Okla. Stat. tit. 22, § 22-1347 — OK Code / Title 22 / Section 22-1347
Interstate Agreement on Detainers
Status: in_force

The Interstate Agreement on Detainers is hereby enacted into law

and entered into by this state with all jurisdictions legally

joining in substantially the following form:

"The contracting states solemnly agree that:

Article I

The party states find that charges outstanding against a

prisoner, detainers based on untried indictments, informations or

complaints and difficulties in securing speedy trial of persons

already incarcerated in other jurisdictions, produce uncertainties

which obstruct programs of prisoner treatment and rehabilitation.

Accordingly, it is the policy of the party states and the purpose of

this agreement to encourage the expeditious and orderly disposition

of such charges and determination of the proper status of any and

all detainers based on untried indictments, informations or

complaints. The party states also find that proceedings with

reference to such charges and detainers, when emanating from another

jurisdiction, cannot properly be had in the absence of cooperative

procedures. It is the further purpose of this agreement to provide

such cooperative procedures.

Article II

As used in this agreement:

(a) "State" shall mean a state of the United States; the United

States of America; a territory or possession of the United States;

the District of Columbia; the Commonwealth of Puerto Rico.

(b) "Sending state" shall mean a state in which a prisoner is

incarcerated at the time that he initiates a request for final

disposition pursuant to Article III hereof or at the time that a

request for custody or availability is initiated pursuant to Article

IV hereof.

Oklahoma Statutes - Title 22. Criminal Procedure Page 504

(c) "Receiving state" shall mean the state in which trial is to

be had on an indictment, information or complaint pursuant to

Article III or Article IV hereof.

Article III

(a) Whenever a person has entered upon a term of imprisonment

in a penal or correctional institution of a party state, and

whenever during the continuance of the term of imprisonment there is

pending in any other party state any untried indictment, information

or complaint on the basis of which a detainer has been lodged

against the prisoner, he shall be brought to trial within one

hundred eighty (180) days after he shall have caused to be delivered

to the prosecuting officer and the appropriate court of the

prosecuting officer's jurisdiction written notice of the place of

his imprisonment and his request for final disposition to be made of

the indictment, information or complaint; provided, that, for good

cause shown in open court, the prisoner or his counsel being

present, the court having jurisdiction of the matter may grant any

necessary or reasonable continuance. The request of the prisoner

shall be accompanied by a certificate of the appropriate official

having custody of the prisoner, stating the term of commitment under

which the prisoner is being held, the time already served, the time

remaining to be served on the sentence, the amount of good time

earned, the time of parole eligibility of the prisoner and any

decision of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition

referred to in paragraph (a) hereof shall be given or sent by the

prisoner to the warden, commissioner of corrections or any other

official having custody of him, who shall promptly forward it

together with the certificate to the appropriate prosecuting

official and court by registered or certified mail, return receipt

requested.

(c) The warden, commissioner of corrections or other official

having custody of the prisoner shall promptly inform him of the

source and contents of any detainer lodged against him and shall

also inform him of his right to make a request for final disposition

of the indictment, information or complaint on which the detainer is

based.

(d) Any request for final disposition made by a prisoner

pursuant to paragraph (a) hereof shall operate as a request for

final disposition of all untried indictments, informations or

complaints on the basis of which detainers have been lodged against

the prisoner from the state to whose prosecuting official the

request for final disposition is specifically directed. The warden,

commissioner of corrections or other official having custody of the

prisoner shall forthwith notify all appropriate prosecuting officers

and courts in the several jurisdictions within the state to which

the prisoner's request for final disposition is being sent of the

Oklahoma Statutes - Title 22. Criminal Procedure Page 505

proceeding being initiated by the prisoner. Any notification sent

pursuant to this paragraph shall be accompanied by copies of the

prisoner's written notice, request and the certificate. If trial is

not had on any indictment, information or complaint contemplated

hereby prior to the return of the prisoner to the original place of

imprisonment, such indictment, information or complaint shall not be

of any further force or effect, and the court shall enter an order

dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner

pursuant to paragraph (a) hereof shall also be deemed to be a waiver

of extradition with respect to any charge or proceeding contemplated

thereby or included therein by reason of paragraph (d) hereof, and a

waiver of extradition to the receiving state to serve any sentence

there imposed upon him, after completion of his term of imprisonment

in the sending state. The request for final disposition shall also

constitute a consent by the prisoner to the production of his body

in any court where his presence may be required in order to

effectuate the purposes of this agreement and a further consent

voluntarily to be returned to the original place of imprisonment in

accordance with the provisions of this agreement. Nothing in this

paragraph shall prevent the imposition of a concurrent sentence if

otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to his

execution of the request for final disposition referred to in

paragraph (a) hereof shall void the request.

Article IV

(a) The appropriate officer of the jurisdiction in which an

untried indictment, information or complaint is pending shall be

entitled to have a prisoner against whom he has lodged a detainer

and who is serving a term of imprisonment in any party state made

available in accordance with Article V (a) hereof upon presentation

of a written request for temporary custody or availability to the

appropriate authorities of the state in which the prisoner is

incarcerated; provided, that the court having jurisdiction of such

indictment, information or complaint shall have duly approved,

recorded and transmitted the request; and provided further, that

there shall be a period of thirty (30) days after receipt by the

appropriate authorities before the request be honored, within which

period the Governor of the sending state may disapprove the request

for temporary custody or availability, either upon his own motion or

upon motion of the prisoner.

(b) Upon request of the officer's written request as provided

in paragraph (a) hereof, the appropriate authorities having the

prisoner in custody shall furnish the officer with a certificate

stating the term of commitment under which the prisoner is being

held, the time already served, the time remaining to be served on

the sentence, the amount of good time earned, the time of parole

Oklahoma Statutes - Title 22. Criminal Procedure Page 506

eligibility of the prisoner and any decisions of the state parole

agency relating to the prisoner. Said authorities simultaneously

shall furnish all other officers and appropriate courts in the

receiving state who has lodged detainers against the prisoner with

similar certificates and with notices informing them of the request

for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this article,

trial shall be commenced within one hundred twenty (120) days of the

arrival of the prisoner in the receiving state, but for good cause

shown in open court, the prisoner or his counsel being present, the

court having jurisdiction of the matter may grant any necessary or

reasonable continuance.

(d) Nothing contained in this article shall be construed to

deprive any prisoner of any right which he may have to contest the

legality of his delivery as provided in paragraph (a) hereof, but

such delivery may not be opposed or denied on the ground that the

executive authority of the sending state has not affirmatively

consented to or ordered such delivery.

(e) If trial is not had on any indictment, information or

complaint contemplated hereby prior to the prisoner's being returned

to the original place of imprisonment pursuant to Article V (e)

hereof, such indictment, information or complaint shall not be of

any further force or effect, and the court shall enter an order

dismissing the same with prejudice.

Article V

(a) In response to a request made under Article III or Article

IV hereof, the appropriate authority in a sending state shall offer

to deliver temporary custody of such prisoner to the appropriate

authority in the state where such indictment, information or

complaint is pending against such person in order that speedy and

efficient prosecution may be had. If the request for final

disposition is made by the prisoner, the offer of temporary custody

shall accompany the written notice provided for in Article III of

this agreement. In the case of a federal prisoner, the appropriate

authority in the receiving state shall be entitled to temporary

custody as provided by this agreement or to the prisoner's presence

in federal custody at the place of trial, whichever custodial

arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an

offer of temporary custody shall present the following upon demand:

(1) Proper identification and evidence of his authority to act

for the state into whose temporary custody this prisoner is to be

given.

(2) A duly certified copy of the indictment, information or

complaint on the basis of which the detainer has been lodged and on

the basis of which the request for temporary custody of the prisoner

has been made.

Oklahoma Statutes - Title 22. Criminal Procedure Page 507

(c) If the appropriate authority shall refuse or fail to accept

temporary custody of said person, or in the event that an action on

the indictment, information or complaint on the basis of which the

detainer has been lodged is not brought to trial within the period

provided in Article III or Article IV hereof, the appropriate court

of the jurisdiction where the indictment, information or complaint

has been pending shall enter an order dismissing the same with

prejudice, and any detainer based thereon shall cease to be of any

force or effect.

(d) The temporary custody referred to in this agreement shall

be only for the purpose of permitting prosecution on the charge or

charges contained in one or more untried indictments, informations

or complaints which form the basis of the detainer or detainers or

for prosecution on any other charge or charges arising out of the

same transaction. Except for his attendance at court and while

being transported to or from any place at which his presence may be

required, the prisoner shall be held in a suitable jail or other

facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the

purposes of this agreement, the prisoner shall be returned to the

sending state.

(f) During the continuance of temporary custody or while the

prisoner is otherwise being made available for trial as required by

this agreement, time being served on the sentence shall continue to

run but good time shall be earned by the prisoner only if, and to

the extent that, the law and practice of the jurisdiction which

imposed the sentence may allow.

(g) For all purposes other than that for which temporary

custody as provided in this agreement is exercised, the prisoner

shall be deemed to remain in the custody of and subject to the

jurisdiction of the sending state and any escape from temporary

custody may be dealt with in the same manner as an escape from the

original place of imprisonment or in any other manner permitted by

law.

(h) From the time that a party state receives custody of a

prisoner pursuant to this agreement until such prisoner is returned

to the territory and custody of the sending state, the state in

which the one or more untried indictments, informations or

complaints are pending or in which trial is being had shall be

responsible for the prisoner and shall also pay all costs of

transporting, caring for, keeping and returning the prisoner. The

provisions of this paragraph shall govern unless the states

concerned shall have entered into a supplementary agreement

providing for a different allocation of costs and responsibilities

as between or among themselves. Nothing herein contained shall be

construed to alter or affect any internal relationship among the

departments, agencies and officers of and in the government of a

Oklahoma Statutes - Title 22. Criminal Procedure Page 508

party state, or between a party state and its subdivisions, as to

the payment of costs, or responsibilities therefor.

Article VI

(a) In determining the duration and expiration dates of the

time periods provided in Articles III and IV of this agreement, the

running of said time periods shall be tolled whenever and for as

long as the prisoner is unable to stand trial, as determined by the

court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made

available by this agreement shall apply to any person who is

adjudged to be mentally ill.

Article VII

Each state party to this agreement shall designate an officer

who, acting jointly with like officers of other party states, shall

promulgate rules and regulations to carry out more effectively the

terms and provisions of this agreement, and who shall provide,

within and without the state, information necessary to the effective

operation of this agreement.

Article VIII

This agreement shall enter into full force and effect as to a

party state when such state has enacted the same into law. A state

party to this agreement may withdraw herefrom by enacting a statute

repealing the same. However, the withdrawal of any state shall not

affect the status of any proceedings already initiated by inmates or

by the state officers at the time such withdrawal takes effect, nor

shall it affect their rights in respect thereof.

Article IX

This agreement shall be liberally construed so as to effectuate

its purposes. The provisions of this agreement shall be severable

and if any phrase, clause, sentence or provision of this agreement

is declared to be contrary to the constitution of any party state or

of the United States or the applicability thereof to any government,

agency, person or circumstance is held invalid, the validity of the

remainder of this agreement and the applicability thereof to any

government, agency, person or circumstance shall not be affected

thereby. If this agreement shall be held contrary to the

constitution of any state party hereto, the agreement shall remain

in full force and effect as to the remaining states and in full

force and effect as to the state affected as to all severable

matters."
Okla. Stat. tit. 22, § 22-189 — OK Code / Title 22 / Section 22-189
Arrest, when made
Status: in_force

If the offense charged is a felony, the arrest may be made on

any day, and at any time of the day or night. If it is a

misdemeanor, the arrest may be made only during the hours of six

o'clock a.m. to ten o'clock p.m., inclusive, except as otherwise may

be directed by the magistrate endorsed upon the warrant. Provided,

an arrest on a warrant which charges a misdemeanor offense may be

made at any time of the day or night if the defendant is in a public

place or on a public roadway.

R.L. 1910, § 5647. R.L. 1910, § 5647. Amended by Laws 1990, c. 148,

§ 1, emerg. eff. May 1, 1990.
Okla. Stat. tit. 22, § 22-665 — OK Code / Title 22 / Section 22-665
Trial of challenge - Examining jurors
Status: in_force

Upon the trial of a challenge to an individual juror, the juror

challenged may be examined as a witness to prove or disprove the

challenge, and is bound to answer every question pertinent to the

inquiry therein.

Oklahoma Statutes - Title 22. Criminal Procedure Page 219
Okla. Stat. tit. 22, § 22-352 — OK Code / Title 22 / Section 22-352
Regular term - Extension
Status: in_force

A. The regular term of a multicounty grand jury shall be

eighteen (18) months unless an order for discharge is entered

earlier:

1. by the court after the multicounty grand jury determines by

majority vote that its business is completed; or

2. by the court, on its own motion or on the motion of the

Attorney General, upon a determination that termination is in the

public interest.

B. The regular term of a multicounty grand jury may be extended

by the presiding judge for a specified time period upon a verified

petition by the Attorney General stating that an extension is

necessary to conclude a grand jury inquiry begun prior to the

expiration of the regular term. No jury so extended shall serve for

Oklahoma Statutes - Title 22. Criminal Procedure Page 166

more than twenty-four (24) months, unless permission is granted by

the Supreme Court.
Okla. Stat. tit. 22, § 22-11 — OK Code / Title 22 / Section 22-11
Prosecution is by state against person charged
Status: in_force

A criminal action is prosecuted in the name of the State of

Oklahoma as a party, against the person charged with the offense.
Okla. Stat. tit. 22, § 22-1115.1A — OK Code / Title 22 / Section 22-1115.1A
Release on personal recognizance for traffic violation
Status: in_force

– Arraignment – Plea – Failure to plead or appear.

A. In addition to other provisions of law for posting bail, any

person, whether a resident of this state or a nonresident, who is

arrested by a law enforcement officer solely for a misdemeanor

Oklahoma Statutes - Title 22. Criminal Procedure Page 423

violation of a state traffic law or municipal traffic ordinance,

shall be released by the arresting officer upon personal

recognizance if:

1. The arrested person has been issued a valid license to

operate a motor vehicle by this state, another state jurisdiction

within the United States, which is a participant in the Nonresident

Violator Compact or any party jurisdiction of the Nonresident

Violator Compact;

2. The arresting officer is satisfied as to the identity of the

arrested person and certifies the date and time and the location of

the violation, as evidenced by the electronic signature of the

officer;

3. The arrested person acknowledges, as evidenced by the

electronic signature of the person, a written promise to appear as

provided for on the citation, unless the person is unconscious or

injured and requires immediate medical treatment as determined by a

treating physician; and

4. The violation does not constitute:

a. a felony,

b. negligent homicide,

c. driving or being in actual physical control of a motor

vehicle while impaired or under the influence of

alcohol or other intoxicating substances, unless the

person is unconscious or injured and requires

immediate medical treatment as determined by a

treating physician,

d. eluding or attempting to elude a law enforcement

officer,

e. operating a motor vehicle without having been issued a

valid driver license or while the driving privilege

and driver license is under suspension, revocation,

denial or cancellation,

f. an arrest based upon an outstanding warrant, or

g. a traffic violation coupled with any offense stated in

subparagraphs a through f of this paragraph.

B. If the arrested person is eligible for release on personal

recognizance as provided for in subsection A of this section, then

the arresting officer shall on the citation:

1. Designate the traffic charge;

2. Record information from the driver license of the arrested

person on the citation form, including the name, address, date of

birth, physical description, type of driver license, driver license

number, issuing state, and expiration date;

3. Record the motor vehicle make, model and tag information;

4. Record the date and time on which, or before which, the

arrested person promises, as evidenced by the electronic signature

Oklahoma Statutes - Title 22. Criminal Procedure Page 424

of the person, to contact, pay, or appear at the court, as

applicable to the court;

5. Record the electronic signature of the arrested person which

shall serve as evidence and acknowledgment of a promise to contact,

pay, or appear at the court, as provided for in the citation; and

6. Record the electronic signature of the arrested person which

shall serve as evidence to certify the date and time and the

location that the arrested person was served with a copy of the

citation and notice to appear,

after which, the arresting officer shall then release the person

upon personal recognizance based upon the acknowledged promise to

appear. The citation shall contain a written notice to the arrested

person that release upon personal recognizance based upon an

acknowledged promise to appear, as evidenced by the electronic

signature of the person, for arraignment is conditional and that

failure to timely appear for arraignment shall result in the

suspension of the driving privilege and driver license of the

arrested person in this state, or in the home state of the

nonresident pursuant to the Nonresident Violator Compact.

C. The court, or the court clerk as directed by the court, may

continue or reschedule the date and time of arraignment at the

discretion of the court or upon request of the arrested person or

the attorney for that person. If the arraignment is continued or

rescheduled, the arrested person shall remain on personal

recognizance and acknowledged promise to appear until such

arraignment, in the same manner and with the same consequences as if

the continued or rescheduled arraignment was entered on the citation

by the arresting officer and electronically signed by the defendant.

An arraignment may be continued or rescheduled more than one time.

Provided, however, the court shall require an arraignment to be had

within a reasonable time. It shall remain the duty of the defendant

to appear for arraignment unless the citation is satisfied as

provided for in subsection D of this section.

D. A defendant released upon personal recognizance may elect to

enter a plea of guilty or nolo contendere to the violation charged

at any time before the defendant is required to appear for

arraignment by indicating such plea on the copy of the citation

furnished to the defendant or on a legible copy, together with the

date of the plea and signature of the defendant, or such plea may be

entered by the defendant using an electronic method provided by the

court for such purposes, either through the website of the court or

otherwise. The defendant shall be responsible for assuring full

payment of the fine and costs to the appropriate court clerk.

Payment of the fine and costs may be made by personal, cashier's,

traveler's, certified or guaranteed bank check, postal or commercial

money order, or other form of payment approved by the court in an

amount prescribed as bail for the offense. Provided, however, the

Oklahoma Statutes - Title 22. Criminal Procedure Page 425

defendant shall not use currency for payment by mail. Payment of

the fine and costs which is not accompanied by a written plea of

guilty or nolo contendere shall constitute a plea of nolo contendere

entered by the defendant as allowed by law, and shall function as a

written, dated and signed citation form acceptable to the court. A

plea of guilty or nolo contendere as provided for in this subsection

shall be accepted by the court and the amount of the fine and costs

shall be:

1. As prescribed in Section 1115.3 of this title as bail for

the violation;

2. In case of a municipal violation, as prescribed by municipal

ordinance for the violation charged; or

3. In the absence of such law or ordinance, then as prescribed

by the court.

E. 1. If, pursuant to the provisions of subsection D of this

section, the defendant does not timely elect to enter a plea of

guilty or nolo contendere and fails to timely appear for

arraignment, the court may issue a warrant for the arrest of the

defendant. The municipal or district court clerk, within one (1)

calendar year from the date the citation was issued by the arresting

officer, shall notify Service Oklahoma that:

a. the defendant was issued a traffic citation and

released upon personal recognizance after

acknowledging a written promise to appear for

arraignment as provided for in the citation,

b. the defendant has failed to appear for arraignment

without good cause shown,

c. the defendant has not posted bail, paid a fine, or

made any other arrangement with the court to satisfy

the citation, and

d. the citation has not been satisfied as provided by

law.

