Okla. Stat. tit. 22, § 22-751 — OK Code / Title 22 / Section 22-751
Admission of findings - Laboratory and medical examiner's
Status: in_force

reports - Release of controlled dangerous substances - Compelled

attendance in court of report preparers.

A. At any hearing prior to trial or at a forfeiture hearing:

1. A report of the findings of the laboratory of the Oklahoma

State Bureau of Investigation, the Federal Bureau of Investigation

or the Drug Enforcement Administration;

2. The report of investigation or autopsy report of the medical

examiner;

3. A laboratory report from a forensic laboratory operated by

this state or any political subdivision thereof, or from a

laboratory performing analysis at the request of a forensic

laboratory operated by this state or any political subdivision

thereof;

4. A report from the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control or the electronic methamphetamine precursor

tracking service provider as set forth in the Uniform Controlled

Dangerous Substances Act as to the existence or status of any

license or permit to sell, transfer, or possess precursor substances

or any report containing data collected and required to be

Oklahoma Statutes - Title 22. Criminal Procedure Page 233

transmitted by a registrant to the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control Central Repository pursuant to

the provisions of the Anti-Drug Diversion Act as set forth under the

Uniform Controlled Dangerous Substances Act; or

5. A report from the Department of Public Safety as to the

handling and storage of evidence, which has been made available to

the accused by the office of the district attorney at least five (5)

days prior to the hearing, with reference to all or any part of the

evidence submitted, when certified as correct by the persons making

the report shall be received as evidence of the facts and findings

stated, if relevant and otherwise admissible in evidence. If a

report is deemed relevant by the state or the accused, the court

shall admit the report without the testimony of the person making

the report, unless the court, pursuant to subsection C of this

section, orders the person making the report to appear. If the

accused is not served with a report, by the district attorney,

within five (5) days prior to a hearing, the accused may be allowed

a continuance of the portion of the hearing to which the report is

relevant, to allow at least five (5) days' preparation subsequent to

the district attorney's furnishing of the report.

B. When any alleged controlled dangerous substance has been

submitted to the laboratory of the Bureau for analysis, and such

analysis shows that the submitted material is a controlled dangerous

substance, the distribution of which constitutes a felony under the

laws of this state, no portion of such substance shall be released

to any other person or laboratory without an order of a district

court. The defendant shall additionally be required to submit to

the court a procedure for transfer and analysis of the subject

material to ensure the integrity of the sample and to prevent the

material from being used in any illegal manner.

C. For purposes of the medical examiner's report of

investigation or autopsy report, or a laboratory report from a

forensic laboratory operated by the State of Oklahoma or any

political subdivision thereof or a report from the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control as to the existence

or status of any license or permit to sell, transfer, or possess

precursor substances:

1. The court, upon motion of the state or the accused, shall

order the attendance of any person preparing a report submitted as

evidence in any hearing prior to trial or forfeiture hearing, when

it appears there is a substantial likelihood that material evidence

not contained in such report may be produced by the testimony of the

person having prepared the report;

2. The motion shall be filed and notice of the hearing on the

motion to order the attendance of the Chief Medical Examiner, aOklahoma Statutes - Title 22. Criminal Procedure Page 11eparing a report submitted as

evidence in any hearing prior to trial or forfeiture hearing, when

it appears there is a substantial likelihood that material evidence

not contained in such report may be produced by the testimony of the

person having prepared the report;

2. The motion shall be filed and notice of the hearing on the

motion to order the attendance of the Chief Medical Examiner, a

medical examiner, consultant pathologist, or anyone under their

supervision or control shall be given to the medical examiner's

Oklahoma Statutes - Title 22. Criminal Procedure Page 234

office. The hearing shall be held and, if sustained, an order

issued not less than five (5) days prior to the time when the

testimony shall be required; and

3. If within five (5) days prior to the hearing or during a

hearing a motion is made pursuant to this subsection requiring a

person having prepared a report to testify, the court may hear a

report or other evidence but shall continue the hearing until such

time notice of the motion and hearing is given to the medical

examiner's office, the motion is heard, and, if sustained, testimony

ordered can be given.
Okla. Stat. tit. 22, § 22-983 — OK Code / Title 22 / Section 22-983
See the following versions:
Status: in_force

OS 22-983v1 (SB 689, Laws 2018, c. 128, § 2).

OS 22-983v2 (SB 623, Laws 2023, c. 310, § 3).

OS 22-983v3 (HB 3546, Laws 2024, c. 211, § 2).
Okla. Stat. tit. 22, § 22-305.2 — OK Code / Title 22 / Section 22-305.2
District attorney deferred prosecution
Status: in_force

A. If an accused qualifies for the deferred prosecution

program, the accused and the State of Oklahoma, through the district

attorney, may execute an agreement whereby the accused agrees to

waive any rights to a speedy accusation, a speedy trial, and any

statute of limitations, and agrees to fulfill such conditions to

which the accused and the State of Oklahoma may agree including, but

not limited to, restitution and community services.

B. The accused, as consideration for entering into a deferred

prosecution agreement, consents and agrees to a full and complete

photographic record of property which was to be used as evidence.

The photographic record shall be competent evidence of the property

and admissible in any criminal action or proceeding as the best

evidence.

C. Property shall be returned to its owner only after the

photographic record is made subject to the following conditions:

1. Property, except that which is prohibited by law, shall be

returned to its owner after proper verification of title;

2. The return of property to the owner shall be without

prejudice to the state or to any person who may have a claim against

the property; and

3. When property is returned, the recipient shall sign, under

penalty of perjury, a declaration of ownership which shall be

retained by the police department or sheriff's office.

D. As additional consideration for the agreement, the State of

Oklahoma shall agree not to file an information if the accused

satisfactorily completes the conditions of the agreement.

E. The agreement between the accused and the State of Oklahoma

may include provisions whereby the accused agrees to be supervised

in the community. If the accused is required to be supervised

pursuant to the terms of the agreement, the person shall be required

to pay a supervision fee to be established by the supervisory

agency. The supervision fee shall be paid to the supervisory agency

as required by the rules of the supervisory agency. The supervisory

agency shall monitor the person for compliance with the conditions

of the agreement. The supervisory agency shall report to the

district attorney on the progress of the accused, and shall report

immediately if the accused fails to report or participate as

required by the agreement.

F. The agreement between the parties may require the accused to

participate or consult with local service providers, including the

Department of Human Services, the Department of Mental Health and

Substance Abuse Services, the Employment Security Commission,

Oklahoma Statutes - Title 22. Criminal Procedure Page 152

federal services agencies, other state or local agencies, colleges,

universities, technology center schools, and private or charitable

service organizations. When the accused is required to participate

or consult with any service provider, a program fee may be required

unless the fee would impose an unnecessary hardship on the person.

The program fee shall be established by the service provider based

upon a sliding scale. Any state agency called upon for assistance

in a deferred prosecution program by any district attorney shall

render services and assistance as available. Any supervision fee or

program fee authorized by this section may be waived in whole or in

part when the accused is indigent. No person who is otherwise

qualified for a deferred prosecution program shall be denied

services or supervision based solely on the person's inability to

pay a fee or fees.

G. The agreement between the parties may require the accused to

pay a victim compensation assessment pursuant to the provisions of

Section 142.18 of Title 21 of the Oklahoma Statutes. The amount of

the assessment shall be agreed to by the parties and shall be within

the amounts specified in Section 142.18 of Title 21 of the Oklahoma

Statutes for the offense charged.

H. Any deferred prosecution agreement including, but not

limited to, any fee, sliding scale fee, compensation, contract,

assessment, or other financial agreement charged or waived by the

accused or the State of Oklahoma shall be a record open to the

public.

I. 1. On or after the effective date of this act, each office

of the district attorney shall, upon request and within a reasonable

time, provide the name and other identifying information of an

accused entering into a deferred prosecution agreement.

2. A deferred prosecution agreement entered into prior to the

effective date of this act shall not be a record open to the public,

unless confidentiality was waived as a condition of the agreement.

J. District attorneys shall be authorized to create restorative

justice programs for nonviolent offenders who qualify for a deferred

prosecution agreement pursuant to the provisions contained in

Sections 305.1 through 305.6 of this title and Section 2 of this

act.
Okla. Stat. tit. 22, § 22-1115.2B — OK Code / Title 22 / Section 22-1115.2B
Posting bail after release on personal recognizance
Status: in_force

for traffic violation – Failure to appear – Person ineligible for

release on personal recognizance - Juveniles.

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

upon personal recognizance as provided for in Section 1 of this act,

but subsequently posts bail and thereafter fails to timely appear as

provided for by law, the court may issue a warrant for the arrest of

the person and the case shall be processed as follows:

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

1108 of Title 22 of the Oklahoma Statutes;

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

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

Statutes; or

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

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

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

recognizance as provided for in Section 1 of this act, or if

eligible but refuses to acknowledge a written promise to appear, as

evidenced by the electronic signature of the person, the officer

shall deliver the person to an appropriate magistrate for

arraignment and the magistrate shall proceed as otherwise provided

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

1. Placed in the custody of the appropriate municipal or county

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

bail is posted as provided for in Section 1115.4 of Title 22 of the

Oklahoma Statutes;

2. Released upon personal recognizance by the arresting officer

as provided in subsection A of Section 1 of this act; or

3. Processed as otherwise provided for by law or ordinance.

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

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

but shall be incarcerated separately from any adult offender.

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

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

section,

Oklahoma Statutes - Title 22. Criminal Procedure Page 429

b. place any other traffic offender into custody:

(1) who is injured, disabled, or otherwise

incapacitated,

(2) if custodial arrest may require impoundment of a

vehicle containing livestock, perishable cargo,

or items requiring special maintenance or care,

or

(3) if extraordinary circumstances exist, which, in

the judgment of the arresting officer, custodial

arrest should not be made.

In such cases, the arresting officer may record the date and time on

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

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

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

court may issue a warrant for the arrest of the person.

2. The provisions of this subsection shall not be construed

to:

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

a person from custody,

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

inquiry or investigation relating to any condition

which may justify release under this subsection, or

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

any political subdivision thereof, arising from the

decision to release or not to release such person from

custody pursuant to the provisions of this subsection.Oklahoma Statutes - Title 22. Criminal Procedure Page 17
Okla. Stat. tit. 22, § 22-40 — OK Code / Title 22 / Section 22-40
See the following versions:
Status: in_force

OS 22-40v1 (HB 3936, Laws 2024, c. 59, § 34).

OS 22-40v2 (HB 3450, Laws 2024, c. 151, § 8).
Okla. Stat. tit. 22, § 22-1228 — OK Code / Title 22 / Section 22-1228
Execution of search warrant without warning or notice –
Status: in_force

Forced entry – Exigent circumstances.

A peace officer may break open an outer or inner door or window

of a house, or any part of the house, or anything therein, to

execute the warrant when:

1. The officer has been refused admittance after having first

given notice of his authority and purpose; or

2. Pursuant to an instruction inserted in the search warrant by

the magistrate that no warning or other notice of entry is necessary

because there is reasonable cause to believe that exigent

circumstances exist. Exigent circumstances include:

a. such warning or other notice would pose a significant

danger to human life,

b. such warning or other notice would allow the possible

destruction of evidence,

c. such warning or other notice would give rise to the

possibility of resistance or escape,

d. such warning or other notice would otherwise inhibit

the effective investigation of the crime, or

e. such warning or other notice would be futile or a

useless gesture.
Okla. Stat. tit. 22, § 22-923 — OK Code / Title 22 / Section 22-923
Defendant discharged on acquittal - Variance resulting in
Status: in_force

acquittal may authorize new charges.

If a judgment of acquittal is given on a general verdict, and

the defendant is not detained for any other legal cause, he must be

discharged as soon as judgment is given, except that when the

acquittal is for a variance between the proof and the indictment or

information which may be obviated by a new indictment or information

the court may order his detention to the end that a new indictment

or information may be preferred in the same manner and with like

effect as provided in cases where the jury is discharged.Oklahoma Statutes - Title 22. Criminal Procedure Page 12
Okla. Stat. tit. 22, § 22-510 — OK Code / Title 22 / Section 22-510
Proceedings if case resubmitted
Status: in_force

If the court direct that the case be further prosecuted, the

same proceedings must be had thereon as are prescribed in this

article.
Okla. Stat. tit. 22, § 22-521 — OK Code / Title 22 / Section 22-521
Acquittal, what constitutes
Status: in_force

When, however, he was acquitted on the merits, he is deemed

acquitted of the same offense, notwithstanding a defect in form or

substance in the indictment or information on which he was

acquitted.
Okla. Stat. tit. 22, § 22-991b — OK Code / Title 22 / Section 22-991b
Revocation of suspended sentence – Intermediate sanction
Status: in_force

process – Technical violations.

A. Whenever a sentence has been suspended by the court after

conviction of a person for any crime, the suspended sentence of the

person may not be revoked, in whole or part, for any cause unless a

Oklahoma Statutes - Title 22. Criminal Procedure Page 329

petition setting forth the grounds for such revocation is filed by

the district attorney with the clerk of the sentencing court and

competent evidence justifying the revocation of the suspended

sentence is presented to the court at a hearing to be held for that

purpose within twenty (20) days after the entry of the plea of not

guilty to the petition, unless waived by both the state and the

defendant. The State of Oklahoma may dismiss the petition without

prejudice one time upon good cause shown to the court, provided that

any successor petition must be filed within forty-five (45) days of

the date of the dismissal of the petition.

B. Whenever a sentence has been suspended by the court after

conviction of a person for any crime, the suspended sentence of the

person may not be revoked in whole for a technical violation unless

a petition setting forth the grounds for such revocation is filed by

the district attorney with the clerk of the sentencing court and

competent evidence justifying the revocation of the suspended

sentence is presented to the court at a hearing to be held for that

purpose within twenty (20) days after the entry of the plea of not

guilty to the petition, unless waived by both the state and the

defendant. The State of Oklahoma may dismiss the petition without

prejudice one time upon good cause shown to the court; provided,

that any successor petition must be filed within forty-five (45)

days of the date of the dismissal of the petition. Any revocation

of a suspended sentence based on a technical violation shall not

exceed six (6) months for a first revocation and five (5) years for

a second or subsequent revocation.

C. "Technical violation" as used in this section means a

violation of the court-imposed rules and conditions of probation,

other than:

1. Committing or being arrested for a new crime;

2. Attempting to falsify a drug screen, or three or more failed

drug or alcohol screens within a three-month period;

3. Failing to pay restitution;

4. Tampering with an electronic monitoring device;

5. Failing to initially report or missing assigned reporting

requirements for an excess of sixty (60) days;

6. Unlawfully contacting a victim, codefendant or criminal

associates;

7. Five or more separate and distinct technical violations

within a ninety-day period; or

8. Any violation of the Specialized Sex Offender Rules.

D. 1. The Department of Corrections shall develop a matrix of

technical violations and sanctions to address violations committed

by persons who are being supervised by the Department. The

Department shall be authorized to use a violation response and

intermediate sanction process based on the sanction matrix to apply

to any technical violations of probationers. Within four (4)

Oklahoma Statutes - Title 22. Criminal Procedure Page 330

working days of the discovery of the violation, the probation

officer shall initiate the violation response and intermediate

sanction process. The sentencing judge may authorize any

recommended sanctions, which may include, but are not limited to:

short-term jail or lockup, day treatment, program attendance,

community service, outpatient or inpatient treatment, monetary

fines, curfews, ignition interlock devices on vehicles, or a one-

time referral to a term of confinement of six (6) months in an

intermediate revocation facility operated by the Department of

Corrections; provided, upon approval of the district attorney, a

person may be sanctioned to serve additional terms of confinement in

an intermediate revocation facility. The probation officer shall

complete a sanction form, which shall specify the technical

violation, sanction, and the action plan to correct the noncompliant

behavior resulting in the technical violation. The probation

officer shall refer to the sanctioning matrix to determine the

supervision, treatment, and sanctions appropriate to address the

noncompliant behavior. The probation officer shall refer the

violation information and recommended response with a sanction plan

to the Department of Corrections to be heard by a hearing officer.

The Department of Corrections shall develop a sanction matrix,

forms, policies and procedures necessary to implement this

provision. The Department of Corrections shall establish procedures

to hear responses to technical violations and review sanction plans

including the following:

a. hearing officers shall report through a chain of

command separate from that of the supervising

probation officers,

b. the Department shall provide the offender written

notice of the violation, the evidence relied upon, and

the reason the sanction was imposed,

c. the hearing shall be held unless the offender waives

the right to the hearing,

d. hearings shall be electronically recorded, and

e. the Department shall provide to judges and district

attorneys a record of all violations and actions taken

pursuant to this subsection.

2. The hearing officer shall determine based on a preponderance

of the evidence whether a technical violation occurred. Upon a

finding that a technical violation occurred, the hearing officer may

order the offender to participate in the recommended sanction plan

or may modify the plan. Offenders who accept the sanction plan

shall sign a violation response sanction form, and the hearing

officer shall then impose the sanction. Failure of the offender to

comply with the imposed sanction plan shall constitute a violation

of the rules and conditions of supervision that may result in a

revocation proceeding. If an offender does not voluntarily accept

Oklahoma Statutes - Title 22. Criminal Procedure Page 331

the recommended sanction plan, the Department shall either impose

the sanction and allow the offender to appeal to the district court,

or request a revocation proceeding as provided by law. Every

administrative hearing and sanction imposed by the Department shall

be appealable to the district court.

3. Absent a finding of willful nonpayment by the offender, the

failure of an offender to pay fines and costs may not serve as a

basis for revocation, excluding restitution.

E. 1. Where one of the grounds for revocation is the failure

of the defendant to make restitution as ordered, the Department of

Corrections shall forward to the district attorney all information

pertaining to the failure of the defendant to make timely

restitution as ordered by the court, and the district attorney shall

file a petition setting forth the grounds for revocation.

2. The defendant ordered to make restitution can petition the

court at any time for remission or a change in the terms of the

order of restitution if the defendant undergoes a change of

condition which materially affects the ability of the defendant to

comply with the order of the court.

3. At the hearing, if one of the grounds for the petition for

revocation is the failure of the defendant to make timely

restitution as ordered by the court, the court will hear evidence

and if it appears to the satisfaction of the court from such

evidence that the terms of the order of restitution create a

manifest hardship on the defendant or the immediate family of the

defendant, the court may cancel all or any part of the amount still

due, or modify the terms or method of payment; provided, however,

the court shall continue to prioritize an order for payments of

restitution to the victim. Provided, if the court determines that a

reduction in the restitution still due is warranted, the court shall

equally apply the same percentage reduction to any court-ordered

monetary obligation owed by the defendant including, but not limited

to, fines, court costs and costs of incarceration.

