / Title 22 / Section 22-34.1
Excessive force by peace officers - Definition
Status: in_force

A. Any peace officer, as defined in Section 648 of Title 21 of

the Oklahoma Statutes, who uses excessive force in pursuance of such

Oklahoma Statutes - Title 22. Criminal Procedure Page 46

officer's law enforcement duties shall be subject to the criminal

laws of this state to the same degree as any other citizen, if

excessive force is established as an element of any alleged

violation under the criminal laws of this state. As used in this

section and Section 34.2 of this title, "law enforcement duties"

means duties carried out while acting as a peace officer pursuant to

Section 99a of Title 21 of the Oklahoma Statutes.

B. As used in this section and Section 34.2 of this title,

"excessive force" means physical force which exceeds the degree of

physical force reasonably permitted by law. The use of excessive

force shall be presumed when a peace officer continues to apply

physical force in excess of the force permitted by law to a person

who has been rendered incapable of resisting arrest.
Okla. Stat. tit. 22, § 22-305.6 — OK Code / Title 22 / Section 22-305.6
District Attorneys Council - Duties
Status: in_force

The District Attorneys Council shall assist each district

attorney in the development of the deferred prosecution program in

Oklahoma Statutes - Title 22. Criminal Procedure Page 155

their jurisdictions, and shall prepare and promulgate model forms

for the use of the various district attorneys of this state.
Okla. Stat. tit. 22, § 22-561 — OK Code / Title 22 / Section 22-561
Change of venue - When granted - Application - Affidavits and evidence - Removal as to
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 9and evidence - Removal as to part of defendants.

Oklahoma Statutes - Title 22. Criminal Procedure Page 207

Any criminal cause pending in the district court may, at any

time before the trial is begun, on the application of the defendant

be removed from the county in which it is pending to some other

county in said judicial district, whenever it shall appear in the

manner hereinafter provided, that the minds of the inhabitants of

the county in which the cause is pending are so prejudiced against

the defendant that a fair and impartial trial cannot be had therein.

Such order of removal may be made on the application of the

defendant by petition, setting forth the facts, verified by

affidavit, if reasonable notice of the application be given to the

district attorney and the truth of the allegations in such petition

be supported by the affidavits of at least three credible persons,

who reside in said county. The district attorney may introduce

counter affidavits to show that the persons making affidavits in

support of the application are not credible persons and that the

change is not necessary, and may examine the witnesses in support of

said application in open court in regard to the truth of said

application; and if it be made to appear by the affidavits and

examination of witnesses that a fair and impartial trial cannot be

had in the county, a change shall be granted and the order made by

the court. When there are several defendants in any indictment or

criminal prosecution, and the cause of the removal thereof exists

only as to one or more of them, the other defendants shall be tried

and all proceedings had against them in the county, in which the

case is pending, in all respects as if no order of removal had been

made as to any defendant.
Okla. Stat. tit. 22, § 22-1234 — OK Code / Title 22 / Section 22-1234
Inventory to be furnished, when
Status: in_force

The magistrate must thereupon, if required, deliver a copy of

the inventory to the person from whose possession the property was

taken, and to the applicant for the warrant.
Okla. Stat. tit. 22, § 22-1519 — OK Code / Title 22 / Section 22-1519
Criminal Justice Computer Assistance Act - Offender Data
Status: in_force

Information System.

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

“Criminal Justice Computer Assistance Act”.

B. The Oklahoma State Bureau of Investigation is directed to

implement and administer a data information system called the

“Offender Data Information System”, subject to funding. The purpose

of the System shall be to:

1. Provide software and support to interested criminal justice

agencies to assist in record keeping and data reporting functions;

2. Provide a uniform method for sharing data and information

from existing databases operated by participating agencies; and

3. Transmit data and other information from participating

criminal justice agencies to other local, state and federal agencies

upon request or as necessary.

C. The Bureau is directed to develop procedures for the

administration, participation, operation and use of the Offender

Data Information System.

D. Any criminal justice agency of this state may voluntarily

participate in the Offender Data Information System. The Bureau may

Oklahoma Statutes - Title 22. Criminal Procedure Page 561

charge a reasonable user fee for those criminal justice agencies

that participate in the Offender Data Information System. All

monies received from such fees shall be deposited in the OSBI

Revolving Fund.

E. Nothing in this section shall be construed to compel

participation of any state or local criminal justice agency in the

Offender Data Information System.
Okla. Stat. tit. 22, § 22-52 — OK Code / Title 22 / Section 22-52
Proceedings when parties appear
Status: in_force

If both parties appear, the court may hear their proofs and

allegations, and may either discharge the undertaking or require a

new one for a time not exceeding one (1) year.
Okla. Stat. tit. 22, § 22-991a-14 — OK Code / Title 22 / Section 22-991a-14
Purpose
Status: in_force

The purpose and intent of the Elderly and Incapacitated Victim's

Protection Program is to provide enhanced sentencing for persons

committing certain offenses against elderly or incapacitated

persons.
Okla. Stat. tit. 22, § 22-1373.3 — OK Code / Title 22 / Section 22-1373.3
Pro se referrals
Status: in_force

The sentencing court, in its discretion, may refer pro se

requests for DNA testing to qualified parties willing to accept the

referrals for further review without appointing the parties as

counsel for the convicted person at that time. Such qualified

parties may include, but shall not be limited to, indigent defense

organizations or clinical legal education programs.
Okla. Stat. tit. 22, § 22-1107 — OK Code / Title 22 / Section 22-1107
Arrest of defendant by bail - Commitment of defendant and
Status: in_force

exoneration of bail.

Any party charged with a criminal offense and admitted to bail

may be arrested by his bail at any time before they are finally

discharged, and at any place within the state; or by a written

authority indorsed on a certified copy of the recognizance, bond or

undertaking, may empower any officer or person of suitable age and

Oklahoma Statutes - Title 22. Criminal Procedure Page 412

discretion, to do so, and he may be surrendered and delivered to the

proper sheriff or other officer, before any court, judge or

magistrate having the proper jurisdiction in the case; and at the

request of such bail the court, judge or magistrate shall recommit

the party so arrested to the custody of the sheriff or other

officer, and endorse on the cognizance, bond or undertaking, or

certified copy thereof, after notice to the district attorney, and

if no cause to the contrary appear, the discharge and exoneration of

such bail; and the party so committed shall therefrom be held in

custody until discharged by due course of law.
Okla. Stat. tit. 22, § 22-40.2 — OK Code / Title 22 / Section 22-40.2
Victim protection order - Victims not to be discouraged
Status: in_force

from pressing charges.

A. A victim protection order for any victim of rape, forcible

sodomy, a sex offense, kidnapping or assault and battery with a

deadly weapon shall be substantially similar to a protective order

Oklahoma Statutes - Title 22. Criminal Procedure Page 51

in domestic abuse cases pursuant to the Protection from Domestic

Abuse Act.

B. A member of the immediate family of a victim of first-degree

murder may seek a victim protection order against the following

persons:

1. The person who was charged and subsequently convicted as the

principal in the crime of murder in the first degree; or

2. The person who was charged and subsequently convicted of

being an accessory to the crime of murder in the first degree.

A victim protection order for a member of the immediate family of a

victim of first-degree murder shall be substantially similar to a

protective order in domestic abuse cases pursuant to the Protection

from Domestic Abuse Act.

C. No peace officer shall discourage a victim of rape, forcible

sodomy, a sex offense, kidnapping or assault and battery with a

deadly weapon from pressing charges against any assailant of the

victim.
Okla. Stat. tit. 22, § 22-360 — OK Code / Title 22 / Section 22-360
Summons for service
Status: in_force

A. The court clerk of the county in which a prospective member

of a multicounty grand jury resides, upon receipt from the

Administrative Director of the Courts of a list of prospective

multicounty grand jurors residing in the county, shall cause such

prospective jurors to be summoned for service.

B. Where an electronic jury management system has been

authorized for use in the courts pursuant to Section 13 of this act,

the Administrative Director of the Courts is authorized to issue and

serve summons to the panel of prospective multicounty grand jurors

utilizing the approved system. The Administrative Director of the

Courts shall develop a standard summons form for multicounty grand

jurors. The Administrative Director of the Courts is authorized to

utilize the jury management system to prepare the summons and shall

mail the summons by first-class mail to every person whose name is

drawn for the multicounty grand jury, not less than ten (10) days

prior to the day the person is to appear.
Okla. Stat. tit. 22, § 22-988.9 — OK Code / Title 22 / Section 22-988.9
Fees and costs
Status: in_force

A. Any offender sentenced to a community sentence pursuant to

the Oklahoma Community Sentencing Act which requires supervision

Oklahoma Statutes - Title 22. Criminal Procedure Page 302

shall be required to pay a supervision fee. The supervising agency

shall establish the fee amount, not to exceed Forty Dollars ($40.00)

per month, based upon the offender's ability to pay. In hardship

cases the supervising agency may expressly waive all or part of the

fee. No supervising agency participating in a local community

sentencing system shall deny any offender supervision services for

the sole reason that the offender is indigent. Fees collected for

supervision services performed by the Department of Corrections

shall be paid directly to the Department to be deposited in the

Department of Corrections Revolving Fund. Supervision services

performed by contracted providers other than the Department shall be

paid directly to that contracted provider.

B. In addition to any supervision fee, eligible offenders

participating in a local community sentencing system under a court-

ordered community punishment shall be required to pay an

administrative fee to support the local system which shall not

exceed Twenty Dollars ($20.00) per month to be set by the court.

Administrative fees when collected shall be deposited with the

Community Sentencing Division within the Department of Corrections

and credited to the local community sentencing system for support

and expansion of the local community corrections system. In the

event the court fails to order the amount of the administrative fee,

the fee shall be Twenty Dollars ($20.00) per month.