Additionally, the court clerk shall request Service Oklahoma to

either suspend the driving privilege and driver license of the

defendant to operate a motor vehicle in this state, or notify the

home state of the defendant and request suspension of the driving

privilege and driver license of the defendant in accordance with the

provisions of the Nonresident Violator Compact. The notice and

request shall be on a form approved or furnished by Service

Oklahoma.

2. The court clerk shall not process the notification and

request provided for in paragraph 1 of this subsection if, with

respect to such charges:

a. the defendant was arraigned, posted bail, paid a fine,

was jailed, or otherwise settled the case,

b. the defendant was not released upon personal

recognizance upon an acknowledged written promise to

Oklahoma Statutes - Title 22. Criminal Procedure Page 426

appear as provided for in this section or if released,

was not permitted to remain on such personal

recognizance for arraignment,

c. the violation relates to parking or standing, or

d. a period of one (1) calendar year or more has elapsed

from the date the citation was issued by the arresting

officer.

F. Following receipt of the notice and request from the court

clerk for driving privilege and driver license suspension as

provided for in subsection E of this section, Service Oklahoma shall

proceed as provided for in Section 1115.5 of this title.

G. The municipal or district court clerk shall maintain a

record of each request for driving privilege and driver license

suspension submitted to Service Oklahoma pursuant to the provisions

of this section. When the court or court clerk receives appropriate

bail or payment of the fine and costs, settles the citation, makes

other arrangements with the defendant, or otherwise closes the case,

the court clerk shall furnish proof thereof to the defendant, if the

defendant personally appears, or shall mail such proof by first-

class mail, postage prepaid, to the defendant at the address noted

on the citation or at such other address as is furnished by the

defendant or by email if the defendant has furnished an email

address for such purposes. Additionally, the court or court clerk

shall notify the home jurisdiction of the defendant as listed on the

citation, if such jurisdiction is a member of the Nonresident

Violator Compact, and shall, in all other cases, notify Service

Oklahoma of the resolution of the case. The form of proof and the

procedures for notification shall be approved by Service Oklahoma.

Provided however, failure by the court or court clerk to furnish

such proof or notice in the manner provided for in this subsection

shall in no event create any civil liability upon the court, the

court clerk, the State of Oklahoma or any political subdivision

thereof, or any state department or agency or any employee thereof

but duplicate proof shall be furnished to the person entitled to

such proof or notice upon request.

H. For purposes of this section, "electronic signature" shall

have the same meaning as defined in Section 15-102 of Title 12A of

the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-121 — OK Code / Title 22 / Section 22-121
Offenses commenced outside and consummated within the
Status: in_force

state.

When the commission of a public offense, commenced without this

state, is consummated within its boundaries, the defendant is liable

to punishment therefor in this state, though the defendant were out

of this state at the time of the commission of the offense charged

if the defendant consummated it in this state through the

Oklahoma Statutes - Title 22. Criminal Procedure Page 118

intervention of an innocent or guilty agent, or by any other means

proceeding directly from the defendant, including the use of any

technology, telephone, computer, or cyberspace device or

application; and in such case, the jurisdiction is in the county in

which the offense is consummated.
Okla. Stat. tit. 22, § 22-316 — OK Code / Title 22 / Section 22-316
Challenge may be oral or written - How tried
Status: in_force

Challenges may be oral or in writing, and must be tried by the

court.
Okla. Stat. tit. 22, § 22-658 — OK Code / Title 22 / Section 22-658
Causes for challenge, in general
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 217

General causes of challenges are:

1. A conviction for felony.

2. A want of any of the qualifications prescribed by law, to

render a person a competent juror, including a want of knowledge of

the English language as used in the courts.

3. Unsoundness of mind, or such defect in the faculties of the

mind or organs of the body as renders him incapable of performing

the duties of a juror.
Okla. Stat. tit. 22, § 22-357 — OK Code / Title 22 / Section 22-357
Presentation of evidence - Power to prosecute
Status: in_force

The presentation of evidence to a multicounty grand jury shall

be made by the Attorney General or his designee. When an indictment

or accusation for removal is returned, the Attorney General, his

designee, or the designated district attorney in whose district the

case is filed, shall be empowered to prosecute such indictment or

accusation for removal in the district court where venue is proper.
Okla. Stat. tit. 22, § 22-1071.1 — OK Code / Title 22 / Section 22-1071.1
Court of Criminal Appeals – Online publication of
Status: in_force

opinions.

Opinions of the Oklahoma Court of Criminal Appeals designated

for official publication shall be published on the Oklahoma State

Courts Network website. The Oklahoma Court of Criminal Appeals is

hereby requested to provide notice of release of its opinion to all

subscribers of record who have requested copies of opinions not less

than two (2) business days prior to publication of the opinion on

the website. Notice to the parties shall be made via electronic

mail or on the website of the Oklahoma State Courts Network.
Okla. Stat. tit. 22, § 22-317 — OK Code / Title 22 / Section 22-317
Ruling on challenge
Status: in_force

The court must allow or disallow the challenge and the clerk

must enter its decision upon the minutes if demanded.
Okla. Stat. tit. 22, § 22-817 — OK Code / Title 22 / Section 22-817
Dismissal not a bar to another prosecution
Status: in_force

An order for the dismissal of the action, as provided in this

article, is not a bar to any other prosecution for the same offense.
Okla. Stat. tit. 22, § 22-208 — OK Code / Title 22 / Section 22-208
Breaking door or window to arrest person escaping
Status: in_force

To take the person escaping or rescued, the person pursuing may,

after notice of his intention and refusal of admittance, break open

an outer or inner door or window of a dwelling house.
Okla. Stat. tit. 22, § 22-1090.4 — OK Code / Title 22 / Section 22-1090.4
Defendant serving sentence — Court imposed lessening of
Status: in_force

sentence.

Where a court has imposed a criminal judgment and sentence upon

a defendant other than for an offense described in subsection E of

Section 3 of this act and the defendant is serving the sentence in

the custody of the Department of Corrections, the court shall impose

a new, lesser sentence following a hearing if the court determines:

1. At the time of the offense for which the sentence is being

served, the defendant was a victim of domestic violence or subjected

to physical, sexual, or psychological abuse inflicted by a sexual

partner, a family member or member of the household, the trafficker

of the defendant, or any person who used the defendant for financial

gain; and

2. Such violence or abuse was related to and was a substantial

contributing factor in causing the defendant to commit the offense

for which he or she is presently in custody or to the defendant’s

criminal behavior.

At the hearing to determine whether the defendant should be

resentenced pursuant to this section, the court shall take testimony

from witnesses offered by either party and consider oral and written

arguments and any other relevant evidence to assist in making its

determination. The court may determine that such violence or abuse

was related to and was a substantial contributing factor to the

offense regardless of whether the defendant raised an affirmative

defense.
Okla. Stat. tit. 22, § 22-858 — OK Code / Title 22 / Section 22-858
Defendant admitted to bail may be committed during trial
Status: in_force

When a defendant who has given bail appears for trial, the court

may, in its discretion, at any time after his appearance for trial

order him to be committed to the custody of the proper officer of

the county to abide the judgment or further order of the court, and

he must be committed and held in custody accordingly.
Okla. Stat. tit. 22, § 22-1016 — OK Code / Title 22 / Section 22-1016
Warden's return upon death warrant
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 363

After the execution, the warden must make a report upon the

death warrant to the court by which the judgment was rendered,

showing the time, mode and manner in which it was executed.
Okla. Stat. tit. 22, § 22-1263 — OK Code / Title 22 / Section 22-1263
Penalty for sale of seized liquor by officer
Status: in_force

Any officer who shall sell, barter, give away, or otherwise

dispose of any whiskey or any intoxicating liquor, including beer,

so seized by order of the court, shall be guilty of a Class D1

felony offense. A violation of any provision of this section shall

be punished by a fine of not less than Fifty Dollars ($50.00), nor

more than Two Thousand Dollars ($2,000.00), and imprisonment of not

less than thirty (30) days in jail, nor more than five (5) years in

the State Penitentiary.
Okla. Stat. tit. 22, § 22-457 — OK Code / Title 22 / Section 22-457
Bench warrant in case of misdemeanor or bailable felony
Status: in_force

If the offense is a misdemeanor or a bailable felony, the bench

warrant must be in a similar form, adding to the body thereof a

direction to the following effect:

Or if he requires it that you take him before any magistrate in

that county or in county in which you arrest him, that he may give

bail to answer the indictment or information.
Okla. Stat. tit. 22, § 22-40.6 — OK Code / Title 22 / Section 22-40.6
Record of reported incidents of domestic abuse - Reports
Status: in_force

A. It shall be the duty of every law enforcement agency to keep

a record of each reported incident of domestic abuse as provided in

subsection B of this section and to submit a monthly report of such

incidents as provided in subsection C of this section to the

Director of the Oklahoma State Bureau of Investigation.

B. The record of each reported incident of domestic abuse

shall:

1. Show the type of crime involved in the domestic abuse;

2. Show the day of the week the incident occurred;

3. Show the time of day the incident occurred; and

4. Contain other information requested by the Oklahoma State

Bureau of Investigation.

C. A monthly report of the recorded incidents of domestic abuse

shall be submitted to the Director of the Oklahoma State Bureau of

Investigation on forms provided by the Oklahoma State Bureau of

Investigation for such purpose and in accordance with the guidelines

established pursuant to Section 150.12B of Title 74 of the Oklahoma

Statutes.
Okla. Stat. tit. 22, § 22-1308 — OK Code / Title 22 / Section 22-1308
Conviction of corporation - Fine collected, how
Status: in_force

When a fine is imposed upon a corporation, on conviction it may

be collected, by virtue of the order imposing it, by the sheriff of

the county, out of their real and personal property, in the same

manner as upon an execution.
Okla. Stat. tit. 22, § 22-991hv2 — OK Code / Title 22 / Section 22-991hv2
Order of no contact
Status: in_force

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;

Oklahoma Statutes - Title 22. Criminal Procedure Page 622

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 sex

trafficking;

9. Section 1040.8 of Title 21 of the Oklahoma Statutes, if the

offense involved child pornography; 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, § 22-1004 — OK Code / Title 22 / Section 22-1004
Reprieve and suspension of execution - Authority of
Status: in_force

officers.

No judge, court or officer, other than the Governor, can

reprieve or suspend the execution of the judgment of death, except

the warden of the said state prison, to whom he is delivered for

execution in the cases provided in the next seven sections, unless

an appeal is taken.
Okla. Stat. tit. 22, § 22-403 — OK Code / Title 22 / Section 22-403
Designation of defendant by fictitious name
Status: in_force

When a defendant is indicted or prosecuted by a fictitious or

erroneous name, and in any stage of the proceedings his true name is

discovered, it must be inserted in the subsequent proceedings,

referring to the fact of his being charged by the name mentioned in

the indictment or information.
Okla. Stat. tit. 22, § 22-1089.7 — OK Code / Title 22 / Section 22-1089.7
Appeal to Court of Criminal Appeals - Bail - Review
Status: in_force

In the event the state's application to appeal is denied and the

assigned judge affirms the magistrate's ruling or order, that ruling

or order shall be appealable to the Court of Criminal Appeals.

Oklahoma Statutes - Title 22. Criminal Procedure Page 381

During the pendency of any such appeal, the assigned judge shall

admit the defendant to bail upon his own recognizance. The Court of

Criminal Appeals shall affirm, reverse or modify the magistrate's

order and remand the cause for further proceedings consistent with

its ruling.
Okla. Stat. tit. 22, § 22-927.1 — OK Code / Title 22 / Section 22-927.1
Punishment assessed by court
Status: in_force

Where the jury finds a verdict of guilty, and fails to agree on

the punishment to be inflicted, or does not declare such punishment

Oklahoma Statutes - Title 22. Criminal Procedure Page 258

by their verdict, the court shall assess and declare the punishment

and render the judgment accordingly.
Okla. Stat. tit. 22, § 22-350 — OK Code / Title 22 / Section 22-350
Multicounty Grand Jury Act - Conflicting provisions
Status: in_force

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

Grand Jury Act". All matters not specifically governed by the

provisions of the Multicounty Grand Jury Act shall be subject to the

provisions governing grand juries. If the provisions of the

Multicounty Grand Jury Act conflict with the provisions governing

grand juries, the provisions of the Multicounty Grand Jury Act shall

govern.
Okla. Stat. tit. 22, § 22-1188 — OK Code / Title 22 / Section 22-1188
Denial of accusation
Status: in_force

If he deny the truth of the accusation the denial may be oral

and without oath and must be entered upon the minutes.
Okla. Stat. tit. 22, § 22-19c — OK Code / Title 22 / Section 22-19c
Arrest or charge as result of human trafficking –
Status: in_force

Expungement on motion of court or defendant.

The court, upon its own motion or upon petition by the defendant

and for good cause shown, may enter an order for expungement of law

enforcement and court records relating to a charge or conviction for

a prostitution-related offense committed as a result of the

defendant having been a victim of human trafficking. The order

shall contain a statement that the expungement is ordered pursuant

to this section. An order entered pursuant to this section shall be

subject to the notice requirements and provisions of subsections B

through M of Section 19 of Title 22 of the Oklahoma Statutes.

Oklahoma Statutes - Title 22. Criminal Procedure Page 42

Records expunged pursuant to this section shall be sealed to the

public but not to law enforcement agencies for law enforcement

purposes.
Okla. Stat. tit. 22, § 22-967 — OK Code / Title 22 / Section 22-967
Form of bench warrant
Status: in_force

The bench warrant must be substantially in the following form:

State of Oklahoma.

Oklahoma Statutes - Title 22. Criminal Procedure Page 263

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

the crime of (designating it generally), you are therefore commanded

forthwith to arrest the above-named A B and bring him before that

court for judgment, or if the court has adjourned for the term, you

are to 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, § 22-205 — OK Code / Title 22 / Section 22-205
Private person making arrest must take defendant to
Status: in_force

magistrate or officer.

A private person who has arrested another for the commission of

a public offense, must, without unnecessary delay, take him before a

magistrate or deliver him to a peace officer.
Okla. Stat. tit. 22, § 22-1087 — OK Code / Title 22 / Section 22-1087
Appeal to Court of Criminal Appeals
Status: in_force

A final judgment entered under this act may be appealed to the

Court of Criminal Appeals on petition in error filed either by the

applicant or the state within thirty (30) days from the entry of the

judgment. Upon motion of either party on filing of notice of intent

to appeal, within ten (10) days of entering the judgment, the

district court may stay the execution of the judgment pending

disposition on appeal; provided, the Court of Criminal Appeals may

direct the vacation of the order staying the execution prior to

final disposition of the appeal.
Okla. Stat. tit. 22, § 22-728 — OK Code / Title 22 / Section 22-728
Short Title
Status: in_force

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

Uniform Act to Secure Rendition of Prisoners in Criminal

Proceedings".
Okla. Stat. tit. 22, § 22-988.15 — OK Code / Title 22 / Section 22-988.15
Duties of state agency
Status: in_force

The Community Sentencing Division within the Department of

Corrections shall have the duty to:

Oklahoma Statutes - Title 22. Criminal Procedure Page 306

1. Administer a statewide community sentencing system pursuant

to the provisions of the Oklahoma Community Sentencing Act and other

provisions of law;

2. Establish goals and standards for the statewide community

sentencing system and the local community sentencing systems;

3. Promulgate rules pursuant to the Administrative Procedures

Act for the implementation and operation of the Oklahoma Community

Sentencing Act;

4. Provide technical assistance and administrative support to

each local community sentencing system. The technical assistance

shall include, but not be limited to, information on:

a. corrections system design,

b. administration,

c. development, monitoring, and evaluating of programs

and services,

d. program identification and specifications,

e. offender risk management,

f. supervision of offenders,

g. planning and budgeting,

h. grant applications, and

i. preparation and submission of documents, data,

budgets, and system plans;

5. Coordinate and collaborate with other state agencies for

services and technical assistance to each local community sentencing

system;

6. Apply for and accept money and other assets to be utilized

for support of a statewide community sentencing system and to

allocate and disburse appropriated funds to local community

sentencing systems through an appropriate funding method;

7. Review, analyze and fund local system plans within budgetary

limitations;

8. Contract with local service providers and state agencies for

services to the local system;

9. Identify and solicit other funding sources and resources to

support the statewide community sentencing system;

10. Request post-audits of state funds;

11. Monitor and coordinate local systems;

12. Provide performance-based evaluations for all service

providers of the statewide system;

13. Report annually by January 15 to the Legislature and

Governor on the statewide system. The report shall provide an

evaluation of the effectiveness of the Oklahoma Community Sentencing

Act in terms of public safety, appropriate range of community

punishments, cost-effectiveness, performance-based effectiveness in

reducing recidivism, utilization by the judiciary, resource

allocation, reduced state and local institutional receptions, if

any, and statistical data, including, but not limited to, community

Oklahoma Statutes - Title 22. Criminal Procedure Page 307

sentencing participation by county, total number of qualifying and

nonqualifying community sentences per month for each local community

sentencing system, total number of community sentences ordered per

month, program participation and the annual average cost per

offender. A copy of the report shall also be submitted to the

Oklahoma Statistical Analysis Center, a unit of the Oklahoma State

Bureau of Investigation, which shall publish the annual report on

the website of the Bureau; and

14. Disseminate information to local administrators and

community sentencing systems concerning corrections issues

including, but not limited to:

a. punishment options,

b. disciplinary sanctions,

c. resource allocation,

d. administration,

e. legal issues,

f. supervision and risk management,

g. treatment methodology and services,

h. education and vocational services,

i. service and program monitoring and evaluation methods,

j. grants and funding assistance,

k. data and record keeping, and

l. offender characteristics.
Okla. Stat. tit. 22, § 22-1141.9 — OK Code / Title 22 / Section 22-1141.9
Authority to command assistance
Status: in_force

Every such peace officer or other person empowered to make the

arrest, shall have the same authority, in arresting the accused, to

command assistance therein, as peace officers have by law in the

executive of any criminal process directed to them, with like

penalties against those who refuse their assistance.
Okla. Stat. tit. 22, § 22-840 — OK Code / Title 22 / Section 22-840
Discharge of defendant that he may testify for
Status: in_force

codefendant.

When two or more persons are included in the same indictment or

information, and the court is of opinion that in regard to a

particular defendant there is not sufficient evidence to put him on

his defense, it must, before the evidence is closed, in order that

he may be compelled to be a witness for his codefendant, submit its

opinion to the jury, who, if they so find, may acquit the particular

defendant for the purpose aforesaid.
Okla. Stat. tit. 22, § 22-18 — OK Code / Title 22 / Section 22-18
See the following versions:
Status: in_force

OS 22-18v1 (SB 2038, Laws 2024, c. 452, § 12).

OS 22-18v2 (SB 1770, Laws 2024, c. 259, § 1).
Okla. Stat. tit. 22, § 22-1175.6c — OK Code / Title 22 / Section 22-1175.6c
Person incompetent for reasons other than needed
Status: in_force

treatment or due to intellectual disability - Dangerous to self or

others - Placement.