F. The court may revoke a portion of the sentence and leave the

remaining part not revoked, but suspended for the remainder of the

term of the sentence, and under the provisions applying to it. The

person whose suspended sentence is being considered for revocation

at the hearing shall have the right to be represented by counsel, to

present competent evidence in his or her own behalf and to be

confronted by the witnesses against the defendant. Any order of the

court revoking the suspended sentence, in whole or in part, shall be

subject to review on appeal, as in other appeals of criminal cases.

Provided, however, that if the crime for which the suspended

sentence is given was a felony, the defendant may be allowed bail

pending appeal. If the reason for revocation be that the defendant

committed a felony, the defendant shall not be allowed bail pending

appeal.

Oklahoma Statutes - Title 22. Criminal Procedure Page 332

G. Notwithstanding the provisions of subsections A and B of

this section, when the suspended sentence of a person is being

considered for revocation for an offense where the penalty has

subsequently been lowered to a misdemeanor, the sentence shall be

modified to a term that does not exceed the current maximum

sentence.
Okla. Stat. tit. 22, § 22-991d — OK Code / Title 22 / Section 22-991d
Supervision fee
Status: in_force

A. 1. When the court orders supervision by the Department of

Corrections, or the district attorney requires the Department to

supervise any person pursuant to a deferred prosecution agreement,

the person shall be required to pay a supervision fee of Forty

Dollars ($40.00) per month during the supervision period, unless the

fee would impose an unnecessary hardship on the person. In hardship

cases, the Department shall expressly waive all or part of the fee.

The court shall make payment of the fee a condition of the sentence

which shall be imposed whether the supervision is incident to the

suspending of execution of a sentence, incident to the suspending of

imposition of a sentence, or incident to the deferral of proceedings

after a verdict or plea of guilty. The Department shall determine

methods for payment of supervision fee, and may charge a reasonable

user fee for collection of supervision fees electronically. The

Department is required to report to the sentencing court any failure

Oklahoma Statutes - Title 22. Criminal Procedure Page 338

of the person to pay supervision fees and to report immediately if

the person violates any condition of the sentence.

2. When the court imposes a suspended or deferred sentence for

any offense and does not order supervision by the Department of

Corrections, the offender shall be required to pay to the district

attorney a supervision fee of Forty Dollars ($40.00) per month as a

fee to compensate the district attorney for the actual act of

supervising the offender during the applicable period of

supervision. In hardship cases, the district attorney shall

expressly waive all or part of the fee. Any fees collected by the

district attorney pursuant to this paragraph shall be deposited in

the General Revenue Fund of the State Treasury.

3. If restitution is ordered by the court in conjunction with

supervision, the supervision fee will be paid in addition to the

restitution ordered. In addition to the restitution payment and

supervision fee, a reasonable user fee may be charged by the

Department of Corrections to cover the expenses of administration of

the restitution, except no user fee shall be collected by the

Department when restitution payment is collected and disbursed to

the victim by the office of the district attorney as provided in

Section 991f of this title or Section 991f-1.1 of this title.

B. The Pardon and Parole Board shall require a supervision fee

to be paid by the parolee as a condition of parole which shall be

paid to the Department of Corrections. The Department shall

determine the amount of the fee as provided for other persons under

supervision by the Department.

C. Upon acceptance of an offender by the Department of

Corrections whose probation or parole supervision was transferred to

Oklahoma through the Interstate Compact Agreement, or upon the

assignment of an inmate to any community placement, a fee shall be

required to be paid by the offender to the Department of Corrections

as provided for other persons under supervision of the Department.

D. Except as provided in subsection A and this subsection, all

fees collected pursuant to this section shall be deposited in the

Department of Corrections Revolving Fund created pursuant to Section

557 of Title 57 of the Oklahoma Statutes. For the fiscal year

ending June 30, 1996, fifty percent (50%) of all collections

received from offenders placed on supervision after July 1, 1995,

shall be transferred to the credit of the General Revenue Fund of

the State Treasury until such time as total transfers equal Three

Million Three Hundred Thousand Dollars ($3,300,000.00).
Okla. Stat. tit. 22, § 22-221 — OK Code / Title 22 / Section 22-221
Authority of officers of another state
Status: in_force

Any member of a duly organized state, county, or municipal peace

unit of another state of the United States who enters this state in

fresh pursuit, and continues within this state in such fresh

pursuit, of a person in order to arrest him on the ground that he is

believed to have committed a felony in such other state, shall have

the same authority to arrest and hold such person in custody, as has

any member of any duly organized state, county or municipal peace

unit of this state, to arrest and hold in custody a person on the

ground that he is believed to have committed a felony in this state.
Okla. Stat. tit. 22, § 22-639 — OK Code / Title 22 / Section 22-639
Bias of officer, challenge for
Status: in_force

When the panel is formed from persons whose names are not drawn

as jurors, a challenge may be taken to the panel on account of any

bias of the officer who summoned them, which would be good ground of

challenge to a juror. Such challenge must be made in the same form,

and determined in the same manner as if made to a juror.
Okla. Stat. tit. 22, § 22-952 — OK Code / Title 22 / Section 22-952
Grounds for new trial - Affidavits and testimony
Status: in_force

A court in which a trial has been had upon an issue of fact has

power to grant a new trial when a verdict has been rendered against

a defendant by which his substantial rights have been prejudiced,

upon his application in the following cases only:

First. When the trial has been in his absence, if the charge is

for a felony.

Second. When the jury have received any evidence out of court,

other than that resulting from a view of the premises.

Oklahoma Statutes - Title 22. Criminal Procedure Page 260

Third. When the jury have separated without leave of the court,

after retiring to deliberate on their verdict, and before delivering

or sealing the same, if it be sealed, or have been guilty of any

misconduct by which a fair and due consideration of the case has

been prevented.

Fourth. When the verdict has been decided by lot, or by any

means other than a fair expression of opinion on the part of the

jury.

Fifth. When the court has misdirected the jury in a matter of

law, or has erred in the decision of any question of law arising

during the course of the trial.

Sixth. When the verdict is contrary to law or evidence.

Seventh. When new evidence is discovered, material to the

defendant, and which he could not with reasonable diligence have

discovered before the trial, or when it can be shown that the grand

jury was not drawn summoned or impaneled as provided by law, and

that the facts in relation thereto were unknown to the defendant or

his attorney until after the trial jury in the case was sworn and

were not of record. When a motion for a new trial is made on the

ground of newly discovered evidence, the defendant must produce at

the hearing in support thereof affidavits of witnesses, or he may

take testimony in support thereof as provided in Section 5781, and

if time is required by the defendant to procure such affidavits or

testimony, the court may postpone the hearing of the motion for such

length of time as under all the circumstances of the case may seem

reasonable. The application for a new trial on the ground that the

grand jury was not drawn summoned or impaneled as provided by law

may be shown in like manner.
Okla. Stat. tit. 22, § 22-225 — OK Code / Title 22 / Section 22-225
Fresh pursuit defined
Status: in_force

The term "fresh pursuit" as used in this act shall include fresh

pursuit as defined by the common law, and also the pursuit of a

person who has committed a felony or who is reasonably suspected of

having committed a felony. It shall also include the pursuit of a

person suspected of having committed a supposed felony, though no

felony has actually been committed, if there is a reasonable ground

for believing that felony has been committed. Fresh pursuit as used

herein shall not necessarily imply instant pursuit, but pursuit

without unreasonable delay.
Okla. Stat. tit. 22, § 22-191 — OK Code / Title 22 / Section 22-191
Restraint which is permissible
Status: in_force

The defendant is not to be subjected to any more restraint than

is necessary for his arrest and detention.
Okla. Stat. tit. 22, § 22-61 — OK Code / Title 22 / Section 22-61
Domestic violence court program
Status: in_force

A. Subject to the availability of funds, any district or

municipal court of record of this state may establish and maintain a

domestic violence court program pursuant to the provisions of this

section.

B. For purposes of this section, "domestic violence court"

means a specialized judicial process for domestic matters both civil

and criminal in nature that arise out of the same family or domestic

circumstance.

C. The presiding judge of a district or municipal court of

record may appoint an individual judge to preside over related

criminal, family and matrimonial matters that arise in the context

of domestic violence. Criminal domestic violence charges,

protective orders and any actions for divorce, separate maintenance,

guardianship, adoption or any other proceeding involving custody or

Oklahoma Statutes - Title 22. Criminal Procedure Page 111

visitation between the same parties may be presented to the domestic

violence court.

D. The Administrative Office of the Courts may promulgate

rules, procedures and forms necessary to implement a domestic

violence court to ensure statewide uniformity.
Okla. Stat. tit. 22, § 22-494 — OK Code / Title 22 / Section 22-494
Hearing on motion to set aside indictment or information
Status: in_force

To enable the defendant to make proof of the matter set up as

grounds for setting aside the indictment, or information, the

defendant may file his application before any court of record in the

county, setting out and alleging that he is being proceeded against

in a certain court, naming it, and setting out a copy of his motion

and alleging, all under oath, that he is acting in good faith, and

praying for an order to examine witnesses in support thereof. The

court shall thereupon issue subpoenas to compel any or all witnesses

desired to appear before him at the time named, and shall compel the

witnesses to testify fully in regard to the matter and reduce the

examination to writing, and certify to the same, and it may be used

to support the motion. The mover shall pay the costs of the

proceeding. He shall notify the district attorney at least two

clear days before he proceeds, of the time and place of taking such

testimony, and the district attorney may be present and cross-

examine the witnesses and if need be the case in the district court

must be adjourned for that purpose.

R.L. 1910, § 5781.
Okla. Stat. tit. 22, § 22-1001 — OK Code / Title 22 / Section 22-1001
Judgment of death - Warrant
Status: in_force

When judgment of death is rendered, the judge must sign and

deliver to the sheriff of the county a warrant duly attested by the

clerk, under the seal of the court, stating the conviction and

judgment and appointing a day on which the judgment is to be

executed, which must be not less than sixty (60) nor more than

ninety (90) days from the time of the judgment and must direct the

sheriff to deliver the defendant within ten (10) days from the time

of judgment to the warden of the state prison at McAlester, in this

state, for execution.
Okla. Stat. tit. 22, § 22-60.4v1 — OK Code / Title 22 / Section 22-60.4v1
Service of emergency ex parte order or emergency
Status: in_force

temporary order, petition for protective order and notice of hearing

- Full hearing - Final protective order.

A. 1. A copy of a petition for a protective order, any notice

of hearing and a copy of any emergency temporary order or emergency

ex parte order issued by the court shall be served upon the

defendant in the same manner as a bench warrant. In addition, if

the service is to be in another county, the court clerk may issue

service to the sheriff by facsimile or other electronic transmission

for service by the sheriff and receive the return of service from

the sheriff in the same manner. Any fee for service of a petition

for protective order, notice of hearing, and emergency ex parte

order shall only be charged pursuant to subsection C of Section 60.2

of this title and, if charged, shall be the same as the sheriff’s

service fee plus mileage expenses.

2. Emergency temporary orders, emergency ex parte orders and

notice of hearings shall be given priority for service and can be

served twenty-four (24) hours a day when the location of the

defendant is known, including service to the county jail if the

Oklahoma Statutes - Title 22. Criminal Procedure Page 70

defendant is currently in custody. The initial attempt at service

shall be made within twenty-four (24) hours of the issuance of the

order. When service cannot be made upon the defendant by the

sheriff, the sheriff may contact another law enforcement officer or

a private investigator or private process server to serve the

defendant.

3. An emergency temporary order, emergency ex parte order, a

petition for protective order, and a notice of hearing shall have

statewide validity and may be transferred to any law enforcement

jurisdiction to effect service upon the defendant. The sheriff may

transmit the document by electronic means.

4. The return of service shall be submitted to the sheriff’s

office or court clerk in the court where the petition, notice of

hearing or order was issued.

5. When the defendant is a minor child who is ordered removed

from the residence of the victim, in addition to those documents

served upon the defendant, a copy of the petition, notice of hearing

and a copy of any temporary order or ex parte order issued by the

court shall be delivered with the child to the caretaker of the

place where such child is taken pursuant to Section 2-2-101 of Title

10A of the Oklahoma Statutes.

B. 1. Within fourteen (14) days of the filing of the petition

for a protective order, the court shall schedule a full hearing on

the petition, if the court finds sufficient grounds within the scope

of the Protection from Domestic Abuse Act stated in the petition to

hold such a hearing, regardless of whether an emergency temporary

order or ex parte order has been previously issued, requested or

denied. Provided, however, when the defendant is a minor child who

has been removed from the residence pursuant to Section 2-2-101 of

Title 10A of the Oklahoma Statutes, the court shall schedule a full

hearing on the petition within seventy-two (72) hours, regardless of

whether an emergency temporary order or ex parte order has been

previously issued, requested or denied.

2. The court may schedule a full hearing on the petition for a

protective order within seventy-two (72) hours when the court issues

an emergency temporary order or ex parte order suspending child

visitation rights due to physical violence or threat of abuse.

3. If service has not been made on the defendant at the time of

the hearing, the court shall, at the request of the petitioner,

issue a new emergency order reflecting a new hearing date and direct

service to issue.

4. A petition for a protective order shall, upon the request of

the petitioner, renew every fourteen (14) days with a new hearing

date assigned until the defendant is served. A petition for a

protective order shall not expire unless the petitioner fails to

appear at the hearing or fails to request a new order. A petitioner

Oklahoma Statutes - Title 22. Criminal Procedure Page 71

may move to dismiss the petition and emergency or final order at any

time; however, a protective order must be dismissed by court order.

5. Failure to serve the defendant shall not be grounds for

dismissal of a petition or an ex parte order unless the victim

requests dismissal or fails to appear for the hearing thereon.

6. A final protective order shall be granted or denied within

six (6) months of service on the defendant unless all parties agree

that a temporary protective order remain in effect; provided, a

victim shall have the right to request a final protective order

hearing at any time after the passage of six (6) months.

C. 1. At the hearing, the court may impose any terms and

conditions in the protective order that the court reasonably

believes are necessary to bring about the cessation of domestic

abuse against the victim or stalking or harassment of the victim or

the immediate family of the victim but shall not impose any term and

condition that may compromise the safety of the victim including,

but not limited to, mediation, couples counseling, family

counseling, parenting classes or joint victim-offender counseling

sessions. The court may order the defendant to obtain domestic

abuse counseling or treatment in a program certified by the Attorney

General at the expense of the defendant pursuant to Section 644 of

Title 21 of the Oklahoma Statutes.

2. If the court grants a protective order and the defendant is

a minor child, the court shall order a preliminary inquiry in a

juvenile proceeding to determine whether further court action

pursuant to the Oklahoma Juvenile Code should be taken against a

juvenile defendant.

D. Final protective orders authorized by this section shall be

on a standard form developed by the Administrative Office of the

Courts.

E. 1. After notice and hearing, protective orders authorized

by this section may require the defendant to undergo treatment or

participate in the court-approved counseling services necessary to

bring about cessation of domestic abuse against the victim pursuant

to Section 644 of Title 21 of the Oklahoma Statutes but shall not

order any treatment or counseling that may compromise the safety of

the victim including, but not limited to, mediation, couples

counseling, family counseling, parenting classes or joint victim-

offender counseling sessions.

2. The defendant may be required to pay all or any part of the

cost of such treatment or counseling services. The court shall not

be responsible for such cost.

3. Should the plaintiff choose to undergo treatment or

participate in court-approved counseling services for victims of

domestic abuse, the court may order the defendant to pay all or any

part of the cost of such treatment or counseling services if the

court determines that payment by the defendant is appropriate.

Oklahoma Statutes - Title 22. Criminal Procedure Page 72

F. When necessary to protect the victim and when authorized by

the court, protective orders granted pursuant to the provisions of

this section may be served upon the defendant by a peace officer,

sheriff, constable, or policeman or other officer whose duty it is

to preserve the peace, as defined by Section 99 of Title 21 of the

Oklahoma Statutes.

G. 1. Any protective order issued on or after November 1,

2012, pursuant to subsection C of this section shall be:

a. for a fixed period not to exceed a period of five (5)

years unless extended, modified, vacated or rescinded

upon motion by either party or if the court approves

any consent agreement entered into by the plaintiff

and defendant; provided, if the defendant is

incarcerated, the protective order shall remain in

full force and effect during the period of

incarceration. The period of incarceration, in any

jurisdiction, shall not be included in the calculation

of the five-year time limitation, or

b. continuous upon a specific finding by the court of one

of the following:

(1) the person has a history of violating the orders

of any court or governmental entity,

(2) the person has previously been convicted of a

violent felony offense,

(3) the person has a previous felony conviction for

stalking as provided in Section 1173 of Title 21

of the Oklahoma Statutes,

(4) a court order for a final Victim Protection Order

has previously been issued against the person in

this state or another state, or

(5) the victim provides proof that a continuous

protective order is necessary for his or her

protection.

Further, the court may take into consideration whether the person

has a history of domestic violence or a history of other violent

acts. The protective order shall remain in effect until modified,

vacated or rescinded upon motion by either party or if the court

approves any consent agreement entered into by the plaintiff and

defendant. If the defendant is incarcerated, the protective order

shall remain in full force and effect during the period of

incarceration.

2. The court shall notify the parties at the time of the

issuance of the protective order of the duration of the protective

order.

3. Upon the filing of a motion by either party to modify,

extend, or vacate a protective order, a hearing shall be scheduled

Oklahoma Statutes - Title 22. Criminal Procedure Page 73

and notice given to the parties. At the hearing, the issuing court

may take such action as is necessary under the circumstances.

4. If a child has been removed from the residence of a parent

or custodial adult because of domestic abuse committed by the child,

the parent or custodial adult may refuse the return of such child to

the residence unless, upon further consideration by the court in a

juvenile proceeding, it is determined that the child is no longer a

threat and should be allowed to return to the residence.

H. 1. It shall be unlawful for any person to knowingly and

willfully seek a protective order against a spouse or ex-spouse

pursuant to the Protection from Domestic Abuse Act for purposes of

harassment, undue advantage, intimidation, or limitation of child

visitation rights in any divorce proceeding or separation action

without justifiable cause.

2. The violator shall, upon conviction thereof, be guilty of a

misdemeanor punishable by imprisonment in the county jail for a

period not exceeding one (1) year or by a fine not to exceed Five

Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

3. A second or subsequent conviction under this subsection

shall be a felony punishable by imprisonment in the custody of the

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

or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by

both such fine and imprisonment.