C. In addition to any supervision fee and administrative fee

authorized by this section, the court shall assess court costs, and

may assess program reimbursement costs, restitution, and fines to be

paid by the offender. With the exception of supervision fees, other

fees, costs, fines, restitution, or monetary obligations ordered to

be paid by the offender shall not cease with the termination of

active supervision and such obligations shall continue until fully

paid and may be collected in the same manner as court costs.
Okla. Stat. tit. 22, § 22-912 — OK Code / Title 22 / Section 22-912
Presence of defendant required in felony cases when
Status: in_force

verdict received - Discretionary in misdemeanor cases.

If the indictment or information is for a felony, the defendant

must, before the verdict is received, appear in person. If it is

for a misdemeanor, the verdict may, in the discretion of the court,

be rendered in his absence.
Okla. Stat. tit. 22, § 22-991hv1 — OK Code / Title 22 / Section 22-991hv1
Order of no contact
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 621

In addition to the other sentencing powers of the court, when

sentencing a person who has been convicted, whether upon a verdict

or plea of guilty or nolo contendere, or who has received a

suspended sentence or any probationary term for a crime or an

attempt to commit a crime provided for in:

1. Section 843.5 of Title 21 of the Oklahoma Statutes, if the

offense involved sexual abuse or sexual exploitation, as those terms

are defined in Section 1-1-105 of Title 10A of the Oklahoma

Statutes;

2. Section 681 of Title 21 of the Oklahoma Statutes, if the

offense involved sexual assault;

3. Section 741 of Title 21 of the Oklahoma Statutes, if the

offense involved sexual abuse or sexual exploitation;

4. Section 748 of Title 21 of the Oklahoma Statutes, if the

offense involved human trafficking for commercial sex;

5. Section 843.1 of Title 21 of the Oklahoma Statutes, if the

offense involved sexual abuse or sexual exploitation;

6. Section 852.1 of Title 21 of the Oklahoma Statutes, if the

offense involved sexual abuse of a child;

7. Section 866, 885, 886, 888 or 891 of Title 21 of the

Oklahoma Statutes, if the offense involved sexual abuse or sexual

exploitation;

8. Section 1021, 1021.2, 1021.3, 1024.2 or 1029 of Title 21 of

the Oklahoma Statutes, if the offense involved child prostitution;

9. Section 1040.8 of Title 21 of the Oklahoma Statutes, if the

offense involved child sexual abuse material; or

10. Section 1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1,

1114 or 1123 of Title 21 of the Oklahoma Statutes,

the court shall issue an order that the defendant shall have no

contact directly or indirectly with the victim or the family of the

victim during the full term of the confinement of the defendant,

term of probation, period of deferment or term of confinement and

probation of the defendant.
Okla. Stat. tit. 22, § 22-791 — OK Code / Title 22 / Section 22-791
Filing commission and return
Status: in_force

The clerk or judge receiving and opening the commission and

return must immediately file it, with the affidavit mentioned in the

last two sections, in the office of the clerk of the court in which

the indictment or information is pending. If the commission and

return is transmitted by mail, the clerk to whom it is addressed

must receive it from the post office, and open and file it in his

office, where it must remain unless otherwise directed by the court.
Okla. Stat. tit. 22, § 22-34.4 — OK Code / Title 22 / Section 22-34.4
Stop or arrest resulting from racial profiling
Status: in_force

Whenever a person who is stopped or arrested believes the stop

or arrest was in violation of Section 34.3 of this title, that

person may file a complaint with the Attorney General's Office of

Civil Rights Enforcement and may also file a complaint with the

district attorney for the county in which the stop or arrest

occurred. A copy of the complaint shall be forwarded to the

arresting officer's employer by the Attorney General's Office of

Civil Rights Enforcement. The employer shall investigate the

complaint for purposes of disciplinary action and/or criminal

prosecution.
Okla. Stat. tit. 22, § 22-1089.2 — OK Code / Title 22 / Section 22-1089.2
Notice of intent to appeal - Application to appeal
Status: in_force

A. If in open court at the time the adverse ruling or order is

made by the magistrate, the state shall give notice of its intention

to appeal the decision. The magistrate shall then enter the notice

in the proper court docket, continue the preliminary hearing and

retain the accused on the present bond or if the person is in

custody, return the accused to custody. The state shall file with

the court clerk a written application to appeal from the adverse

ruling or order of the magistrate within five (5) days from the date

of the adverse ruling or order.

B. If not in open court at the time the adverse ruling or order

is made by the magistrate, within five (5) days from the date of the

adverse ruling or order, the state shall file with the court clerk a

written application to appeal from the adverse ruling or order of

the magistrate.

C. A copy of the application to appeal shall immediately be

presented by the state to the Presiding Judge of the Judicial

Administrative District. The Presiding Judge shall assign the

application to another district judge or associate district judge

within the same judicial administrative district, and shall order

the assigned judge to set said matter for hearing and decision

within twenty (20) days from the filing of the written application

to appeal and shall provide at least three (3) days’ notice to all

parties of the time and place of the hearing. In the absence of the

Presiding Judge of the Judicial Administrative District, the Acting

Presiding Judge shall perform the duties of the Presiding Judge as

set forth above. The identity of the Acting Presiding Judge, if not

known locally, may be obtained from the Administrative Director of

the Courts at his office in Oklahoma City.

Oklahoma Statutes - Title 22. Criminal Procedure Page 380
Okla. Stat. tit. 22, § 22-193 — OK Code / Title 22 / Section 22-193
Resistance, means to overcome
Status: in_force

If, after notice of intention to arrest the defendant, he either

flee or forcibly resist, the officer may use all necessary means to

effect the arrest.
Okla. Stat. tit. 22, § 22-1141.6 — OK Code / Title 22 / Section 22-1141.6
Surrender of persons not fleeing from demanding state
Status: in_force

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

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

charged in such other state in the manner provided in Section 3 with

committing an act in this state, or in a third state, intentionally

resulting in a crime in the state whose executive authority is

making the demand, and the provisions of this act not otherwise

inconsistent, shall apply to such cases, even though the accused was

not in that state at the time of the commission of the crime, and

has not fled therefrom.
Okla. Stat. tit. 22, § 22-35 — OK Code / Title 22 / Section 22-35
Persons assisting officers
Status: in_force

When the officers of justice are authorized to act in the

prevention of public offenses, other persons, who, by their command,

act in their aid, are justified in so doing.
Okla. Stat. tit. 22, § 22-983b — OK Code / Title 22 / Section 22-983b
Released persons – Hearing to determine ability to pay
Status: in_force

fines, fees and costs.

A. Any person released on parole or released without parole

from a term of imprisonment with the Department of Corrections shall

be required to report at a time not less than one hundred eighty

(180) days after his or her release from the Department of

Corrections to:

1. The district court of the county from which the judgment and

sentence resulting in incarceration arose; and

2. All other district courts or municipal courts where the

person owes fines, fees, costs and assessments,

for the purpose of scheduling a hearing to determine the ability of

the person to pay fines, fees, costs or assessments owed by the

person in every felony or misdemeanor criminal case filed in a

district court or criminal case filed in a municipal court of this

state. Such hearing shall be held in accordance with the provisions

of Section VIII of the Rules of the Court of Criminal Appeals, 22

O.S. 2011, Ch. 18, App. A court may for good cause shown or in its

discretion continue such hearing for up to one hundred eighty (180)

days.

B. In determining the ability of the person to satisfy fines,

fees, costs or assessments owed to a district or municipal court,

the court shall inquire of the person at the time of the hearing

which counties and municipalities the person owes fines, fees, costs

or assessments in every felony or misdemeanor criminal case filed

against the person and shall consider all court-ordered debt,

including restitution and child support, in determining the ability

of the person to pay. In calculating and determining the ability of

a person to pay his or her fines, fees, costs, or assessments under

the provisions of this subsection, any monies received from a

federal or state government need-based assistance program shall not

be counted as personal income to pay for the legal and financial

obligations owed to the court. The court may reduce a person's

Oklahoma Statutes - Title 22. Criminal Procedure Page 276

fines, fees, costs, or assessments if it is determined by the court

that the person does not have the ability to pay the fines, fees,

costs, or assessments. However, if the court determines that a

reduction in the fines, fees, costs, or assessments is warranted,

the court shall equally apply the same percentage reduction to the

fines, fees, costs, or assessments owed by the person. The person

shall not be required to pay any outstanding fines, fees, costs or

assessments prior to the expiration of the one-hundred-eighty-day

period; provided, however, the person shall not be precluded from

voluntarily making payment toward the satisfaction of any fines,

fees, costs or assessments due and owing to a district or municipal

court of this state.