A. If the person is found to be incompetent for reasons other

than the person is a person requiring treatment as defined by Title

43A of the Oklahoma Statutes, or the person is intellectually

disabled as defined by Title 10 of the Oklahoma Statutes, but is

also found to be dangerous as defined by Section 1175.1 of this

title, the court shall suspend the criminal proceedings and refer

the matter to the Department of Human Services and Department of

Mental Health and Substance Abuse Services for determination of

appropriate placement.

B. The Department of Human Services and the Department of

Mental Health and Substance Abuse Services shall jointly establish

procedures by April 1, 2005, to determine the appropriate placement

of individuals who are found to be incompetent to stand trial for

reasons other than the person is a person requiring treatment as

defined by Title 43A of the Oklahoma Statutes, or the person is

intellectually disabled as defined by Title 10 of the Oklahoma

Statutes. Both agencies shall then submit their joint

recommendation to the court for determination of appropriate

placement.
Okla. Stat. tit. 22, § 22-1409 — OK Code / Title 22 / Section 22-1409
Civil proceedings
Status: in_force

A. The Attorney General, any district attorney or any district

attorney appointed under the provisions of Section 215.9 of Title 19

Oklahoma Statutes - Title 22. Criminal Procedure Page 545

of the Oklahoma Statutes may institute civil proceedings against any

person in an appropriate district court seeking relief from conduct

constituting a violation of any provisions of Section 1403 of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act with the

right to a trial by jury at the request of either party. If the

plaintiff in such a proceeding proves the alleged violation by a

preponderance of the evidence, the district court, after making due

provisions for the rights of innocent parties, may grant relief by

entering any appropriate order of judgment, including:

1. Ordering any defendant to divest himself of any interest in

any enterprise or any real property;

2. Imposing reasonable restrictions upon the future activities

or investments of any defendant, including prohibiting any defendant

from engaging in the same type of endeavor as the enterprise in

which the defendant was engaged in violation of Section 1403 of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act;

3. Ordering the dissolution or reorganization of any

enterprise;

4. Ordering the suspension or revocation of a license, permit,

or prior approval granted to any enterprise by an agency of the

state; or

5. Ordering the surrender of the charter of a corporation

organized pursuant to the laws of the state or the revocation of a

certificate authorizing a foreign corporation to conduct business

within the state.

In a proceeding initiated pursuant to the provisions of this

section, injunctive relief shall be granted in conformity with the

principles that govern the granting of relief from injury or

threatened injury in other cases, but no showing of special or

irreparable injury shall be required. Pending final determination

of a proceeding initiated pursuant to the provisions of this

section, a temporary restraining order or a preliminary injunction

may be issued upon a showing of immediate danger of significant

injury, including the possibility that any judgment for money

damages might be difficult to execute, and, in a proceeding

initiated by an aggrieved person, upon the execution of a bond in

the amount of ten percent (10%) of the value of the property against

injury for an injunction improvidently granted. If the district

court issues an injunction or grants other relief pursuant to the

provisions of this section, the plaintiff shall also recover costs,

including reasonable attorney fees and costs of investigation and

litigation reasonably incurred.

B. The civil penalty imposed pursuant to this section shall not

exceed One Hundred Thousand Dollars ($100,000.00), with no offset

for the value of any property criminally forfeited or any fine

imposed pursuant to the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act. This amount shall be applied to the costs and

Oklahoma Statutes - Title 22. Criminal Procedure Page 546

expenses of investigation and prosecution, and the balance, if any,

shall be paid pursuant to the provisions of the Oklahoma Racketeer-

Influenced and Corrupt Organizations Act.

C. Upon the filing of a civil action pursuant to the provisions

of subsection A or B of this section, a district attorney shall

immediately notify the Attorney General of its filing. Upon timely

application, the Attorney General may intervene as a party in any

civil action or proceeding brought pursuant to subsection A or B of

this section if the Attorney General certifies that the action or

proceeding is of general public importance.

D. A final judgment or decree rendered against the defendant in

any civil or criminal proceeding pursuant to the provisions of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act, shall

estop the defendant in any subsequent civil action or proceeding

brought by any person as to all matters as to which the judgment or

decree would be an estoppel as between the parties to a civil or

criminal proceeding.

E. A civil action or proceeding pursuant to the provisions of

the Oklahoma Racketeer-Influenced and Corrupt Organizations Act may

be commenced at any time within five (5) years after the conduct

made unlawful pursuant to the provisions of Section 1403 of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act

terminates or the cause of action accrues. If a criminal proceeding

or civil action or other proceeding is brought by or intervention is

granted to the state to punish, prevent, or restrain any activity

made unlawful pursuant to the provisions of Section 1403 of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act, the

running of the period of limitations prescribed by this section with

respect to any cause of action of an aggrieved person, based in

whole or in part upon any matter complained of in any such

prosecution, action, or proceeding shall be suspended during the

pendency of such prosecution, action, or proceeding and for two (2)

years following its termination.

F. Service of process in an action pursuant to the provisions

of this section may be made upon any person outside the state if the

person was a principal in any conduct constituting a violation of

the provisions of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act in this state. The person shall be deemed to have

thereby submitted himself to the jurisdiction of the courts of this

state for the purposes of this section.

G. The application of any civil remedy pursuant to the

provisions of this section shall not preclude the application of any

other civil or criminal remedy pursuant to the provisions of the

Oklahoma Racketeer-Influenced and Corrupt Organizations Act or any

other provision of law. Civil remedies pursuant to the provisions

of this section are supplemental and not mutually exclusive.

Oklahoma Statutes - Title 22. Criminal Procedure Page 547
Okla. Stat. tit. 22, § 22-174 — OK Code / Title 22 / Section 22-174
Warrant directed to whom
Status: in_force

The warrant must be directed to and executed by a peace officer.
Okla. Stat. tit. 22, § 22-177 — OK Code / Title 22 / Section 22-177
Verbal warning or arrest for misdemeanor charges in
Status: in_force

another county.

If the offense charged in the warrant be a misdemeanor and the

defendant comes in contact with a law enforcement officer in another

county, the law enforcement officer may:

1. Issue a verbal warning about the existence of the warrant

and further advise the defendant to contact the clerk of the court

for the purpose of resolving the outstanding warrant. All verbal

warnings shall be documented by the law enforcement officer on a

department-issued warning ticket; or

2. Arrest the defendant and take the defendant before a

magistrate in that county, or the image of the defendant may be

broadcast by closed circuit television to the magistrate, as

provided in Section 176 of this title, who must admit the defendant

to bail and take bail accordingly.
Okla. Stat. tit. 22, § 22-1088 — OK Code / Title 22 / Section 22-1088
Short title
Status: in_force

This act may be cited as the "Post-Conviction Procedure Act".
Okla. Stat. tit. 22, § 22-1109 — OK Code / Title 22 / Section 22-1109
Additional security may be required
Status: in_force

When proof is made to any court, judge or other magistrate

having authority to commit on criminal charges, that a person

previously admitted to bail on any such charge is about to abscond,

or that his bail is insufficient, or has removed from the state, the

judge or magistrate shall require such person to give better

security, or for default thereof cause him to be committed to

prison; and an order for his arrest may be endorsed on the former

Oklahoma Statutes - Title 22. Criminal Procedure Page 414

commitment, or a new warrant therefor may be issued by such judge or

magistrate, setting forth the cause thereof.
Okla. Stat. tit. 22, § 22-112 — OK Code / Title 22 / Section 22-112
Referral of complaints - Guidelines
Status: in_force

A. Referral of a bogus check complaint to the Bogus Check

Restitution Program shall be at the discretion of the district

attorney. This act shall not limit the power of the district

attorney to prosecute bogus check complaints.

B. Upon receipt of a bogus check complaint, the district

attorney shall determine if the complaint is one which is

appropriate to be referred to the Bogus Check Restitution Program.

C. In determining whether to refer a case to the Bogus Check

Restitution Program, the district attorney shall consider the

following guidelines:

1. The amount of the bogus check;

2. If there is a prior criminal record of the defendant;

3. The number of bogus check complaints against the defendant

previously received by the district attorney;

4. Whether or not there are other bogus check complaints

currently pending against the defendant; and

5. The strength of the evidence of intent to defraud the

victim.
Okla. Stat. tit. 22, § 22-1085 — OK Code / Title 22 / Section 22-1085
Finding in favor of applicant
Status: in_force

If the court finds in favor of the applicant, it shall vacate

and set aside the judgment and sentence and discharge or resentence

him, or grant a new trial, or correct or modify the judgment and

sentence as may appear appropriate. The court shall enter any

supplementary orders as to rearraignment, retrial, custody, bail,

discharge, or other matters that may be necessary and proper.
Okla. Stat. tit. 22, § 22-656 — OK Code / Title 22 / Section 22-656
Challenge for cause
Status: in_force

A challenge for cause may be taken either by the state or the

defendant.
Okla. Stat. tit. 22, § 22-843 — OK Code / Title 22 / Section 22-843
Trial on original indictment, when
Status: in_force

If a new indictment or information is not filed for a higher

offense within a year, as aforesaid, the court shall again proceed

to try the defendant on the original indictment or information.
Okla. Stat. tit. 22, § 22-1072 — OK Code / Title 22 / Section 22-1072
Record and enforcement of mandate or order in lower court
Status: in_force

- Return by clerk of lower court to clerk of Criminal Court of

Appeals.

It is hereby made the duty of the court clerk in all counties,

upon receipt from the Clerk of the Criminal Court of Appeals of any

mandate or order of the Criminal Court of Appeals, to immediately

and without any order from the court, or judge thereof, to spread

said mandate or order of record in the proper court, and to issue

and place in the hands of the proper officer appropriate process for

carrying out such mandate or order.

That it shall be the duty of any such court clerk to immediately

upon return being made by the officer to whom process is delivered,

to thereafter make return to the Clerk of the Criminal Court of

Appeals, showing the date that mandate was received, date filed and

recorded, the date process was issued to the officer, and the date

the process was served and whether the convicted person was

incarcerated. If incarceration of the prisoner is delayed by reason

of flight, or for any other cause for a period of more than fifteen

(15) days after receipt of mandate, the return, under any such

circumstance causing delay, must be immediately made to the Clerk of

the Criminal Court of Appeals; and upon later apprehension of

prisoner and incarceration, a further return must be made to the

Clerk of the Criminal Court of Appeals, reporting the facts, within

ten (10) days after such incarceration.Oklahoma Statutes - Title 22. Criminal Procedure Page 16
Okla. Stat. tit. 22, § 22-40.3A — OK Code / Title 22 / Section 22-40.3A
Reporting of rape, sodomy, or sexual assault incidents –
Status: in_force

Referral of victim to services programs – Production of records to

law enforcement officers.

A. Any physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

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

or is reported by the victim to be rape, rape by instrumentation or

forcible sodomy, as defined in Section 1111, 1111.1 or 888 of Title

21 of the Oklahoma Statutes or any form of sexual assault, shall not

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

reported to be such crimes if:

1. Committed upon a person who is over the age of eighteen (18)

years; and

Oklahoma Statutes - Title 22. Criminal Procedure Page 53

2. The person is not an incapacitated adult.

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

assistant, registered nurse, or any other health care professional

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

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

rape by instrumentation, forcible sodomy or any form of sexual

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

victim and shall be required to inform the victim of the victim's

right to have a report made. A requested report of any incident

shall be promptly made orally or by telephone to the nearest law

enforcement agency in the county wherein the sexual assault occurred

or, if the location where the sexual assault occurred is unknown,

the report shall be made to the law enforcement agency nearest to

the location where the injury is treated.

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

rape, rape by instrumentation, forcible sodomy or any form of sexual

assault, the physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

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

such crimes, shall clearly and legibly document the incident and

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

prescribed.

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

rape, rape by instrumentation, forcible sodomy or any form of sexual

assault, the physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

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

rape, rape by instrumentation, forcible sodomy or any form of sexual

assault, shall refer the victim to sexual assault and victim

services programs, including providing the victim with twenty-four-

hour statewide telephone communication service established by

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

E. Every physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

making a report of rape, rape by instrumentation, forcible sodomy or

any form of sexual assault pursuant to this section or examining

such victims to determine the likelihood of such crimes, and every

hospital or related institution in which the victims were examined

or treated shall, upon the request of a law enforcement officer

conducting a criminal investigation into the case, provide to the

officer copies of the results of the examination or copies of the

examination on which the report was based, and any other clinical

notes, X-rays, photographs, and other previous or current records

relevant to the case.
Okla. Stat. tit. 22, § 22-466 — OK Code / Title 22 / Section 22-466
Name of defendant
Status: in_force

When the defendant is arraigned he must be informed that if the

name by which he is prosecuted be not his true name, he must then

declare his true name or be proceeded against by the name in the

indictment or information.
Okla. Stat. tit. 22, § 22-261 — OK Code / Title 22 / Section 22-261
Depositions, violation of provisions regarding
Status: in_force

A violation of the provisions of the last section is punishable

as a misdemeanor.
Okla. Stat. tit. 22, § 22-471.2 — OK Code / Title 22 / Section 22-471.2
Eligibility and request for drug court program
Status: in_force

A. The opportunity for review of an offender for a drug court

program shall occur at any time prior to disposition of the case and

sentencing of the offender including sentencing on a petition to

revoke a suspended sentence or any probation violation.

B. When a drug court is established, the following information

shall be initially reviewed by the sheriff or designee, if the

offender is held in a county jail, or by the chief of police or

designee, if the offender is held in a city jail:

1. The offender has no prior felony conviction in this state or

another state for a domestic violence offense within the last ten

(10) years, except as may be allowed in a domestic violence

treatment program authorized by the drug court program. It shall be

sufficient for this paragraph that a criminal history records name

search was conducted and indicated no apparent domestic violence

offense. An offender admitted to the drug court program for a crime

which requires the offender to attend a batterers' intervention

program certified by the Attorney General's office shall be required

to undergo such treatment as a condition of drug court;

2. The offender's charge does not involve a violation of the

Trafficking In Illegal Drugs Act;

3. The offender has committed a felony offense or a misdemeanor

offense where a misdemeanor drug court is authorized; and

4. The offender:

a. admits to having a substance abuse addiction,

b. appears to have a substance abuse addiction,

c. is known to have a substance abuse addiction,

d. the arrest or charge is based upon an offense eligible

for the drug court program, or

Oklahoma Statutes - Title 22. Criminal Procedure Page 186

e. is a person who has had an assessment authorized by

Section 3-704 of Title 43A of the Oklahoma Statutes or

drug court investigation and the assessment or

investigation recommends the drug court program.

C. If it appears to the reviewing officer that the offender may

be potentially eligible for the drug court program based upon a

review of the information in subsection B of this section, the

offender shall be given an eligibility form which may be voluntarily

completed by the offender, and the reviewing officer shall file the

criminal case record within the time prescribed in subsection E of

Section 471.1 of this title. The offender may request consideration

for the drug court program as provided in subsection D of this

section. The eligibility form shall describe the drug court program

for which the offender may be eligible including, but not limited

to:

1. A full description of the drug court process and

investigation;

2. A general explanation of the roles and authority of the

supervising staff, the district attorney, the defense attorney, the

treatment provider, the offender, and the judge presiding over the

cases in the drug court program;

3. A clear statement that the drug court judge may decide after

a hearing not to consider the offender for the drug court program

and in that event the offender will be prosecuted in the traditional

manner;

4. A clear statement that the offender is required, before

consideration in the program, to enter a guilty plea as part of a

written plea agreement;

5. A clear statement that the plea agreement will specify the

offense to which the guilty plea will be entered and will state any

penalty to be imposed for the offense, both in the event of a

successful completion of the drug court program, and in the event of

a failure to complete the program;

6. A clear statement that the offender must voluntarily agree

to:

a. waive the right to a speedy trial,

b. waive the right to a preliminary hearing,

c. the terms and conditions of a treatment plan, and

d. sign a performance contract with the drug court;

7. A clear statement that the offender, if accepted into the

drug court program, may not be incarcerated for the offense in a

state correctional institution or jail upon successful completion of

the program;

8. A clear statement that during participation in the drug

court program should the offender fail to comply with the terms of

the agreement, the offender may be sanctioned to serve a term of

confinement of six (6) months in an intermediate revocation facility

Oklahoma Statutes - Title 22. Criminal Procedure Page 187

operated by the Department of Corrections. An offender shall not be

allowed to serve more than two separate terms of confinement in an

intermediate revocation facility;

9. A clear statement that during participation in the drug

court program should the offender:

a. fail to comply with the terms of the agreements,

b. be convicted of a misdemeanor offense which reflects a

propensity for violence,

c. be arrested for a violent felony offense, or

d. be convicted of any felony offense,

the offender may be required, after a court hearing, to be

revoked from the program and sentenced without trial

pursuant to the punishment provisions of the negotiated

plea agreement; and

10. An explanation of the criminal record retention and

disposition resulting from participation in the drug court program

following successful completion of the program.

D. 1. The offender may request consideration for the drug

court program as follows:

a. if the offender is incarcerated, the offender must

sign and complete the eligibility form and return it

to the sheriff, if the offender is held in the county

jail; or to the chief of police, if the offender is

held in a city jail. The sheriff or chief of police,

upon receipt of the completed eligibility form, shall

file the form with the drug court coordinator who

shall forward the form to the district attorney and

the judge assigned to the offender's case, or

b. after release of the offender from incarceration, the

offender must sign and complete the eligibility form

and file it with the drug court coordinator or the

court, prior to or at the time of either initial

appearance or arraignment. The drug court coordinator

shall forward the form to the district attorney and

the judge assigned to the offender's case.

2. Any offender desiring legal consultation prior to signing or

completing the form for consideration in a drug court program shall

be referred to the defense attorney of the drug court team, or a

public defender, if the offender is indigent, or allowed to consult

with private legal counsel.

3. Nothing contained in the provisions of this subsection shall

prohibit the drug court from considering any offender deemed

eligible for the program at any time prior to sentencing whose case

has been prosecuted in the traditional manner, or upon a violation

of parole or probation conditions relating to substance abuse, upon

recommendation of the district attorney as provided in Section 471.8

of this title.

Oklahoma Statutes - Title 22. Criminal Procedure Page 188

E. When an offender has filed a request to be considered for a

drug court program, an initial hearing shall be set before the drug

court judge. The hearing shall be not less than three (3) work days

nor more than five (5) work days after the date of the filing of the

request form. Notice of the hearing shall be given to the drug

court team, or in the event no drug court team is designated, to the

offender, the district attorney, and to the public defender. The

offender shall be required to notify any private legal counsel of

the date and time of the hearing.
Okla. Stat. tit. 22, § 22-305.1 — OK Code / Title 22 / Section 22-305.1
Deferred prosecution programs - Guidelines - Factors
Status: in_force

considered.

Before the filing of an information against a person accused of

committing a crime, the State of Oklahoma, through its district

attorney, may agree with an accused to defer the filing of a

criminal information for a period not to exceed three (3) years.