I. 1. A protective order issued under the Protection from

Domestic Abuse Act shall not in any manner affect title to real

property, purport to grant to the parties a divorce or otherwise

purport to determine the issues between the parties as to child

custody, visitation or visitation schedules, child support or

division of property or any other like relief obtainable pursuant to

Title 43 of the Oklahoma Statutes, except child visitation orders

may be temporarily suspended or modified to protect from threats of

abuse or physical violence by the defendant or a threat to violate a

custody order. Orders not affecting title may be entered for good

cause found to protect an animal owned by either of the parties or

any child living in the household.

2. When granting any protective order for the protection of a

minor child from violence or threats of abuse, the court shall allow

visitation only under conditions that provide adequate supervision

and protection to the child while maintaining the integrity of a

divorce decree or temporary order.

J. 1. In order to ensure that a petitioner can maintain an

existing wireless telephone number or household utility account, the

court, after providing notice and a hearing, may issue an order

directing a wireless service provider or public utility provider to

transfer the billing responsibility for and rights to the wireless

telephone number or numbers of any minor children in the care of the

petitioning party or household utility account to the petitioner if

Oklahoma Statutes - Title 22. Criminal Procedure Page 74

the petitioner is not the wireless service or public utility account

holder.

2. The order transferring billing responsibility for and rights

to the wireless telephone number or numbers or household utility

account to the petitioner shall list the name and billing telephone

number of the account holder, the name and contact information of

the person to whom the telephone number or numbers or household

utility account will be transferred and each telephone number or

household utility to be transferred to that person. The court shall

ensure that the contact information of the petitioner is not

provided to the account holder in proceedings held under this

subsection.

3. Upon issuance, a copy of the final order of protection shall

be transmitted, either electronically or by certified mail, to the

registered agent of the wireless service provider or public utility

provider listed with the Secretary of State or Corporation

Commission of Oklahoma or electronically to the email address

provided by the wireless service provider or public utility

provider. Such transmittal shall constitute adequate notice for the

wireless service provider or public utility provider.

4. If the wireless service provider or public utility provider

cannot operationally or technically effectuate the order due to

certain circumstances, the wireless service provider or public

utility provider shall notify the petitioner. Such circumstances

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

a. the account holder has already terminated the account,

b. the differences in network technology prevent the

functionality of a mobile device on the network, or

c. there are geographic or other limitations on network

or service availability.

5. Upon transfer of billing responsibility for and rights to a

wireless telephone number or numbers or household utility account to

the petitioner under the provisions of this subsection by a wireless

service provider or public utility provider, the petitioner shall

assume all financial responsibility for the transferred wireless

telephone number or numbers or household utility account, monthly

service and utility billing costs and costs for any mobile device

associated with the wireless telephone number or numbers. The

wireless service provider or public utility provider shall have the

right to pursue the original account holder for purposes of

collecting any past due amounts owed to the wireless service

provider or public utility provider.

6. The provisions of this subsection shall not preclude a

wireless service provider or public utility provider from applying

any routine and customary requirements for account establishment to

the petitioner as part of this transfer of billing responsibility

for a household utility account or for a wireless telephone number

Oklahoma Statutes - Title 22. Criminal Procedure Page 75

or numbers and any mobile devices attached to that number including,

but not limited to, identification, financial information and

customer preferences.

7. The provisions of this subsection shall not affect the

ability of the court to apportion the assets and debts of the

parties as provided for in law or the ability to determine the

temporary use, possession and control of personal property.

8. No cause of action shall lie against any wireless service

provider or public utility provider, its officers, employees or

agents for actions taken in accordance with the terms of a court

order issued under the provisions of this subsection.

9. As used in this subsection:

a. “wireless service provider” means a provider of

commercial mobile service under Section 332(d) of the

federal Telecommunications Act of 1996,

b. “public utility provider” means every corporation

organized or doing business in this state that owns,

operates or manages any plant or equipment for the

manufacture, production, transmission, transportation,

delivery or furnishing of water, heat or light with

gas or electric current for heat, light or power, for

public use in this state, and

c. “household utility account” shall include utility

services for water, heat, light, power or gas that are

provided by a public utility provider.

K. 1. A court shall not issue any mutual protective orders.

2. If both parties allege domestic abuse by the other party,

the parties shall do so by separate petitions. The court shall

review each petition separately in an individual or a consolidated

hearing and grant or deny each petition on its individual merits.

If the court finds cause to grant both motions, the court shall do

so by separate orders and with specific findings justifying the

issuance of each order.

3. The court may only consolidate a hearing if:

a. the court makes specific findings that:

(1) sufficient evidence exists of domestic abuse,

stalking, harassment or rape against each party,

and

(2) each party acted primarily as aggressors,

b. the defendant filed a petition with the court for a

protective order no less than three (3) days, not

including weekends or holidays, prior to the first

scheduled full hearing on the petition filed by the

plaintiff, and

c. the defendant had no less than forty-eight (48) hours

of notice prior to the full hearing on the petition

filed by the plaintiff.

Oklahoma Statutes - Title 22. Criminal Procedure Page 76

L. The court may allow a plaintiff or victim to be accompanied

by a victim support person at court proceedings. A victim support

person shall not make legal arguments; however, a victim support

person who is not a licensed attorney may offer the plaintiff or

victim comfort or support and may remain in close proximity to the

plaintiff or victim.
Okla. Stat. tit. 22, § 22-971 — OK Code / Title 22 / Section 22-971
Defendant may show cause against judgment - Grounds -
Status: in_force

Proceedings.

The defendant may show for cause against the judgment:

1. That the defendant is insane; and if, in the opinion of the

court, there is reasonable ground for believing the defendant to be

insane, the question of the defendant's insanity must be tried as

hereinafter in this chapter. If upon the trial of that question the

jury finds that the defendant is sane, judgment must be pronounced.

If the jury finds the defendant insane, the defendant may be

committed to one of the state institutions or hospitals for the

mentally ill, until the defendant becomes sane, or be otherwise

committed according to law. When notice is given of that fact, as

Oklahoma Statutes - Title 22. Criminal Procedure Page 264

hereinafter provided, the defendant must be brought before the court

for judgment.

2. That the defendant has good cause to offer, either in arrest

of judgment, or for a new trial, in which case the court may order

the judgment to be deferred, and proceed to decide upon the motion

in arrest of judgment, or for a new trial.

R.L. 1910, § 5932. Amended by Laws 1998, c. 246, § 15, eff. Nov. 1,

1998.
Okla. Stat. tit. 22, § 22-1175.6 — OK Code / Title 22 / Section 22-1175.6
Disposition orders - Placement in secure ward
Status: in_force

Upon the finding by the jury or the court as provided by Section

1175.5 of this title, the court shall issue the appropriate order

regarding the person as follows:

1. If the person is found to be competent, the criminal

proceedings shall be resumed;

2. If the person is found to be incompetent because the person

is a person requiring treatment as defined in Title 43A of the

Oklahoma Statutes, the court shall issue the appropriate order as

set forth in Section 1175.6a of this title;

3. If the person is found to be incompetent because the person

is intellectually disabled as defined in Section 1408 of Title 10 of

the Oklahoma Statutes, the court shall issue the appropriate order

as set forth in Section 1175.6b of this title; and

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

than the person is a person requiring treatment as defined by

Section 1-103 of Title 43A of the Oklahoma Statutes, or for reasons

other than the person is intellectually disabled as defined in

Section 1408 of Title 10 of the Oklahoma Statutes, the court shall

Oklahoma Statutes - Title 22. Criminal Procedure Page 463

issue the appropriate order as set forth in Section 1175.6c of this

title.
Okla. Stat. tit. 22, § 22-444 — OK Code / Title 22 / Section 22-444
Retransfer in case of error
Status: in_force

When a cause has been improperly transferred to a court which

has no jurisdiction of the same, the court to which it has been

transferred shall order it to be retransferred to the proper court,

and the same proceedings shall be had as in the case of original

transfer. In such case the defendant and the witnesses shall be

held bound to appear before the court to which the case has been

retransferred, the same as they were bound to appear before the

court so transferring the same.
Okla. Stat. tit. 22, § 22-171.1 — OK Code / Title 22 / Section 22-171.1
Arrest warrant for escaped prisoner
Status: in_force

A. Any warden, superintendent or district supervisor within the

Department of Corrections may make application to a judge for an

arrest warrant upon any prisoner escaping from custody or

confinement in an institution or facility of the Department of

Corrections or from house arrest or the Preparole Conditional

Supervision Program. Said application shall be a statement verified

by oath or affirmation alleging the occurrence of an escape.

B. If the judge is satisfied that an escape has occurred, the

judge shall affix his signature to a warrant of arrest of the

prisoner.

C. The person making application for the arrest warrant shall

cause to be delivered as soon as possible, a copy of the issued

warrant of arrest of the prisoner to the court clerk, the district

attorney and the sheriff's office within the geographical area where

the escape occurred.

D. Nothing in this section shall prohibit the filing of any

criminal charges by the district attorney against the prisoner

charged with escape.
Okla. Stat. tit. 22, § 22-637 — OK Code / Title 22 / Section 22-637
Denial of challenge - Trial of fact questions
Status: in_force

If the challenge is denied the denial may, in like manner, be

oral and must be entered upon the minutes of the court, and the

court must proceed to try the questions of fact.
Okla. Stat. tit. 22, § 22-1071 — OK Code / Title 22 / Section 22-1071
Opinions to be recorded
Status: in_force

All opinions of the Criminal Court of Appeals must be given in

writing and recorded in the journal.
Okla. Stat. tit. 22, § 22-666 — OK Code / Title 22 / Section 22-666
Other witnesses
Status: in_force

Other witnesses may also be examined on either side, and the rules

of evidence applicable to the trial of other issues govern the

admission or exclusion of testimony, on the trial of the challenges.
Okla. Stat. tit. 22, § 22-594 — OK Code / Title 22 / Section 22-594
Names of panel called, when - Attachment for absent
Status: in_force

jurors.

When the case is called for trial, and before drawing the jury,

either party may require the names of all the jurors in the panel to

be called, and the court in its discretion may order that an

attachment issue against those who are absent; but the court may, in

its discretion, wait or not for the return of the attachment.
Okla. Stat. tit. 22, § 22-1236 — OK Code / Title 22 / Section 22-1236
Testimony on hearing for warrant
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 482

The testimony given by each witness must be reduced to writing

and authenticated in the manner as in preliminary examinations.
Okla. Stat. tit. 22, § 22-470 — OK Code / Title 22 / Section 22-470
Time for arraignment upon charge of felony
Status: in_force

The arraignment of the defendant shall be held within thirty

(30) days after the defendant is ordered held for trial upon a

preliminary information charging the commission of a felony;

provided, for good cause, the court may set a later date.
Okla. Stat. tit. 22, § 22-471.11 — OK Code / Title 22 / Section 22-471.11
Deferred prosecution programs
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 198

A. Nothing in this act shall preclude the establishment of

substance abuse treatment programs in support of a deferred

prosecution program authorized by Section 305.1 of Title 22 of the

Oklahoma Statutes. Any such programs established after July 1,

1997, or in existence on July 1, 1997, may be known as a drug court

program; provided, the program is not contrary to public interest or

provision of law.

B. Any drug court program established and in existence prior to

July 1, 1997, which is not limited to treatment programs in support

of deferred prosecution programs shall be considered a drug court

program, as defined in Section 471.1 of this title, for all purposes

of the Oklahoma Drug Court Act.
Okla. Stat. tit. 22, § 22-1164 — OK Code / Title 22 / Section 22-1164
Order of trial of sanity
Status: in_force

The trial of the question of insanity must proceed in the

following order:

1. The counsel for the defendant must open the case and offer

evidence in support of the allegation of insanity.

2. The counsel for the state may then open their case and offer

evidence in support thereof.

3. The parties may then respectively offer rebutting testimony

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

permit them to offer evidence upon their original case.

4. When the evidence is concluded, unless the case be submitted

to the jury on either side or on both sides, without argument, the

counsel for the state must commence, and the defendant or his

counsel may conclude the argument to the jury.

5. If the indictment be for an offense punishable with death

two counsels on each side may argue the causes to the jury, in which

case they must do so alternately. If it be for any other offense,

Oklahoma Statutes - Title 22. Criminal Procedure Page 455

the court may, in its discretion, restrict the argument to one

counsel on each side.

6. The court must then charge the jury before argument as in

other cases.
Okla. Stat. tit. 22, § 22-340 — OK Code / Title 22 / Section 22-340
Advice of court or district attorney – Reproduction or disclosure of transcript - Who may
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 6

Oklahoma Statutes - Title 22. Criminal Procedure Page 7disclosure of transcript - Who may be present.

A. The grand jury may at all reasonable times ask the advice of

the court or of the district attorney. In no event shall the grand

jury be advised as to the sufficiency or insufficiency of the

evidence necessary to return a true bill, in a matter under

investigation before them. The district attorney, with or without a

regularly appointed assistant district attorney individually or

collectively, or if the district attorney and all of his or her

assistants are disqualified for any reason, a district attorney or

assistant district attorney from another district, appointed by the

Attorney General of Oklahoma pursuant to Sections 215.9 and 215.13

of Title 19 of the Oklahoma Statutes, and where proper, the Attorney

General, or an assistant attorney general, may at all times appear

before the grand jury for the purpose of giving information or

advice relative to any matter cognizable before them and may

interrogate witnesses before them whenever he or she thinks it

necessary. A qualified court reporter shall be present and take the

testimony of all witnesses.

B. Upon request, a grand jury transcript of the testimony or

any portion thereof shall be made available to the attorney for the

accused , the district attorney, assistant district attorney, the

Attorney General, or an assistant attorney general, at the expense

of the requesting party or officer. In the event of an indigent

accused, the expense for the transcript shall be borne by the state

in the same manner and from the same funds as indigent

representation. Any attorney or other person who obtains a copy of

a grand jury transcript shall be prohibited from disclosing its

contents to any person other than his or her attorney in the

criminal proceeding, related asset forfeiture proceeding, or removal

proceeding. A transcript obtained pursuant to this subsection shall

not be used for any purpose other than in proceedings relating to

the grand jury testimony, civil asset forfeiture proceedings related

to an indictment from the grand jury, or an accusation for removal

of a public official from the grand jury, or in preparation for

those proceedings, without good cause shown supported by clear and

convincing evidence after written motion and hearing before the

judge presiding over the grand jury.

Oklahoma Statutes - Title 22. Criminal Procedure Page 162

The prosecutor serving as a legal advisor to the grand jury

shall receive timely notice of the motion and hearing and be allowed

an opportunity to object to any order of release of grand jury

transcripts. The pleadings relating to a request for grand jury

transcripts shall be sealed and any hearing held pursuant to a

request for grand jury transcripts shall be closed to the public

unless the presiding judge of the grand jury finds that the public

interest in unsealing the pleadings or opening the hearing to the

public outweighs the public interest in maintaining the secrecy of

the grand jury investigation.

Except in a civil asset forfeiture proceeding related to a grand

jury indictment, an attorney who obtains a copy of a grand jury

transcript pursuant to this subsection shall be precluded from

representing any party in a civil case related to the grand jury

testimony or using the grand jury transcripts to the benefit or

detriment of a party in a civil proceeding.

Nothing in this subsection shall prohibit the Attorney General

or a district attorney from prosecuting an indictment or accusation

for removal while his or her office is or has been engaged in

related civil litigation, provided that the grand jury transcripts

or their contents are not provided or disclosed to the staff of the

Attorney General or district attorney involved in the civil

litigation. Nor does this subsection prohibit the attorney for the

accused, district attorney, assistant district attorney, the

Attorney General, or an assistant attorney general from providing to

a witness the transcribed grand jury testimony of that witness for

the sole purpose of preparing the witness for his or her subsequent

testimony at a trial or hearing arising out of a grand jury

indictment, accusation for removal, or civil asset forfeiture action

related to a grand jury indictment. The witness who is provided a

transcript of his or her testimony shall be subject to the same

restrictions on disclosure as any other person.

Violation of this subsection shall be a misdemeanor and may also

be punishable as contempt.

C. No other person is permitted to be present during sessions

of the grand jury except the members of the grand jury, the witness

actually under examination, and one attorney representing such

witness, except that an interpreter, when necessary, may be present

during the interrogation of a witness; provided that, no person,

except the members of the grand jury, shall be permitted to be

present during the expression of juror opinions or the giving of

votes upon any matter before the grand jury; provided further that

neither the district attorney, nor an assistant district attorney,

may be present or participate in an official capacity, as herein

provided, during an investigation by the grand jury of the district

attorney's office, or of any person officially associated with said

office.

Oklahoma Statutes - Title 22. Criminal Procedure Page 163

R.L. 1910, § 726. Amended by Laws 1961, p. 236, § 1; Laws 1965, c.

532, § 1; Laws 1967, c. 226, § 1, emerg. eff. May 2, 1967; Laws

1974, c. 60, § 1; Laws 1989, c. 179, § 3, eff. Nov. 1, 1989; Laws

1999, c. 147, § 1, emerg. eff. May 3, 1999; Laws 2025, c. 333, § 1,

eff. Nov. 1, 2025.
Okla. Stat. tit. 22, § 22-983v1 — OK Code / Title 22 / Section 22-983v1
Imprisonment or recommendation of suspension of driving
Status: in_force

privileges for failure to pay fines, costs, fees, or assessments -

Hearing - Installments.

A. Any defendant found guilty of an offense in any court of

this state may be imprisoned for nonpayment of the fine, cost, fee,

or assessment when the trial court finds after notice and hearing

that the defendant is financially able but refuses or neglects to

pay the fine, cost, fee, or assessment. A sentence to pay a fine,

cost, fee, or assessment may be converted into a jail sentence only

after a hearing and a judicial determination, memorialized of

record, that the defendant is able to satisfy the fine, cost, fee,

or assessment by payment, but refuses or neglects so to do.

B. After a judicial determination that the defendant is able to

pay the fine, cost, fee, or assessment in installments, the court

may order the fine, cost, fee, or assessment to be paid in

installments and shall set the amount and date for each installment.

C. In addition, the district court or municipal court, within

one hundred twenty (120) days from the date upon which the person

was originally ordered to make payment, may send notice of

nonpayment of any court ordered fine and costs for a moving traffic

violation to the Department of Public Safety with a recommendation

Oklahoma Statutes - Title 22. Criminal Procedure Page 277

of suspension of driving privileges of the defendant until the total

amount of any fine and costs has been paid. Upon receipt of payment

of the total amount of the fine and costs for the moving traffic

violation, the court shall send notice thereof to the Department, if

a nonpayment notice was sent as provided for in this subsection.

Notices sent to the Department shall be on forms or by a method

approved by the Department.

D. The Court of Criminal Appeals shall implement procedures and

rules for methods of establishing payment plans of fines, costs,

fees, and assessments by indigents, which procedures and rules shall

be distributed to all district courts and municipal courts by the

Administrative Office of the Courts.
Okla. Stat. tit. 22, § 22-1005.1 — OK Code / Title 22 / Section 22-1005.1
Mentally incompetent to be executed – Motion – Hearing
Status: in_force

- Examination.