C. The Court of Criminal Appeals shall promulgate rules

governing the provisions of this section including, but not limited

to:

1. Reporting, hearing and payment requirements as provided for

in subsections A and B of this section;

2. Consolidating district and municipal court fines, fees,

costs or assessments owed by a person into one order for payment;

and

3. Accepting and distributing payments received for fines,

fees, costs or assessments to various district and municipal courts

when consolidated by the court into one order for payment.
Okla. Stat. tit. 22, § 22-1090.2 — OK Code / Title 22 / Section 22-1090.2
Definitions
Status: in_force

As used in this act:

1. “Domestic violence” means any act of physical harm or the

threat of imminent physical harm which is committed by an adult,

emancipated minor, or minor child thirteen (13) years of age or

older against another adult, emancipated minor, or minor child who

is currently or was previously an intimate partner or family or

household member;

2. “Physical abuse” means any real or threatened physical

injury or damage to the body that is not accidental;

3. “Post-traumatic 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

the victimization of a survivor related to the violence or abuse;

4. “Psychological abuse” means a pattern of real or threatened

mental intimidation, threats, coercive control, economic or

financial control, and humiliation that provokes fear of harm; and

5. “Sentencing hearing” means a postconviction hearing in which

the defendant is brought before the court for imposition of a

sentence.
Okla. Stat. tit. 22, § 22-520 — OK Code / Title 22 / Section 22-520
Acquittal, what does not constitute
Status: in_force

If the defendant was formally acquitted on the ground of

variance between the indictment or information and proof, or the

indictment or information was dismissed upon an objection to its

form or substance, or in order to hold the defendant for a higher

offense, without a judgment of acquittal, it is not an acquittal of

the same offense.
Okla. Stat. tit. 22, § 22-381 — OK Code / Title 22 / Section 22-381
Indictment may be found by nine - Endorsement
Status: in_force

An indictment cannot be found without the concurrence of at

least nine grand jurors. When so found it must be endorsed "A True

Bill", and the endorsement must be signed by the foreman.
Okla. Stat. tit. 22, § 22-743 — OK Code / Title 22 / Section 22-743
False pretenses, evidence of
Status: in_force

Upon a trial for having, with an intent to cheat or defraud

another designedly, by any false pretense, obtained the signature of

any person to a written instrument, or having obtained from any

person any money, personal property or valuable thing, the defendant

cannot be convicted if the false pretense was expressed in language

unaccompanied by a false token or writing, unless the pretense, or

some note or memorandum thereof, be in writing either subscribed by,

or in the handwriting of the defendant, or unless the pretense be

proven by the testimony of two witnesses, or that of one witness and

corroborating circumstances. But this section does not apply to

Oklahoma Statutes - Title 22. Criminal Procedure Page 231

prosecution for falsely representing or personating another, and in

such assumed character, marrying or receiving money or property.
Okla. Stat. tit. 22, § 22-323 — OK Code / Title 22 / Section 22-323
Court to appoint foreman
Status: in_force

From the persons summoned to serve as grand jurors, and

appearing, the court must appoint a foreman. The court must also

appoint a foreman when a person already appointed is discharged or

excused before the grand jury are dismissed.

Oklahoma Statutes - Title 22. Criminal Procedure Page 158
Okla. Stat. tit. 22, § 22-107 — OK Code / Title 22 / Section 22-107
Offenses during riot or insurrection
Status: in_force

A person who, after the publication of a proclamation by the

Governor or acting Governor, or who, after lawful notice as

aforesaid to disperse and retire, resists or aids in resisting the

execution of process in a county declared to be in a state of riot

or insurrection, or who aids or attempts the rescue or escape of

another from lawful custody or confinement, or who resists or aids

in resisting a force ordered out by the Governor or any civil

officer as aforesaid, to quell or suppress an insurrection or riot,

is guilty of a Class A2 felony offense, and is punishable by

imprisonment in the state prison for not less than two (2) years.

R.L. 1910, § 5591. Amended by Laws 1997, c. 133, § 436, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 320, eff. July 1, 1999;
Okla. Stat. tit. 22, § 22-839 — OK Code / Title 22 / Section 22-839
Discharge of defendant that he may testify for state
Status: in_force

When two or more persons are included in the same indictment or

information, the court may, at any time before the defendants have

gone into their defense, on the application of the district

attorney, direct any defendant to be discharged from the indictment

or information, that he may be compelled to be a witness for the

state.
Okla. Stat. tit. 22, § 22-1141.22 — OK Code / Title 22 / Section 22-1141.22
Warrant to agent to receive person demanded
Status: in_force

Whenever the Governor of this state shall demand a person

charged with crime or with escaping from confinement or breaking the

terms of his bail, probation or parole in this state, from the

executive authority of any other state, or from the Chief Justice or

an Associate Justice of the Supreme Court of the District of

Columbia authorized to receive such demand under the laws of the

United States, he shall issue a warrant under the seal of this

state, to some agent, commanding him to receive the person so

charged if delivered to him and convey him to the proper officer of

the county in this state in which the offense was committed.
Okla. Stat. tit. 22, § 22-60.27 — OK Code / Title 22 / Section 22-60.27
Remedies
Status: in_force

A protected individual who pursues remedies under this act is

not precluded from pursuing other legal or equitable remedies

against the respondent.
Okla. Stat. tit. 22, § 22-966A — OK Code / Title 22 / Section 22-966A
Bench warrant, fee for issuance of
Status: in_force

For the issuance of each bench warrant for a defendant's failure

to pay court costs, fines, fees, or assessments in felony,

misdemeanor, or traffic cases, the court clerk shall charge and

collect a fee of Five Dollars ($5.00). The fee shall be included in

the execution bond amount on the face of the bench warrant which is

issued for the defendant's failure to pay and shall be in addition

to the delinquent amount owed by the defendant. This fee shall be

deposited in the court clerk's revolving fund pursuant to the

provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-747 — OK Code / Title 22 / Section 22-747
Forgery of bill or note of corporation or bank, proof on
Status: in_force

trial for.

Upon a trial for forgery any bill or note purporting to be a

bill or note of an incorporated company or bank, or for passing or

attempting to pass, or having in possession with intent to pass, any

such forged bill or note, it is not necessary to prove the

incorporation of such bank or company by the charter or act of

incorporation, but it may be proved by general reputation, and

persons of skill are competent witnesses to prove that such bill or

note is forged or counterfeited.
Okla. Stat. tit. 22, § 22-493 — OK Code / Title 22 / Section 22-493
Indictment or information set aside, when
Status: in_force

The indictment or information must be set aside by the court, in

which the defendant is arraigned, and upon his motion in any of the

following cases:

1. When it is not found, endorsed, presented or filed, as

prescribed by the statutes or when the grand jury is not drawn and

impaneled as provided by law, and that fact is known to the

defendant at or before the time the jury is sworn to try the cause:

Oklahoma Statutes - Title 22. Criminal Procedure Page 200

Provided, that the defendant shall be conclusively presumed to know

matters of record.

2. When the names of the witnesses examined before the grand

jury are not made to appear on some part of the indictment, as

provided in this chapter.

3. When a person is permitted to be present during the session

of a grand jury while the vote on the finding of the indictment is

being taken, or when it is shown that after the grand jury was first

impaneled any member or members thereof, were discharged and their

places filled by persons not regularly drawn from the jury list, as

provided by law, and that they were admitted into the grand jury or

took part in their deliberations, or that the grand jury was not

impaneled anew as a whole body in open court.
Okla. Stat. tit. 22, § 22-40v2 — OK Code / Title 22 / Section 22-40v2
Definitions
Status: in_force

As used in Sections 40 through 40.3 of this title:

1. "Assault and battery with a deadly weapon" means assault and

battery with a deadly weapon or other means likely to produce death

or great bodily harm as provided in Section 652 of Title 21 of the

Oklahoma Statutes;

2. "Forcible sodomy" means the act of forcing another person to

engage in the detestable and abominable crime against nature

pursuant to Sections 886 and 887 of Title 21 of the Oklahoma

Statutes that is punishable under Section 888 of Title 21 of the

Oklahoma Statutes;

3. "Kidnapping" means kidnapping or kidnapping for purposes of

extortion as provided in Sections 741 and 745 of Title 21 of the

Oklahoma Statutes;

4. "Member of the immediate family" means the spouse, a child

by birth or adoption, a stepchild, a parent by birth or adoption, a

stepparent, a grandparent, a grandchild, a sibling or a stepsibling

of a victim of first-degree murder;

5. "Rape" means an act of sexual intercourse accomplished with

a person pursuant to Sections 1111, 1111.1 and 1114 of Title 21 of

the Oklahoma Statutes; and

6. "Sex offense" means the following crimes:

a. sexual assault as provided in Section 681 of Title 21

of the Oklahoma Statutes,

b. human trafficking for commercial sex as provided in

Section 748 of Title 21 of the Oklahoma Statutes,

c. sexual abuse or sexual exploitation by a caretaker as

provided in Section 843.1 of Title 21 of the Oklahoma

Statutes,

Oklahoma Statutes - Title 22. Criminal Procedure Page 57

d. child sexual abuse or child sexual exploitation as

provided in Section 843.5 of Title 21 of the Oklahoma

Statutes,

e. permitting sexual abuse of a child as provided in

Section 852.1 of Title 21 of the Oklahoma Statutes,

f. incest as provided in Section 885 of Title 21 of the

Oklahoma Statutes,

g. forcible sodomy as provided in Section 888 of Title 21

of the Oklahoma Statutes,

h. child stealing for purposes of sexual abuse or sexual

exploitation as provided in Section 891 of Title 21 of

the Oklahoma Statutes,

i. indecent exposure or solicitation of minors as

provided in Section 1021 of Title 21 of the Oklahoma

Statutes,

j. procuring, producing, distributing or possessing child

pornography as provided in Sections 1021.2 and 1024.2

of Title 21 of the Oklahoma Statutes,

k. parental consent to child pornography as provided in

Section 1021.3 of Title 21 of the Oklahoma Statutes,

l. aggravated possession of child pornography as provided

in Section 1040.12a of Title 21 of the Oklahoma

Statutes,

m. distributing obscene material or child pornography as

provided in Section 1040.13 of Title 21 of the

Oklahoma Statutes,

n. offering or soliciting sexual conduct with a child as

provided in Section 1040.13a of Title 21 of the

Oklahoma Statutes,

o. procuring a child for child sex trafficking or other

lewd acts as provided in Section 1087 of Title 21 of

the Oklahoma Statutes,

p. inducing a child to engage in child sex trafficking as

provided in Section 1088 of Title 21 of the Oklahoma

Statutes, and

q. lewd or indecent proposals or acts to a child or

sexual battery as provided in Section 1123 of Title 21

of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-1111 — OK Code / Title 22 / Section 22-1111
Bail for violating water safety law, Wildlife
Status: in_force

Conservation Code or other bail laws - Deposit of operator’s license

in lieu of bail.