The State of Oklahoma may include any person in a deferred

prosecution program if it is in the best interests of the accused

and not contrary to the public interest. Each district attorney

shall adopt and promulgate guidelines which shall indicate what

factors shall be considered in including an accused in the deferred

prosecution program. The guidelines shall insure that the State of

Oklahoma considers in each case at least the following factors:

1. Whether the State of Oklahoma has sufficient evidence to

achieve conviction;

2. The nature of the offense with priority given to first

offenders and nonviolent crimes;

3. Any special characteristics of the accused;

4. Whether the accused will cooperate and benefit from a

deferred prosecution program;

5. Whether available programs are appropriate to the accused

person's needs;

6. Whether the services for the accused are more readily

available from the community or from the corrections system;

7. Whether the accused constitutes a substantial danger to

others;

8. The impact of the deferred prosecution on the community;

9. The recommendations of the law enforcement agency involved

in the case;

10. The opinions of the victim; and

Oklahoma Statutes - Title 22. Criminal Procedure Page 151

11. Any mitigating or aggravating circumstances.
Okla. Stat. tit. 22, § 22-982b — OK Code / Title 22 / Section 22-982b
Abeyance of sentence pending execution of federal
Status: in_force

sentence.

Oklahoma Statutes - Title 22. Criminal Procedure Page 274

A. Upon motion of the district attorney of the county from

which a sentence was imposed, the court may hold execution of a

sentence of imprisonment in abeyance if the offender has a pending

sentence of incarceration to be served in the custody of the United

States Bureau of Prisons or successor federal agency.

B. Any offender whose sentence has been held in abeyance

pending execution of a federal sentence pursuant to subsection A of

this section shall be returned to the Department of Corrections to

complete execution of his or her sentence upon release from federal

custody, unless the remainder of the sentence of the offender has

been discharged, vacated, paroled, or commuted while the offender

was in federal custody.

C. In determining whether to hold the execution of a sentence

in abeyance pending execution of a federal sentence, the court shall

consider the safety of the public, personnel of the Department of

Corrections, personnel of law enforcement agencies, other inmates,

and the offender. The filing of a motion to hold the execution of a

sentence in abeyance by the district attorney shall create a

rebuttable presumption that it is in the public interest to hold the

sentence in abeyance and that the motion shall be granted.

D. The Department of Corrections shall be responsible for

transportation of the offender from federal custody to state custody

upon the release of the offender from federal custody.

E. An offender whose sentence has been held in abeyance pending

execution of a federal sentence shall not be released from the

custody of the Department of Corrections until and unless federal

authorities take custody of the offender. In no event shall an

order holding execution of a state sentence in abeyance pursuant to

this section result in the release of the offender from both state

and federal custody simultaneously.

F. The provisions of this section shall not apply to any

offender who has been sentenced to death and whose death sentence

remains valid.
Okla. Stat. tit. 22, § 22-597 — OK Code / Title 22 / Section 22-597
Disposition of ballots - After jury discharged
Status: in_force

After the jury is so discharged, the ballots containing their

names must be again folded and returned to the box, and so on, as

often as a trial is had.
Okla. Stat. tit. 22, § 22-1264 — OK Code / Title 22 / Section 22-1264
False affidavit by officer - Penalty
Status: in_force

Any officer willfully making a false affidavit, as provided in

Section 1261 of this title, shall be guilty of the felony of

perjury, a Class D1 felony offense, and, upon conviction therefor,

Oklahoma Statutes - Title 22. Criminal Procedure Page 484

shall be imprisoned as provided for in subsections B through F of

Section 20N of Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-116 — OK Code / Title 22 / Section 22-116
Annual reports
Status: in_force

A. District attorneys shall prepare and submit an annual report

to the District Attorneys Council showing total deposits and total

expenditures in the Bogus Check Restitution Program.

B. By September 15 of each year, the District Attorneys Council

shall publish an annual report for the previous fiscal year of the

Bogus Check Restitution Program. A copy of the report shall be

distributed to the President Pro Tempore of the Senate and the

Speaker of the Oklahoma House of Representatives and the chairmen of

the House and Senate Appropriations Committees. Each district

attorney shall submit information requested by the District

Attorneys Council regarding the Bogus Check Restitution Program.

This report shall include the number of checks processed and the

total dollar amount of such checks, the number of checks for which

some restitution was made and the total amount of the restitution,

the total amount of fees collected, the total cost of the program,

and such other information as required by the District Attorneys

Council. The report shall provide totals by county and district.
Okla. Stat. tit. 22, § 22-172 — OK Code / Title 22 / Section 22-172
Form of warrant
Status: in_force

A warrant of arrest is an order in writing, in the name of the

state, signed by a magistrate, commanding the arrest of the

defendant, and may be substantially in the following form:

County of ______________

The State of Oklahoma

Oklahoma Statutes - Title 22. Criminal Procedure Page 130

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

(or in the county of ______________ as the case may be):

Complaint upon oath having been this day made before me that the

crime of (designating it) has been committed, and accusing C. D.

thereof, you are therefore commanded forthwith to arrest the above

named C. D. and bring him before me at (naming the place), or, in

case of my absence or inability to act, before the nearest or most

accessible magistrate in this county.

Dated at ________________ this ______ day of _________ 191__.

E. F., Justice of the Peace (or as the case may be).
Okla. Stat. tit. 22, § 22-234 — OK Code / Title 22 / Section 22-234
Discretion to charge as misdemeanor
Status: in_force

When determining the appropriate charge for a person accused of

committing a criminal offense, the district attorney shall have the

discretion to file the charge as a misdemeanor offense rather than a

felony offense after considering the following factors:

1. The criminal offense for which the person has been arrested

is not listed as a criminal offense in Section 13.1 or subsection G

of Section 1040.13b of Title 21 of the Oklahoma Statutes;

2. The nature of the criminal offense;

3. The age, background and criminal history of the person who

committed the criminal offense;

4. The character and rehabilitation needs of the person who

committed the criminal offense; and

5. Whether it is in the best interests of justice to file the

charge as a misdemeanor offense rather than a felony offense.
Okla. Stat. tit. 22, § 22-856 — OK Code / Title 22 / Section 22-856
Requisites of charge of court - Presentation of written
Status: in_force

charge - Request to charge - Endorsement of disposition on charge

presented - Partial refusal.

In charging the jury, the court must state to them all matters

of law which it thinks necessary for their information in giving

their verdict, and if it state the testimony of the case, it must in

addition inform the jury that they are the exclusive judges of all

questions of fact. Either party may present to the court any

written charge and request that it be given. If the court thinks it

correct and pertinent, it must be given; if not, it must be refused.

Upon each charge presented and given or refused the court must

endorse or sign its decision. If part of any written charge be

given and part refused the court must distinguish, showing by the

endorsement or answer what part of each charge was given and what

part refused.

R.L. 1910, § 5905.
Okla. Stat. tit. 22, § 22-1141.7 — OK Code / Title 22 / Section 22-1141.7
Warrant of arrest of Governor
Status: in_force

If the Governor decides that the demand should be complied with,

he shall sign a warrant of arrest, which shall be sealed with the

State Seal, and be directed to any peace officer or other person

whom he may think fit to entrust with the execution thereof. The

warrant must substantially recite the facts necessary to the

validity of its issuance.
Okla. Stat. tit. 22, § 22-1366 — OK Code / Title 22 / Section 22-1366
Time period for appointment of counsel
Status: in_force

The appointment of counsel pursuant to the provisions of the

Indigent Defense Act shall commence for indigent criminal defendants

on or subsequent to July 1, 1992 for noncapital cases and on July 1,

1991 for capital cases.
Okla. Stat. tit. 22, § 22-311.1 — OK Code / Title 22 / Section 22-311.1
Petition for convening grand jury - Warning
Status: in_force

Every petition for the convening of a grand jury shall contain

on the outer page thereof the word "Warning" and underneath this in

ten-point type the words, "It is a felony for anyone to sign a

petition for the convening of a grand jury with any name other than

his own, or knowingly to sign his name more than once for the

convening of the grand jury, or to sign such petition when he is not

a legal voter of the county."
Okla. Stat. tit. 22, § 22-92 — OK Code / Title 22 / Section 22-92
Officer must report names of resisters
Status: in_force

The officer must certify to the court from which the process is

issued, the names of the resisters and their aiders and abettors, to

the end that they may be proceeded against for contempt.
Okla. Stat. tit. 22, § 22-988.4 — OK Code / Title 22 / Section 22-988.4
Mandatory local system
Status: in_force

In jurisdictions where a community sentencing system has not

been established prior to the effective date of this act, the Chief

Judge of the Judicial District shall establish the geographic

boundaries of a community sentencing system which shall be the

boundaries of each county, unless the Chief Judge establishes one or

more multicounty community sentencing systems consisting of two or

more contiguous counties within the judicial district; provided,

however, the consent of the sheriff of each affected county and each

district attorney operating within each of the subject counties must

be obtained before a county may join a proposed multicounty

community sentencing system. Multicounty community sentencing

systems may be established by the Chief Judge of a Judicial District

with the consent of each local council affected in such manner as

provided by rules promulgated by the Community Sentencing Division

within the Department of Corrections.
Okla. Stat. tit. 22, § 22-151 — OK Code / Title 22 / Section 22-151
Limitations – Murder, first and second degree
Status: in_force

manslaughter.

A. There is no limitation of the time within which a

prosecution for murder must be commenced. Such prosecution may be

commenced at any time after the death of the person killed.

B. Prosecutions for the crimes of first degree manslaughter and

second degree manslaughter shall be commenced within ten (10) years

after the discovery of the crime. For purposes of this subsection,

“discovery” means the date the crime is reported to a law

enforcement agency.
Okla. Stat. tit. 22, § 22-1123 — OK Code / Title 22 / Section 22-1123
Extradition - Delivery of accused
Status: in_force

A person charged in any state or territory of the United States

with treason, felony, or other crime, who shall flee from justice

and be found in this State, must, on demand of the executive

authority of the state or territory from which he fled be delivered

up by the Governor of this state, to be removed to the state or

territory having jurisdiction of the crime.
Okla. Stat. tit. 22, § 22-1108.1 — OK Code / Title 22 / Section 22-1108.1
Own recognizance bonds - Requirements for posting -
Status: in_force

Forfeiture action and collection of forfeiture.

A. Own recognizance bonds set in a penal amount shall be posted

by executing an own recognizance indenture contract which shall be

executed and maintained by the district court clerk. The indenture

shall constitute an inchoate obligation to pay in the event

forfeiture proceedings are commenced and result in a final order of

forfeiture by the authorizing and issuing judge of the district

court.

Oklahoma Statutes - Title 22. Criminal Procedure Page 413

B. Setting aside of forfeitures shall be governed by the same

rules and procedures applicable to cash, property or surety bonds;

provided that, if the forfeiture is set aside, the district court

shall exempt from forfeiture set aside all reasonable costs of

recovery to return the defendant to custody, and an administrative

fee to be retained by the court fund in a sum not to exceed ten

percent (10%) of the total penal bond amount plus all costs incurred

in processing the forfeiture proceeding to include costs of notices,

warrants, service and execution.

C. The final judgment of forfeiture shall constitute a judgment

enforceable through all procedures available for the collection of a

civil judgment, provided that the judgment shall be considered a

debt in the nature of defalcation as defined by the United States

Bankruptcy Code, and shall not be subject to other forms of debtor

relief. The judgment shall be subject to collection as costs in the

underlying action regardless of final disposition or determination

of guilt.

D. The district attorney or the Administrator of the District

Court Cost Collection Division as determined by administration order

in each judicial district shall initiate the forfeiture action and

collection of forfeitures and shall receive one-third (1/3) of all

sums collected from the ten-percent premium, not to include costs as

defined in subsection B of this section, to offset the costs of

administering the program.

E. This section does not apply to :

1. Traffic or wildlife cases;

2. Cases concerning violations of emergency ex parte or final

protective orders, as provided in Sections 60.2 and 60.3 of this

title;

3. Domestic abuse cases, as provided in Section 644 of Title 21

of the Oklahoma Statutes; and

4. Stalking or harassment cases, as provided in Section 1173 of

Title 21 of the Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-1222 — OK Code / Title 22 / Section 22-1222
Grounds for issuance of search warrant - Seizure of
Status: in_force

property.

A. A search warrant may be issued and property seized upon any

of the following grounds:

First: When the property was stolen or embezzled, in which case

it may be taken on the warrant, from any house or other place in

which it is concealed, or from the possession of the person by whom

it was stolen or embezzled, or of any other person in whose

possession it may be.

Second: When it was used as the means of committing a felony,

in which case it may be taken on the warrant from any house or other

place in which it is concealed, or from the possession of the person

by whom it was used in the commission of the offense, or of any

other person in whose possession it may be.

Third: When it is in the possession of any person, with the

intent to use it as the means of committing a public offense, or in

the possession of another to whom the person may have delivered it

for the purpose of concealing it or preventing its being discovered,

in which case it may be taken on the warrant from such person, or

from a house or other place occupied by the person, or under the

person’s control, or from the possession of the person to whom the

person may have so delivered it.

Fourth: When the property constitutes evidence that an offense

was committed or that a particular person participated in the

commission of an offense.

Fifth: When there is probable cause to believe that, at a

future time, the property or items sought which are intended to be

used to commit a public offense, will be located at a particular

place. Under such circumstances, the magistrate shall insert a

direction in the search warrant making execution of the warrant

Oklahoma Statutes - Title 22. Criminal Procedure Page 476

contingent upon the happening of an event which evidences probable

cause that the item to be seized is in the place to be searched.

Sixth: As authorized by any provision of the Security of

Communications Act.

B. A search warrant may be issued to allow peace officers to

enter, search for, and seize a person for whom an arrest warrant has

been issued.
Okla. Stat. tit. 22, § 22-105 — OK Code / Title 22 / Section 22-105
Officers may disperse assembly and arrest offenders -
Status: in_force

Commanding aid.

If the persons assembled and commanded to disperse do not

immediately disperse, any two of the magistrates or officers

mentioned in Section 5585, may command the aid of a sufficient

number of persons, and may proceed in such manner as in their

judgment is necessary, to disperse the assembly and arrest the

offenders.
Okla. Stat. tit. 22, § 22-1325 — OK Code / Title 22 / Section 22-1325
Unclaimed property or money in possession of sheriff's
Status: in_force

office or campus police agency - Disposition - Procedure.

A. Any sheriff's office or campus police agency as authorized

under the Oklahoma Campus Security Act is authorized to dispose of

by public sale, destruction, donation, or transfer for use to a

governmental subdivision personal property which has come into its

possession, or deposit in a special fund, as hereafter provided, all

money or legal tender of the United States which has come into its

possession, whether the property or money be stolen, embezzled,

lost, abandoned or otherwise, the owner of the property or money

being unknown or not having claimed the same, and which the sheriff

or campus police agency has held for at least six (6) months, and

such property or money, or any part thereof, being no longer needed

to be held as evidence or otherwise used in connection with any

litigation.

B. Where personal property held under the circumstances

provided in subsection A of this section is determined by the agency

having custody to be unsuitable for disposition by public sale due

to its condition or assessed by agency personnel as having limited

or no resale value, it may be destroyed, discarded as solid waste or

donated to a charitable organization designated by the U.S. Internal

Revenue Service as a 501(c)(3) nonprofit organization. Where

disposition by destruction, discard, or donation is made of personal

property, a report describing the property by category and quantity,

and indicating what disposition was made for each item or lot, shall

be submitted to the presiding judge of the district court within ten

(10) days following the disposition.

Oklahoma Statutes - Title 22. Criminal Procedure Page 494

C. Where disposition by public sale is appropriate, the

sheriff's office or campus police agency shall file an application

in the district court of its county requesting the authority of the

court to dispose of such personal property, and shall attach to the

application a list describing the property, including all

identifying numbers and marks, if any, the date the property came

into the possession of the sheriff's office or campus police agency

and the name and address of the owner, if known. The court shall

set the application for hearing not less than ten (10) days nor more

than twenty (20) days after filing.

D. Written notice shall be given by the sheriff's office or

campus police agency of the hearing to each and every owner if known

and as set forth in the application by first-class mail, postage

prepaid, and directed to the last-known address of the owner at

least ten (10) days prior to the date of the hearing, unless the

personal property is held by the sheriff's office as inmate

commissary and is less than Fifty Dollars ($50.00) in which case

notice by first-class mail shall not be required. The notice shall

contain a brief description of the property of the owner and the

place and date of the hearing. Notice of the hearing shall be

posted in three public places in the county, one being the county

courthouse at the regular place assigned for the posting of legal

notices or shall be published in a newspaper authorized by law to

publish legal notices in the county in which the property is

located. If no newspaper authorized by law to publish legal notices

is published in such county, the notice shall be published in a

newspaper of general circulation which is published in an adjoining

county. The notice shall state the name of the owner being notified

by publication and shall be published at least ten (10) days prior

to the date of the hearing.

E. At the hearing, if no owner appears and establishes

ownership to the property, the court shall enter an order

authorizing the sheriff's office or campus police agency to donate

property having a value of less than Five Hundred Dollars ($500.00)

to a not-for-profit corporation as defined in Title 18 of theOklahoma Statutes - Title 22. Criminal Procedure Page 20tion and shall be published at least ten (10) days prior

to the date of the hearing.

E. At the hearing, if no owner appears and establishes

ownership to the property, the court shall enter an order

authorizing the sheriff's office or campus police agency to donate

property having a value of less than Five Hundred Dollars ($500.00)

to a not-for-profit corporation as defined in Title 18 of the

Oklahoma Statutes or to sell the personal property to the highest

bidder for cash, after at least five (5) days of notice has been

given by publication in one issue of a legal newspaper of the

county. The sheriff's office or campus police agency shall make a

return of the donation or sale and, when confirmed by the court, the

order confirming the donation or sale shall vest in the recipient or

purchaser title to the property so donated or purchased.

F. A sheriff's office having in its possession money or legal

tender under the circumstances provided in subsection A of this

section, prior to appropriating the same for deposit into a special

fund, shall file an application in the district court of its county

requesting the court to enter an order authorizing it to so

Oklahoma Statutes - Title 22. Criminal Procedure Page 495

appropriate the money for deposit in the special fund. The

application shall describe the money or legal tender, together with

serial numbers, if any, the date the same came into the possession

of the sheriff's office or campus police agency, and the name and

address of the owner, if known. Upon filing, the application, which

may be joined with an application as described in subsection C of

this section, shall be set for hearing not less than ten (10) days

nor more than twenty (20) days from the filing thereof, and notice

of the hearing shall be given as provided in subsection D of this

section. The notice shall state that, upon no one appearing to

prove ownership to the money or legal tender, the same will be

ordered by the court to be deposited in the special fund by the

sheriff's office or campus police agency. The notice may be

combined with a notice to sell personal property as set forth in

subsection D of this section. At the hearing, if no one appears to

claim and prove ownership to the money or legal tender, the court

shall order the same to be deposited by the sheriff's office or

campus police agency in the special fund, as provided in subsection

H of this section.

G. Where a sheriff's office or campus police agency has in its

possession under the circumstances provided in subsection A of this

section, personal property deemed to have potential utility to that

sheriff's office, campus police agency or another governmental

subdivision, prior to appropriating the personal property for use,

the sheriff's office or campus police agency shall file an

application in the district court requesting the court to enter an

order authorizing it to so appropriate or transfer the property for

use. The application shall describe the property, together with

serial numbers, if any, the date the property came into the

possession of the sheriff's office or campus police agency and the

name and address of the owner, if known. Upon filing, the

application, which may be joined with an application as described in

subsection C of this section, shall be set for hearing not less than

ten (10) days nor more than twenty (20) days from the filing

thereof. Notice of the hearing shall be given as provided in

subsection D of this section. The notice shall state that, upon no

one appearing to prove ownership to the personal property, the

property will be ordered by the court to be delivered for use by the

sheriff's office or campus police agency or its authorizing

institution or transferred to another governmental subdivision for

its use. The notice may be combined with a notice to sell personal

property as set forth in subsection D of this section. At the

hearing, if no one appears to claim and prove ownership to the

personal property, the court shall order the property to be

available for use by the sheriff's office or campus police agency or

delivered to an appropriate person for use by the authorizing

institution or another governmental subdivision.