A. For purposes of this act, "mentally incompetent to be

executed" means that because of a mental condition the person is

presently unable to have a rational understanding:

1. Of the reason he or she is being executed; and

2. That he or she is to be executed and that execution is

imminent.

B. There shall be a presumption that a person who has received

a judgment of death is mentally competent to be executed.

C. If, after the Attorney General files a motion to set an

execution date, the attorney for the person has good reason to

believe that the person may be mentally incompetent to be executed,

the attorney may file a motion in the Court of Criminal Appeals

setting forth the facts giving rise to the belief that the person

may be mentally incompetent to be executed and requesting the court

to order that the person be examined for mental competency to be

executed.

D. A motion alleging that a person is mentally incompetent to

be executed shall be filed initially when filing a written response

to the motion of the Attorney General to set an execution date. The

person shall have seven (7) days from the filing of the motion of

the Attorney General to file a response and raise the issue of

mental incompetency.

E. A motion alleging that a person is mentally incompetent to

be executed shall identify the proceeding in which the person was

convicted and shall clearly set forth alleged facts in support of

the assertion that the person is presently mentally incompetent to

be executed. The person shall attach affidavits, records, or other

evidence supporting such allegations or shall state a reason for

which such items are not attached. The person shall identify any

previous proceeding in which the person challenged his or her

competency in relation to the conviction and judgment of death

including any challenge to the competency of the person to be

executed, competency to stand trial, or sanity at the time of the

offense.

F. In the order of the Court of Criminal Appeals setting the

execution date, the Court shall remand the issue of mental

competency to be executed to the trial court where the person was

originally tried and sentenced. Mental competency of a person to be

executed shall not be considered unless and until an execution date

has been scheduled.

G. In addition to the authority set forth in subsection C of

Section 1001.1 of this title, the Court of Criminal Appeals may

issue stays of execution as necessary to permit inquiry into the

mental competency of the person to be executed.

Oklahoma Statutes - Title 22. Criminal Procedure Page 356

H. On receipt of the remand, the trial court shall hold an

evidentiary hearing to determine whether the person has raised a

substantial doubt as to the competency of the person to be executed.

Unless the Court of Criminal Appeals issues a stay of execution, the

hearing shall be held and a decision shall be rendered before the

scheduled execution date of the person. The Attorney General shall

represent the state at the evidentiary hearing. If the trial court

determines the person has failed to make a substantial showing that

he or she is mentally incompetent to be executed, the court shall

deny the motion and the execution shall proceed. If the trial court

determines the person has made a substantial showing that he or she

is mentally incompetent to be executed, the trial court shall order

an examination of the person by the Department of Mental Health and

Substance Abuse Services or by a qualified forensic examiner

designated by the Department of Mental Health and Substance Abuse

Services. By filing the motion, the person shall be deemed to

consent to submit to an examination as required by this section for

the purpose of assessment of mental competency to be executed. In

addition, the person waives any claim of privilege with respect to,

and consents to the release of, all mental health and medical

records relevant to whether the person is mentally incompetent to be

executed. If the person refuses to be examined by the expert of the

state, the trial court shall not consider any expert evidence

offered by the person concerning his or her competency.

I. The qualified forensic examiner or examiners shall receive

instructions to examine the person to determine whether the person

has a rational understanding:

1. Of the reason he or she is being executed; and

2. That he or she is to be executed and that execution is

imminent.

J. Within a time ordered by the trial court not to exceed

forty-five (45) days, the qualified forensic examiner or examiners

shall provide copies of their reports to the attorney representing

the state, the attorney representing the person, and the trial

court.

K. After all examinations are complete, the trial court shall

conduct a hearing within thirty (30) days to determine whether the

person is mentally competent to be executed. The person shall

overcome the presumption that he or she is competent to be executed

by a preponderance of the evidence.

L. If the trial court finds that the person is competent to be

executed, the warden shall proceed to execute the judgment as

certified in the warrant. If the prior execution date has expired

or the Court of Criminal Appeals has issued a stay, a new execution

date shall be set as provided in subsection F of Section 1001.1 of

this title.

Oklahoma Statutes - Title 22. Criminal Procedure Page 357

M. If the trial court finds that the person is mentally

incompetent to be executed, the following procedures shall be

followed:

1. The trial court shall issue notice to the Court of Criminal

Appeals of such findings at which time the Court of Criminal Appeals

shall issue a stay of execution if one has not already been entered.

2. The trial court shall also order the Department of Mental

Health and Substance Abuse Services to determine through

consultation with the Department of Corrections, the place for the

person to be held for safe confinement until his or her competency

is restored.

3. The trial court shall further order the Department of Mental

Health and Substance Abuse Services to provide treatment, therapy,

or training for the person to achieve competency. The Department of

Mental Health and Substance Abuse Services may designate an entity

with qualified personnel to provide competency restoration services

on behalf of the Department. Competency restoration services shall

begin within no more than thirty (30) days after the order issued by

the trial court.

4. The Department of Mental Health and Substance Abuse

Services, or a qualified forensic examiner designated by the

Department, shall reevaluate the mental competency of the person to

be executed no more than four (4) months after competency

restoration services have commenced. A copy of the report following

reevaluation shall be provided to the attorney representing the

state, the attorney representing the person, and the trial court.

If the qualified forensic examiner finds the person to be mentally

competent to be executed, the trial court shall hold a hearing to

determine whether the person is mentally competent to be executed

within forty-five (45) days after receipt of the report. The state

must overcome by competent evidence a rebuttable presumption of

continued incompetence.

5. After such hearing, if the person is found to be mentally

competent to be executed, the trial court shall notify the Court of

Criminal Appeals which shall vacate the stay of execution. The

warden shall proceed to execute the judgment as certified in the

warrant. If the prior execution date has expired, a new execution

date shall be set as provided in subsection F of Section 1001.1 of

this title.

6. If the trial court determines that the person remains

mentally incompetent to be executed, the trial court shall enter an

order directing the Department of Mental Health and Substance Abuse

Services to continue to provide treatment, therapy, or training for

the person to achieve competency. The Department may designate an

entity with qualified personnel to provide competency restoration

services on behalf of the Department.

Oklahoma Statutes - Title 22. Criminal Procedure Page 358

7. The entity providing competency restoration services shall

monitor the progress of the person and immediately provide written

notification to the attorney representing the state, the attorney

representing the person, and the trial court if it appears the

person facing execution may have regained mental competency to be

executed. Upon receipt of such notice, the trial court shall order

the Department of Mental Health and Substance Abuse Services, or a

qualified forensic examiner designated by the Department, to

immediately reevaluate the mental competency of the person to be

executed and submit a report within thirty (30) days of the order.

The trial court shall then schedule an evidentiary hearing, to be

held within thirty (30) days, to determine whether the person is

mentally competent to be executed. The state must overcome by

competent evidence a rebuttable presumption of continued

incompetence.

8. After the hearing, if the person is found to be mentally

competent to be executed, the trial court shall notify the Court of

Criminal Appeals which shall vacate the stay of execution. The

warden shall proceed to execute the judgment as certified in the

warrant. If the prior execution date has expired, a new execution

date shall be set as provided in subsection F of Section 1001.1 of

this title.

9. If the person is found not mentally competent to be

executed, restoration services shall continue as provided in

paragraphs 3 and 4 of this subsection. The entity providing

competency restoration services shall prepare periodic reports,

every six (6) months, indicating what services are being provided

and the response of the person, if any, to treatment. These reports

shall be provided to the attorney representing the state, the

attorney representing the person, and the trial court. The entity

providing competency restoration services shall be under a

continuing duty to comply with the provisions of paragraph 7 of this

subsection.

N. The provisions of the Criminal Discovery Code, Section 2002

of this title, shall apply, as relevant, to evidentiary hearings

conducted under the provisions of this section.

O. If any intervening change in the mental competency of the

person to be executed occurs after the seven (7) day deadline to

initiate proceedings required pursuant to subsection D of this

section, the person may file a motion alleging he or she is mentally

incompetent to be executed with the Court of Criminal Appeals. An

intervening change shall be a condition that has not and could not

have been presented in a timely motion because the factual basis for

the claim was not ascertainable through the exercise of reasonable

diligence. If the Court of Criminal Appeals determines that an

intervening change has occurred, the procedures set forth in this

section shall apply.

Oklahoma Statutes - Title 22. Criminal Procedure Page 359

P. Any filing made pursuant to this section shall be made in

good faith as provided in Rule 9.7(C), Rules of the Court of

Criminal Appeals, of this title, Ch. 18, App.

Q. No portion of the record in proceedings under the provisions

of this section shall be filed under seal.

R. Upon the effective date of this act, any amendments made to

the provisions of this section shall be applied retroactively.
Okla. Stat. tit. 22, § 22-440 — OK Code / Title 22 / Section 22-440
Repeal of conflicting laws
Status: repealed

All laws or parts of laws in conflict herewith are hereby

repealed.
Okla. Stat. tit. 22, § 22-60.8 — OK Code / Title 22 / Section 22-60.8
Seizure and forfeiture of weapons used to commit act of
Status: in_force

domestic abuse.

A. Each peace officer of this state shall seize any weapon or

instrument when such officer has probable cause to believe such

weapon or instrument has been used to commit an act of domestic

abuse as defined by Section 60.1 of this title, provided an arrest

is made, if possible, at the same time.

B. After any such seizure, the District Attorney shall file a

notice of seizure and forfeiture as provided in this section within

ten (10) days of such seizure, or any weapon or instrument seized

pursuant to this section shall be returned to the owner.

C. The seizure and forfeiture provisions of Section 991a-19 of

this title shall be followed for any seizure and forfeiture of

property pursuant to this section. No weapon or instrument seized

pursuant to this section or monies from the sale of any such seized

weapon or instrument shall be turned over to the person from whom

such property was seized if a forfeiture action has been filed

within the time required by subsection B of this section, unless

authorized by this section. Provided further, the owner may prove

at the forfeiture hearing that the conduct giving rise to the

seizure was justified, and if the owner proves justification, the

seized property shall be returned to the owner. Any proceeds gained

from this seizure shall be placed in the Crime Victims Compensation

Revolving Fund.

Oklahoma Statutes - Title 22. Criminal Procedure Page 93
Okla. Stat. tit. 22, § 22-1141.18 — OK Code / Title 22 / Section 22-1141.18
Forfeiture of bail
Status: in_force

If the prisoner is admitted to bail, and fails to appear and

surrender himself according to the conditions of his bond, the

judge, or magistrate by proper order, shall declare the bond

forfeited and order his immediate arrest without warrant if he be

within this state. Recovery may be had on such bond in the name of

Oklahoma Statutes - Title 22. Criminal Procedure Page 440

the state as in the case of other bonds given by the accused in

criminal proceedings within this state.
Okla. Stat. tit. 22, § 22-1141.15 — OK Code / Title 22 / Section 22-1141.15
Commitment by judge or magistrate
Status: in_force

If from the examination before the judge or magistrate, it appears

that the person held is the person charged with having committed the

crime alleged and, except in cases arising under Section 6, that he

has fled from justice, the judge or magistrate must, by a warrant

reciting the accusation, commit him to the county jail for such a

time not exceeding thirty (30) days and specified in the warrant, as

will enable the arrest of the accused to be made under a warrant of

the Governor on a requisition of the executive authority of the

state having jurisdiction of the offense, unless the accused give

bail as provided in the next section, or until he shall be legally

discharged.
Okla. Stat. tit. 22, § 22-783 — OK Code / Title 22 / Section 22-783
Affidavit on application
Status: in_force

Application must be made upon affidavit stating:

1. The nature of the offense charged.

2. The state of the proceedings in the action and that an issue

of the fact has been joined therein.

3. The name of the witness and that his testimony is material

to the defense of the action.

4. That the witness resides out of the state.
Okla. Stat. tit. 22, § 22-721 — OK Code / Title 22 / Section 22-721
Definitions
Status: in_force

"Witness" as used in this act shall include a person whose

testimony is desired in any proceeding or investigation by a grand

jury or in a criminal action, prosecution or proceeding.

The word "state" shall include any territory of the United

States and the District of Columbia.

The word "summons" shall include a subpoena, order or other

notice requiring the appearance of a witness.
Okla. Stat. tit. 22, § 22-1082 — OK Code / Title 22 / Section 22-1082
Court costs and expenses of representation
Status: in_force

If the applicant is unable to pay court costs and expenses of

representation, he shall include an affidavit to that effect with

the application, which shall then be filed without costs. Counsel

necessary in representation shall be made available to the applicant

after filing the application on a finding by the court that such

Oklahoma Statutes - Title 22. Criminal Procedure Page 372

assistance is necessary to provide a fair determination of

meritorious claims. If an attorney is appointed to represent such

an applicant then the fees and expenses of such attorney shall be

paid from the court fund.
Okla. Stat. tit. 22, § 22-663 — OK Code / Title 22 / Section 22-663
Exception to the challenge
Status: in_force

The adverse party may except to the challenge in the same manner

as to a challenge to the panel, and the same proceedings must be had

thereon, except that if the exception be allowed the juror must be

excluded. The adverse party may also orally deny the facts alleged

as the grounds of challenge.
Okla. Stat. tit. 22, § 22-421 — OK Code / Title 22 / Section 22-421
Arson - Omission or error in designating owner or
Status: in_force

occupant.

An omission to designate, or error in designating in indictment

for arson, the owner or occupant of a building, shall not prejudice

the proceedings thereupon, if it appears that upon the whole

description given of the building, it is sufficiently identified to

enable the prisoner to prepare his defense.
Okla. Stat. tit. 22, § 22-921 — OK Code / Title 22 / Section 22-921
Polling jury
Status: in_force

When a verdict is rendered, and before it is recorded, the jury

may be polled on the requirement of either party, in which case they

must be severally asked whether it is their verdict, and if any one

answer in the negative, the jury must be sent out for further

deliberation.
Okla. Stat. tit. 22, § 22-895 — OK Code / Title 22 / Section 22-895
Illness of juror after retirement - Accident or cause
Status: in_force

preventing keeping together - Discharge.

If, after the retirement of the jury, one of them become so sick

as to prevent the continuance of his duty, or any other accident or

cause occur to prevent their being kept together for deliberation,

the jury may be discharged.
Okla. Stat. tit. 22, § 22-1356 — OK Code / Title 22 / Section 22-1356
Appeals and post-conviction proceedings
Status: in_force

A. The System shall perfect all direct appeals and capital

post-conviction proceedings for all cases to which the System is

appointed by Oklahoma district courts at the time the appeal is

initiated, except as otherwise provided in this section and Section

1358 of this title. In counties subject to the provisions of

Section 138.1a of Title 19 of the Oklahoma Statutes, the System

shall perfect direct appeals for indigent defendants who were not

represented at trial by the county indigent defender. The System

shall not be appointed to perfect direct appeals for indigents

represented at trial by the county indigent defender, unless a

conflict of interest on appeal exists between defendants, in which

case the System may be appointed to represent not more than one

defendant.

B. Judges of the district courts shall appoint the System, at

the time the appeal is initiated, in cases in which the defendant is

subject to incarceration or the death penalty, and to perfect all

indigent criminal appeals which are felony or misdemeanor appeals,

appeals by petition for writ of certiorari, juvenile criminal

appeals and youthful offender appeals pursuant to the Oklahoma

Juvenile Code, appeals from revocation of a suspended sentence and

appeals from acceleration of deferred judgments.
Okla. Stat. tit. 22, § 22-636 — OK Code / Title 22 / Section 22-636
Challenge and exception may be amended or withdrawn
Status: in_force

If, on the exception, the court deem the challenge sufficient,

it may, if justice require it, permit the party excepting to

withdraw his exception, and to deny the facts alleged in the

challenge. If the exception be allowed, the court may in like

manner, permit an amendment of the challenge.
Okla. Stat. tit. 22, § 22-1237 — OK Code / Title 22 / Section 22-1237
Restoration of property to person searched
Status: in_force

If it appears that the property taken is not the same as that

described in the warrant, or that there is no probable cause for

believing the existence of the grounds on which the warrant was

issued, the magistrate must cause it to be restored to the person

from whom it was taken.
Okla. Stat. tit. 22, § 22-814 — OK Code / Title 22 / Section 22-814
Effect of dismissing action
Status: in_force

If the court direct the action to be dismissed, the defendant

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

bail, his bail is exonerated, or money deposited instead of bail

must be refunded to him.
Okla. Stat. tit. 22, § 22-173 — OK Code / Title 22 / Section 22-173
Requisites of warrant
Status: in_force

The warrant must specify the name of the defendant, or, if it is

unknown to the magistrate, the defendant may be designated therein

by any name. It must also state an offense in respect to which the

magistrate has authority to issue the warrant, and the time of

issuing it, and the county, city, or town where it is issued, and if

the offense charged is bailable, shall fix the amount of bail and an

endorsement shall be made on the warrant, to the following effect:

"The defendant is to be admitted to bail in the sum of $_______."

and be signed by the magistrate with his name of office.
Okla. Stat. tit. 22, § 22-988.7 — OK Code / Title 22 / Section 22-988.7
Local system plan
Status: in_force

A. A detailed plan for each local community sentencing system

seeking state funds shall be submitted each fiscal year to the

Community Sentencing Division within the Department of Corrections

pursuant to the rules promulgated for such purpose. The designated

judge of the planning council shall review the range of services

Oklahoma Statutes - Title 22. Criminal Procedure Page 299

proposed in the plan and declare in writing whether the proposed

services meet the needs of the court for purposes of sentencing

pursuant to the authority of the Oklahoma Community Sentencing Act.

The judge shall forward the plan to the Division for state review

and appropriate funding. A plan that conforms with the purposes and

goals of the Oklahoma Community Sentencing Act shall not be modified

or disapproved except when the plan requires more funding than is

available to the local system. Each local community sentencing

system plan shall include, but not be limited to, the following

goals:

1. Identification of existing resources, including cash,

professional services, in-kind resources, property, or other sources

of resources;

2. Identification of additional resources needed, identified by

type and amount;

3. Projected number of offenders to be served by each provider

and the projected total number of offenders to be served by the

local system;

4. Types and priority groups of offenders to be served for

purposes of budgeting and targeting specific use of selected service

providers;

5. Identification of sentencing practices used for disciplinary

sanctions for noncriminal conduct against participating offenders

and applicable costs;

6. Identification of local policy statements;

7. Methods for allocating resources to support the services

included in the plan;

8. Identification and evaluation of local record keeping and

needs for audits or reviews;

9. Identification of any special administrative structure of

the local system and list of specific service providers

participating in the system, including detailed qualifications of

staff and program administrators; and

10. Description and evaluation of the extent of community

participation and support for the local system.