A. Any person arrested by a law enforcement officer for any

violation of any statute relating to water safety or for any

misdemeanor violation of the Oklahoma Wildlife Conservation Code, in

addition to other provisions of law for posting bail, shall be

admitted to bail as follows:

1. By posting cash bail, of an amount as prescribed by the

schedule prepared pursuant to subsection E of Section 1115.3 of this

title, in an envelope addressed to the court clerk of the district

court of the appropriate jurisdiction. The defendant, in the

presence of the arresting officer, shall deposit the envelope

containing the citation, on which the date of the hearing has been

indicated by the arresting officer, and the bail bond for the

appearance at such time and place, in the United States mail. The

arresting officer shall furnish a receipt to the person. For the

purpose of this section, cashier's checks, postal money orders,

instruments commonly known as traveler's checks, certified checks,

and personal checks shall be considered as cash. Any person who

does not post a cash bail shall deposit with the arresting officer a

Oklahoma Statutes - Title 22. Criminal Procedure Page 415

valid license to operate a motor vehicle; provided that an out-of-

state arrestee posting cash by personal check shall deposit with the

arresting officer a valid license to operate a motor vehicle as

provided in subsection B of this section, except the receipt shall

cease to operate as a driver license if the personal check is not

honored after the last presentment. The court clerk shall supply

the office of the sheriff, the Department of Public Safety and the

Oklahoma Department of Wildlife Conservation with postage paid

preaddressed envelopes. The cost of the envelopes and postage shall

be paid from the court fund; or

2. By depositing with the arresting officer a valid license to

operate a motor vehicle, in exchange for an official receipt issued

by the arresting officer. The driver license and citation shall be

transmitted by the arresting officer to the clerk of the court

having jurisdiction over the offense.

B. Application for a replacement driver license during the

period when the original license is posted in lieu of cash bail

shall be a misdemeanor and upon conviction shall be punished by a

fine of not more than Five Hundred Dollars ($500.00) or by

imprisonment for not less than seven (7) days nor more than six (6)

months, or by both such fine and imprisonment. Provided, that

notice of the fine and punishment shall be printed on the receipt

issued for deposit of a driver license in lieu of cash bail. The

receipt for posting bail by depositing a valid driver license shall

be on forms approved by the Commissioner of Public Safety. The

receipt shall be recognized as a driver license and shall authorize

the operation of a motor vehicle until the date of arraignment but

not exceeding twenty (20) days.
Okla. Stat. tit. 22, § 22-270 — OK Code / Title 22 / Section 22-270
Witnesses to give undertaking
Status: in_force

On holding the defendant to answer the magistrate may take from

each of the material witnesses examined before him on the part of

the state, a written undertaking, without surety, to the effect that

he will appear and testify at the court to which the complaint and

deposition, if any are to be sent or that he will forfeit such sum

as the magistrate may fix and determine.
Okla. Stat. tit. 22, § 22-469 — OK Code / Title 22 / Section 22-469
Necessity for filing information after preliminary
Status: in_force

examination.

It shall not be necessary to file an information after the

preliminary examination where the complaint or preliminary

information satisfies the requirements for an information.
Okla. Stat. tit. 22, § 22-851 — OK Code / Title 22 / Section 22-851
Jury may view place - Custody of sworn officer
Status: in_force

When, in the opinion of the court, it is proper that the jury

should view the place in which the offense was charged to have been

committed, or in which any other material fact occurred, it may

order the jury to be conducted in a body, in the custody of proper

officers, to the place, which must be shown to them by a person

appointed by the court for that purpose, and the officers must be

sworn to suffer no person to speak to or communicate with the jury,

nor to do so themselves, on any subject connected with the trial,

and to return them into court without unnecessary delay, or at a

specified time.
Okla. Stat. tit. 22, § 22-1114.3A — OK Code / Title 22 / Section 22-1114.3A
Citations - Delivery of Complaint Information and
Status: in_force

Abstract of Court Record.

Oklahoma Statutes - Title 22. Criminal Procedure Page 418

A. Upon issuing a citation other than a traffic citation as

provided for in Section 1114.3 of this title, that is required to be

filed in district court, the arresting Highway Patrol officer or the

Department of Public Safety shall deliver or forward the “Complaint

Information” or “Abstract of Court Record” of the citation, in

electronic or written format:

1. To the district court clerk without the endorsement of the

district attorney or an assistant district attorney. It shall be

the duty of the district court clerk to deliver the “Complaint

Information” to the district attorney who shall endorse or decline

and file the “Complaint Information” with the district court clerk;

or

2. To the district attorney, if the Highway Patrol officer has

issued a citation which could result in the district attorney filing

an information. The district attorney shall endorse or decline and

file both parts of the citation with the district court clerk.

B. Upon receipt of a citation by the district court clerk, the

district court clerk shall deliver the original “Complaint

Information” to the district attorney. The district court clerk’s

office shall maintain the “Abstract of Court Record” part of the

citation until the final disposition of the case.

C. After final disposition of the case by the district

attorney, including a case which is declined, the district court

clerk shall clearly mark the “Abstract of Court Record” part of the

citation with the disposition information of the case and forward

the “Abstract of Court Record” to the Department of Public Safety,

in the same manner as for a traffic citation as prescribed in

Section 18-101 of Title 47 of the Oklahoma Statutes. The “Abstract

of Court Record” part of the citation shall not be obscured by any

official stamp of the district court or the district court clerk’s

office.

D. Forwarding of the “Abstract of Court Record” part of a

citation by electronic means to the Department of Public Safety

shall be allowable in a manner and format approved by the

Department.

E. A citation that is certified by the arresting Highway Patrol

officer, the district attorney or an assistant district attorney

shall constitute an information against the person arrested and

served with a citation.

F. For purposes of this section, “endorsement by the district

attorney” and “filing with the court clerk” may be accomplished by

electronic means using any method approved for electronic filing in

the courts of this state. Both the “Complaint Information” and

“Abstract of Court Record” parts of the citation may be forwarded

to, and provided by, the district court clerk in an electronic form.

Neither a paper copy of the citation, nor an original “wet ink”

Oklahoma Statutes - Title 22. Criminal Procedure Page 419

endorsement or signature shall be required from any party when using

an approved electronic method.
Okla. Stat. tit. 22, § 22-1303 — OK Code / Title 22 / Section 22-1303
Service of summons
Status: in_force

The summons must be served at least five (5) days before the day

of appearance fixed therein, by delivering a copy thereof and

showing the original to the president, or other head of the

corporation, or to the secretary, cashier or managing agent thereof.
Okla. Stat. tit. 22, § 22-1002 — OK Code / Title 22 / Section 22-1002
Governor to be informed of proceedings
Status: in_force

The judge of a court at which a conviction requiring a judgment

of death is had, must, immediately after the conviction, transmit to

the Governor, by mail or otherwise, a statement of the conviction

and judgment, and of the testimony given at the trial.
Okla. Stat. tit. 22, § 22-983a — OK Code / Title 22 / Section 22-983a
Authority to waive fines, costs and fees
Status: in_force

A. On or after November 1, 2016, the court shall have the

authority to waive all outstanding fines, court costs and fees in a

criminal case for any person who:

1. Served a period of imprisonment in the custody of the

Department of Corrections after conviction for a crime;

Oklahoma Statutes - Title 22. Criminal Procedure Page 275

2. Has been released from the custody of the Department of

Corrections;

3. Has complied with all probation or supervision requirements

since being released from the custody of the Department of

Corrections; and

4. Has made installment payments on outstanding fines, court

costs, fees and restitution ordered by the court on a timely basis

every month for the previous twenty-four (24) months following

release from the custody of the Department of Corrections.

B. The provisions of this section shall not apply to amounts

owed by the person for restitution to a victim pursuant to a court

order or child support obligations pursuant to a court order.
Okla. Stat. tit. 22, § 22-4A — OK Code / Title 22 / Section 22-4A
"Court", "courts of the state", "courts in the state" and
Status: in_force

"court clerk" defined.

As used in Title 22 of the Oklahoma Statutes, the term "court"

or "courts of the state" or "courts in the state" shall mean the

district court of the State of Oklahoma as defined in Section 91.1

of Title 20 of the Oklahoma Statutes, and the term "court clerk"

shall mean the clerk of the district court, except where a contrary

intention plainly appears.
Okla. Stat. tit. 22, § 22-60.20 — OK Code / Title 22 / Section 22-60.20
Domestic violence, substance abuse, addiction and mental
Status: in_force

health training.

The Administrative Office of the Courts shall provide annual

domestic violence, substance abuse, addiction and mental health

educational training for members of the judiciary. Subject to

available funding, curriculum for training required under this

section shall include, but not be limited to:

1. Dynamics of domestic violence;

2. The impact of domestic violence on victims and their

children including trauma and the neurobiology of trauma;

3. Identifying dominant aggressor;

4. Tactics and behavior of batterers;

5. Victim protection orders and full faith and credit under the

Violence Against Women Act of 1994;

6. Rights of victims; and

7. Evidence-based practices regarding behavioral health and

treatment of those with substance abuse or mental health needs.
Okla. Stat. tit. 22, § 22-197 — OK Code / Title 22 / Section 22-197
Arrest without warrant, breaking door or window
Status: in_force

To make an arrest, as provided in the last section, the officer

may break open an outer or inner door or window of a dwelling house,

if, after notice of his office and purpose, he be refused

admittance.
Okla. Stat. tit. 22, § 22-1141.19 — OK Code / Title 22 / Section 22-1141.19
Demand for person against whom prosecution pending
Status: in_force

If a criminal prosecution has been instituted against such

person under the laws of this state and is still pending the

Governor, in his discretion, either may surrender him on demand of

the executive authority of another state or hold him until he has

been tried and discharged or convicted and punished in this state.
Okla. Stat. tit. 22, § 22-113 — OK Code / Title 22 / Section 22-113
Notice of complaint
Status: in_force

A. Upon referral of a complaint to the Bogus Check Restitution

Program, a notice of the complaint shall be forwarded by mail to the

defendant.