Oklahoma Statutes - Title 22. Criminal Procedure Page 496

H. The money received from the sale of personal property as

above provided, after payment of the court costs and other expenses,

if any, together with all money in possession of the sheriff's

office or campus police agency, which has been ordered by the court

to be deposited in the special fund, shall be deposited in such fund

which shall be separately maintained by the sheriff's office in a

special fund with the county treasurer or campus police agency to be

expended upon the approval of the sheriff or head of the campus

police agency for the purchase of equipment, materials or supplies

that may be used in crime prevention, education, training or

programming. The fund or any portion of it may be expended in

paying the expenses of the sheriff or any duly authorized deputy or

employee of the campus police agency to attend law enforcement or

public safety training courses which are conducted by the Oklahoma

Council on Law Enforcement Education and Training (CLEET) or other

certified trainers, providers, or agencies.

I. The disposition of biological evidence, as defined by

Section 1372 of this title, shall be governed by the provisions set

forth in Section 1372 of this title.
Okla. Stat. tit. 22, § 22-1010 — OK Code / Title 22 / Section 22-1010
Pregnancy of prisoners - Judicial investigation
Status: in_force

If it is a alleged that a female prisoner under judgment of

death is pregnant, the warden must notify the district attorney of

the county in which the prison is situated whose duty is to

immediately file with the district court a petition stating such

allegation. A hearing must be conducted by a judge of that district

court to determine the validity of the allegation. Enforcement of

the judgment is suspended upon the filing of the petition, pending

the outcome of the hearing.

Upon filing of the petition a judge of the district court shall

appoint a physician licensed under the laws of the State of Oklahoma

to conduct a medical examination for pregnancy of the female

prisoner. Such examination shall be conducted within thirty (30)

days prior to the hearing. The report of the examining physician

shall be submitted to the court as evidence. The court may also

hear any other evidence that may be presented. The court shall make

a written finding to be filed with the court clerk as a part of the

permanent record.
Okla. Stat. tit. 22, § 22-253 — OK Code / Title 22 / Section 22-253
Defendant to be examined
Status: in_force

The magistrate must without a jury, immediately after the

appearance of counsel, or if none appear and the defendant require

the aid of counsel, after waiting a reasonable time therefor,

proceed to examine the case. The defendant may be sworn and testify

in his own behalf as in civil cases.
Okla. Stat. tit. 22, § 22-1324 — OK Code / Title 22 / Section 22-1324
Trial court may deliver stolen property
Status: in_force

If property stolen or embezzled have not been delivered to the

owner, the court before which a trial is had for stealing or

embezzling it, may, on proof of his title, order it to be restored

to the owner.
Okla. Stat. tit. 22, § 22-1341 — OK Code / Title 22 / Section 22-1341
Definitions
Status: in_force

As used in this section:

(1) "Merchant", means any corporation, partnership, association

or person who is engaged in the business of selling goods, wares and

merchandise in a mercantile establishment;

(2) "Mercantile establishment", means any mercantile place of

business in, at, or from which goods, wares and merchandise are

sold, offered for sale or delivered from and sold at retail or

wholesale;

(3) "Merchandise", means all goods, wares and merchandise

offered for sale or displayed by a merchant;

Oklahoma Statutes - Title 22. Criminal Procedure Page 502

(4) "Wrongful taking", includes stealing of merchandise or money

and any other wrongful appropriation of merchandise or money.
Okla. Stat. tit. 22, § 22-1227 — OK Code / Title 22 / Section 22-1227
Service of search warrant
Status: in_force

A search warrant may in all cases be served by any of the

officers mentioned in its direction, but by no other person except

in aid of the officer, on his requiring it, he being present, and

acting in its execution.

R.L. 1910, § 6065.
Okla. Stat. tit. 22, § 22-581 — OK Code / Title 22 / Section 22-581
Issue of fact arises, when
Status: in_force

An issue of fact arises,

1st, upon a plea of not guilty, or,

2nd, upon a plea of a former conviction or acquittal of the same

offense.
Okla. Stat. tit. 22, § 22-1175.4 — OK Code / Title 22 / Section 22-1175.4
Post-examination competency hearing - Evidence -
Status: in_force

Presumptions - Jury trial - Presence of accused - Witnesses -

Instructions.

A. A hearing to determine the competency of the person whose

competency is in question shall be held within thirty (30) days

after the qualified forensic examiner or examiners have made the

determination required in Section 1175.3 of this title. In such

cases where intellectual disability may be involved, the Office of

Public Guardian shall have standing to participate in any stage of

the proceedings as deemed necessary by the Office.

B. The court, at the hearing, shall determine by a

preponderance of the evidence if the person is incompetent. Such

determination shall include consideration of all reports prepared by

the qualified forensic examiner or examiners; provided, however, in

any case where intellectual disability may be involved, the

recommendations of examiners set forth in subparagraph b of

paragraph 1 of subsection D of Section 1175.3 of this title shall be

considered by the court. The person shall be presumed to be

competent for the purposes of the allocation of the burden of proof

and burden of going forward with the evidence. If the court deems

Oklahoma Statutes - Title 22. Criminal Procedure Page 461

it necessary, or if the person alleged to be a person requiring

treatment, or any relative, friend, or any person with whom he may

reside, or at whose house the person may be, shall so demand, the

court shall schedule the hearing on the application as a jury trial

to be held within seventy-two (72) hours of the request, excluding

weekends and legal holidays, or within as much additional time as is

requested by the attorney of the person whose competency is in

question, upon good cause shown. The jury shall be composed of six

(6) persons having the qualifications required of jurors in courts

of record, summoned to determine the questions of the person’s

competency and need for treatment. Whenever a jury is required, the

court shall proceed to the selection of such jury in the manner as

provided by law and such jury shall determine the questions of the

competency and need for treatment of the person whose competency is

in question. The jurors shall receive fees for attendance and

mileage as are allowed by law.

C. The person whose competency is in question shall have the

right to be present at the hearing on the petition unless it is made

to appear to the court that the presence of the person makes it

impossible to conduct the hearing in a reasonable manner. The court

may not decide in advance of the hearing, solely on the basis of the

certificate of the examining doctor or doctors, that the person

whose competency is in question should not be allowed to appear. It

shall be made to appear to the court based on clear and convincing

evidence that alternatives to exclusion were attempted before the

court renders the person’s removal for that purpose or the person’s

appearance at such hearing improper and unsafe.

D. All witnesses shall be subject to cross-examination in the

same manner as is provided by law. If so stipulated by counsel for

a person whose competency is in question, the district attorney and

the court, testimony may be given by telephone or other electronic

transmitting device approved by the court. No statement, admission

or confession made by the person whose competency is in question

obtained during the examination for competency may be used for any

purpose except for proceedings under Section 1175.1 et seq. of this

title. No such statement, admission or confession may be used

against such person in any criminal action whether pending at the

time the hearing is held or filed against such person at any later

time, directly, indirectly or in any manner or form.

E. If the question of competency is submitted to a jury, the

court shall instruct the jury as to the law regarding competency,

and the findings they are to make. If the trial of the question is

to the court, the court shall make the required findings.
Okla. Stat. tit. 22, § 22-49 — OK Code / Title 22 / Section 22-49
Assault or threat in presence of magistrate
Status: in_force

A person who, in the presence of a court or magistrate, assaults

or threatens to assault another, or commit an offense against his

person or property, or who contends with another with angry words,

may be ordered by the court or magistrate to give security, as

provided in Section 5565, or if he refuses to do so, he may be

committed as provided in Section 5566.
Okla. Stat. tit. 22, § 22-1262 — OK Code / Title 22 / Section 22-1262
Seized property - Officer guilty of penalty, when
Status: in_force

Any officer failing to comply with Section One of this act shall

be guilty of a misdemeanor and upon conviction shall be fined not

less than Twenty-five Dollars ($25.00) or more than One Hundred

Dollars ($100.00), and imprisoned in the county jail not less than

thirty (30) days or more than sixty (60) days for each offense.
Okla. Stat. tit. 22, § 22-1175.8 — OK Code / Title 22 / Section 22-1175.8
Resumption of competency
Status: in_force

If the medical supervisor reports that the person appears to

have achieved competency after a finding of incompetency, the court

shall hold another competency hearing to determine if the person has

achieved competency. If competency has been achieved, the criminal

proceedings shall be resumed.
Okla. Stat. tit. 22, § 22-894 — OK Code / Title 22 / Section 22-894
Jury brought into court for information - Presence of, or
Status: in_force

notice to, parties.

After the jury have retired for deliberation, if there be a

disagreement between them as to any part of the testimony or if they

desire to be informed on a point of law arising in the cause, they

must require the officer to conduct them into court. Upon their

being brought into court, the information required must be given in

the presence of, or after notice to the district attorney and the

defendant or his counsel, or after they have been called.
Okla. Stat. tit. 22, § 22-346 — OK Code / Title 22 / Section 22-346
Reports of investigations of public offices or
Status: in_force

institutions.

In addition to any indictments or accusations that may be

returned, the grand jury, in their discretion, may make formal

written reports as to the condition and operation of any public

office or public institution investigated by them. No such report

shall charge any public officer, or other person with willful

misconduct or malfeasance, nor reflect on the management of any

public office as being willful and corrupt misconduct. It being the

intent of this section to preserve to every person the right to meet

his accusers in a court of competent jurisdiction and be heard, in

open court, in his defense.
Okla. Stat. tit. 22, § 22-95 — OK Code / Title 22 / Section 22-95
Governor to furnish military force, when
Status: in_force

Under the facts and circumstances mentioned in the last section,

and when the civil power of the county is not deemed sufficient, it

shall be the duty of the Governor to furnish a military force

sufficient to execute the laws and to prevent resistance thereto, to

suppress riots, execute process and preserve the peace.
Okla. Stat. tit. 22, § 22-1226 — OK Code / Title 22 / Section 22-1226
Form of search warrant
Status: in_force

The warrant must be in substantially the following form:

County of _______________

In the name of the State of Oklahoma. To any peace officer of

this state.

Probable cause having been shown on this date before me, by

(name every officer and person who has made affidavit or given oral

testimony supplementing an affidavit) for believing the following

property (describe the property) or person for whom an arrest

warrant has been issued (describe the person and the court from

which the arrest warrant has been issued) is located at (specify the

location where the property is shown to be).

You are therefore commanded, in the daytime (or “at any time of

the day or night,” as the case may be, according to Section 1230, as

amended, of Title 22 of the Oklahoma Statutes), to make immediate

search on the person of C.D. (or “in the house situated,” describing

it, or any other place to be searched, with reasonable

particularity, as the case may be), for the following property

(describing it with reasonable particularity) or person for whom an

arrest warrant has been issued (describe the person and the court

from which the arrest warrant has been issued), and if you find the

same, or any part thereof, to bring it forthwith before me, at

(stating the place) or before a magistrate who presides in the

judicial district in which the property or person was found and

seized.

Oklahoma Statutes - Title 22. Criminal Procedure Page 479

Dated at _______________ the _____ day of _______________,

20___.

______________________________

(Signature of Judge)

______________________________

(Judge’s Official Designation)
Okla. Stat. tit. 22, § 22-14 — OK Code / Title 22 / Section 22-14
Former jeopardy
Status: in_force

No person can be subjected to a second prosecution for a public

offense for which he has once been prosecuted and duly convicted or

acquitted, except as hereinafter provided for new trials.
Okla. Stat. tit. 22, § 22-988.3 — OK Code / Title 22 / Section 22-988.3
Purpose of act
Status: in_force

The purposes of the Oklahoma Community Sentencing Act are to:

1. Protect the public;

2. Establish a statewide community sentencing system;

3. Adequately supervise offenders punished under a court-

ordered community sentence;

4. Provide a series of sanctions to the court for eligible

offenders sentenced to a community sentence within the community

sentencing system;

5. Increase the availability of punishment and treatment

programs to eligible offenders;

6. Improve the criminal justice system within this state

through public/private partnerships, reciprocal and interlocal

governmental agreements, and interagency cooperation and

collaboration; and

7. Operate effectively within the allocation of state and local

resources for the criminal justice system.
Okla. Stat. tit. 22, § 22-130 — OK Code / Title 22 / Section 22-130
Conviction or acquittal outside state or county a bar
Status: in_force

When an act charged as a public offense is within the

jurisdiction of another territory, county or state, as well as this

state, a conviction or acquittal thereof in the former is a bar to a

prosecution therefor in this state.
Okla. Stat. tit. 22, § 22-327 — OK Code / Title 22 / Section 22-327
Jury to retire
Status: in_force

The grand jury must then retire to a private room and inquire

into the offenses cognizable by them.
Okla. Stat. tit. 22, § 22-382 — OK Code / Title 22 / Section 22-382
Charge dismissed, when
Status: in_force

If nine grand jurors do not concur in finding an indictment

against a defendant who has been held to answer the original

information or the certified record of the proceedings before the

magistrate transmitted to them, must be returned to the court, with

an endorsement thereon, signed by the foreman, to the effect that

the charge is dismissed.
Okla. Stat. tit. 22, § 22-1070 — OK Code / Title 22 / Section 22-1070
Judgment to be executed on affirmance
Status: in_force

On a judgment of affirmance against the defendant, the original

judgment must be carried into execution, as the appellate court may

direct.
Okla. Stat. tit. 22, § 22-726 — OK Code / Title 22 / Section 22-726
Short title
Status: in_force

This act may be cited as "Uniform Act to Secure the Attendance

of Witnesses from Without a State in Criminal Proceedings".
Okla. Stat. tit. 22, § 22-1369 — OK Code / Title 22 / Section 22-1369
Contract Retention 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

"Contract Retention Revolving Fund". The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

all monies retained by the Indigent Defense System, pursuant to the

provisions of Section 1355.8 of this title. All monies accruing to

the credit of said fund are hereby appropriated and may be budgeted

and expended by the Indigent Defense System for the purpose of

making contract payments pursuant to paragraph 2 of subsection G of

Section 1355.8 of this title. 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, § 22-984.3 — OK Code / Title 22 / Section 22-984.3
Renumbered as § 142A-10 of Title 21 by Laws 2010, c
Status: in_force

135, § 21, eff. Nov. 1, 2010.
Okla. Stat. tit. 22, § 22-750 — OK Code / Title 22 / Section 22-750
Renumbered as § 2412 of Title 12 by Laws 1992, c. 168, §
Status: in_force

1, eff. Sept. 1, 1992.
Okla. Stat. tit. 22, § 22-1090.3 — OK Code / Title 22 / Section 22-1090.3
Sentencing or accepting plea of a domestic abuse
Status: in_force

survivor — Mitigating factor — Departure.

A. During a hearing to:

1. Sentence a person; or

2. Accept a plea of guilty,

for a person who is a survivor of domestic violence and has been

charged with a crime, the court shall consider as a mitigating

factor that the person has been abused physically, sexually, or

psychologically by the person’s sexual partner, family member or

member of the household, the trafficker of the person, or other

individual who used the person for financial gain.

B. The defendant shall provide to the court evidence including

but not limited to:

Oklahoma Statutes - Title 22. Criminal Procedure Page 382

1. Documentary evidence corroborating that the defendant was,

at the time of the offense, a victim of domestic violence; and

2. At least one piece of documentary evidence that is a court

record, presentence report, social services record, hospital record,

sworn statement from a witness to the domestic violence or abuse who

is not the defendant, law enforcement record, domestic incident

report, or protective order.

Other evidence may include, but not be limited to, local jail

records or records of the Department of Corrections, documentation

prepared at or near the time of the commission or prosecution of the

offense tending to support the claims of the defendant, or

verification of consultation with a licensed medical care provider

or mental health care provider, employee of a court acting within

the scope of his or her employment, member of the clergy, attorney,

social worker, rape crisis counselor, or other advocate acting on

behalf of an agency that assists victims of domestic violence or

abuse. Expert testimony from a psychiatrist, psychologist, or

mental health professional showing that the defendant has been

diagnosed with post-traumatic stress disorder as a result of the

violence or abuse at issue may also be submitted to the court as

evidence.

C. If the court finds by clear and convincing evidence that at

the time of the offense the defendant was a survivor of domestic

violence or subjected to physical, sexual, or psychological abuse

inflicted by a sexual partner, a family member or member of the

household, the trafficker of the defendant, or any person who used

the defendant for financial gain, and that the violence or abuse was

related to and was a substantial contributing factor in causing the

defendant to commit the offense or to the defendant’s criminal

behavior, the court shall depart from the applicable sentence to the

ranges provided as follows:

1. Sentences of life without the possibility of parole shall be

reduced to thirty (30) years or less;

2. Sentences of life with the possibility of parole shall be

reduced to twenty-five (25) years or less;

3. Sentences of thirty (30) years or more shall be reduced to

twenty (20) years or less;

4. Sentences of twenty (20) years or more shall be reduced to

fifteen (15) years or less;

5. Sentences of fifteen (15) years or more shall be reduced to

seven and one-half (7 1/2) years or less; and

6. Sentences of eight (8) years or more shall be reduced to

five (5) years or less.

D. If the offense is one listed in Section 571 of Title 57 of

the Oklahoma Statutes, the defendant must prove by clear and

convincing evidence that either the victim was the perpetrator of

the domestic violence, physical, sexual, or psychological abuse by a

Oklahoma Statutes - Title 22. Criminal Procedure Page 383

sexual partner, a family or household member, the trafficker of the

defendant, or a person who used the defendant for financial gain, or

the offense was coerced by the perpetrator.

E. The provisions of this section shall not apply to a person

convicted of:

1. An offense that would require the person to register as a

sex offender;

2. An attempt or conspiracy to commit an offense that would

require the person to register as a sex offender;

3. An offense specified in subsection A of Section 843.3 of

Title 21 of the Oklahoma Statutes;

4. An offense specified in subsection A of Section 843.5 of

Title 21 of the Oklahoma Statutes; or

5. An offense for which the person has received a sentence of

death.
Okla. Stat. tit. 22, § 22-1278 — OK Code / Title 22 / Section 22-1278
Interpreters for deaf mutes - Appointment - Oath -
Status: in_force

Compensation.

(a) In all criminal prosecutions, where the accused is a deaf

mute, he shall have all of the proceedings of the trial interpreted

to him in a language that he can understand by a qualified

interpreter appointed by the court from a list of names submitted by

the Oklahoma Association of the Deaf.

(b) In all cases where the mental condition of a person is being

considered and where such person may be committed to a mental

institution, and where such person is a deaf mute, all of the court

proceedings, pertaining to him, shall be interpreted to him in a

language that he understands by a qualified interpreter appointed by

the court.