B. A community sentencing system shall be operational when the

plan is accepted by the Community Sentencing Division or is

receiving funding. The Division, upon receipt of a proposed local

system plan for conformance with the purpose and goals of the

Oklahoma Community Sentencing Act, shall have not more than forty-

five (45) days to evaluate the plan and to notify the planning

council of any recommended modification. The Division shall notify

the chair of each local community sentencing system of its allocated

budget by June 15. Based on the funding allocation, the local

community sentencing system shall submit its budget to the Division

prior to finalizing provider service agreements for the fiscal year.

The Division shall not restrict by rule or practice the plan of any

Oklahoma Statutes - Title 22. Criminal Procedure Page 300

local system or determine what constitutes treatment or necessary

services if the treatment or services comply with the purposes and

goals of the Oklahoma Community Sentencing Act, unless there is a

demonstrated deficiency or poor program evaluation.

C. A local administrator as provided in Section 988.13 of this

title shall assist the local planning council in gathering and

keeping accurate information about the jurisdiction to support the

planning process. For the previous two (2) years, the information

pertaining to the jurisdiction may include, but not be limited to:

1. The number and rate of arrests, number of convictions,

admissions to probation, number of offenders sentenced to post-

imprisonment supervision, number of offenders sentenced to county

jail, average length of sentence served in county jail, number of

offenders sentenced to the custody of the Department of Corrections,

and average length of sentence served in the custody of the

Department of Corrections;

2. Current jail capacity, and jail population data by offender-

type including, but not limited to, misdemeanor, felony, trusty,

post-trial detainee, pretrial detainee, disciplinary sanction or

juvenile;

3. A listing of services and programs available in the

community, including costs, space availability, the number of

offenders participating, the average length of participation and

performance-based data;

4. Range of community punishments previously used by the courts

for offenders within the jurisdiction, including methods and use of

disciplinary sanctions for noncriminal behavior of offenders

sentenced to community punishment and use of incentives;

5. A listing of educational, vocational-technical, health,

mental health, substance abuse treatment, medical, and social

services available to offenders or to be made available within a

twelve-month period;

6. Restrictive residential facilities or other restrictive

housing options available or to be made available within a twelve-

month period; and

7. Approved local system plans and budgets.
Okla. Stat. tit. 22, § 22-1090.5 — OK Code / Title 22 / Section 22-1090.5
Request to apply for resentencing — Hearing — Evidence
Status: in_force

A. Any person who is:

Oklahoma Statutes - Title 22. Criminal Procedure Page 384

1. Confined in an institution under the custody and control of

the Department of Corrections;

2. Serving a sentence for an offense committed prior to the

effective date of this act; and

3. Eligible for an alternative sentence pursuant to the

provisions of Section 3 of this act,

may, on or after the effective date of this act, submit to the judge

who imposed the original sentence a request to apply for

resentencing in accordance with the provisions of Section 3 of this

act. The person shall include in the request documentation showing

that he or she is confined in an institution under the custody and

control of the Department of Corrections and is serving a sentence

for an offense committed prior to the effective date of this act.

The person shall also declare that he or she is eligible for an

alternative sentence under the provisions of Section 3 of this act.

B. If the original sentencing judge is not serving on the court

in which the original sentence was imposed at the time of the

request to apply for resentencing, the request shall be randomly

assigned to a judge of the original sentencing court.

C. 1. If the court finds that the person has met the

requirements to apply for resentencing as provided in subsection A

of this section, the court shall provide notice to the person that

he or she may submit an application for resentencing. Upon such

notification, the person may request the court appoint an attorney

to assist the person in the preparation of and proceedings on the

application for resentencing.

2. If the court finds that such person has not met the

requirements to apply for resentencing as provided for in subsection

A of this section, the court shall notify the person and deny his or

her request without prejudice.

D. Upon the receipt of an application for resentencing, the

court clerk shall promptly notify the appropriate district attorney

and provide such district attorney with a copy of the application.

E. If the judge that receives the application is not the judge

who originally sentenced the applicant, the application may be

referred to the original sentencing judge if he or she is serving as

a judge of a court of competent jurisdiction and the applicant and

the district attorney agree that the application should be referred.

F. An application for resentencing pursuant to this section

shall include evidence corroborating the claim of the applicant that

he or she 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 applicant, or any person who used the applicant for financial

gain. At least one piece of evidence shall be a court record,

presentence report, social services record, hospital record, sworn

statement from a witness to the domestic violence who is not the

Oklahoma Statutes - Title 22. Criminal Procedure Page 385

applicant, 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

applicant, 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

applicant has been diagnosed with post-traumatic stress disorder may

also be submitted to the court.

G. 1. If the court finds that the applicant has not complied

with the provisions of subsection F of this section, the court shall

deny the application without prejudice.

2. If the court finds that the applicant has complied with the

provisions of subsection F of this section, the court shall conduct

a sentencing hearing to aid in making its determination of whether

the applicant should be resentenced in accordance with Section 3 of

this act. At the hearing, the court shall determine any

controverted issues of fact relevant to the issue of sentencing.

The court may consider any facts or circumstances relevant to the

imposition of a new sentence submitted by the applicant or the

district attorney and may consider the institutional record of

confinement of such person; provided, however, the institutional

record shall not be solely dispositive as to whether an applicant

receives a reduced sentence. The court shall not order a new

presentence investigation and report or entertain any matter

challenging the underlying basis of the subject conviction.

Consideration of the institutional record of confinement of an

applicant by the court shall include, but not be limited to, the

participation of the applicant in programming such as domestic

violence, parenting, and substance abuse treatment while

incarcerated and the disciplinary history of the applicant. The

inability of the applicant to participate in treatment or other

programming while incarcerated despite the willingness of the

applicant to do so shall not be considered a negative factor when

the court is making its determination.

H. If the court determines that the applicant should not be

resentenced in accordance with Section 3 of this act, the court

shall inform such applicant of its decision and shall enter an order

to that effect. Any order issued by a court pursuant to this

subsection shall include written findings of fact and the reasons

for such order. If the applicant is denied on the merits of the

application, the court shall deny the application with prejudice.

Oklahoma Statutes - Title 22. Criminal Procedure Page 386

I. If the court determines that the applicant should be

resentenced in accordance with Section 3 of this act, the court

shall notify the applicant that, unless he or she withdraws the

application for resentencing or appeals the order of the court, the

court shall enter an order vacating the sentence originally imposed

and shall impose a new sentence as set forth in Section 3 of this

act. Any order issued by a court pursuant to this subsection shall

include written findings of fact and the reasons for such order.

Sentences modified pursuant to the provisions of this section shall

be reduced as set forth in subsection C of Section 3 of this act.

J. An appeal to the Court of Criminal Appeals may be taken as

of right in accordance with the applicable provisions provided for

in Title 22 of the Oklahoma Statutes from:

1. An order denying resentencing; or

2. A new sentence imposed under the provisions of this section.

The applicant may request that the Court of Criminal Appeals assign

an attorney to the applicant for the preparation of and proceedings

for any appeal regarding the application for resentencing.

K. When calculating the new sentence to be served by the

applicant pursuant to Section 3 of this act, the applicant shall be

credited for any time served in the county jail and any period of

incarceration served under the custody and control of the Department

of Corrections toward the sentence originally imposed.
Okla. Stat. tit. 22, § 22-1141.13 — OK Code / Title 22 / Section 22-1141.13
Issuance of warrant of arrest by judge or magistrate
Status: in_force

Whenever any person within this state shall be charged on the

oath of any credible person before any judge or magistrate of this

state with the commission of any crime in any other state and,

except in cases arising under Section 6, with having fled from

justice or with having been convicted of a crime in that state and

having escaped from confinement, or having broken the terms of his

bail, probation or parole, or whenever complaint shall have been

made before any judge or magistrate in this state setting forth on

the affidavit of any credible person in another state that a crime

has been committed in such other state, and that the accused has

been charged in such state with the commission of the crime, and,

except in cases arising under Section 6, has fled from justice, or

with having been convicted of a crime in that state and having

escaped from confinement, or having broken the terms of his bail,

probation or parole and is believed to be in this state, the judge

or magistrate shall issue a warrant directed to any peace officer

commanding him to apprehend the person named therein, wherever he

may be found in this state, and to bring him before the same or any

other judge, magistrate or court who or which may be available in or

convenient of access to the place where the arrest may be made, to

answer the charge or complaint and affidavit, and a certified copy

of the sworn charge or complaint and affidavit upon which the

warrant is issued shall be attached to the warrant.
Okla. Stat. tit. 22, § 22-106 — OK Code / Title 22 / Section 22-106
Precautions before endangering life
Status: in_force

Every endeavor must be used, both by the magistrate and civil

officers, and by the officer commanding the troops, which can be

made consistently with the preservation of life, to induce or force

the rioters to disperse before an attack is made upon them by which

their lives may be endangered.
Okla. Stat. tit. 22, § 22-654 — OK Code / Title 22 / Section 22-654
Peremptory challenge defined
Status: in_force

A peremptory challenge may be taken by either party, and may be

oral. It is an objection to a juror for which no reason need be

given, but upon which the court must excuse him.
Okla. Stat. tit. 22, § 22-178 — OK Code / Title 22 / Section 22-178
Proceedings when bail is taken
Status: in_force

On taking bail, the magistrate must certify that fact on the

warrant, and deliver the warrant and undertaking of bail to the

officer having charge of the defendant. The officer must then

discharge the defendant from arrest, and must, without delay,

deliver the warrant and undertaking to the clerk of the court at

which the defendant is required to appear.
Okla. Stat. tit. 22, § 22-762.1 — OK Code / Title 22 / Section 22-762.1
Order for conditional examination of witnesses
Status: in_force

Where the magistrate terminated the preliminary hearing pursuant

to Section 258 of Title 21 of the Oklahoma Statutes and a witness

subsequently refuses an interview with counsel for the opposing

party, the defendant or the State of Oklahoma may apply for an order

that the witness be examined conditionally.
Okla. Stat. tit. 22, § 22-512 — OK Code / Title 22 / Section 22-512
Certain objections, how taken
Status: in_force

When the objections mentioned in Section 504 appear upon the

face of the indictment or information, they can only be taken by

demurrer, except that the objection to the jurisdiction of the court

over the subject of the indictment or information, or that the facts

stated do not constitute a public offense, may be taken after the

arraignment of the defendant, or may be taken at the trial, under

the plea of not guilty, and in arrest of judgment.
Okla. Stat. tit. 22, § 22-181 — OK Code / Title 22 / Section 22-181
Delay in taking before magistrate not permitted
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 132

The defendant must, in all cases, be taken before the magistrate

without unnecessary delay.
Okla. Stat. tit. 22, § 22-1053 — OK Code / Title 22 / Section 22-1053
Appeals taken by state or municipality – Allowable cases
Status: reserved

Appeals to the Court of Criminal Appeals may be taken by the

state or a municipality in the following cases only:

1. Upon judgment for the defendant on quashing or setting aside

an indictment or information;

2. Upon an order of the court arresting the judgment;

3. Upon a question reserved by the state or a municipality;

4. Upon judgment for the defendant on a motion to quash for

insufficient evidence in a felony matter;

5. Upon a pretrial order, decision, or judgment suppressing or

excluding evidence where appellate review of the issue would be in

the best interests of justice;

6. Upon a pretrial order, decision or judgment suppressing or

excluding evidence in cases alleging violation of any provisions of

Section 13.1 of Title 21 of the Oklahoma Statutes; and

7. Upon an order, decision or judgment finding that a defendant

is immune from or not subject to criminal prosecution.

Priority shall be given to appeals taken pursuant to paragraph

5, 6, or 7 of this section, and an order staying proceedings shall

be entered pending the outcome of the appeal.

R.L. 1910, § 5990. Amended by Laws 1978, c. 248, § 2, eff. July 1,

1978; Laws 1990, c. 261, § 3, emerg. eff. May 24, 1990; Laws 2002,

c. 460, § 21, eff. Nov. 1, 2002; Laws 2009, c. 274, § 3, eff. Nov.

1, 2009; Laws 2022, c. 209, § 2, eff. Nov. 1, 2022.
Okla. Stat. tit. 22, § 22-305.7 — OK Code / Title 22 / Section 22-305.7
Restorative justice pilot program
Status: in_force

A. Beginning November 1, 2021, the District Attorneys Council

is hereby authorized to develop and administer a five-year

restorative justice pilot program that shall utilize citizen-led

mediation panels. The purpose of the program shall be to divert

offenders from the traditional prosecution model through use of a

deferred prosecution agreement, while utilizing evidence-based

practices and techniques to create a community-based restorative

justice program that focus on the rehabilitation of offenders

through reconciliation with victims and the community at large.

B. For purposes of this section, the term "restorative justice

program" is defined as an alternative means to the traditional

criminal justice model for qualifying nonviolent offenses. The

restorative justice program under the provisions of this section

should seek to have offenders take responsibility for their actions,

understand the harms they have committed and provide an opportunity

for offenders to make amends with the victims, themselves and their

communities.

C. The pilot program shall expire at the conclusion of five (5)

years from the effective date of this act.
Okla. Stat. tit. 22, § 22-1272 — OK Code / Title 22 / Section 22-1272
Affidavits or depositions need not be entitled
Status: in_force

It is not necessary to entitle an affidavit, or deposition in

the action, whether taken before or after indictment; but if made

without a title, or with an erroneous title, it is as valid and

effectual for every purpose as if it were duly entitled, if it

intelligibly refer to the proceedings, in which it is made.
Okla. Stat. tit. 22, § 22-1083 — OK Code / Title 22 / Section 22-1083
Response by state - Disposition of application
Status: in_force

A. Within thirty (30) days after the docketing of the

application, or within any further time the court may fix, the state

shall respond by answer or by motion which may be supported by

affidavits. When an applicant asserts a claim of ineffective

assistance of counsel, the state shall have ninety (90) days after

the docketing of the application to respond by answer or by motion.

In considering the application, the court shall take account of

substance, regardless of defects of form. If the application is not

accompanied by the record of the proceedings challenged therein, the

respondent shall file with its answer the record or portions thereof

that are material to the questions raised in the application; or

such records may be ordered by the court. The court may also allow

depositions and affidavits for good cause shown.

B. When a court is satisfied, on the basis of the application,

the answer or motion of respondent, and the record, that the

applicant is not entitled to post-conviction relief and no purpose

would be served by any further proceedings, it may order the

application dismissed or grant leave to file an amended application.

Disposition on the pleadings and record is not proper if there

exists a material issue of fact. The judge assigned to the case

should not dispose of it on the basis of information within his

personal knowledge not made a part of the record.

C. The court may grant a motion by either party for summary

disposition of the application when it appears from the response and

pleadings that there is no genuine issue of material fact and the

moving party is entitled to judgment as a matter of law. An order

disposing of an application without a hearing shall state the

court's findings and conclusions regarding the issues presented.
Okla. Stat. tit. 22, § 22-1601 — OK Code / Title 22 / Section 22-1601
Creation – Powers and duties
Status: in_force

A. There is hereby created the Domestic Violence Fatality

Review Board within the Office of the Attorney General. The Board

shall have the power and duty to:

1. Coordinate and integrate state and local efforts to address

fatal domestic violence and create a body of information to prevent

domestic violence deaths;

2. Collect, analyze and interpret state and local data on

domestic violence deaths;

3. Develop a state and local database on domestic violence

deaths;

4. Improve the ability to provide protective services to

victims of domestic violence who may be living in a dangerous

environment;

5. Improve policies, procedures and practices within the

agencies that serve victims of domestic violence; and

6. Enter into agreements with other state, local or private

entities as necessary to carry out the duties of the Domestic

Violence Fatality Review Board including, but not limited to,

conducting joint reviews with the Child Death Review Board on

domestic violence cases involving child death or child near-death

incidents.

B. In carrying out its duties and responsibilities, the Board

shall:

1. Promulgate rules establishing criteria for identifying cases

involving a domestic violence death subject to specific, in-depth

review by the Board;

2. Conduct a specific case review of those cases where the

cause of death is or may be related to domestic violence;

3. Establish and maintain statistical information related to

domestic violence deaths, including, but not limited to, demographic

and medical diagnostic information;

4. Establish procedures for obtaining initial information

regarding domestic violence deaths from law enforcement agencies;

5. Review the policies, practices, and procedures of the

domestic violence protection and prevention system and make specific

recommendations to the entities comprising the domestic violence

Oklahoma Statutes - Title 22. Criminal Procedure Page 562

prevention and protection system for actions necessary for the

improvement of the system;

6. Review the extent to which the state domestic violence

prevention and protection system is coordinated with law enforcement

and the court system and evaluate whether the state is efficiently

discharging its domestic violence prevention and protection

responsibilities;

7. Request and obtain a copy of all records and reports

pertaining to a domestic violence death case of the victim,

perpetrator or any other person cohabitating in the domicile at the

time of the fatality that is under review, including, but not

limited to:

a. the report of the medical examiner,

b. hospital records,

c. school records,

d. court records,

e. prosecutorial records,

f. local, state, and federal law enforcement records,

including, but not limited to, the Oklahoma State

Bureau of Investigation (OSBI),

g. fire department records,

h. State Department of Health records, including birth

certificate records,

i. medical and dental records,

j. Department of Mental Health and Substance Abuse

Services and other mental health records,

k. emergency medical service records,

l. files of the Department of Human Services,

m. records of the Oklahoma Department of Corrections, and

n. records in the possession of the Child Death Review

Board when conducting a joint review pursuant to

paragraph 6 of subsection A of this section.

Confidential information provided to the Board shall be maintained

by the Board in a confidential manner as otherwise required by state

and federal law. Any person damaged by disclosure of such

confidential information by the Board or its members which is not

authorized by law may maintain an action for damages, costs and

attorney fees pursuant to The Oklahoma Governmental Tort Claims Act;

8. Maintain all confidential information, documents and records

in possession of the Board as confidential and not subject to

subpoena or discovery in any civil or criminal proceedings;

provided, however, information, documents and records otherwise

available from other sources shall not be exempt from subpoena or

discovery through those sources solely because such information,

documents and records were presented to or reviewed by the Board;

9. Conduct reviews of specific cases of domestic violence

deaths and request the preparation of additional information and

Oklahoma Statutes - Title 22. Criminal Procedure Page 563

reports as determined to be necessary by the Board including, but

not limited to, clinical summaries from treating physicians,

chronologies of contact, and second opinion autopsies;

10. Report, if recommended by a majority vote of the Board, to

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

of Representatives any gross neglect of duty by any state officer or

state employee, or any problem within the domestic violence

prevention and protection system discovered by the Board while

performing its duties; and

11. Exercise all incidental powers necessary and proper for the

implementation and administration of the Domestic Violence Fatality

Review Board.