B. The notice shall contain:

1. The date and amount of the check;

2. The name of the payee;

3. The date before which the defendant must contact the office

of the district attorney concerning the complaint; and

4. A statement of the penalty for obtaining money, merchandise

or services by means of a false and bogus check.
Okla. Stat. tit. 22, § 22-1415 — OK Code / Title 22 / Section 22-1415
Investigation of conduct constituting violation of
Status: in_force

Section 1403 of title.

A. When any person has engaged in, is engaged in, or is

attempting or conspiring to engage in any conduct constituting a

violation of any of the provisions of Section 1403 of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act, the Attorney

General or district attorney may conduct an investigation of the

conduct. On approval of the district judge, the Attorney General or

district attorney in accordance with the provisions of Section 258

of Title 22 of the Oklahoma Statutes is authorized before the

commencement of any civil or criminal proceeding pursuant to the

provisions of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act to subpoena witnesses, compel their attendance,

examine them under oath, or require the production of any business

papers or records by subpoena duces tecum, except that such evidence

taken shall not be receivable in any civil proceeding.

B. Any business papers and records subpoenaed by the Attorney

General or district attorney shall be available for examination by

the person who produced the material or by any duly authorized

representative of the person. Transcripts of oral testimony shall

be available for examination by the person who produced such

testimony, or counsel of the person.

Except as otherwise provided for in this section, no business

papers or records or transcripts or oral testimony, or copies of it,

subpoenaed by the Attorney General or district attorney shall be

available for examination by an individual other than another law

enforcement official without the consent of the person who produced

the business papers or records or transcript.

C. All persons served with a subpoena by the Attorney General

or district attorney pursuant to the provisions of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act shall be paid the

same fees and mileage as paid witnesses in the courts of this state.

D. No person shall, with intent to avoid, evade, prevent, or

obstruct compliance in whole or in part by any person with any duly

served subpoena of the Attorney General or district attorney

pursuant to the provisions of this section, knowingly remove from

any place, conceal, withhold, destroy, mutilate, alter, or by any

other means falsify any business papers or records that are the

subject of the subpoena ducus tecum. A violation of the provisions

of this subsection, upon conviction, is a misdemeanor.
Okla. Stat. tit. 22, § 22-770 — OK Code / Title 22 / Section 22-770
Deposition read in evidence, when - Objections to
Status: in_force

questions therein.

The deposition or certified copy thereof may be read in evidence

by either party on the trial upon its appearing that the witness is

unable to attend by reason of his death, insanity, sickness, or

infirmity, or of his continued absence from the state. Upon reading

the depositions in evidence, the same objections may be taken to a

question or answer contained therein as if the witness had been

examined orally in court.
Okla. Stat. tit. 22, § 22-715 — OK Code / Title 22 / Section 22-715
Witness residing outside county – Subpoena of court
Status: in_force

clerks.

A. No person is obliged to attend as a witness before a court

or magistrate outside the county where the witness resides or is

served with a subpoena, unless the judge of the court in which the

offense is triable, upon an affidavit of the district attorney, or

of the defendant or the defendant’s counsel, stating that he or she

believes that the evidence and attendance of the witness is material

and necessary, shall endorse on the subpoena an order for the

attendance of the witness.

B. The court clerks of this state shall not be subject to

subpoena unless the court makes a specific finding that appearance

and testimony are both material and necessary because of a written

objection to the introduction of certified documents made by the

defendant or other party prior to trial.
Okla. Stat. tit. 22, § 22-353 — OK Code / Title 22 / Section 22-353
Jurisdiction
Status: in_force

A. The jurisdiction of a multicounty grand jury impaneled under

the Multicounty Grand Jury Act shall extend throughout the state,

including but not limited to, a single county as designated in the

State Supreme Court's order convening the multicounty grand jury.

B. The subject matter jurisdiction of the multicounty grand

jury shall be limited to:

1. Murder;

2. Rape;

3. Bribery;

4. Extortion;

5. Arson;

6. Perjury;

7. Fraud;

8. Embezzlement;

9. Manufacturing, distribution, dispensing, possession or

possession with intent to manufacture, distribute or dispense, a

controlled dangerous substance, or any other violation of Section 2-

101 et seq. of Title 63 of the Oklahoma Statutes;

10. Organized crime, which for purposes of the Multicounty

Grand Jury Act, means any unlawful activity of an association

trafficking in illegal goods or services, including but not limited

to, gambling; loan sharking; controlled dangerous substances; labor

racketeering, or other unlawful activities; or any continuing

criminal conspiracy or other unlawful practice which has as its

objectives improper governmental influence or economic gain through

fraudulent or coercive practices;

11. Public corruption, which for purposes of the Multicounty

Grand Jury Act, means any unlawful activity under color of or in

connection with any public office or employment of any law

enforcement officer, public official, public employee, candidate for

public office, or any agent thereof;

12. The registration or failure to register securities;

13. The offer or sale of securities;

14. The sale or purchase of goods or services by or for the

state or any political subdivision thereof, or the misappropriation

of funds belonging to or entrusted to the state or any political

subdivision thereof; and

15. All character and grades of crime pursuant to Section 18 of

Article II of the Oklahoma Constitution.
Okla. Stat. tit. 22, § 22-518 — OK Code / Title 22 / Section 22-518
Plea of not guilty, issues on
Status: in_force

The plea of not guilty puts in issue every material allegation

in the indictment or information.
Okla. Stat. tit. 22, § 22-410 — OK Code / Title 22 / Section 22-410
Immaterial informalities to be disregarded
Status: in_force

No indictment or information is insufficient, nor can the trial,

judgment, or other proceedings thereon be affected, by reason of a

defect or imperfection in the matter of form which does not tend to

the prejudice of the substantial rights of the defendant upon the

merits.
Okla. Stat. tit. 22, § 22-1373.2 — OK Code / Title 22 / Section 22-1373.2
Motion requesting testing
Status: in_force

A. Notwithstanding any other provision of law concerning

postconviction relief, a person convicted of a violent felony crime

or who has received a sentence of twenty-five (25) years or more and

who asserts that he or she did not commit such crime may file a

motion in the sentencing court requesting forensic DNA testing of

any biological material secured in the investigation or prosecution

attendant to the challenged conviction. Persons eligible for

testing shall include any and all of the following:

1. Persons currently incarcerated, civilly committed, on parole

or probation or subject to sex offender registration;

2. Persons convicted on a plea of not guilty, guilty or nolo

contendere;

3. Persons deemed to have provided a confession or admission

related to the crime, either before or after conviction of the

crime; and

4. Persons who have discharged the sentence for which the

person was convicted.

B. A convicted person may request forensic DNA testing of any

biological material secured in the investigation or prosecution

attendant to the conviction that:

1. Was not previously subjected to DNA testing; or

2. Although previously subjected to DNA testing, can be

subjected to testing with newer testing techniques that provide a

reasonable likelihood of results that are more accurate and

probative than the results of the previous DNA test.

Oklahoma Statutes - Title 22. Criminal Procedure Page 532

C. The motion requesting forensic DNA testing shall be

accompanied by an affidavit sworn to by the convicted person

containing statements of fact in support of the motion.

D. Upon receipt of the motion requesting forensic DNA testing,

the sentencing court shall provide a copy of the motion to the

attorney representing the state and require the attorney for the

state to file a response within sixty (60) days of receipt of

service or longer, upon good cause shown. The response shall

include an inventory of all the evidence related to the case,

including the custodian of such evidence.

E. A guardian of a convicted person may submit motions for the

convicted person under the provisions of this act and shall be

entitled to counsel as otherwise provided to a convicted person

pursuant to this act.
Okla. Stat. tit. 22, § 22-188 — OK Code / Title 22 / Section 22-188
Aid to officer
Status: in_force

Every person must aid an officer in the execution of a warrant,

if the officer require his aid.
Okla. Stat. tit. 22, § 22-355 — OK Code / Title 22 / Section 22-355
Disclosures - Witness right to assistance of counsel
Status: in_force

A. Disclosure of matters occurring before the multicounty grand

jury other than its deliberations and the vote of any juror may be

used by the Attorney General in the performance of his duties. The

Attorney General may disclose so much of the multicounty grand

jury's proceedings to law enforcement agencies as he considers

essential to the public interest and effective law enforcement.

Otherwise, a grand juror, attorney, interpreter, stenographer,

operator of any recording device, or any typist who transcribes

recorded testimony may disclose matters occurring before the

multicounty grand jury only when so directed by the court. All such

persons shall be sworn to secrecy and shall be in contempt of court

if they reveal any information which they are sworn to keep secret.

B. 1. A witness subpoenaed to appear and testify before a

multicounty grand jury or to produce documents, records, or other

evidence shall be entitled to the assistance of counsel, including

assistance during such time as the witness is questioned in the

presence of the multicounty grand jury.