(c) Interpreters who shall be appointed under the terms of this

act shall be required to take an oath that they will make a true

interpretation to the person accused or being examined, which person

is a deaf mute, of all the proceedings of his case in a language

that he understands; and that he will repeat said deaf mute's

answers to questions to council, court, or jury, in the English

language, in his best skill and judgment.

(d) Interpreters appointed under the terms of this act shall be

paid for their services a sum to be determined by the court.
Okla. Stat. tit. 22, § 22-60.5 — OK Code / Title 22 / Section 22-60.5
Access to protective orders by law enforcement agencies
Status: in_force

A. Within twenty-four (24) hours of the return of service of

any emergency temporary, ex parte or final protective order, the

clerk of the issuing court shall send certified copies thereof to

all appropriate law enforcement agencies designated by the

plaintiff. A certified copy of any extension, modification,

vacation, cancellation or consent agreement concerning a final

protective order shall be sent within twenty-four (24) hours by the

clerk of the issuing court to those law enforcement agencies

receiving the original orders pursuant to this section and to any

law enforcement agencies designated by the court.

B. Any law enforcement agency receiving copies of the documents

listed in subsection A of this section shall be required to ensure

that other law enforcement agencies have access twenty-four (24)

hours a day to the information contained in the documents which may

include entry of information about the emergency temporary, ex parte

or final protective order in the National Crime Information Center

database.
Okla. Stat. tit. 22, § 22-962 — OK Code / Title 22 / Section 22-962
Time for pronouncing verdict specified
Status: in_force

The time appointed must be at least two (2) days after the

verdict, if the court intend to remain in session so long; or, if

not, at as remote a time as can reasonably be allowed.
Okla. Stat. tit. 22, § 22-1326 — OK Code / Title 22 / Section 22-1326
Receipts for property taken from defendant
Status: in_force

When money or other property is taken from a defendant arrested

upon a charge of public offense, the officer taking it must at the

time give duplicate receipts therefor, specifying particularly the

amount of money or the kind of property taken. One of which

receipts the officer must deliver to the defendant or to the

detention officer holding the detainee's personal property, and the

other of which the officer must file with the officer's chief law

enforcement officer or designee.
Okla. Stat. tit. 22, § 22-1373.1 — OK Code / Title 22 / Section 22-1373.1
Definitions
Status: in_force

As used in the Postconviction DNA Act:

1. "Biological material" means the contents of a sexual assault

evidence collection kit as well as any item that contains or

includes blood, semen, hair, saliva, skin tissue, fingernail

scrapings or parings, bone, bodily fluids or other identifiable

biological material that was collected as part of the criminal

investigation or may reasonably be used to incriminate or exculpate

Oklahoma Statutes - Title 22. Criminal Procedure Page 531

any person for an offense and that may be suitable for forensic DNA

testing. This definition applies whether the material was

catalogued separately including, but not limited to, on a swab, a

slide or on any other evidence;

2. "DNA" means deoxyribonucleic acid;

3. "Document" or "documents" means any tangible thing upon

which any expression, communication or representation has been

recorded by any means and includes any writing, electronic writing,

recording, drawing, map, graph or chart, photograph and other data

compilation in the actual or constructive possession, custody, care

or control of the government which pertains directly or indirectly

to any matter relevant to the issues in a criminal case; and

4. "Guardian of a convicted person" means a person who is the

legal guardian of the convicted person, whether the legal

relationship exists because of the age of the convicted person or

because of the physical or mental incompetency of the convicted

person.
Okla. Stat. tit. 22, § 22-1051 — OK Code / Title 22 / Section 22-1051
Right of appeal - Review - Corrective jurisdiction -
Status: in_force

Procedure - Scope of review on certiorari.

A. An appeal to the Court of Criminal Appeals may be taken by

the defendant, as a matter of right from any judgment against the

defendant, which shall be taken as herein provided; and, upon the

appeal, any decision of the court or intermediate order made in the

progress of the case may be reviewed; provided further, all appeals

taken from any conviction on a plea of guilty shall be taken by

petition for writ of certiorari to the Court of Criminal Appeals, as

provided in subsection B of this section; provided, the petition

must be filed within ninety (90) days from the date of the

conviction. The Court of Criminal Appeals may take jurisdiction of

any case for the purpose of correcting the appeal records when the

same do not disclose judgment and sentence; such jurisdiction shall

be for the sole purpose of correcting the defect or defects.

B. The procedure for the filing of an appeal in the Court of

Criminal Appeals shall be as provided in the Rules of the Court of

Criminal Appeals; and the Court of Criminal Appeals shall provide by

court rules, which will have the force of statute, and be in

furtherance of this method of appeal:

1. The procedure to be followed by the trial courts in the

preparation and authentication of transcripts and records in cases

appealed under this act;

2. The procedure to be followed for the completion and

submission of the appeal taken hereunder; and

3. The procedure to be followed for filing a petition for and

the issuance of a writ of certiorari.

C. The scope of review to be afforded on certiorari shall be

prescribed by the Court of Criminal Appeals.

D. The defendant may appeal to the Court of Criminal Appeals

from the denial of a pretrial motion seeking immunity from

prosecution pursuant to subsection F of Section 1289.25 of Title 21

of the Oklahoma Statutes within ten (10) days of the denial of the

motion. Priority shall be given to appeals taken pursuant to this

subsection and an order staying proceedings shall be entered pending

the outcome of the appeal. If an appeal is not brought within ten

(10) days of the denial, the defendant waives appellate review of

his or her claim of immunity from prosecution and subsequent motions

and appeals pursuant to this subsection shall be dismissed.

R.L. 1910, § 5988. Amended by Laws 1965, c. 113, § 1, emerg. eff.

May 19, 1965; Laws 1970, c. 157, §§ 1, 2; Laws 2022, c. 209, § 1,

eff. Nov. 1, 2022.

Oklahoma Statutes - Title 22. Criminal Procedure Page 364
Okla. Stat. tit. 22, § 22-1115.5 — OK Code / Title 22 / Section 22-1115.5
Department of Public Safety - Power and duties relative
Status: in_force

to suspension of driving privilege.

A. 1. Following receipt of notification and a request for

driving privilege suspension from a municipal or district court

clerk as provided for in Section 1115.1 of this title or Section 1

of this act, Service Oklahoma shall:

a. suspend the privilege of the person to operate a motor

vehicle in this state; or

b. request suspension of the driving privilege of the

person in the state which issued the license as

provided by the Nonresident Violator Compact.

A person whose license is subject to suspension pursuant to this

section may avoid the effective date of the suspension or, if

suspended, shall be eligible for reinstatement, if otherwise

eligible, upon meeting the requirements of subsection C of this

section.

2. Service Oklahoma may decline to initiate such suspension

action if the request is discovered to be improper or questionable.

3. Service Oklahoma shall not be required to issue more than

one suspension of the driving privilege of a person in the event

multiple requests for suspensions are received from a court clerk

based upon the failure of the person to appear at a particular time

and date on multiple charges.

B. Following receipt of a request from another jurisdiction for

the suspension of the driving privilege of an Oklahoma resident as

provided by the Nonresident Violator Compact, Service Oklahoma, if

the request appears to be valid, shall initiate suspension of the

privilege of the person to operate a motor vehicle in this state.

If suspended, such suspension shall remain in effect until the

person meets the requirements of subsection C of this section.

Oklahoma Statutes - Title 22. Criminal Procedure Page 432

C. 1. A person whose license is subject to suspension in this

state pursuant to the provisions of this section may avoid the

effective date of suspension, or if suspended in this state, shall

be eligible for reinstatement, if otherwise eligible, upon:

a. making application therefore to Service Oklahoma, and

b. showing proof from the court or court clerk that the

person has entered an appearance in the case which was

the basis for the suspension action and was released

by the court as provided for by the Nonresident

Violator Compact or consistent provisions, and

c. submitting with the application the fees, as provided

for in Section 6-212 of Title 47 of the Oklahoma

Statutes. The fees shall be remitted to the State

Treasurer to be credited to the General Revenue Fund

of the State Treasury;

2. Upon reinstatement, Service Oklahoma may remove any record

of the suspension and reinstatement as provided for in this section

from the file of the individual licensee and maintain an internal

record of the suspension and reinstatement for fiscal and other

purposes.

D. Any person whose driving privilege is suspended or subject

to suspension in this state pursuant to the provisions of this

section, at any time, may informally present specific reasons or

documentation to Service Oklahoma to show that such suspension may

be unwarranted. Service Oklahoma may stay the suspension or

suspension action pending receipt of further information or

documentation from the person or from the jurisdiction requesting

such suspension, or pending review of the record, or other inquiry.

If Service Oklahoma determines the suspension is unwarranted, the

suspension action shall be withdrawn or vacated without the

requirement of a processing fee and a reinstatement fee and Service

Oklahoma shall accordingly notify the jurisdiction which requested

the suspension. If, however, the request for suspension appears

valid, Service Oklahoma shall proceed with suspension of the driving

privilege of the person and the person shall have the right to

appeal as provided for by Section 6-211 of Title 47 of the Oklahoma

Statutes. Provided, however, the court shall not consider

modification, but shall either sustain or vacate the order of

suspension of Service Oklahoma based upon the records on file with

Service Oklahoma, the law and other relevant evidence.
Okla. Stat. tit. 22, § 22-1141.1 — OK Code / Title 22 / Section 22-1141.1
Definitions
Status: in_force

Where appearing in this act, the term "Governor" includes any

person performing the functions of Governor by authority of the law

of this state. The term "executive authority" includes the

Governor, and any person performing the functions of Governor in a

Oklahoma Statutes - Title 22. Criminal Procedure Page 435

state other than this state, and the term "state", referring to a

state other than this state, includes any other state or territory,

organized or unorganized, of the United States of America.
Okla. Stat. tit. 22, § 22-517 — OK Code / Title 22 / Section 22-517
Plea of guilty may be withdrawn
Status: in_force

The court may, at any time before judgment, upon a plea of

guilty, permit it to be withdrawn, and a plea of not guilty

substituted.
Okla. Stat. tit. 22, § 22-60.25 — OK Code / Title 22 / Section 22-60.25
Registration of foreign orders - Certified copy -
Status: in_force

Inaccurate orders - Affidavits - Fee.

A. Any individual may register a foreign protection order in

this state. To register a foreign protection order, an individual

shall:

1. Present a certified copy of the order to the Secretary of

State; or

2. Present a certified copy of the order to a law enforcement

officer and request that the order be registered with the Secretary

of State.

Oklahoma Statutes - Title 22. Criminal Procedure Page 109

B. Upon receipt of a foreign protection order, the Secretary of

State shall register the order in accordance with this section.

After the order is registered, the Secretary of State shall furnish

to the individual registering the order a certified copy of the

registered order.

C. The Secretary of State shall register an order upon

presentation of a copy of a protection order which has been

certified by the issuing state. A registered foreign protection

order that is inaccurate or is not currently in effect must be

corrected or removed from the registry in accordance with the law of

this state.

D. An individual registering a foreign protection order shall

file an affidavit by the protected individual stating that, to the

best of the protected individual’s knowledge, the order is currently

in effect.

E. A foreign protection order registered under this act may be

entered in any existing state or federal registry of protection

orders, in accordance with applicable law.

F. A fee may not be charged for the registration of a foreign

protection order.
Okla. Stat. tit. 22, § 22-233 — OK Code / Title 22 / Section 22-233
Judgment on bond
Status: in_force

In all cases where bonds have been given under the provisions of

this chapter, and the maker thereof shall be liable thereon, by the

conviction or acquittal of the defendant, the court shall, at the

time of rendering judgment for or against the defendant, render such

judgment as may be proper on the bond, and issue execution thereon,

as in cases of a civil judgment.
Okla. Stat. tit. 22, § 22-60.1 — OK Code / Title 22 / Section 22-60.1
Definitions
Status: in_force

As used in the Protection from Domestic Abuse Act and in the

Domestic Abuse Reporting Act, Sections 40.5 through 40.7 of this

title, and Section 150.12B of Title 74 of the Oklahoma Statutes:

1. “Dating relationship” means intimate association, primarily

characterized by affectionate or sexual involvement. For purposes

of this act, a casual acquaintance or ordinary fraternization

between persons in a business or social context shall not constitute

a dating relationship;

2. “Domestic abuse” 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

Oklahoma Statutes - Title 22. Criminal Procedure Page 63

currently or was previously an intimate partner or family or

household member;

3. “Family or household members” means:

a. parents, including grandparents, stepparents, adoptive

parents and foster parents,

b. children, including grandchildren, stepchildren,

adopted children and foster children,

c. persons otherwise related by blood or marriage living

in the same household,

d. persons otherwise related by blood or marriage, or

e. persons not related by blood or marriage living in the

same household;

4. “Foreign protective order” means any valid order of

protection issued by a court of another state or a tribal court;

5. “Harassment” means a knowing and willful course or pattern

of conduct by a family or household member or an individual who is

or has been involved in a dating relationship with the person,

directed at a specific person which seriously alarms or annoys the

person, and which serves no legitimate purpose. The course of

conduct must be such as would cause a reasonable person to suffer

substantial emotional distress and must actually cause substantial

distress to the person. “Harassment” shall include, but not be

limited to, harassing or obscene telephone calls in violation of

Section 1172 of Title 21 of the Oklahoma Statutes and fear of death

or bodily injury;

6. “Intimate partner” means:

a. current or former spouses,

b. persons who are or were in a dating relationship,

c. persons who are the biological parents of the same

child, regardless of their marital status or whether

they have lived together at any time, and

d. persons who currently or formerly lived together in an

intimate way, primarily characterized by affectionate

or sexual involvement. A sexual relationship may be

an indicator that a person is an intimate partner, but

is never a necessary condition;

7. “Living in the same household” means:

a. persons who regularly reside in the same single-

dwelling unit,

b. persons who resided in the same single-dwelling unit

within the past year, or

c. persons who have individual lease agreements whereby

each person has his or her own private bedroom and

shares the common areas;

8. “Mutual protective order” means a final protective order or

orders issued to both a plaintiff who has filed a petition for a

protective order and a defendant included as the defendant in the

Oklahoma Statutes - Title 22. Criminal Procedure Page 64

plaintiff’s petition restraining the parties from committing

domestic violence, stalking, harassment or rape against each other.

If both parties allege domestic abuse, violence, stalking,

harassment or rape against each other, the parties shall do so by

separate petition pursuant to Section 60.4 of this title;

9. “Rape” means rape and rape by instrumentation in violation

of Sections 1111 and 1111.1 of Title 21 of the Oklahoma Statutes;

10. “Stalking” means the willful, malicious, and repeated

following or harassment of a person by an adult, emancipated minor,

or minor thirteen (13) years of age or older, in a manner that would

cause a reasonable person to feel frightened, intimidated,

threatened, harassed, or molested and actually causes the person

being followed or harassed to feel terrorized, frightened,

intimidated, threatened, harassed or molested. Stalking also means

a course of conduct composed of a series of two or more separate

acts over a period of time, however short, evidencing a continuity

of purpose or unconsented contact with a person that is initiated or

continued without the consent of the individual or in disregard of

the expressed desire of the individual that the contact be avoided

or discontinued. Unconsented contact or course of conduct includes,

but is not limited to:

a. maintaining a visual or physical proximity to the

individual,

b. approaching or confronting that individual in a public

place or on private property,

c. appearing at the workplace of the individual or

contacting the employer or coworkers of the

individual,

d. appearing at the residence of the individual or

contacting the neighbors of the individual,

e. entering onto or remaining on property owned, leased

or occupied by the individual,

f. contacting the individual by telephone, text message,

electronic message, electronic mail, or other means of

electronic communication or causing the telephone or

electronic device of the individual or the telephone

or electronic device of any other person to ring or

generate notifications repeatedly or continuously,

regardless of whether a conversation ensues,

g. photographing, videotaping, audiotaping, or, through

any other electronic means, monitoring or recording

the activities of the individual. This subparagraph

applies regardless of where the act occurs,

h. sending any physical or electronic material or

contacting the individual by any means, including any

message, comment, or other content posted on any

Internet site or web application,

Oklahoma Statutes - Title 22. Criminal Procedure Page 65

i. sending to a family member or member of the household

of the individual, or any current or former employer

of the individual, or any current or former coworker

of the individual, or any friend of the individual,

any physical or electronic material or contacting such

person by any means, including any message, comment,

or other content posted on any Internet site or web

application, for the purpose of obtaining information

about, disseminating information about, or

communicating with the individual,

j. placing an object on, or delivering an object to,

property owned, leased or occupied by the individual,

k. delivering an object to a family member or member of

the household of the individual, or an employer,

coworker, or friend of the individual, or placing an

object on, or delivering an object to, property owned,

leased, or occupied by such a person with the intent

that the object be delivered to the individual, or

l. causing a person to engage in any of the acts

described in subparagraphs a through k of this

paragraph; and

11. “Victim support person” means a person affiliated with a

domestic violence, sexual assault or adult human sex trafficking

program, certified by the Attorney General or operating under a

tribal government, who provides support and assistance for a person

who files a petition under the Protection from Domestic Abuse Act.
Okla. Stat. tit. 22, § 22-471 — OK Code / Title 22 / Section 22-471
Short title
Status: in_force

Sections 1 through 12 of this act shall be known and may be

cited as the "Oklahoma Drug Court Act".
Okla. Stat. tit. 22, § 22-979 — OK Code / Title 22 / Section 22-979
Execution of judgment by sheriff in certain cases -
Status: in_force

Delivery to proper officer in other cases.

When the judgment is imprisonment in a county jail, or a fine,

and that the defendant be imprisoned until it be paid, the judgment

must be executed by the sheriff of the county or subdivision. In

all other cases when the sentence is imprisonment, the sheriff of

the county must deliver the defendant to the proper officer, in

execution of the judgment.
Okla. Stat. tit. 22, § 22-1412 — OK Code / Title 22 / Section 22-1412
Lien notice
Status: in_force

A. At any time after the institution of any civil proceeding or

at any time after the filing of an indictment or information

pursuant to the provisions of the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act, the state may file a lien notice in the

official records as may be required for perfecting a security

interest for any given property. A filing fee in the amount as

required by law for the filing of a mechanic's or materialmen's lien

shall be required as a condition for filing the lien notice, and the

county clerk, upon the presentation of such lien notice, shall

immediately record it in the official records.

B. The lien notice shall be signed by the Attorney General or

by a district attorney. The notice shall be in such form as the

Attorney General prescribes and shall set forth the following

information:

1. The name of the person against whom the proceeding has been

brought or who has been charged or indicted for a violation of this

act and any other names under which the person may be known. The

Attorney General or district attorney may also name in the lien

notice any enterprise that is either controlled by or entirely owned

by the person;

2. If known to the Attorney General or district attorney, the

present residence and business addresses of the persons named in the

lien notice;

3. A reference to the criminal or civil proceeding stating that

a proceeding pursuant to the provisions of the Oklahoma Racketeer-

Influenced and Corrupt Organizations Act has been brought against

the person named in the lien notice or that the person has been

charged or indicted for a violation of this act, the name of the

county or counties where the proceeding has been brought or the

conviction was made and any other lien notices filed, and, if known

to the Attorney General or district attorney at the time of filing

the lien notice, the case number of the proceeding;

Oklahoma Statutes - Title 22. Criminal Procedure Page 550

4. A statement that the notice is being filed pursuant to the

provisions of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act; and

5. The name and address of the Attorney General or the district

attorney filing the lien notice.