C. The review and discussion of individual cases of a domestic

violence death shall be conducted in executive session. All other

business shall be conducted in accordance with the provisions of the

Oklahoma Open Meeting Act. All discussions of individual cases and

any writings produced by or created for the Board in the course of

determining a remedial measure to be recommended by the Board, as

the result of a review of an individual case of a domestic violence

death, shall be privileged and shall not be admissible in evidence

in any proceeding. The Board shall periodically conduct meetings to

discuss organization and business matters and any actions or

recommendations aimed at improvement of the domestic violence

prevention and protection system which shall be subject to the

Oklahoma Open Meeting Act. Part of any meeting of the Board may be

specifically designated as a business meeting of the Board subject

to the Oklahoma Open Meeting Act.

D. The Board shall submit an annual statistical report on the

incidence and causes of domestic violence deaths in this state for

which the Board has completed its review during the past calendar

year including its recommendations, if any, to the domestic violence

prevention and protection system. The Board shall also prepare and

make available to the public, on an annual basis, a report

containing a summary of the activities of the Board relating to the

review of domestic violence deaths, the extent to which the state

domestic violence prevention and protection system is coordinated

and an evaluation of whether the state is efficiently discharging

its domestic violence prevention and protection responsibilities.

The report shall be completed no later than February 1 of the

subsequent year.
Okla. Stat. tit. 22, § 22-453 — OK Code / Title 22 / Section 22-453
Officer to bring defendant before court
Status: in_force

When his personal appearance is necessary, if he be in custody, the

court may direct the officer in whose custody he is to bring him
Okla. Stat. tit. 22, § 22-1105 — OK Code / Title 22 / Section 22-1105
Defendant discharged on giving bail - Exceptions
Status: in_force

A. Except as otherwise provided by this section, upon the

allowance of bail and the execution of the requisite recognizance,

bond, or undertaking to the state, the magistrate, judge, or court

shall, if the defendant is in custody, make and sign an order for

Oklahoma Statutes - Title 22. Criminal Procedure Page 405

discharge. The court, in its discretion, may prescribe by court

rule the conditions under which the court clerk or deputy court

clerk, or the sheriff or deputy sheriff, may prepare and execute an

order of release on behalf of the court.

B. No police officer or sheriff may release a person arrested

for a violation of an ex parte or final protective order as provided

in Sections 60.2 and 60.3 of this title, or arrested for an act

constituting domestic abuse as specified in Section 644 of Title 21

of the Oklahoma Statutes, or arrested for any act constituting

domestic abuse, stalking or harassment as defined by Section 60.1 of

this title, or arrested for an act constituting domestic assault and

battery or domestic assault and battery with a deadly weapon

pursuant to Section 644 of Title 21 of the Oklahoma Statutes,

without the violator appearing before a magistrate, judge or court.

To the extent that any of the following information is available to

the court, the magistrate, judge or court shall consider, in

addition to any other circumstances, before determining bond and

other conditions of release as necessary for the protection of the

alleged victim, the following:

1. Whether the person has a history of domestic violence or a

history of other violent acts;

2. The mental health of the person;

3. Whether the person has a history of violating the orders of

any court or governmental entity;

4. Whether the person is potentially a threat to any other

person;

5. Whether the person has a history of abusing alcohol or any

controlled substance;

6. Whether the person has access to deadly weapons or a history

of using deadly weapons;

7. The severity of the alleged violence that is the basis of

the alleged offense including, but not limited to:

a. the duration of the alleged violent incident,

b. whether the alleged violent incident involved serious

physical injury,

c. whether the alleged violent incident involved sexual

assault,

d. whether the alleged violent incident involved

strangulation,

e. whether the alleged violent incident involved abuse

during the pregnancy of the alleged victim,

f. whether the alleged violent incident involved the

abuse of pets, or

g. whether the alleged violent incident involved forcible

entry to gain access to the alleged victim;

Oklahoma Statutes - Title 22. Criminal Procedure Page 406

8. Whether a separation of the person from the alleged victim

or a termination of the relationship between the person and the

alleged victim has recently occurred or is pending;

9. Whether the person has exhibited obsessive or controlling

behaviors toward the alleged victim including, but not limited to,

stalking, surveillance, or isolation of the alleged victim;

10. Whether the person has expressed suicidal or homicidal

ideations; and

11. Any information contained in the complaint and any police

reports, affidavits, or other documents accompanying the complaint.

C. A person arrested for:

1. A violation of an ex parte or final protective order as

provided in Sections 60.2 and 60.3 of this title;

2. An act constituting domestic abuse, domestic assault and

battery or domestic assault and battery with a deadly weapon as

specified in Section 644 of Title 21 of the Oklahoma Statutes; or

3. An act constituting domestic abuse, stalking or harassment

as defined by Section 60.1 of this title,

shall not be eligible for a personal recognizance bond pursuant to

Section 1108.1 of this title.

D. No police officer or sheriff may release a person arrested

for any violation of subsection G of Section 2-401 of Title 63 of

the Oklahoma Statutes, without the violator appearing before a

magistrate, judge, or court. In determining bond and other

conditions of release, the magistrate, judge, or court shall

consider any evidence that the person is in any manner dependent

upon a controlled dangerous substance or has a pattern of regular,

illegal use of any controlled dangerous substance. A rebuttable

presumption that no conditions of release on bond would assure the

safety of the community or any person therein shall arise if the

state shows by clear and convincing evidence:

1. The person was arrested for a violation of subsection G of

Section 2-401 of Title 63 of the Oklahoma Statutes, relating to

manufacturing or attempting to manufacture a controlled dangerous

substance, or possessing any of the substances listed in subsection

G of Section 2-401 of Title 63 of the Oklahoma Statutes with the

intent to manufacture a controlled dangerous substance; and

2. The person is in any manner dependent upon a controlled

dangerous substance or has a pattern of regular illegal use of a

controlled dangerous substance, and the violation referred to in

paragraph 1 of this subsection was committed or attempted in order

to maintain or facilitate the dependence or pattern of illegal use

in any manner.

E. No police officer or sheriff may release a person arrested

for a second or subsequent violation of Section 11-902 of Title 47

of the Oklahoma Statutes, without the granting of bail by a

magistrate, court, judge, or on-call judge, whether by telephone or

Oklahoma Statutes - Title 22. Criminal Procedure Page 407

in person. In determining bond and other conditions of release, the

magistrate, judge, on-call judge or court shall consider any

evidence that the person is in any manner dependent upon alcohol or

a controlled dangerous substance or has a pattern of regular abuse

of alcohol or the illegal use of any controlled dangerous substance.

If the person was arrested for any crime provided for in Section 11-

902 of Title 47 of the Oklahoma Statutes, the court shall consider

the threat the person poses to the public safety and shall present

written findings on the bail amount.
Okla. Stat. tit. 22, § 22-1052 — OK Code / Title 22 / Section 22-1052
How governed
Status: in_force

An appeal from a judgment in a criminal action may be taken in

the manner and in the cases prescribed in this article.
Okla. Stat. tit. 22, § 22-462 — OK Code / Title 22 / Section 22-462
Defendant committed or bail increased after indictment or
Status: in_force

information.

When the indictment or information is for a felony, and the

defendant, before the finding thereof, has given bail for his

appearance to answer the charge, the court to which the indictment

or information is presented, or sent or removed for trial, may order

the defendant to be committed to actual custody, either without

bail, or unless he give bail in an increased amount, to be specified

in the order.
Okla. Stat. tit. 22, § 22-231 — OK Code / Title 22 / Section 22-231
Misdemeanors - Warrant for arrest - Complaint submitted to
Status: in_force

district attorney - Cost bond.

In all misdemeanor cases, before a warrant shall issue for the

arrest of the defendant the complaint must be submitted to the

district attorney, or drawn by him and indorsed as follows: "I have

examined the facts in this case and recommend that a warrant do

issue", and then filed with the court. If the action be brought

without such endorsement the complaining witness must file with the

court a bond to be approved by the court in a sum not less than

Fifty Dollars ($50.00), conditioned to pay all costs, and the county

shall in no event be liable for any costs incurred in that action,

unless the complaint be first so endorsed by the district attorney.
Okla. Stat. tit. 22, § 22-103 — OK Code / Title 22 / Section 22-103
Refusal to assist
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 114

If a person so commanded to aid the magistrates or officers

neglect to do so he is deemed one of the rioters and is punishable

accordingly.
Okla. Stat. tit. 22, § 22-56 — OK Code / Title 22 / Section 22-56
Limitation
Status: in_force

Security to keep the peace or to be of good behavior cannot be

required, except as prescribed in this article.
Okla. Stat. tit. 22, § 22-1404 — OK Code / Title 22 / Section 22-1404
Penalties for violating Section 1403 - Persons authorized
Status: in_force

to institute proceedings.

A. Any person convicted of violating any provision of Section

1403 of this title shall be guilty of a Class B1 felony offense and

shall be punished by a term of imprisonment in the custody of the

Department of Corrections of not less than ten (10) years and shall

not be eligible for a deferred sentence, probation, suspension, work

furlough, or release from confinement on any other basis until the

person has served one-half (1/2) of the sentence. A violation of

each of the provisions of Section 1403 of this title shall be a

separate offense.

B. In lieu of the fine authorized by the Oklahoma Racketeer-

Influenced and Corrupt Organizations Act, any person convicted of

violating any provision of Section 1403 of this title, through which

the person derived pecuniary value, or by which the person caused

personal injury, or property damage or other loss, may be sentenced

to pay a fine that does not exceed three times the gross value

gained or three times the gross loss caused, whichever is greater,

plus court costs and the costs of investigation and prosecution

reasonably incurred, less the value of any property ordered

forfeited pursuant to the provisions of subsection A of Section 1405

of this title. The district court shall hold a separate hearing to

determine the amount of the fine authorized by the provisions of

this subsection.

C. No person shall institute any proceedings, civil or

criminal, pursuant to the provisions of this act, except the

Attorney General, any district attorney or any district attorney

appointed under the provisions of Section 215.9 of Title 19 of the

Oklahoma Statutes.
Okla. Stat. tit. 22, § 22-303 — OK Code / Title 22 / Section 22-303
Subscription, endorsement and verification of information
Status: in_force

- Excusing endorsement.

A. The district attorney shall subscribe the district

attorney’s name to informations filed in the district court and

endorse thereon the names and last-known addresses of all the

witnesses known to the district attorney at the time of filing the

same, if intended to be called by the district attorney at a

preliminary examination or at trial. Thereafter, the district

attorney shall also endorse thereon the names and last-known

addresses of such other witnesses as may afterwards become known to

the district attorney, if they are intended to be called as

witnesses at a preliminary examination or at trial, at such time as

the court may by rule prescribe.

Upon filing of an application by the district attorney, notice

to defense counsel, and hearing establishing need for witness

protection or preservation of the integrity of evidence, the

district court may excuse witness endorsement, or some part thereof.

Such proceedings shall be conducted in camera, and the record shall

be sealed and filed in the office of the district court clerk, and

shall not be opened except by order of the district court.

B. Notwithstanding other provisions of law, when a law

enforcement officer issues a citation or ticket as the basis for a

complaint or information, for a violation of law declared to be a

misdemeanor, the citation or ticket shall be properly verified if:

1. The issuing officer subscribes the officer's signature on

the citation, ticket or complaint to the following statement:

"I, the undersigned issuing officer, hereby certify and

swear that I have read the foregoing information and know

the facts and contents thereof and that the facts

supporting the criminal charge stated therein are true."

Such a subscription by an issuing officer, in all respects, shall

constitute a sworn statement, as if sworn to upon an oath

administered by an official authorized by law to administer oaths;

and

2. The citation or ticket states the specific facts supporting

the criminal charge and the ordinance or statute alleged to be

violated; or

3. A complainant verifies by oath, subscribed on the citation,

ticket or complaint, that the complainant has read the information,

knows the facts and contents thereof and that the facts supporting

the criminal charge stated therein are true. For purpose of such an

oath and subscription, any law enforcement officer of the state or

of a county or municipality of the state issuing the citation,

ticket or complaint shall be authorized to administer the oath to

the complainant.

Oklahoma Statutes - Title 22. Criminal Procedure Page 150

C. As used in this section, the term “signature” shall include

a digital or electronic signature, as defined in Section 15-102 of

Title 12A of the Oklahoma Statutes.

R.L. 1910, § 5694. Amended by Laws 1980, c. 136, § 1, emerg. eff.

April 15, 1980; Laws 1991, c. 35, § 1, eff. Sept. 1, 1991; Laws

1992, c. 68, § 1, eff. Sept. 1, 1992; Laws 2004, c. 275, § 9, eff.

July 1, 2004; Laws 2008, c. 179, § 3, eff. Nov. 1, 2008.
Okla. Stat. tit. 22, § 22-1223.1 — OK Code / Title 22 / Section 22-1223.1
Electronically recorded oral statement - Transcription
Status: in_force

A magistrate may take an oral statement under oath which shall

at that time be recorded electronically and thereafter transcribed

by an official court reporter. The original recording and

transcription thereof shall become a part of and kept with the

official records of the case. The transcribed statement shall be

deemed to be an affidavit for the purposes of this section and

Section 1223 of Title 22 of the Oklahoma Statutes.

In such cases, the magistrate and the official court reporter

shall sign the transcription of the recording of the sworn

statement. Thereafter, the transcript shall be filed with the clerk

of the district court along with the original recording.
Okla. Stat. tit. 22, § 22-1078 — OK Code / Title 22 / Section 22-1078
Amount of bond - Time to make appeal bond - Stay pending
Status: in_force

appeal - Additional bond.

When bail is allowed, the court shall fix the amount of the

appeal bond and the time in which the bond shall be given in order

to stay the execution of the judgment pending the filing of the

appeal in the appellate court, and until such bond is made shall

hold the defendant in custody. If the bond be given in the time

fixed by the court, the execution of the judgment shall be stayed

during the time fixed by law for the filing of the appeal in the

appellate court. If the appeal is filed within the time provided by

law, then the bond shall stay the execution of the sentence during

the pendency of the appeal, subject to the power of the court to

require a new or additional bond when the same is by the court

deemed necessary. If the bond is not given within the time fixed,

or if given and the appeal not be filed in the appellate court

within the time provided by law, the judgment of the court shall

immediately be carried into execution.
Okla. Stat. tit. 22, § 22-576 — OK Code / Title 22 / Section 22-576
Trial before judge other than one who conducted
Status: in_force

preliminary examination.

The judge who conducts the preliminary examination shall not try

the case except with the consent of all parties.
Okla. Stat. tit. 22, § 22-406 — OK Code / Title 22 / Section 22-406
Misdescription of person injured or intended to be
Status: in_force

injured.

When an offense involves the commission of, or an attempt to

commit a private injury, and is described with sufficient certainty

Oklahoma Statutes - Title 22. Criminal Procedure Page 173

in other respects to identify the act, an erroneous allegation as to

the person injured, or intended to be injured, is not material.
Okla. Stat. tit. 22, § 22-914 — OK Code / Title 22 / Section 22-914
Form of verdict
Status: in_force

A general verdict upon a plea of not guilty, is either "guilty",

or "not guilty", which imports a conviction or acquittal of the

offense charged. Upon a plea of a former conviction or acquittal of

the same offense, it is either "for the state", or "for the

defendant". When the defendant is acquitted on the ground that he

was insane at the time of the commission of the act charged, the

verdict must be "not guilty by reason of insanity". When the

defendant is acquitted on the ground of variance between the charge

and the proof, the verdict must be "not guilty by reason of variance

between charge and proof".
Okla. Stat. tit. 22, § 22-255 — OK Code / Title 22 / Section 22-255
Disposition of defendant on adjournment
Status: in_force

If an adjournment be had for any cause, the magistrate must

commit the defendant for examination, or discharge him from custody

upon a sufficient bail, or upon the deposit of money as provided in

this code, as security for his appearance at the time to which the

examination is adjourned.
Okla. Stat. tit. 22, § 22-1054 — OK Code / Title 22 / Section 22-1054
Time for perfecting appeal - Original record and
Status: in_force

transcript - Notice to transmit - Indigent defendants.

A. In misdemeanor and felony cases the appeal must be perfected

within ninety (90) days from the date of the pronouncement of the

judgment and sentence. A transcript in both felony and misdemeanor

cases must be filed as hereinafter directed.

Oklahoma Statutes - Title 22. Criminal Procedure Page 365

B. It shall be the duty of the clerk of the court from which

notice of appeal has been given, and in which the original record

and transcript are to be filed, to notify the clerk of the Court of

Criminal Appeals when the original record and transcripts are

assembled for transmission to the Court of Criminal Appeals, and the

parties, or their counsel, have been advised to that effect. The

clerk of the Court of Criminal Appeals shall, within ten (10) days

after the receipt of the district court clerk's notice of the

completion of the record, issue a notice to transmit the original

and one certified copy of the appeal records to the clerk of the

Court of Criminal Appeals and one certified copy of the original

records and transcripts to either the Oklahoma Indigent Defense

System, pursuant to Section 1362 of this title, or the retained or

other appointed counsel of record on appeal.

C. When the Oklahoma Indigent Defense System or another

attorney has been appointed to represent an indigent defendant in an

application for post-conviction relief where the defendant has

received one or more sentences of death, the notice to the district

court clerk shall require a certified copy be sent to the Oklahoma

Indigent Defense System or the other attorney in addition to the

copy provided for direct appeal.

R.L. 1910, § 5991. Amended by Laws 1953, p. 98, § 1; Laws 1961, p.

238, § 1; Laws 1963, c. 107, § 1; Laws 1963, c. 355, § 1; Laws 1965,

c. 113, § 2, emerg. eff. May 19, 1965; Laws 1993, c. 298, § 5, eff.

July 1, 1993; Laws 1995, c. 256, § 2, eff. Nov. 1, 1995.
Okla. Stat. tit. 22, § 22-1091 — OK Code / Title 22 / Section 22-1091
Short title
Status: in_force

This act may be cited as the “Interstate Compact for Adult

Offender Supervision”.
Okla. Stat. tit. 22, § 22-991f-1.1 — OK Code / Title 22 / Section 22-991f-1.1
Restitution and Diversion Program - Evaluation of
Status: in_force

criminal complaints for deferred prosecution - Restitution agreement

- Definitions.