2. If counsel desired by the witness is not available, the

witness shall obtain other counsel within a reasonable time in order

that the multicounty grand jury may proceed with its investigation.

3. Such counsel may be retained by the witness or shall be

appointed in the case of any person unable to procure sufficient

funds to obtain legal representation.

4. Such counsel shall be allowed to be present in the grand

jury room during the questioning of the witness and shall be allowed

to advise the witness but shall make no objections or arguments or

otherwise address the multicounty grand jury or its legal advisor.

Oklahoma Statutes - Title 22. Criminal Procedure Page 168

The presiding judge shall have the same power to remove such counsel

from the grand jury room as a judge has with respect to an attorney

in any court proceeding. Violation of this subsection shall be

punishable as contempt.

C. No witness shall be prohibited from disclosing his testimony

before the multicounty grand jury except for cause shown in a

hearing before the presiding judge. In no event may a witness be

prevented from disclosing his testimony to his attorney.
Okla. Stat. tit. 22, § 22-153 — OK Code / Title 22 / Section 22-153
Absence from state, limitation does not run
Status: in_force

If when the offense is committed the defendant be out of the

state, the prosecution may be commenced within the term herein

limited after his coming within the state, and no time during which

the defendant is not an inhabitant of or usually resident within the

state, is part of the limitation.
Okla. Stat. tit. 22, § 22-1092 — OK Code / Title 22 / Section 22-1092
Legislative findings, declarations, and intent
Status: in_force

It is hereby found and declared that:

1. The Interstate Compact for the Supervision of Parolees and

Probationers, established in 1937, was the earliest corrections

compact established among the states and has not been amended since

its adoption over sixty-two (62) years ago;

2. The Interstate Compact for the Supervision of Parolees and

Probationers is the only vehicle for the controlled movement of

adult parolees and probationers across state lines, and it provides

jurisdiction over more than a quarter of a million offenders;

3. The complexities of this compact have become more difficult

to administer, and many jurisdictions have expanded supervision

expectations to include unregulated practices such as victim input,

victim notification requirements and sex offender registration;

4. After hearings, national surveys, and a detailed study by a

task force appointed by the National Institute of Corrections, the

overwhelming recommendation has been to enact a new compact to bring

Oklahoma Statutes - Title 22. Criminal Procedure Page 387

about an effective management capacity that addresses public safety

concerns and offender accountability; and

5. Upon the adoption of the Interstate Compact for Adult

Offender Supervision, it is the intention of the legislature to

repeal the Uniform Act for Out-of-State Parolee Supervision,

Sections 347, et seq. of Title 57 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-260 — OK Code / Title 22 / Section 22-260
Magistrate to keep depositions - Inspection
Status: in_force

The magistrate or his clerk must keep the depositions taken on

the examination, if any have been taken, and the statement of the

defendant, if any, until they are returned to the proper court, and

must not permit them to be inspected by any person except a judge of

a court having jurisdiction of the offense, the district attorney,

and the defendant and his counsel.
Okla. Stat. tit. 22, § 22-456A — OK Code / Title 22 / Section 22-456A
Bench warrant, fee for issuance of
Status: in_force

For the issuance of each bench warrant for a defendant's failure

to pay court costs, fines, fees, or assessments in felony,

Oklahoma Statutes - Title 22. Criminal Procedure Page 180

misdemeanor, or traffic cases, the court clerk shall charge and

collect a fee of Five Dollars ($5.00). The fee shall be included in

the execution bond amount on the face of the bench warrant which is

issued for the defendant's failure to pay and shall be in addition

to the delinquent amount owed by the defendant. This fee shall be

deposited in the court clerk's revolving fund pursuant to the

provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-1014 — OK Code / Title 22 / Section 22-1014
Manner of inflicting punishment of death
Status: in_force

A. The punishment of death shall be carried out by the

administration of a lethal quantity of a drug or drugs until death

is pronounced by a licensed physician according to accepted

standards of medical practice. For purposes of this subsection, the

Uniform Controlled Dangerous Substances Act shall not apply to the

Department of Corrections or to any person who participates in the

execution or administers one or more controlled dangerous

substances.

B. If the execution of the sentence of death as provided in

subsection A of this section is held unconstitutional by an

appellate court of competent jurisdiction or is otherwise

unavailable, then the sentence of death shall be carried out by

nitrogen hypoxia.

C. If the execution of the sentence of death as provided in

subsections A and B of this section is held unconstitutional by an

appellate court of competent jurisdiction or is otherwise

unavailable, then the sentence of death shall be carried out by

electrocution.

D. If the execution of the sentence of death as provided in

subsections A, B and C of this section is held unconstitutional by

an appellate court of competent jurisdiction or is otherwise

unavailable, then the sentence of death shall be carried out by

firing squad.

R.L. 1910, § 5981. Amended by Laws 1913, c. 113, p. 206, § 1; Laws

1951, p. 63, § 1, emerg. eff. May 26, 1951; Laws 1977, c. 41, § 1;
Okla. Stat. tit. 22, § 22-135 — OK Code / Title 22 / Section 22-135
Principal not present, jurisdiction
Status: in_force

The jurisdiction of a prosecution against a principal in the

commission of a public offense, when such principal is not present

at the commission of the public offense, is in the same county as it

would be under this article, if he were so present and aiding and

abetting therein.
Okla. Stat. tit. 22, § 22-36.2 — OK Code / Title 22 / Section 22-36.2
National Park Service rangers - Arrest authority and
Status: in_force

immunity from suit.

A National Park Service ranger who, in the official capacity as

park ranger, is authorized by law to make arrests shall, when making

an arrest in this state for a nonfederal offense, have the same

legal status and immunity from suit as a state or local law

enforcement officer if the arrest is made under the following

circumstances:

1. The Park Service ranger reasonably believes that the person

arrested has committed a felony in the presence of the ranger or is

committing a felony in the presence of the ranger;

2. The Park Service ranger reasonably believes the person

arrested has committed a misdemeanor that amounts to a breach of the

peace in the presence of the ranger or is committing a misdemeanor

that amounts to a breach of the peace in the presence of the ranger;

or

3. The Park Service ranger is rendering assistance to a law

enforcement officer of this state in an emergency or at the request

of such officer or pursuant to a memorandum of understanding between

the state or a political subdivision of the state and the United

States Department of the Interior National Park Service.
Okla. Stat. tit. 22, § 22-601a — OK Code / Title 22 / Section 22-601a
Alternate jurors - Challenges - Oath or affirmation -
Status: in_force

Attendance upon trial.

Whenever in the opinion of the court the trial of a cause is

likely to be a protracted one, the court may, immediately after the

jury is impaneled and sworn, direct the calling of as many as two

additional jurors to be known as "alternate juror". Such alternate

jurors shall be drawn from the same source, and in the same manner,

and have the same qualifications as regular jurors, and be subject

to examination and challenge as such jurors, except that the state

shall be allowed one peremptory challenge to each alternate juror,

and all parties defendant shall together, or any one party defendant

for and on behalf and by the consent of all parties defendant, be

allowed one peremptory challenge to each alternate juror.

The alternate jurors shall be sworn (or affirmed) to well and

truly try and true deliverance make of all issues finally submitted

to them as jurors in said cause, if any such issue shall be so

finally submitted to them, and shall be seated near the regular

jurors with equal facilities for seeing and hearing the proceedings

in the cause, shall attend at all times upon the trial of the cause

in company with the regular jurors and shall obey all orders and

admonitions of the court; and if the regular jurors are ordered to

be kept in the custody of an officer during the trial of the cause,

the alternate jurors shall also be kept with the other jurors, and,

except as hereinafter provided, shall be discharged upon the final

submission of the cause to the jury.

If, before the final submission of the cause to the jury, a

regular juror, or two regular jurors, shall be discharged because of

illness, or shall die, the court shall order one or both alternate

jurors, as circumstances may require, to take their places in the

Oklahoma Statutes - Title 22. Criminal Procedure Page 213

jury box. After an alternate juror is in the jury box, he shall be

subject to the same regulations and requirements as other regular

jurors.
Okla. Stat. tit. 22, § 22-1371 — OK Code / Title 22 / Section 22-1371
Short title - Program duration
Status: in_force

A. Sections 1 through 3 of this act shall be known and may be

cited as the "DNA Forensic Testing Act".

B. There is hereby created the Oklahoma Indigent Defense System

DNA Forensic Testing Program to continue until July 1, 2005.
Okla. Stat. tit. 22, § 22-1175.6b — OK Code / Title 22 / Section 22-1175.6b
Incompetence due to intellectual disability -
Status: in_force

Suspension of criminal proceedings - Placement - Conditional

release.

A. If the person is found to be incompetent primarily because

the person is intellectually disabled as defined in Section 1408 of

Title 10 of the Oklahoma Statutes and is also found by the court to

be dangerous as defined by Section 1175.1 of this title, the court

shall suspend the criminal proceedings and place the person into the

custody of the Office of Public Guardian. The Office of Public

Oklahoma Statutes - Title 22. Criminal Procedure Page 466

Guardian shall act with all powers set forth in the Oklahoma Public

Guardianship Act, and:

1. The Office of Public Guardian shall place any person placed

in its custody under this title in a facility or residential

setting, private or public, willing to accept the individual and

that has a level of supervision and security that is appropriate to

the needs of the person;

2. Such placements shall be within the sole discretion of the

Office of Public Guardian;

3. All such placements made by the Office of Public Guardian

shall be made within six (6) months of the date of the order

awarding custody to the Office of Public Guardian;

4. The Office of Public Guardian shall report to the court at

least every six (6) months as to the status of the person including,

but not limited to, the type of placement, services provided, level

of supervision, the medical and psychological health of the person,

whether the person would be dangerous if conditionally released into

a nonsecure environment, the assistance and services that would be

required for such conditional release and whether the person has

achieved competency;

5. If the person is determined by the Office of Public Guardian

to have regained competency or that conditional release to a private

guardian or other caretaker is appropriate, a hearing shall be

scheduled within twenty (20) days. If found competent by the court

or a jury after such rehearing, criminal proceedings shall be

resumed. If the court finds conditional release to be appropriate,

the court shall make an appropriate order for conditional release;

and

6. The provisions of subsections C, H and I of Section 6-101 of

Title 30 of the Oklahoma Statutes shall not apply to custody orders

arising under this title.