A lien notice shall apply only to one person and, to the extent

applicable, the names of enterprises, to the extent permitted in

this section. A separate lien notice shall be filed for any other

person against whom the Attorney General or district attorney

desires to file a lien notice pursuant to the provisions of this

section.

C. Within ten (10) days after filing of each lien notice, the

Attorney General or district attorney shall furnish to the person

named in the notice by certified mail, return receipt requested, to

the last-known business or residential address, a copy of the

recorded notice. In the event the person cannot be served by

certified mail, service may be by publication pursuant to Section

2004 of Title 12 of the Oklahoma Statutes.

D. From the time of its filing, a lien notice creates a lien in

favor of the state on the following property of the person named in

the notice:

1. Any personal or real property owned by the person under any

name set forth in the lien notice which is situated in the county

where the notice is filed; and

2. Any beneficial interest of said property owned by the person

under any name located in the county where the notice is filed.

The lien shall commence and attach as of the time of filing of

the lien notice and shall continue thereafter until expiration,

termination, or release of the lien. The lien created in favor of

the state shall be superior and prior to the interest of any other

person in the personal or real property or beneficial interest in

said property, if the interest is acquired subsequent to the filing

of the notice.

E. In conjunction with any civil proceeding:

1. The Attorney General or district attorney may file without

prior court order in any county a lis pendens pursuant to the

provisions of the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act. In that event, any person acquiring an interest

in the subject real property or beneficial interest in it after the

filing of the lis pendens, shall take the interest subject to the

civil proceeding and any subsequent judgment of forfeiture; and

2. If a lien notice has been filed, the Attorney General or

district attorney may name as defendants, in addition to the person

named in the notice, any person acquiring an interest in the

personal or real property or beneficial interest in it subsequent to

the filing of the notice. If a judgment of forfeiture is entered in

the proceeding in favor of the state, the interest of any person in

Oklahoma Statutes - Title 22. Criminal Procedure Page 551

the property that was acquired subsequent to the filing of the

notice and judgment of forfeiture shall be subject to the notice and

judgment of forfeiture.

F. Upon the entry of a final judgment of forfeiture in favor of

the state, the title to the forfeited real property shall be

transferred to the state and shall be recorded in the official

records of the county where the real property or a beneficial

interest in it is located.

In the case of personal property or a beneficial interest in it,

the property shall be seized if not already in possession of the

state and disposed of in accordance with the Oklahoma Racketeer-

Influenced and Corrupt Organizations Act.

G. If personal or real property or a beneficial interest in it

subject to forfeiture is conveyed, alienated, disposed of, or

otherwise rendered unavailable for forfeiture after the filing of a

lien notice, the state may treat it as a fraudulent and preferential

conveyance and may institute an action in any district court against

the person named in the lien notice, the defendant in the civil

proceeding or the person convicted in the criminal proceeding; and

the court shall enter final judgment against such person or any

beneficial interest in it together with investigative costs and

attorneys fees incurred by the state in the action. If a civil

proceeding is pending, such action shall be filed only in the court

where such civil proceeding is pending.

H. The filing of a lien notice shall not affect the use to

which personal or real property or a beneficial interest in it owned

by the person named in the racketeering lien may be entitled to or

the right of the person to receive any avails, rents, or other

proceeds resulting from the use and ownership of the property,

except for the conveyance of said property, until a judgment of

forfeiture is entered.

I. The term of a lien notice shall be for a period of six (6)

years from the date of filing unless a renewal lien notice has been

filed by the Attorney General or district attorney. In this event,

the term of the renewal lien notice shall be for a period of six (6)

years from the date of its filing. The Attorney General or district

attorney shall be entitled to only one renewal of the lien notice.

J. The Attorney General or district attorney filing the lien

notice may release in whole or in part any lien notice or may

release any personal or real property or beneficial interest in it

from the lien notice upon such terms and conditions as the Attorney

General or district attorney may determine. Any release of a lien

notice executed by the Attorney General or district attorney may be

filed in the official records of any county. No charge or fee shall

be imposed for the filing of any release of a lien notice.

K. If no civil proceeding has been instituted by the Attorney

General or district attorney seeking a forfeiture of any property

Oklahoma Statutes - Title 22. Criminal Procedure Page 552

owned by the person named in the lien notice, the acquittal in the

criminal proceeding of the person named in the lien notice or the

dismissal of the criminal proceeding, shall terminate the lien

notice. If the civil proceeding has been instituted, in the event

the criminal proceeding has been dismissed or the person named in

the lien notice has been acquitted in the criminal proceeding, the

lien notice shall continue for the duration of the civil proceeding.

L. If no civil proceeding or criminal proceeding is then

pending against the person named in the lien notice, any person

named in a lien notice may apply to the district court in the county

where the notice has been filed for the release or extinguishment of

the notice and the district court shall enter a judgment

extinguishing the lien notice or releasing the personal or real

property or beneficial interest in it from the lien notice.

M. In the event a civil proceeding is pending against a person

named in a lien notice, the district court upon motion by the person

may grant the relief provided for in this section at a hearing held

for that purpose:

1. If a sale of the personal or real property or beneficial

interest in it is pending and the filing of the notice prevents the

sale of the property or interest, the district court shall

immediately enter its order releasing from the lien notice any

specific personal or real property or beneficial interest in it.

The proceeds resulting from the sale of the personal or real

property or beneficial interest in it shall be deposited with the

clerk of the district court, subject to the further order of the

district court; and

2. At the hearing, the district court may release from the lien

notice any personal or real property or beneficial interest in it

upon the posting by such person of such security as is equal to the

value of the personal or real property or beneficial interest in it

owned by such person.
Okla. Stat. tit. 22, § 22-34.2 — OK Code / Title 22 / Section 22-34.2
Policies or guidelines on use of force to be adopted —
Status: in_force

Reporting incidents of excessive force — Contents of report —

Failure to report or making materially false statements.

A. Each law enforcement entity which employs any peace officer

shall adopt policies or guidelines concerning the use of force by

peace officers employed by the entity.

B. Any peace officer, except a newly employed officer during

such officer's probationary period, who, in pursuance of such

officer's law enforcement duties, witnesses another peace officer,

in pursuance of such other peace officer's law enforcement duties in

carrying out an arrest of any person, placing any person under

detention, taking any person into custody, booking any person, or in

the process of crowd control or riot control, use physical force

which exceeds the degree of physical force permitted by law or by

the policies and guidelines of the law enforcement entity, shall

report such use of excessive force to such officer's immediate

supervisor.

C. At a minimum, the report required by this section shall

include:

1. The date, time, and place of the occurrence;

2. The identity, if known, and description of the participants;

3. A description of the events and the force used.

D. A copy of an arrest report or other similar report required

as a part of a peace officer's duties can be substituted for the

report required by this section, as long as it includes the

information specified in subsection C of this section. The report

shall be made in writing within ten (10) days of the occurrence of

the use of such force.

E. Any peace officer who fails to report such use of excessive

force in the manner prescribed in this section, or who knowingly

makes a materially false statement which the officer does not

Oklahoma Statutes - Title 22. Criminal Procedure Page 47

believe to be true in any report made pursuant to this section, upon

conviction, shall be guilty of a misdemeanor.
Okla. Stat. tit. 22, § 22-1170 — OK Code / Title 22 / Section 22-1170
Expense of keeping insane defendant
Status: in_force

The expenses of keeping the defendant are in the first instance

chargeable to the county, but the county may recover them from the

estate of the defendant, if he have any, or from a relative.
Okla. Stat. tit. 22, § 22-1089 — OK Code / Title 22 / Section 22-1089
Capital cases - Post - conviction relief - Grounds for
Status: in_force

appeal.

A. The application for post-conviction relief of a defendant

who is under the sentence of death in one or more counts and whose

death sentence has been affirmed or is being reviewed by the Court

of Criminal Appeals in accordance with the provisions of Section

701.13 of Title 21 of the Oklahoma Statutes shall be expedited as

provided in this section. The provisions of this section also apply

to noncapital sentences in a case in which the defendant has

received one or more sentences of death.

B. The Oklahoma Indigent Defense System shall represent all

indigent defendants in capital cases seeking post-conviction relief

upon appointment by the appropriate district court after a hearing

determining the indigency of any such defendant. When the Oklahoma

Indigent Defense System or another attorney has been appointed to

represent an indigent defendant in an application for post-

conviction relief, the Clerk of the Court of Criminal Appeals shall

include in its notice to the district court clerk, as required by

Section 1054 of this title, that an additional certified copy of the

appeal record is to be transmitted to the Oklahoma Indigent Defense

System or the other attorney.

Oklahoma Statutes - Title 22. Criminal Procedure Page 375

C. The only issues that may be raised in an application for

post-conviction relief are those that:

1. Were not and could not have been raised in a direct appeal;

and

2. Support a conclusion either that the outcome of the trial

would have been different but for the errors or that the defendant

is factually innocent.

The applicant shall state in the application specific facts

explaining as to each claim why it was not or could not have been

raised in a direct appeal and how it supports a conclusion that the

outcome of the trial would have been different but for the errors or

that the defendant is factually innocent.

D. 1. The application for post-conviction relief shall be

filed in the Court of Criminal Appeals within ninety (90) days from

the date the appellee's brief on direct appeal is filed or, if a

reply brief is filed, ninety (90) days from the filing of that reply

brief with the Court of Criminal Appeals on the direct appeal.

Where the appellant's original brief on direct appeal has been filed

prior to November 1, 1995, and no application for post-conviction

relief has been filed, any application for post-conviction relief

must be filed in the Court of Criminal Appeals within one hundred

eighty (180) days of November 1, 1995. The Court of Criminal

Appeals may issue orders establishing briefing schedules or enter

any other orders necessary to extend the time limits under this

section in cases where the original brief on direct appeal has been

filed prior to November 1, 1995.

2. All grounds for relief that were available to the applicant

before the last date on which an application could be timely filed

not included in a timely application shall be deemed waived.

No application may be amended or supplemented after the time

specified under this section. Any amended or supplemental

application filed after the time specified under this section shall

be treated by the Court of Criminal Appeals as a subsequent

application.

3. Subject to the specific limitations of this section, the

Court of Criminal Appeals may issue any orders as to discovery or

any other orders necessary to facilitate post-conviction review.

4. a. The Court of Criminal Appeals shall review the

application to determine:

(1) whether controverted, previously unresolved

factual issues material to the legality of the

applicant's confinement exist,

(2) whether the applicant's grounds were or could

have been previously raised, and

(3) whether relief may be granted under the Post-

Conviction Procedure Act.

Oklahoma Statutes - Title 22. Criminal Procedure Page 376

b. For purposes of this subsection, a ground could not

have been previously raised if:

(1) it is a claim of ineffective assistance of trial

counsel involving a factual basis that was not

ascertainable through the exercise of reasonable

diligence on or before the time of the direct

appeal, or

(2) it is a claim contained in an original timely

application for post-conviction relief relating

to ineffective assistance of appellate counsel.

All claims of ineffective assistance of counsel shall be governed by

clearly established law as determined by the United States Supreme

Court.

If the Court of Criminal Appeals determines that controverted,

previously unresolved factual issues material to the legality of the

applicant's confinement do not exist, or that the claims were or

could have been previously raised, or that relief may not be granted

under the Post-Conviction Procedure Act and enters an order to that

effect, the Court shall make findings of fact and conclusions of law

or may order the parties to file proposed findings of fact and

conclusions of law for the Court to consider on or before a date set

by the Court that is not later than thirty (30) days after the date

the order is issued. The Court of Criminal Appeals shall make

appropriate written findings of fact and conclusions of law not

later than fifteen (15) days after the date the parties filed

proposed findings.

5. If the Court of Criminal Appeals determines that

controverted, previously unresolved factual issues material to the

legality of the applicant's confinement do exist, and that the

application meets the other requirements of paragraph 4 of this

subsection, the Court shall enter an order to the district court

that imposed the sentence designating the issues of fact to be

resolved and the method by which the issues shall be resolved.

The district court shall not permit any amendments or

supplements to the issues remanded by the Court of Criminal Appeals

except upon motion to and order of the Court of Criminal Appeals

subject to the limitations of this section.

The Court of Criminal Appeals shall retain jurisdiction of all

cases remanded pursuant to the Post-Conviction Procedure Act.

6. The district attorney's office shall have twenty (20) days

after the issues are remanded to the district court within which to

file a response. The district court may grant one extension of

twenty (20) days for good cause shown and may issue any orders

necessary to facilitate post-conviction review pursuant to the

remand order of the Court of Criminal Appeals. Any applications for

extension beyond the twenty (20) days shall be presented to the

Court of Criminal Appeals. If the district court determines that an

Oklahoma Statutes - Title 22. Criminal Procedure Page 377

evidentiary hearing should be held, that hearing shall be held

within thirty (30) days from the date that the state filed its

response. The district court shall file its decision together with

findings of fact and conclusions of law with the Court of Criminal

Appeals within forty-five (45) days from the date that the state

filed its response or within forty-five (45) days from the date of

the conclusion of the evidentiary hearing.

7. Either party may seek review by the Court of Criminal

Appeals of the district court's determination of the issues remanded

by the Court of Criminal Appeals within ten (10) days from the entry

of judgment. Such party shall file a notice of intent to seek

review and a designation of record in the district court within ten

(10) days from the entry of judgment. A copy of the notice of

intent to seek review and the designation of the record shall be

served on the court reporter, the petitioner, the district attorney,

and the Attorney General, and shall be filed with the Court of

Criminal Appeals. A petition in error shall be filed with the Court

of Criminal Appeals by the party seeking review within thirty (30)

days from the entry of judgment. If an evidentiary hearing was

held, the court reporter shall prepare and file all transcripts

necessary for the appeal within sixty (60) days from the date the

notice and designation of record are filed. The petitioner's brief-

in-chief shall be filed within forty-five (45) days from the date

the transcript is filed in the Court of Criminal Appeals or, if no

evidentiary hearing was held, within forty-five (45) days from the

date of the filing of the notice. The respondent shall have twenty

(20) days thereafter to file a response brief. The district court

clerk shall file the records on appeal with the Court of Criminal

Appeals on or before the date the petitioner's brief-in-chief is

due. The Court of Criminal Appeals shall issue an opinion in the

case within one hundred twenty (120) days of the filing of the

response brief or at the time the direct appeal is decided. If no

review is sought within the time specified in this section, the

Court of Criminal Appeals may adopt the findings of the district

court and enter an order within fifteen (15) days of the time

specified for seeking review or may order additional briefing by the

parties. In no event shall the Court of Criminal Appeals grant

post-conviction relief before giving the state an opportunity to

respond to any and all claims raised to the Court.

8. If an original application for post-conviction relief is

untimely or if a subsequent application for post-conviction relief

is filed after filing an original application, the Court of Criminal

Appeals may not consider the merits of or grant relief based on the

untimely original application, or a subsequent application, unless:

a. the application contains claims and issues that have

not been and could not have been presented previously

in a timely original application or in a previously

Oklahoma Statutes - Title 22. Criminal Procedure Page 378

considered application filed under this section,

because the legal basis for the claim was unavailable,

or

b. (1) the application contains sufficient specific

facts establishing that the current claims and

issues have not and could not have been presented

previously in a timely original application or in

a previously considered application filed under

this section, because the factual basis for the

claim was unavailable as it was not ascertainable

through the exercise of reasonable diligence on

or before that date, and

(2) the facts underlying the claim, if proven and

viewed in light of the evidence as a whole, would

be sufficient to establish by clear and

convincing evidence that, but for the alleged

error, no reasonable fact finder would have found

the applicant guilty of the underlying offense or

would have rendered the penalty of death.

The provisions of this paragraph shall apply irrespective of the

nature of the claims raised in the application and shall include

jurisdictional claims. The provisions of this paragraph shall also

apply to any post-conviction application filed on or after the

effective date of this act.

9. For purposes of the Post-Conviction Procedure Act, a legal

basis of a claim is unavailable on or before a date described by

this subsection if the legal basis:

a. was not recognized by or could not have been

reasonably formulated from a final decision of the

United States Supreme Court, a court of appeals of the

United States, or a court of appellate jurisdiction of

this state on or before that date, or

b. is a new rule of constitutional law that was given

retroactive effect by the United States Supreme Court

or a court of appellate jurisdiction of this state and

had not been announced on or before that date.

E. All matters not specifically governed by the provisions of

this section shall be subject to the provisions of the Post-

Conviction Procedure Act. If the provisions of this section

conflict with the provisions of the Post-Conviction Procedure Act,

the provisions of this section shall govern.
Okla. Stat. tit. 22, § 22-1011 — OK Code / Title 22 / Section 22-1011
Execution of judgment - Suspension when defendant
Status: in_force

pregnant - Execution when pregnancy ceases.

If it is found that a female is not pregnant the warden must

execute the judgment. If it is found that she is pregnant, the

warden must suspend the execution of the judgment and transmit a

certified copy of the findings and certificate to the Governor. When

the Governor receives from the warden a certificate that the

defendant is no longer pregnant, he must issue to the warden his

warrant appointing a day for the execution of the judgment.
Okla. Stat. tit. 22, § 22-786 — OK Code / Title 22 / Section 22-786
Interrogatories and cross-interrogatories
Status: in_force

When the commission is ordered, the defendant must serve upon

the district attorney, without delay, a copy of the interrogatories

to be annexed thereto, with three (3) days notice of the time at

which they will be presented to the court or judge. The district

attorney may in like manner serve upon the defendant or his counsel

cross-interrogatories, to be annexed to the commission, with like

notice. In the interrogatories, either party may insert any

question pertinent to the issue. When the interrogatories and

cross-interrogatories are presented to the court or judge, according

to the notice, the court or judge must modify the questions, so as

to conform them to the rules of evidence, and must endorse upon them

his alterations, and annex them to the commission.
Okla. Stat. tit. 22, § 22-765 — OK Code / Title 22 / Section 22-765
Order for examination - Testimony by alternative method
Status: in_force

If the court or judge is satisfied that the examination of the

witness is necessary an order must be made that the witness be

examined conditionally at a specified time and place, and that a

copy of the order be served on counsel for the opposing party within

a specified time before that fixed for the examination. If the

witness is a child as defined by Section 1-1-105 of Title 10A of the

Oklahoma Statutes or a vulnerable adult as defined in Section 10-103

of Title 43A of the Oklahoma Statutes, the court can allow the

witness to testify through an alternative method pursuant to the

provisions of the Uniform Child Witness Testimony by Alternative

Methods Act or Section 2611.2 of Title 12 of the Oklahoma Statutes.