Oklahoma Statutes - Title 22. Criminal Procedure Page 344

A. Each district attorney shall create within the district

attorney’s office a Restitution and Diversion Program and assign

sufficient staff and resources for the efficient operation of such

program. The purpose of the Restitution and Diversion Program is to

allow the district attorney the discretion to divert criminal

complaints involving property crimes from criminal court and to

monitor restitution payments. At the discretion of the district

attorney, the program may be administered by the Bogus Check

Restitution Program operated by the county.

B. 1. Referral of a criminal complaint to the Restitution and

Diversion Program shall be at the discretion of the district

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

attorney to prosecute criminal complaints.

2. Upon receipt of a criminal complaint involving property, the

district attorney shall determine if the complaint is one which is

appropriate for deferred prosecution.

3. In determining whether to defer prosecution and refer a case

to the Restitution and Diversion Program, the district attorney

shall consider the following factors:

a. whether the criminal complaint alleges an offense

involving property,

b. whether the alleged offense was committed in an

aggressive, violent, premeditated or willful manner,

c. the prospects for adequate protection of the public if

the accused person is processed through deferred

prosecution in the Restitution and Diversion Program,

d. the number of criminal complaints against the

defendant previously received by the district

attorney,

e. whether or not there are other criminal complaints

currently pending against the defendant,

f. the strength of the evidence of the particular

criminal complaint, and

g. the wishes of the victim.

C. Upon referral of a complaint to the Restitution and

Diversion Program, a notice of the complaint shall be forwarded by

mail to the accused person. The notice shall contain:

1. The date the act which is the subject of the complaint

occurred;

2. The name of the victim;

3. The date before which the accused person must contact the

office of the district attorney concerning the complaint; and

4. A statement of the penalty for the crime which is the

subject of the complaint.

D. The district attorney may enter into a written agreement

with the accused person to defer prosecution on the criminal

complaint for a period to be determined by the district attorney,

Oklahoma Statutes - Title 22. Criminal Procedure Page 345

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

victim of the complaint and payment of necessary fees.

E. Each restitution agreement shall include a provision

requiring the accused person to pay to the district attorneys office

a fee equal to the amount which would have been assessed as court

costs upon the filing of the case in district court plus Twenty-five

Dollars ($25.00) for each criminal complaint covered by the

agreement. This fee may be deposited in a special fund with the

county treasurer to be known as the “Restitution and Diversion

Program Fund” or in the Bogus Check Restitution Fund. The monies

deposited in the Restitution and Diversion Program Fund shall be

used by the district attorney to make any lawful expenditure

associated with the district attorney’s office. The district

attorney shall keep records of all monies deposited to and disbursed

from these funds. The records of these funds shall be audited at

the same time the records of county funds are audited.

F. 1. Restitution to be paid by the accused person to the

victim shall include out-of-pocket expenses the victim incurred as a

direct result of the crime having been committed. A restitution

agreement may include provisions for restitution in an amount up to

treble the amount of property involved except such restitution shall

not apply to false or bogus checks. If, instead of paying

restitution directly to the victim, the accused person delivers

restitution funds to the office of the district attorney, the

district attorney shall deposit such funds in a depository account

in the office of the county treasurer to be disbursed to the victim

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

district attorney’s staff assigned to the Restitution and Diversion

Program. The district attorney shall keep full records of all

restitution monies received and disbursed. These records shall be

audited at the same time the county funds are audited;

2. If the accused person fails to comply with the provisions of

the Restitution and Diversion Program agreement, the district

attorney may file an information and proceed with the prosecution of

the accused person as provided by law.

G. Members of the district attorney’s staff shall perform

duties in connection with the Restitution and Diversion Program in

addition to any other duties which may be assigned by the district

attorney.

H. 1. District attorneys shall prepare and submit an annual

report to the District Attorneys Council showing total deposits and

total expenditures in the Restitution and Diversion Program.

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

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

Restitution and Diversion Program. A copy of the report shall be

distributed to the President Pro Tempore of the Senate and the

Speaker of the House of Representatives and the chairs of the House

Oklahoma Statutes - Title 22. Criminal Procedure Page 346

and Senate Appropriations Committees. Each district attorney shall

submit information requested by the District Attorneys Council

regarding the Restitution and Diversion Program. This report shall

include the number of cases processed, the total dollar amount for

which restitution was made, the total amount of the restitution

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

program, and such other information as required by the District

Attorneys Council.

I. For the purposes of the Restitution and Diversion Program,

the following definitions shall apply:

1. “Property Crime” shall include, but not be limited to the

following:

a. embezzlement offenses,

b. larceny offenses,

c. theft offenses,

d. malicious injury to property, and

e. any offense which results in economic loss, but does

not result in physical injury to another human being,

and which is not enumerated in Section 571 of Title 57

of the Oklahoma Statutes;

2. “Victim” is defined by Section 991f of this title;

3. “Restitution” is defined by Section 991f of this title; and

4. “Economic loss” is defined by Section 991f of this title.

J. The victim shall promptly provide to the Restitution and

Diversion Program all documentation and evidence of compensation or

reimbursement from insurance companies or agencies of this state,

any other state, or the federal government received as a direct

result of the crime for injury, loss of earnings or out-of-pocket

loss.
Okla. Stat. tit. 22, § 22-60.26 — OK Code / Title 22 / Section 22-60.26
Immunity from liability
Status: in_force

This state or a local governmental agency, or a law enforcement

officer, prosecuting attorney, clerk of court, or any state or local

governmental official acting in an official capacity, is immune from

civil and criminal liability for an act or omission arising out of

the registration or enforcement of a foreign protection order or the

detention or arrest of an alleged violator of a foreign protection

order if the act or omission was done in good faith in an effort to

comply with this act.
Okla. Stat. tit. 22, § 22-60.4v2 — OK Code / Title 22 / Section 22-60.4v2
Service of emergency ex parte order or emergency
Status: in_force

temporary order, petition for protective order and notice of hearing

- Full hearing - Final protective order.

A. 1. A copy of a petition for a protective order, any notice

of hearing and a copy of any emergency temporary order or emergency

ex parte order issued by the court shall be served upon the

defendant in the same manner as a bench warrant. In addition, if

the service is to be in another county, the court clerk may issue

service to the sheriff by facsimile or other electronic transmission

for service by the sheriff and receive the return of service from

the sheriff in the same manner. Any fee for service of a petition

for protective order, notice of hearing, and emergency ex parte

order shall only be charged pursuant to subsection C of Section 60.2

of this title and, if charged, shall be the same as the sheriff's

service fee plus mileage expenses.

2. Emergency temporary orders, emergency ex parte orders and

notice of hearings shall be given priority for service and can be

served twenty-four (24) hours a day when the location of the

defendant is known. When service cannot be made upon the defendant

by the sheriff, the sheriff may contact another law enforcement

officer or a private investigator or private process server to serve

the defendant.

3. An emergency temporary order, emergency ex parte order, a

petition for protective order, and a notice of hearing shall have

Oklahoma Statutes - Title 22. Criminal Procedure Page 77

statewide validity and may be transferred to any law enforcement

jurisdiction to effect service upon the defendant. The sheriff may

transmit the document by electronic means.

4. The return of service shall be submitted to the sheriff's

office or court clerk in the court where the petition, notice of

hearing or order was issued.

5. When the defendant is a minor child who is ordered removed

from the residence of the victim, in addition to those documents

served upon the defendant, a copy of the petition, notice of hearing

and a copy of any temporary order or ex parte order issued by the

court shall be delivered with the child to the caretaker of the

place where such child is taken pursuant to Section 2-2-101 of Title

10A of the Oklahoma Statutes.

B. 1. Within fourteen (14) days of the filing of the petition

for a protective order, the court shall schedule a full hearing on

the petition, if the court finds sufficient grounds within the scope

of the Protection from Domestic Abuse Act stated in the petition to

hold such a hearing, regardless of whether an emergency temporary

order or ex parte order has been previously issued, requested or

denied. Provided, however, when the defendant is a minor child who

has been removed from the residence pursuant to Section 2-2-101 of

Title 10A of the Oklahoma Statutes, the court shall schedule a full

hearing on the petition within seventy-two (72) hours, regardless of

whether an emergency temporary order or ex parte order has been

previously issued, requested or denied.

2. The court may schedule a full hearing on the petition for a

protective order within seventy-two (72) hours when the court issues

an emergency temporary order or ex parte order suspending child

visitation rights due to physical violence or threat of abuse.

3. If service has not been made on the defendant at the time of

the hearing, the court shall, at the request of the petitioner,

issue a new emergency order reflecting a new hearing date and direct

service to issue.

4. A petition for a protective order shall, upon the request of

the petitioner, renew every fourteen (14) days with a new hearing

date assigned until the defendant is served. A petition for a

protective order shall not expire unless the petitioner fails to

appear at the hearing or fails to request a new order. A petitioner

may move to dismiss the petition and emergency or final order at any

time; however, a protective order must be dismissed by court order.

5. Failure to serve the defendant shall not be grounds for

dismissal of a petition or an ex parte order unless the victim

requests dismissal or fails to appear for the hearing thereon.

6. A final protective order shall be granted or denied within

six (6) months of service on the defendant unless all parties agree

that a temporary protective order remain in effect; provided, a

Oklahoma Statutes - Title 22. Criminal Procedure Page 78

victim shall have the right to request a final protective order

hearing at any time after the passage of six (6) months.

C. 1. At the hearing, the court may impose any terms and

conditions in the protective order that the court reasonably

believes are necessary to bring about the cessation of domestic

abuse against the victim or stalking or harassment of the victim or

the immediate family of the victim but shall not impose any term and

condition that may compromise the safety of the victim including,

but not limited to, mediation, couples counseling, family

counseling, parenting classes or joint victim-offender counseling

sessions. The court may order the defendant to obtain domestic

abuse counseling or treatment in a program certified by the Attorney

General at the expense of the defendant pursuant to Section 644 of

Title 21 of the Oklahoma Statutes.

2. If the court grants a protective order and the defendant is

a minor child, the court shall order a preliminary inquiry in a

juvenile proceeding to determine whether further court action

pursuant to the Oklahoma Juvenile Code should be taken against a

juvenile defendant.

D. Final protective orders authorized by this section shall be

on a standard form developed by the Administrative Office of the

Courts.

E. 1. After notice and hearing, protective orders authorized

by this section may require the defendant to undergo treatment or

participate in the court-approved counseling services necessary to

bring about cessation of domestic abuse against the victim pursuant

to Section 644 of Title 21 of the Oklahoma Statutes but shall not

order any treatment or counseling that may compromise the safety of

the victim including, but not limited to, mediation, couples

counseling, family counseling, parenting classes or joint victim-

offender counseling sessions.

2. The defendant may be required to pay all or any part of the

cost of such treatment or counseling services. The court shall not

be responsible for such cost.

3. Should the plaintiff choose to undergo treatment or

participate in court-approved counseling services for victims of

domestic abuse, the court may order the defendant to pay all or any

part of the cost of such treatment or counseling services if the

court determines that payment by the defendant is appropriate.

F. When necessary to protect the victim and when authorized by

the court, protective orders granted pursuant to the provisions of

this section may be served upon the defendant by a peace officer,

sheriff, constable, or policeman or other officer whose duty it is

to preserve the peace, as defined by Section 99 of Title 21 of the

Oklahoma Statutes.

G. 1. Any protective order issued on or after November 1,

2012, pursuant to subsection C of this section shall be:

Oklahoma Statutes - Title 22. Criminal Procedure Page 79

a. for a fixed period not to exceed a period of five (5)

years unless extended, modified, vacated or rescinded

upon motion by either party or if the court approves

any consent agreement entered into by the plaintiff

and defendant; provided, if the defendant is

incarcerated, the protective order shall remain in

full force and effect during the period of

incarceration. The period of incarceration, in any

jurisdiction, shall not be included in the calculation

of the five-year time limitation, or

b. continuous upon a specific finding by the court of one

of the following:

(1) the person has a history of violating the orders

of any court or governmental entity,

(2) the person has previously been convicted of a

violent felony offense,

(3) the person has a previous felony conviction for

stalking as provided in Section 1173 of Title 21

of the Oklahoma Statutes,

(4) a court order for a final Victim Protection Order

has previously been issued against the person in

this state or another state, or

(5) the victim provides proof that a continuous

protective order is necessary for his or her

protection.

Further, the court may take into consideration whether the person

has a history of domestic violence or a history of other violent

acts. The protective order shall remain in effect until modified,

vacated or rescinded upon motion by either party or if the court

approves any consent agreement entered into by the plaintiff and

defendant. If the defendant is incarcerated, the protective order

shall remain in full force and effect during the period of

incarceration.

2. The court shall notify the parties at the time of the

issuance of the protective order of the duration of the protective

order.

3. Upon the filing of a motion by either party to modify,

extend, or vacate a protective order, a hearing shall be scheduled

and notice given to the parties. At the hearing, the issuing court

may take such action as is necessary under the circumstances.

4. If a child has been removed from the residence of a parent

or custodial adult because of domestic abuse committed by the child,

the parent or custodial adult may refuse the return of such child to

the residence unless, upon further consideration by the court in a

juvenile proceeding, it is determined that the child is no longer a

threat and should be allowed to return to the residence.

Oklahoma Statutes - Title 22. Criminal Procedure Page 80

H. 1. It shall be unlawful for any person to knowingly and

willfully seek a protective order against a spouse or ex-spouse

pursuant to the Protection from Domestic Abuse Act for purposes of

harassment, undue advantage, intimidation, or limitation of child

visitation rights in any divorce proceeding or separation action

without justifiable cause.

2. The violator shall, upon conviction thereof, be guilty of a

misdemeanor punishable by imprisonment in the county jail for a

period not exceeding one (1) year or by a fine not to exceed Five

Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

3. A second or subsequent conviction under this subsection

shall be a Class D3 felony offense punishable by imprisonment as

provided for in subsections B through F of Section 20P of Title 21

of the Oklahoma Statutes, or by a fine not to exceed Ten Thousand

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

I. 1. A protective order issued under the Protection from

Domestic Abuse Act shall not in any manner affect title to real

property, purport to grant to the parties a divorce or otherwise

purport to determine the issues between the parties as to child

custody, visitation or visitation schedules, child support or

division of property or any other like relief obtainable pursuant to

Title 43 of the Oklahoma Statutes, except child visitation orders

may be temporarily suspended or modified to protect from threats of

abuse or physical violence by the defendant or a threat to violate a

custody order. Orders not affecting title may be entered for good

cause found to protect an animal owned by either of the parties or

any child living in the household.

2. When granting any protective order for the protection of a

minor child from violence or threats of abuse, the court shall allow

visitation only under conditions that provide adequate supervision

and protection to the child while maintaining the integrity of a

divorce decree or temporary order.

J. 1. In order to ensure that a petitioner can maintain an

existing wireless telephone number or household utility account, the

court, after providing notice and a hearing, may issue an order

directing a wireless service provider or public utility provider to

transfer the billing responsibility for and rights to the wireless

telephone number or numbers of any minor children in the care of the

petitioning party or household utility account to the petitioner if

the petitioner is not the wireless service or public utility account

holder.

2. The order transferring billing responsibility for and rights

to the wireless telephone number or numbers or household utility

account to the petitioner shall list the name and billing telephone

number of the account holder, the name and contact information of

the person to whom the telephone number or numbers or household

utility account will be transferred and each telephone number or

Oklahoma Statutes - Title 22. Criminal Procedure Page 81

household utility to be transferred to that person. The court shall

ensure that the contact information of the petitioner is not

provided to the account holder in proceedings held under this

subsection.

3. Upon issuance, a copy of the final order of protection shall

be transmitted, either electronically or by certified mail, to the

registered agent of the wireless service provider or public utility

provider listed with the Secretary of State or Corporation

Commission of Oklahoma or electronically to the email address

provided by the wireless service provider or public utility

provider. Such transmittal shall constitute adequate notice for the

wireless service provider or public utility provider.

4. If the wireless service provider or public utility provider

cannot operationally or technically effectuate the order due to

certain circumstances, the wireless service provider or public

utility provider shall notify the petitioner. Such circumstances

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

a. the account holder has already terminated the account,

b. the differences in network technology prevent the

functionality of a mobile device on the network, or

c. there are geographic or other limitations on network

or service availability.

5. Upon transfer of billing responsibility for and rights to a

wireless telephone number or numbers or household utility account to

the petitioner under the provisions of this subsection by a wireless

service provider or public utility provider, the petitioner shall

assume all financial responsibility for the transferred wireless

telephone number or numbers or household utility account, monthly

service and utility billing costs and costs for any mobile device

associated with the wireless telephone number or numbers. The

wireless service provider or public utility provider shall have the

right to pursue the original account holder for purposes of

collecting any past due amounts owed to the wireless service

provider or public utility provider.

6. The provisions of this subsection shall not preclude a

wireless service provider or public utility provider from applying

any routine and customary requirements for account establishment to

the petitioner as part of this transfer of billing responsibility

for a household utility account or for a wireless telephone number

or numbers and any mobile devices attached to that number including,

but not limited to, identification, financial information and

customer preferences.

7. The provisions of this subsection shall not affect the

ability of the court to apportion the assets and debts of the

parties as provided for in law or the ability to determine the

temporary use, possession and control of personal property.

Oklahoma Statutes - Title 22. Criminal Procedure Page 82

8. No cause of action shall lie against any wireless service

provider or public utility provider, its officers, employees or

agents for actions taken in accordance with the terms of a court

order issued under the provisions of this subsection.

9. As used in this subsection:

a. "wireless service provider" means a provider of

commercial mobile service under Section 332(d) of the

federal Telecommunications Act of 1996,

b. "public utility provider" means every corporation

organized or doing business in this state that owns,

operates or manages any plant or equipment for the

manufacture, production, transmission, transportation,

delivery or furnishing of water, heat or light with

gas or electric current for heat, light or power, for

public use in this state, and

c. "household utility account" shall include utility

services for water, heat, light, power or gas that are

provided by a public utility provider.

K. 1. A court shall not issue any mutual protective orders.

2. If both parties allege domestic abuse by the other party,

the parties shall do so by separate petitions. The court shall

review each petition separately in an individual or a consolidated

hearing and grant or deny each petition on its individual merits.

If the court finds cause to grant both motions, the court shall do

so by separate orders and with specific findings justifying the

issuance of each order.

3. The court may only consolidate a hearing if:

a. the court makes specific findings that:

(1) sufficient evidence exists of domestic abuse,

stalking, harassment or rape against each party,

and

(2) each party acted primarily as aggressors,

b. the defendant filed a petition with the court for a

protective order no less than three (3) days, not

including weekends or holidays, prior to the first

scheduled full hearing on the petition filed by the

plaintiff, and

c. the defendant had no less than forty-eight (48) hours

of notice prior to the full hearing on the petition

filed by the plaintiff.