B. If the person is found to be incompetent for reasons other

than the person is a person requiring treatment as defined by

Section 1-103 of Title 43A of the Oklahoma Statutes and is found to

be not dangerous as defined by Section 1175.1 of this title, the

court shall suspend the criminal proceedings and either refer the

person to the Department of Human Services for consideration of

voluntary assistance or conditionally release the person as set

forth in this section.

1. For any person recommended for conditional release, a

written plan for services shall be prepared by the Department of

Human Services and filed with the court. In its order of

conditional release, the court shall specify the conditions of

release and shall direct the appropriate agencies or persons to

submit annual reports regarding the person’s compliance with the

conditions of release and progress:

Oklahoma Statutes - Title 22. Criminal Procedure Page 467

a. to be eligible for conditional release, the person

shall agree, in writing, that during the period the

person is granted conditional release and is subject

to the provisions thereof, there shall be free

transmission of all pertinent information, including

clinical information regarding the person, among the

person’s treatment providers, the appropriate district

attorneys, law enforcement and court personnel. To

effect this agreement, the person shall execute any

releases required by law to allow for the

dissemination of this information,

b. the court’s order placing the person on conditional

release shall include notice that the person’s

conditional release may be revoked upon good cause,

c. the district attorney, as well as any agency or

individual involved in providing services with regard

to the person’s conditional release, may prepare and

file an affidavit under oath if the district attorney,

agency, or individual believes that the person has

failed to comply with the conditions of release. The

court shall then conduct a hearing to determine if the

person has violated the conditions of release. Notice

of the hearing shall be issued, at least twenty-four

(24) hours before the hearing, to the Department of

Human Services, the person, trial counsel for the

person, and the client advocate general of the

Department of Human Services. After reviewing the

evidence concerning any alleged violation of the

conditions of the release, the person’s progress,

treatment alternatives, and the need for public

safety, the court may order no change to the

conditions for the person’s release or modify the

conditions of release, and

d. the person placed on conditional release shall remain

in a conditional release status until the reviewing

court issues a full release from all conditions.

2. If the person is determined by the Department of Human

Services to have regained competency, a hearing shall be scheduled

within twenty (20) days:

a. if found competent by the court or a jury after such

rehearing, criminal proceedings shall be resumed,

b. if the person is found to continue to be incompetent,

the person shall be returned to either conditional

release or referred to the Department of Human

Services for consideration of voluntary assistance.

Oklahoma Statutes - Title 22. Criminal Procedure Page 468

C. The Office of Public Guardian shall have standing to

participate in any proceeding held pursuant to this section as

deemed necessary by the Office.
Okla. Stat. tit. 22, § 22-860.1 — OK Code / Title 22 / Section 22-860.1
Second or subsequent offenses – Trial procedure
Status: in_force

In all cases in which the defendant is prosecuted for a second

or subsequent offense, except in those cases in which former

conviction is an element of the offense, the procedure shall be as

follows:

1. The trial shall proceed initially as though the offense

charged was the first offense; when the indictment or information is

read all reference to prior offenses shall be omitted; during the

trial of the case no reference shall be made nor evidence received

of prior offenses except as permitted by the rules of evidence; the

judge shall instruct the jury only on the offense charged; the jury

shall be further instructed to determine only the guilt or innocence

on the offense charged, and that punishment at this time shall not

be determined by the jury; and

2. If the verdict be guilty of the offense charged, that portion

of the indictment or information relating to prior offenses shall be

read to the jury and evidence of prior offenses shall be received.

The court shall then instruct the jury on the law relating to second

and subsequent offenses, and the jury shall then retire to determine

the fact of former conviction, and the punishment, as in other

cases.
Okla. Stat. tit. 22, § 22-326 — OK Code / Title 22 / Section 22-326
Charge to grand jury
Status: in_force

The grand jury, being impaneled and sworn, must be charged by

the court. In doing so the court must give them such information as

it may deem proper as to the nature of their duties, and as to any

charges for public offenses returned to the court, or likely to come

before the grand jury.
Okla. Stat. tit. 22, § 22-985.1 — OK Code / Title 22 / Section 22-985.1
Departure from mandatory minimum sentencing –
Status: in_force

Requirements - Exceptions.

A. When sentencing a person convicted of a criminal offense for

which there is a mandatory minimum sentence of imprisonment, the

court may depart from the applicable sentence if the court finds

substantial and compelling reasons on the record, after giving due

regard to the nature of the crime, history, and character of the

defendant and his or her chances of successful rehabilitation, that:

1. The mandatory minimum sentence of imprisonment is not

necessary for the protection of the public; or

2. Imposition of the mandatory minimum sentence of imprisonment

would result in substantial injustice to the defendant; or

3. The mandatory minimum sentence of imprisonment is not

necessary for the protection of the public and the defendant, based

on a risk and needs assessment, is eligible for an alternative

court, a diversion program or community sentencing, without regard

to exclusions because of previous convictions, and has been accepted

to the same, pending sentencing.

B. The court shall not have the discretion to depart from the

applicable mandatory minimum sentence of imprisonment on convictions

for criminal offenses under the following circumstances:

1. The offense for which the defendant was convicted is among

those crimes listed in Section 571 of Title 57 of the Oklahoma

Statutes as excepted from the definition of "nonviolent offense";

2. The offense for which the defendant was convicted was a sex

offense and will require the defendant to register as a sex offender

pursuant to the provisions of the Sex Offenders Registration Act;

3. The offense for which the defendant was convicted involved

the use of a firearm;

4. The offense for which the defendant was convicted is a crime

listed in Section 13.1 of Title 21 of the Oklahoma Statutes

requiring the defendant to serve not less than eighty-five percent

(85%) of any sentence of imprisonment imposed by the judicial system

prior to becoming eligible for consideration for parole;

5. The offense for which the defendant was convicted is a

violation of the Trafficking in Illegal Drugs Act as provided in

Sections 2-414 through 2-420 of Title 63 of the Oklahoma Statutes;

6. The defendant was the leader, manager or supervisor of

others in a continuing criminal enterprise; or

7. The offense for which the defendant was convicted is a

violation of the Oklahoma Antiterrorism Act as provided in Sections

1268 through 1268.8 of Title 21 of the Oklahoma Statutes.

C. Any departure from the mandatory minimum sentence as

authorized in this section shall not reduce the sentence to less

than twenty-five percent (25%) of the mandatory term.
Okla. Stat. tit. 22, § 22-252 — OK Code / Title 22 / Section 22-252
Defendant allowed counsel - Messages to counsel - Change
Status: in_force

of venue.

He must also allow to the defendant a reasonable time to send

for counsel, and adjourn the examination for that purpose; and must,

upon the request of the defendant, require a peace officer to take a

message to such counsel in the county or city as the defendant may

Oklahoma Statutes - Title 22. Criminal Procedure Page 142

name. The officer must, without delay, perform that duty, and shall

receive fees therefor as upon a service of a subpoena: Provided,

However, that at any time before the examination is begun, a change

of venue may be had, for the same causes and in the same manner, and

be transmitted to another justice, as in cases finally triable

before a justice of the peace.
Okla. Stat. tit. 22, § 22-1 — OK Code / Title 22 / Section 22-1
Title of code
Status: in_force

This chapter shall be known as the code of criminal procedure of

the State of Oklahoma.
Okla. Stat. tit. 22, § 22-342 — OK Code / Title 22 / Section 22-342
Juror may disclose proceedings, when
Status: in_force

A member of the grand jury may, however, be required by any

court to disclose the testimony of a witness examined before the

grand jury for the purpose of ascertaining whether it is consistent

with that given by the witness before the court, or to disclose the

testimony given before them by any person, upon a charge against him

for perjury in giving his testimony or upon his trial therefor.
Okla. Stat. tit. 22, § 22-964 — OK Code / Title 22 / Section 22-964
Officer may be directed to produce prisoner
Status: in_force

When the defendant is in custody, the court may direct the

officer in whose custody he is to bring him before it for judgment,

and the officer must do so accordingly.
Okla. Stat. tit. 22, § 22-304 — OK Code / Title 22 / Section 22-304
Information may be amended
Status: in_force

An information may be amended in matter of substance or form at

any time before the defendant pleads, without leave, and may be

amended after plea on order of the court where the same can be done

without material prejudice to the right of the defendant; no

amendment shall cause any delay of the trial, unless for good cause

shown by affidavit.