Oklahoma Statutes - Title 22. Criminal Procedure Page 237

R.L. 1910, § 6029. Amended by Laws 1994, c. 292, § 9, eff. Sept. 1,

1994; Laws 2004, c. 445, § 3, emerg. eff. June 4, 2004; Laws 2022,

c. 104, § 6, eff. Nov. 1, 2022.
Okla. Stat. tit. 22, § 22-47 — OK Code / Title 22 / Section 22-47
Discharge on giving bond
Status: in_force

If the person complained of be committed for not giving security

he may be discharged by any justice of the peace of the county, or

police or special justice of the city, upon giving the same.
Okla. Stat. tit. 22, § 22-1358 — OK Code / Title 22 / Section 22-1358
Reassignment of cases
Status: in_force

If the Executive Director determines that a conflict exists

after evaluating a case assigned pursuant to Section 1356 of this

Oklahoma Statutes - Title 22. Criminal Procedure Page 524

title, the Executive Director shall reassign the case in the same

manner as is provided for conflicts at the trial level in Section

1355.7 of this title, unless the case is from a county subject to

the provisions of Section 138.1a of Title 19 of the Oklahoma

Statutes and the indigent defendant was not represented at trial by

the county indigent defender. If the Executive Director determines

a conflict exists in a case from a county subject to the provisions

of Section 138.1a of Title 19 of the Oklahoma Statutes and the

indigent defendant was not represented at trial by the county

indigent defender, the county indigent defender shall be appointed

to represent the indigent defendant. The appointment of the county

indigent defender shall be made by the district court at the time

the appeal is initiated or by the Court of Criminal Appeals after

the appeal is initiated. If the district court, at the time the

appeal is initiated, or the Court of Criminal Appeals, after the

appeal has been initiated, determines that the county indigent

defender also has a conflict of interest in the case, the district

court, initially or on remand from the Court of Criminal Appeals,

shall appoint counsel in the same manner as is provided for

conflicts at the trial level in Section 138.7 of Title 19 of the

Oklahoma Statutes, by reassigning the case to another county

indigent defender, an attorney who represents indigents pursuant to

contract, or a private attorney has agreed to accept such

appointments.
Okla. Stat. tit. 22, § 22-1344 — OK Code / Title 22 / Section 22-1344
Concealing unpurchased merchandise - Presumption
Status: in_force

Any person concealing unpurchased merchandise of any mercantile

establishment, either on the premises or outside the premises of

such establishment, shall be presumed to have so concealed such

merchandise with the intention of committing a wrongful taking of

such merchandise within the meaning of Section 1341 of this title,

and such concealment or the finding of such unpurchased merchandise

concealed upon the person or among the belongings of such person

shall be conclusive evidence of reasonable grounds and probable

cause for the detention in a reasonable manner and for a reasonable

length of time, of such person by a merchant, his agent or employee,

and any such reasonable detention shall not be deemed to be

Oklahoma Statutes - Title 22. Criminal Procedure Page 503

unlawful, nor render such merchant, his agent or employee criminally

or civilly liable.
Okla. Stat. tit. 22, § 22-126 — OK Code / Title 22 / Section 22-126
Kidnapping, enticing away children and similar offenses,
Status: in_force

jurisdiction.

The jurisdiction of an indictment or information:

1. For forcibly and without lawful authority seizing and

confining another, or inveigling or kidnapping the person, with

intent, against his or her will, to cause the person to be secretly

confined or imprisoned in this state, or to be sent out of the

state, or from one county to another;

2. For decoying or taking or enticing away a child under the

age of twelve (12) years, with intent to detain and conceal the

child from his or her parents, guardian, or other person having

lawful charge of the child;

3. For the inveigling, enticing, or taking away an unmarried

female of previous chaste character, under the age of twenty-one

(21) years, for the purpose of prostitution; or

4. For taking away any child under the age of eighteen (18)

years from his or her father, mother, guardian or other person

having the legal charge of his or her person for the purpose of

child sex trafficking,

is in any county in which the offense is committed or into or out of

which the person upon whom the offense was committed, may, in the

commission of the offense, have been brought or in which an act was

done by the defendant in instigating, procuring, promoting, aiding

or in being an accessory to the commission of the offense, or in

abetting the parties concerned therein.
Okla. Stat. tit. 22, § 22-1089.6 — OK Code / Title 22 / Section 22-1089.6
Erroneous ruling or order - Remand
Status: in_force

In the event the assigned judge finds, based upon the record

developed before the magistrate, that the magistrate's ruling or

order was in error, the assigned judge shall enter an order finding

that the ruling or order entered by the magistrate was erroneous and

shall remand the cause to the magistrate with directions to enter a

proper ruling or order.
Okla. Stat. tit. 22, § 22-583 — OK Code / Title 22 / Section 22-583
Defendant must be present, when
Status: in_force

If the indictment or information is for a felony, the defendant

must be personally present at the trial, but if for a misdemeanor

not punishable by imprisonment, the trial may be had in the absence

of the defendant; if, however, his presence is necessary for the

purpose of identification, the court may, upon application of the

district attorney, by an order or warrant, require the personal

attendance of the defendant at the trial.
Okla. Stat. tit. 22, § 22-17 — OK Code / Title 22 / Section 22-17
Custody and distribution of proceeds from sale of rights
Status: in_force

arising from criminal act.

A. Every person who has been charged, convicted, has pled

guilty or has pled nolo contendere to any crime, hereinafter

referred to as the defendant, or any other person with the

cooperation of the defendant, who contracts to receive, or have any

other person or entity receive, any proceeds or profits from any

source, as a direct or indirect result of the crime or sentence, or

the notoriety which the crime or sentence has conferred upon the

defendant, shall forfeit the proceeds or profits as provided in this

Oklahoma Statutes - Title 22. Criminal Procedure Page 25

section; provided, however, proceeds or profits from a contract

relating to the depiction or discussion of the defendant's crime

shall not be subject to forfeiture unless an integral part of the

work is a depiction or discussion of the defendant's crime or an

impression of the defendant's thoughts, opinions, or emotions

regarding the crime. All parties to a contract described in this

section are required to pay to the district court wherein the

criminal charges were filed any proceeds or thing of value which

pursuant to the contract is to be paid to the defendant or to

another person or entity. The district court shall make deposit of

proceeds received pursuant to this section and direct the county

treasurer to make the deposit of those funds in an escrow account

for the benefit of and payable to victims of the crime or the legal

representative of any victim of the crime committed by the defendant

or to repay a public defender office for legal representation during

a criminal proceeding. There is hereby created a lien upon any sum

of money or other thing of value payable to anyone pursuant to any

contract described in this section, for the purpose of enforcing the

forfeiture obligation established herein, which lien may be

foreclosed in the same manner as statutory tax liens created by

Oklahoma law. Any person who contracts without fully providing for

such forfeiture in compliance with the provisions of this section

shall be guilty of a Class C2 felony offense and, upon conviction,

shall be punished by a fine of not less than Ten Thousand Dollars

($10,000.00) and not to exceed three times the value of the proceeds

of the contract, or by imprisonment as provided for in subsections B

through F of Section 20M of Title 21 of the Oklahoma Statutes, or

both such fine and imprisonment.

B. Payments from the escrow account shall be used, in the

following order of priority, to satisfy any judgment rendered in

favor of a victim or a victim's legal representative, to pay

restitution, fines, court costs, and other payments, reparations or

reimbursements ordered by the court at the time of sentencing

including repayments to a public defender office for legal

representation of the defendant and to pay every cost and expense of

incarceration and treatment authorized by law as a cost of the

defendant.

C. A victim or the legal representative of a victim must file a

civil action, in a court of competent jurisdiction, to recover money

against the defendant or the defendant's legal representative within

seven (7) years of the filing of the criminal charges against the

defendant. The victims and the legal representative of a victim of

the crime shall have a priority interest in any proceeds or profits

received pursuant to the provisions of this section. If no victim

or legal representative of a victim has filed a civil suit within

seven (7) years from the filing of the criminal charges against the

Oklahoma Statutes - Title 22. Criminal Procedure Page 26

defendant, any money in the escrow account shall be paid over in the

following order of priority:

1. For restitution;

2. For any fine and court costs;

3. For other payments ordered in the sentence;

4. For the costs and expenses of incarceration; and

any remaining money to the Victims' Compensation Revolving Fund.

Upon disposition of charges favorable to the defendant, any money in

the escrow account shall be paid over to the defendant.

D. The district court wherein the criminal charges were filed

shall, once every six (6) months for seven (7) years from the date

any money is deposited with the court, publish a notice in at least

one (1) newspaper of general circulation in each county of the state

in accordance with the provisions on publication of notices found in

Sections 101 et seq. of Title 25 of the Oklahoma Statutes, notifying

any eligible victim or legal representative of an eligible victim

that monies are available to satisfy judgments pursuant to this

section.
Okla. Stat. tit. 22, § 22-37 — OK Code / Title 22 / Section 22-37
Distinctive uniforms for police officers - Exceptions
Status: in_force

The governing bodies of the state, county, city or town, as the

case may be, may furnish distinctive uniforms for all sheriffs,

deputy sheriffs, policemen, town marshals, peace officers and other

officers, whose duty is to preserve and enforce public peace. When

uniforms are furnished the sheriffs, deputy sheriffs, policemen,

town marshals, peace officers, as the case might be, they are

required to wear the same while on duty. This act shall not apply

to detectives and other officers required to wear street apparel.

Oklahoma Statutes - Title 22. Criminal Procedure Page 50
Okla. Stat. tit. 22, § 22-1110 — OK Code / Title 22 / Section 22-1110
Jumping bail - Penalties
Status: in_force

Whoever, having been admitted to bail or released on

recognizance, bond, or undertaking for appearance before any

magistrate or court of the State of Oklahoma, incurs a forfeiture of

the bail or violates such undertaking or recognizance and willfully

fails to surrender himself within five (5) days following the date

of such forfeiture shall, if the bail was given or undertaking or

recognizance extended in connection with a charge of felony or

pending appeal or certiorari after conviction of any such offense,

be guilty of a Class D3 felony offense and shall be fined not more

than One Thousand Dollars ($1,000.00), or imprisoned as provided for

in subsections B through F of Section 20P of Title 21 of the

Oklahoma Statutes, or both. Nothing in this section shall be

construed to interfere with or prevent the exercise by any court of

its power to punish for contempt.
Okla. Stat. tit. 22, § 22-305.5 — OK Code / Title 22 / Section 22-305.5
Information - Release or disclosure - Confidentiality - Admissibility as evidence -
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 5Admissibility as evidence - Violations - Penalties.

Oklahoma Statutes - Title 22. Criminal Procedure Page 154

A. Information received and collected by any service agency

while the accused participates in a deferred prosecution program

shall not be released to any agency or individual that will use the

information for dissemination to the general public or be recorded

in a computer system that has the potential for connection with

national computer files, or be used by a law enforcement agency for

the purposes of surveillance and investigation. The provisions of

this subsection shall apply only with respect to information

received and collected by any service agency pursuant to deferred

prosecution agreements entered into by the parties relating to

crimes committed prior to the effective date of this act, unless

such information is otherwise deemed confidential by law.

B. Any information obtained in the course of investigating the

suitability of the accused for inclusion in a deferred prosecution

program shall remain confidential except for purposes of deferred

prosecution programs and shall not be released by any individual or

agency without permission from the accused, being advised by

counsel. The provisions of this subsection shall apply only to

agreements entered into by the parties relating to crimes committed

prior to July 1, 2000, unless such information is otherwise deemed

confidential by law.

C. If the deferred prosecution program is terminated before

successful completion of the agreement, no information obtained as a

result of the participation of the accused in the deferred

prosecution program shall be admissible in any subsequent proceeding

to the disadvantage of the accused, except if the information could

have been routinely gathered in the police investigation of the

crime of the accused.

D. 1. On and after the effective date of this act, any person

releasing any information required by this section to be kept

confidential shall be guilty of a misdemeanor, and shall, upon

conviction, be fined not more than One Thousand Dollars ($1,000.00)

or be imprisoned for not more than six (6) months, or both.

2. Prior to the effective date of this act, any person

releasing any information required by this section to be kept

confidential shall be guilty of a misdemeanor, and shall, upon

conviction, be fined not more than One Thousand Dollars ($1,000.00)

or be imprisoned for not more than six (6) months, or both.

E. The provisions of this subsection apply only to records

within the care and custody of the district attorney.
Okla. Stat. tit. 22, § 22-717 — OK Code / Title 22 / Section 22-717
Disobeying defendant's subpoena - Forfeiture
Status: in_force

A witness disobeying a subpoena issued on the part of the

defendant, also forfeits to the defendant the sum of Fifty Dollars

($50.00), which may be recovered in a civil action.
Okla. Stat. tit. 22, § 22-1305 — OK Code / Title 22 / Section 22-1305
Certificate of magistrate after hearing
Status: in_force

After hearing the proofs the magistrate must certify upon the

depositions, either that there is or is not sufficient cause to

believe the corporation guilty of the offense charged, and must

return the depositions and certificate in the same manner prescribed

in the last section of the article (Section 5692 on preliminary

examinations).
Okla. Stat. tit. 22, § 22-1141.29 — OK Code / Title 22 / Section 22-1141.29
Partial invalidity
Status: in_force

If any provision of this act or the application thereof to any

person or circumstances is held invalid, such invalidity shall not

affect other provisions or applications of the act which can be

given effect without the invalid provision or application, and to

this end the provisions of this act are declared to be severable.
Okla. Stat. tit. 22, § 22-1602 — OK Code / Title 22 / Section 22-1602
Domestic Violence Fatality Review Board - Administrative assistance from Office of the
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 22assistance from Office of the Attorney General.

A. The Domestic Violence Fatality Review Board shall be

composed of twenty-one (21) members, or their designees, as follows:

1. Nine of the members shall be:

a. the Chief Medical Examiner,

b. a designee of the Attorney General. The designee

shall be a person assigned to the Victims Services

Unit of the Office of the Attorney General,

c. the State Commissioner of Health,

d. the Chief of Injury Prevention Services of the State

Department of Health,

e. the Director of the Department of Human Services,

f. the Director of the Oklahoma State Bureau of

Investigation,

g. the Commissioner of the Department of Mental Health

and Substance Abuse Services,

h. the Executive Director of the Office of Juvenile

Affairs, and

i. a designee of the Director of the Department of

Corrections. The designee shall be a person with a

minimum of five (5) years of experience in corrections

and who is currently assigned to the Community

Outreach, Programs, or Population Units of the

Department of Corrections; and

2. Twelve of the members shall be appointed by the Attorney

General, shall serve for terms of two (2) years and shall be

eligible for reappointment. The members shall be persons having

training and experience in matters related to domestic violence.

The appointed members shall include:

a. a county sheriff selected from a list of three names

submitted by the executive board of the Oklahoma

Sheriffs' Association,

b. a chief of a municipal police department selected from

a list of three names submitted by the Oklahoma

Association of Chiefs of Police,

c. an attorney licensed in this state who is in private

practice selected from a list of three names submitted

by the Board of Governors of the Oklahoma Bar

Association,

d. a district attorney selected from a list of three

names submitted by the District Attorneys Council,

e. a physician selected from a list of three names

submitted by the Oklahoma State Medical Association,

f. a physician selected from a list of three names

submitted by the Oklahoma Osteopathic Association,

Oklahoma Statutes - Title 22. Criminal Procedure Page 565

g. a nurse selected from a list of three names submitted

by the Oklahoma Nurses Association,

h. two individuals, at least one of whom shall be a

survivor of domestic violence, selected from

recommendations submitted by certified domestic

violence programs in Oklahoma,

i. a member of the Judiciary selected from a list of

three names submitted by the Oklahoma Supreme Court,

and

j. two individuals, at least one of whom shall be an

American Indian survivor of domestic violence,

selected from a list of three names submitted by the

Native Alliance Against Violence, Oklahoma's tribal

coalition against domestic violence and sexual

assault.

B. Every two (2) years the Board shall elect from among its

membership a chair and a vice-chair. The Board shall meet at least

quarterly and may meet more frequently as necessary as determined by

the chair. Members shall serve without compensation but may be

reimbursed for necessary travel out of funds available to the Office

of the Attorney General pursuant to the State Travel Reimbursement

Act; provided, that the reimbursement shall be paid in the case of

state employee members by the agency employing the member.

C. With funds appropriated or otherwise available for that

purpose, the Office of the Attorney General shall provide

administrative assistance and services to the Domestic Violence

Fatality Review Board.
Okla. Stat. tit. 22, § 22-1195 — OK Code / Title 22 / Section 22-1195
Suspension from office - Time for trial - Change of judge
Status: in_force

or venue - Continuances - Filling vacancy temporarily - Voluntary

suspension of county officers.

(1) When the complaint for removal is filed, if, in addition to

the matter charged as ground for removal, the complaint shall also

pray that the officer charged be suspended from office pending the

investigation, the judge of the court may, if sufficient cause

appear from the charge or from the testimony, or affidavits then

presented, order the suspension of the accused from the functions of

his office until the determination of the matter. If the order of

suspension be made and the court be then in session, the accused

shall be entitled to a trial within ten (10) days, if he demands it.

If the court be not in session, then the accused shall be entitled

Oklahoma Statutes - Title 22. Criminal Procedure Page 474

to a trial on the first day of the next term. The accused shall

have the right to change of judge, or to a change of venue, on

application to the court, or to the judge if the court be not in

session, on making the showing required to change the venue in a

criminal case, and if the application be allowed the matter shall be

sent for trial to the nearest adjoining county, and in which the

objections stated as ground of change do not exist, and trial shall

be there had at the earliest possible date. But one such change

shall be allowed. The accused shall be entitled to continuance, as

in other cases. If the accused be not suspended from his office,

then the complainant may have a continuance, as in other criminal

cases. If a suspension take place, the board of county

commissioners may temporarily fill the office by appointment, but if

the officer suspended be a county commissioner, then the vacancy

shall be filled by temporary appointment made by the Governor.

(2) A county officer, other than a county commissioner, against

whom a complaint for removal has been filed, may voluntarily suspend

himself from office by filing an election of suspension at any time

after such complaint has been filed with the board of county

commissioners, which board shall temporarily fill the office by

appointment. If the officer be a county commissioner, then such

filing shall be made with the Governor of the State of Oklahoma, who

shall temporarily fill the office by appointment. If upon trial

such officer is found guilty, such temporary appointment shall

remain in effect until a successor is duly qualified as provided by

law, but if such officer is acquitted, such temporary appointment

shall expire at that time, and the person so acquitted shall

immediately resume his office.Oklahoma Statutes - Title 22. Criminal Procedure Page 19
Okla. Stat. tit. 22, § 22-8 — OK Code / Title 22 / Section 22-8
Application of statutes
Status: in_force

This chapter applies to criminal actions and to all other

proceedings in criminal cases which are herein provided for.
Okla. Stat. tit. 22, § 22-232 — OK Code / Title 22 / Section 22-232
Form of cost bond
Status: in_force

The bond may be substantially in the following form:

State of Oklahoma, against (naming the defendant). I, (naming

Oklahoma Statutes - Title 22. Criminal Procedure Page 141

to pay all costs in this cause if the defendant is acquitted. Signed

The surety must qualify before the bond is approved.
Okla. Stat. tit. 22, § 22-981 — OK Code / Title 22 / Section 22-981
Authority of officer while conveying prisoner - Assistance
Status: in_force

of citizens - Penalty for refusing assistance.

The sheriff or his deputy while conveying the defendant to the

proper prison in execution of a judgment of imprisonment has the

same authority to require the assistance of any citizen of this

state in securing the defendant and in retaking him if he escape, as

if the sheriff were in his own county, and every person who refuses

or neglects to assist the sheriff, when so required, is punishable

as if the sheriff were in his own county.