R.L. 1910, § 5695.
Okla. Stat. tit. 22, § 22-596 — OK Code / Title 22 / Section 22-596
Disposition of ballots
Status: in_force

When the jury is completed, the ballots containing the names of

the jurors sworn must be laid aside and kept apart from the ballots

containing the names of the other jurors, until the jury so sworn is

discharged.
Okla. Stat. tit. 22, § 22-600 — OK Code / Title 22 / Section 22-600
Drawing the jury
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 212

The clerk must thereupon, under the direction of the court,

publicly draw out of the box so many of the ballots, one after

another, as are sufficient to form the jury.
Okla. Stat. tit. 22, § 22-404 — OK Code / Title 22 / Section 22-404
Single offense to be charged - Different counts
Status: in_force

The indictment or information must charge but one offense, but

where the same acts may constitute different offenses, or the proof

may be uncertain as to which of two or more offenses the accused may

be guilty of, the different offenses may be set forth in separate

counts in the same indictment or information and the accused may be

convicted of either offense, and the court or jury trying the cause

may find all or either of the persons guilty of either of the

offenses charged, and the same offense may be set forth in different

forms or degrees under different counts; and where the offense may

be committed by the use of different means, the means may be alleged

in the alternative in the same count.
Okla. Stat. tit. 22, § 22-1368 — OK Code / Title 22 / Section 22-1368
Indigent Defense System Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Indigent Defense System to be designated the

"Indigent Defense System Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of federal funds, grants, gifts and such other funds as are

provided by law. All monies accruing to the credit of said fund are

hereby appropriated and may be budgeted and expended by the Board to

defray expenses relating to the performance of duties imposed upon

the Oklahoma Indigent Defense System by law. Expenditures from said

fund shall be made upon warrants issued by the State Treasurer

against claims filed as prescribed by law with the Director of the

Office of Management and Enterprise Services for approval and

payment.
Okla. Stat. tit. 22, § 22-207 — OK Code / Title 22 / Section 22-207
Pursuit and arrest of escaped prisoner
Status: in_force

If a person arrested escape or be rescued, the person from whose

custody he escaped or was rescued, may immediately pursue and retake

him, at any time, and in any place in the state.
Okla. Stat. tit. 22, § 22-1355.15 — OK Code / Title 22 / Section 22-1355.15
Contempt citations - Payment of reasonable court
Status: in_force

costs.

The System shall not approve payment of any claims for fines

resulting from contempt citations issued to attorneys defending

indigent clients. The Indigent Defense Board may, upon

recommendation of the Executive Director, approve payment of

reasonable court costs resulting from contempt citations issued to

attorneys appointed in accordance with the Indigent Defense Act.
Okla. Stat. tit. 22, § 22-57 — OK Code / Title 22 / Section 22-57
Costs
Status: in_force

In all cases of security to keep the peace under this chapter,

the court in addition to the orders mentioned in said chapter shall

tax the costs against the complainant or defendant, or both, as

justice may require, and enter judgment therefor, which may be

enforced as judgments for costs in criminal cases, and execution may

issue therefor.
Okla. Stat. tit. 22, § 22-710 — OK Code / Title 22 / Section 22-710
Subpoena duces tecum
Status: in_force

A. If the books, papers or documents be required, a direction

to the following effect must be continued in the subpoena:

And you are required also to bring with you the following:

(Describe intelligently the books, papers or documents required).

B. A subpoena duces tecum may be issued by a defendant to a

business or commercial entity for production of books, papers,

documents, or recordings to be provided to the defendant at a time

and place certain.

C. The court clerk shall issue a subpoena duces tecum

authorized by the provisions of subsection B of this section, signed

and sealed but otherwise blank, to a party requesting it, who shall

complete the subpoena before service. As an officer of the court,

an attorney authorized to practice law in this state may also issue

and sign a subpoena duces tecum authorized by the provisions of

subsection B of this section on behalf of a court in this state.

D. A subpoena duces tecum, authorized by the provisions of this

section, shall not be construed to allow a defendant to access

information or recordings related to interviews of victims in

connection with the particular case.
Okla. Stat. tit. 22, § 22-22 — OK Code / Title 22 / Section 22-22
Policy requiring electronic recording of custodial
Status: in_force

interrogation of homicide or felony sex offense suspects.

Oklahoma Statutes - Title 22. Criminal Procedure Page 44

A. As used in this section:

1. "Custodial interrogation" means questioning of a person to

whom warnings given pursuant to Miranda v. Arizona, 384 U.S. 436

(1966), are required to be given;

2. "Electronic recording" means audio or audiovisual recording;

provided, an audiovisual recording shall be used when feasible; and

3. "Place of detention" means a fixed location under the

control of a law enforcement agency of this state where individuals

are questioned about alleged crimes.

B. All law enforcement agencies of this state, in collaboration

with the county or district attorney in the appropriate

jurisdiction, shall adopt a detailed written policy requiring

electronic recording of a custodial interrogation of an individual

suspected of homicide or a felony sex offense that is conducted at a

place of detention. A policy adopted pursuant to this section shall

be made available to all officers of the law enforcement agency and

shall be available for public inspection during normal business

hours. A policy adopted pursuant to this section shall include the

following:

1. A requirement that an electronic recording shall be made of

an entire custodial interrogation of an individual suspected of

homicide or a felony sex offense that is conducted at a place of

detention;

2. A requirement that if the defendant elects to make or sign a

written statement during the course of a custodial interrogation

concerning a homicide or a felony sex offense, the making and

signing of the statement shall be electronically recorded;

3. Requirements pertaining to the retention and storage of the

electronic recording; and

4. A statement of exceptions to the requirement for

electronically recording custodial interrogations under this

section, including, but not limited to:

a. an equipment malfunction preventing electronic

recording of the interrogation in its entirety, and

replacement equipment is not immediately available,

b. the officer, in good faith, fails to record the

interrogation because the officer inadvertently fails

to operate the recording equipment properly, or

without the officer's knowledge the recording

equipment malfunctions or stops recording,

c. the suspect affirmatively asserts the desire to speak

with officers without being recorded,

d. multiple interrogations are taking place

simultaneously, exceeding the available electronic

recording capacity,

e. the statement is made spontaneously and not in

response to an interrogation question,

Oklahoma Statutes - Title 22. Criminal Procedure Page 45

f. the statement is made during questioning that is

routinely asked during the processing of an arrest of

a suspect,

g. the statement is made at a time when the officer is

unaware of the suspect's involvement in an offense

covered by the policy,

h. exigent circumstances make recording impractical,

i. at the time of the interrogation, the officer, in good

faith, is unaware of the type of offense involved, and

j. the recording is damaged or destroyed, without bad

faith on the part of any person or entity in control

of the recording.
Okla. Stat. tit. 22, § 22-850 — OK Code / Title 22 / Section 22-850
Court may advise jury to acquit
Status: in_force

If, at any time after the evidence on either side is closed, the

court deem it insufficient to warrant a conviction, it may advise

the jury to acquit the defendant. But the jury are not bound by the

advice, nor can the court, for any cause, prevent the jury from

giving a verdict.
Okla. Stat. tit. 22, § 22-329 — OK Code / Title 22 / Section 22-329
Discharge of grand juror
Status: in_force

A member of the grand jury may for ill health of himself or

immediate family, or other cause rendering him unable to serve, be

discharged before the term is ended or the labor of the grand jury

completed; or, if the judge becomes satisfied that any grand juror

is willfully refusing to discharge his duty, the court may order his

discharge. In the event of the discharge or death of a grand juror,

an alternate grand juror shall be appointed to fill the vacancy by

the court. The appointment shall be made in the same order in which

the alternate grand jurors were selected. If the number of grand

jurors and alternates becomes so depleted as to prevent the grand

jury from functioning, as many names as the court may order shall be

drawn from the jury box in the same manner the original grand jurors

and alternates were drawn, and from the names so drawn there shall

be summoned as many grand jurors and alternates as can be found and

are able to attend as necessary, and if found they shall be summoned

in the order in which their names were drawn from the box. If the

number be not thus obtained there shall be another drawing in the

same manner. When a sufficient number so drawn appears to fill the

panel, the grand jury shall in open court be reimpaneled, but

subject to challenge and be charged and sworn in the same manner as

when the grand jury was originally impaneled.
Okla. Stat. tit. 22, § 22-40.5 — OK Code / Title 22 / Section 22-40.5
Short Title
Status: in_force

Sections 2 through 4 of this act shall be known and may be cited

as the "Domestic Abuse Reporting Act".
Okla. Stat. tit. 22, § 22-988.22 — OK Code / Title 22 / Section 22-988.22
Completion of community sentence
Status: in_force

A. Any offender ordered to participate in the local community

sentencing system shall be advised of the conditions of the specific

program or service to which he or she is assigned.

B. Upon completion of any court-ordered provision, pursuant to

the Oklahoma Community Sentencing Act, the supervising agency or

contracted provider shall file a statement with the court defining

the provision which has been successfully completed. When all

court-ordered provisions have been successfully completed the

defendant shall be deemed to have completed the community

punishment.

C. The provisions of the Oklahoma Community Sentencing Act

shall not confer any rights upon the defendant to avoid a term of

imprisonment prescribed by law for the offense, nor grant any

additional rights to appeal for failure to be offered any specific

punishment or treatment option available to the court.

D. A community sentence pursuant to the Oklahoma Community

Sentencing Act shall not require active supervision, programs or

services for more than three (3) years, but may continue beyond the

three-year limitation for the purpose of completing court-ordered

restitution payments.
Okla. Stat. tit. 22, § 22-133 — OK Code / Title 22 / Section 22-133
Stealing property in another state - Receiving such stolen
Status: in_force

property.

The jurisdiction of a prosecution for stealing in any state or

county, or other territory, the property of another, or receiving

it, knowing it to have been stolen, and bringing the same into this

state, is in any county into or through which such stolen property

has been brought.
Okla. Stat. tit. 22, § 22-1089.4 — OK Code / Title 22 / Section 22-1089.4
Review of record
Status: in_force

The judge assigned the state's application to appeal shall

review all relevant portions of the record of the case before the

magistrate, including, but not limited to, partial or complete

transcripts of the preliminary hearing; affidavits for a search

warrant; search warrants; electronic recording tapes, belts or

discs; written stipulations of facts; or any evidence which was

presented at the preliminary hearing.