L. The court may allow a plaintiff or victim to be accompanied

by a victim support person at court proceedings. A victim support

person shall not make legal arguments; however, a victim support

person who is not a licensed attorney may offer the plaintiff or

victim comfort or support and may remain in close proximity to the

plaintiff or victim.

Oklahoma Statutes - Title 22. Criminal Procedure Page 83
Okla. Stat. tit. 22, § 22-1402 — OK Code / Title 22 / Section 22-1402
Definitions
Status: in_force

As used in the Oklahoma Racketeer-Influenced and Corrupt

Organizations Act:

1. "Beneficial interest" includes:

a. the interest of a person as a beneficiary pursuant to

a trust, in which the trustee holds legal title to

personal or real property, or

Oklahoma Statutes - Title 22. Criminal Procedure Page 536

b. the interest of a person as a beneficiary pursuant to

any other arrangement under which any other person

holds legal title to personal or real property for the

benefit of such person.

The term beneficial interest does not include the interest of a

stockholder in a corporation or the interest of a partner in either

a general or limited partnership;

2. "Enterprise" includes any individual, sole proprietorship,

partnership, corporation, trust, governmental entity, or other legal

entity, or any union, association, unincorporated association or

group of persons, associated in fact although not a legal entity,

involved in any lawful or unlawful project or undertaking or any

foreign organization that the United States Secretary of State has

designated a foreign terrorist organization pursuant to Title 8

U.S.C.A., Section 1189;

3. "Innocent party" includes bona fide purchasers and victims;

4. "Lien notice" means the notice pursuant to the provisions of

Section 1412 of this title;

5. "Pattern of racketeering activity" means two or more

occasions of conduct:

a. that include each of the following:

(1) constitute racketeering activity,

(2) are related to the affairs of the enterprise,

(3) are not isolated, and

(4) are not so closely related to each other and

connected in point of time and place that they

constitute a single event, and

b. where each of the following is present:

(1) at least one of the occasions of conduct occurred

after November 1, 1988,

(2) the last of the occasions of conduct occurred

within three (3) years, excluding any period of

imprisonment served by any person engaging in the

conduct, of a prior occasion of conduct, and

(3) for the purposes of Section 1403 of this title

each of the occasions of conduct constituted a

felony pursuant to the laws of this state;

6. "Pecuniary value" means:

a. anything of value in the form of money, a negotiable

instrument, or a commercial interest, or anything

else, the primary significance of which is economic

advantage, or

b. any other property or service that has a value in

excess of One Hundred Dollars ($100.00);

7. "Person" means any individual or entity holding or capable

of holding a legal or beneficial interest in property;

Oklahoma Statutes - Title 22. Criminal Procedure Page 537

8. "Personal property" includes any personal property, or any

interest in such personal property, or any right, including bank

accounts, debts, corporate stocks, patents or copyrights. Personal

property and beneficial interest in personal property shall be

deemed to be located where the trustee, the personal property, or

the instrument evidencing the right is located;

9. "Principal" means a person who engages in conduct

constituting a violation of the Oklahoma Racketeer-Influenced and

Corrupt Organizations Act or who is legally accountable for the

conduct of another who engages in a violation of the Oklahoma

Racketeer-Influenced and Corrupt Organizations Act;

10. "Racketeering activity" means engaging in, attempting to

engage in, conspiring to engage in, or soliciting, coercing, or

intimidating another person to engage in any conduct which is

chargeable or indictable as constituting a felony violation of one

or more of the following provisions of the Oklahoma Statutes,

regardless of whether such act is in fact charged or indicted:

a. relating to homicide pursuant to the provisions of

Section 651, 652, 653, 701.7, 701.8, 701.16, 711 or

716 of Title 21 of the Oklahoma Statutes or relating

to concealment of homicidal death pursuant to the

provisions of Section 543 of Title 21 of the Oklahoma

Statutes,

b. relating to kidnapping pursuant to the provisions of

Section 741, 745, 891 or 1119 of Title 21 of the

Oklahoma Statutes,

c. relating to sex offenses pursuant to the provisions of

Section 886, 888, 1021, 1021.2, 1021.4, 1024.2, 1111,

1111.1, 1114 or 1123 of Title 21 of the Oklahoma

Statutes,

d. relating to bodily harm pursuant to the provisions of

Section 645, 650, 650.2, 1289.16, 1302, 1303 or 1767.1

of Title 21 of the Oklahoma Statutes,

e. relating to theft, where the offense constitutes a

felony, pursuant to the provisions of Section 1704,

1707, 1708, 1709, 1710, 1711, 1713, 1716, 1719, 1720,

1721, 1722, 1723 or 1731 of Title 21 of the Oklahoma

Statutes,

f. relating to forgery pursuant to the provisions of

Section 1561, 1562, 1571, 1572, 1574, 1575, 1577,

1578, 1579, 1580, 1581, 1582, 1583, 1584, 1585, 1586,

1587, 1588, 1589, 1590, 1591 or 1593 of Title 21 of

the Oklahoma Statutes,

g. relating to robbery pursuant to the provisions of

Section 797, 800 or 801 of Title 21 of the Oklahoma

Statutes,

Oklahoma Statutes - Title 22. Criminal Procedure Page 538

h. relating to burglary pursuant to the provisions of

Section 1431, 1435 or 1437 of Title 21 of the Oklahoma

Statutes,

i. relating to arson pursuant to the provisions of

Section 1368, 1401, 1402, 1403 or 1404 of Title 21 of

the Oklahoma Statutes,

j. relating to use or possession of a firearm or other

offensive weapon while committing or attempting to

commit a felony pursuant to the provisions of Section

1287, 1289.20 or 1289.21 of Title 21 of the Oklahoma

Statutes,

k. relating to gambling pursuant to the provisions of

Section 941, 942, 944, 945, 946, 948, 954, 956, 957,

969, 970, 971, 981, 982, 983, 984, 985, 986, 987, or

991 of Title 21 of the Oklahoma Statutes,

l. relating to bribery in contests pursuant to the

provisions of Section 399 or 400 of Title 21 of the

Oklahoma Statutes,

m. relating to interference with public officers pursuant

to the provisions of Section 434, 436, 437, 438, 439,

440, 441, 443, 444, 521, 522, 532, 540, 543, 545 or

546 of Title 21 of the Oklahoma Statutes,

n. relating to interference with judicial procedure

pursuant to the provisions of Section 388, 453, 455,

456, 491, 496 or 504 of Title 21 of the Oklahoma

Statutes,

o. relating to official misconduct pursuant to the

provisions of Section 380, 381, 382, 383, 384, 385,

386, 389, 390, 950 or 976 of Title 21 of the Oklahoma

Statutes, or Section 3404 of Title 74 of the Oklahoma

Statutes,

p. relating to the Uniform Controlled Dangerous

Substances Act, where the offense constitutes a

felony, pursuant to the provisions of Section 2-101 et

seq. of Title 63 of the Oklahoma Statutes,

q. relating to automobile theft pursuant to the

provisions of Section 4-102, 4-103, 4-107, 4-108, 4-

109 or 4-110 of Title 47 of the Oklahoma Statutes,

r. relating to embezzlement pursuant to the provisions of

Section 1412 of Title 6 of the Oklahoma Statutes,

Section 641 of Title 19 of the Oklahoma Statutes,

Section 341, 531 or 1451 of Title 21 of the Oklahoma

Statutes, Section 5-135 of Title 37A of the Oklahoma

Statutes, Section 1025 of Title 64 of the Oklahoma

Statutes or Section 1361 of Title 68 of the Oklahoma

Statutes,

Oklahoma Statutes - Title 22. Criminal Procedure Page 539

s. relating to extortion, where the offense constitutes a

felony, pursuant to the provisions of Section 1304,

1481, 1482, 1485, 1486 or 1488 of Title 21 of the

Oklahoma Statutes,

t. relating to fraud, where the offense constitutes a

felony, pursuant to the provisions of Section 208.6,

208.7 or 208.8 of Title 3A of the Oklahoma Statutes,

Section 753 of Title 15 of the Oklahoma Statutes,

Section 552.14a of Title 18 of the Oklahoma Statutes,

Section 358, 1411, 1412, 1413, 1414, 1415, 1416, 1503,

1521, 1541.1, 1541.2, 1541.3, 1542, 1543, 1544,

1550.2, 1550.22, 1550.23, 1550.24, 1550.25, 1550.26,

1550.27, 1550.28, 1550.29, 1550.30, 1550.31, 1550.32,

1632, 1635 or 1662 of Title 21 of the Oklahoma

Statutes, Section 243 of Title 56 of the Oklahoma

Statutes, or Section 604 of Title 62 of the Oklahoma

Statutes,

u. relating to conspiracy, where the offense constitutes

a felony, pursuant to the provisions of Section 421,

422 or 424 of Title 21 of the Oklahoma Statutes,

v. relating to prostitution, pornography or obscenity

pursuant to the provisions of Section 1021, 1040.52,

1081, 1085, 1086, 1087 or 1088 of Title 21 of the

Oklahoma Statutes,

w. relating to the Oklahoma Alcoholic Beverage Control

Act, where the offense constitutes a felony, pursuant

to the provisions of Section 1-101 et seq. of Title

37A of the Oklahoma Statutes,

x. relating to the Oklahoma Uniform Securities Act of

2004, where the offense constitutes a felony, pursuant

to the provisions of Sections 1-101 through 1-701 of

Title 71 of the Oklahoma Statutes,

y. relating to human trafficking or trafficking in

children pursuant to the provisions of Section 748,

866 or 867 of Title 21 of the Oklahoma Statutes,

z. relating to illegal aliens pursuant to the provisions

of Section 446 of Title 21 of the Oklahoma Statutes,

aa. relating to organized voter fraud pursuant to the

provisions of Section 16-102, 16-102.1, 16-102.2, 16-

103, 16-103.l, 16-104, 16-105, 16-106, 16-113, 16-120

or 16-123.1 of Title 26 of the Oklahoma Statutes,

bb. relating to terrorism and terrorist activities

pursuant to the provisions of the Sabotage Prevention

Act or the Oklahoma Antiterrorism Act,

cc. relating to the neglect, abuse, or exploitation of

elderly persons or disabled adults pursuant to the

Oklahoma Statutes - Title 22. Criminal Procedure Page 540

provisions of Sections 843.1 and 843.4 of Title 21 of

the Oklahoma Statutes,

dd. relating to computer crimes pursuant to the provisions

of Sections 1953 and 1958 of Title 21 of the Oklahoma

Statutes,

ee. relating to unlawful proceeds pursuant to the

provisions of Section 2001 of Title 21 of the Oklahoma

Statutes,

ff. relating to insurance fraud pursuant to the provisions

of Section 311.1 of Title 36 of the Oklahoma Statutes,

gg. relating to workers' compensation fraud pursuant to

the provisions of Section 1663 of Title 21 of the

Oklahoma Statutes,

hh. relating to unlawful assemblies pursuant to the

provisions of Section 1320.3 of Title 21 of the

Oklahoma Statutes, or

ii. relating to Medicaid fraud pursuant to the provisions

of Sections 1005 and 1005.1 of Title 56 of the

Oklahoma Statutes.

In addition, "racketeering activity" may be proven by proof of

engaging in, attempting to engage in, conspiring to engage in, or

soliciting, coercing, or intimidating another person to engage in

any of the above described conduct within another state, regardless

of whether said conduct is chargeable or indictable in that state;

11. "Real property" means any real property or any interest in

real property, including any lease of, or mortgage upon real

property. Real property and beneficial interest in real property

shall be deemed to be located where the real property is located;

12. "Trustee" includes trustees, a corporate as well as a

natural person and a successor or substitute trustee in accordance

with the Oklahoma Trust Act; and

13. "Unlawful debt" means any money or other thing of value

constituting principal or interest of a debt that is unenforceable

in the courts of Oklahoma, because the debt was incurred or

contracted in violation of a law relating to the business of

gambling activity or in violation of federal or state law but does

not include any debt owed to a bank, savings and loan association,

credit union or supervised lender licensed by the Oklahoma

Administrator of Consumer Credit or to any debt referred or assigned

to a debt collection agency, which referral or assignment is

accepted in good faith by the debt collection agency as a debt

collectible under the Uniform Commercial Code or other laws of this

state and enforceable in the courts of this state.
Okla. Stat. tit. 22, § 22-136 — OK Code / Title 22 / Section 22-136
Acceptance of plea of guilty or nolo contendere upon
Status: in_force

waiver of venue and consent thereto - Judgments.

If, in any criminal proceeding, the accused enters a plea of

guilty or nolo contendere and waives his venue rights by express

written waiver, and upon consent of the prosecuting attorneys of

both the disposition county and the originating venue county, any

judge in any district court is authorized to accept such plea for an

offense committed in any county charged by complaint, indictment,

information or other equivalent pleading, and may dispose of the

offense or offenses set out in such pleadings. An exemplified copy

of the judgment shall constitute a judgment on the merits in the

case in the court or courts of the originating venue county or

counties.
Okla. Stat. tit. 22, § 22-891 — OK Code / Title 22 / Section 22-891
Jury room - Expenses of providing, a county charge
Status: in_force

A room must be provided by the board of commissioners of a

county for the use of the jury, upon their retirement for

Oklahoma Statutes - Title 22. Criminal Procedure Page 253

deliberation, with suitable furniture, fuel, lights and stationery.

If the commissioners neglect, the court may order the sheriff to do

so, and the expenses incurred by him in carrying the order into

effect, when certified by the court, are a county charge.
Okla. Stat. tit. 22, § 22-40.7 — OK Code / Title 22 / Section 22-40.7
Expert testimony - Admissibility
Status: in_force

In an action in a court of this state, if a party offers

evidence of domestic abuse, testimony of an expert witness

including, but not limited to, the effects of such domestic abuse on

the beliefs, behavior and perception of the person being abused

shall be admissible as evidence.
Okla. Stat. tit. 22, § 22-920 — OK Code / Title 22 / Section 22-920
Judgment when jury persist in informal verdict
Status: in_force

If the jury persist in finding an informal verdict, from which,

however, it can be clearly understood that their intention is to

find in favor of the defendant upon the issue, it must be entered in

the terms in which it is found, and the court must give judgment of

acquittal. But no judgment of conviction can be given unless the

jury expressly find against the defendant, upon the issue, or

judgment be given against him on a special verdict.
Okla. Stat. tit. 22, § 22-727 — OK Code / Title 22 / Section 22-727
Constitutionality
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

Oklahoma Statutes - Title 22. Criminal Procedure Page 227

affect other provisions or applications of the act which can be

given effect without the invalid provisions or applications, and to

this end the provisions of this act are declared to be severable.
Okla. Stat. tit. 22, § 22-1189 — OK Code / Title 22 / Section 22-1189
Defendant to answer, when
Status: in_force

If an objection to the sufficiency of the accusation be not

sustained the defendant must answer the accusation forthwith.
Okla. Stat. tit. 22, § 22-592 — OK Code / Title 22 / Section 22-592
Trial jury - How formed
Status: in_force

Trial juries for criminal actions may also be formed in the same

manner as trial juries in civil actions.
Okla. Stat. tit. 22, § 22-40.3 — OK Code / Title 22 / Section 22-40.3
Emergency temporary order of protection
Status: in_force

A. When the court is not open for business, the victim of

domestic violence, stalking, harassment, rape, forcible sodomy, a

sex offense, kidnapping or assault and battery with a deadly weapon

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

may request a petition for an emergency temporary order of

protection. The peace officer making the preliminary investigation

shall:

1. Provide the victim or member of the immediate family of a

victim of first-degree murder with a petition for an emergency

temporary order of protection and, if necessary, assist the victim

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

in completing the petition form. The petition shall be in

substantially the same form as provided by Section 60.2 of this

title for a petition for protective order in domestic abuse cases;

2. Immediately notify, by telephone or otherwise, a judge of

the district court of the request for an emergency temporary order

of protection and describe the circumstances. The judge shall

inform the peace officer of the decision to approve or disapprove

the emergency temporary order;

3. Inform the victim or member of the immediate family of a

victim of first-degree murder whether the judge has approved or

disapproved the emergency temporary order. If an emergency

temporary order has been approved, the peace officer shall provide

the victim, or a responsible adult if the victim is a minor child or

Oklahoma Statutes - Title 22. Criminal Procedure Page 52

an incompetent person or member of the immediate family of a victim

of first-degree murder, with a copy of the petition and a written

statement signed by the peace officer attesting that the judge has

approved the emergency temporary order of protection;

4. Notify the person subject to the emergency temporary

protection order of the issuance and conditions of the order, if

known. Notification pursuant to this paragraph may be made

personally by the peace officer upon arrest or, upon identification

of the assailant, notice shall be given by any law enforcement

officer. A copy of the petition and the statement of the peace

officer attesting to the order of the judge shall be made available

to the person; and

5. Make every attempt to serve the subject of the order and

complete a return of service when filing the petition with the

district court. If the peace officer is unable to obtain service,

the petition shall be filed by a peace officer with the district

court the next business day. The court clerk shall receive the

petition upon delivery by the peace officer and document the hearing

date and time assigned to the case as documented by the peace

officer. If the court clerk observes that service has not been

obtained, the petition shall still be filed by the court clerk and

issued to the appropriate office of the county sheriff to obtain

service with priority.

B. The forms utilized by law enforcement agencies in carrying

out the provisions of this section may be substantially similar to

those used under Section 60.2 of this title.
Okla. Stat. tit. 22, § 22-60.29 — OK Code / Title 22 / Section 22-60.29
Application to orders issued before November 1, 2008
Status: in_force

Oklahoma Statutes - Title 22. Criminal Procedure Page 110

This act applies to protection orders issued before November 1,

2008, and to continuing actions for enforcement of foreign

protection orders commenced before November 1, 2008. A request for

enforcement of a foreign protection order made on or after November

1, 2008, for violations of a foreign protection order occurring

before November 1, 2008, is governed by this act.
Okla. Stat. tit. 22, § 22-19 — OK Code / Title 22 / Section 22-19
Sealing and unsealing of records - Procedure
Status: in_force

A. Any person qualified under Section 18 of this title may

petition the district court of the district in which the arrest

information pertaining to the person is located for the sealing of

all or any part of the record, except basic identification

information.

B. The process for the automatic expungement of a clean slate

eligible arrest record as defined in subsection C of Section 18 of

this title is as follows:

1. On a monthly basis, the Oklahoma State Bureau of

Investigation shall identify arrest records which are clean slate

eligible by conducting a search of the criminal history repository

records of the Bureau;

2. The Bureau shall, on a monthly basis, provide a list of

clean slate eligible arrest records to the prosecuting agency and

the arresting agency;

3. The prosecuting agency, arresting agency, and the Bureau

may, no later than forty-five (45) days from the day on which the

notice described in paragraph 2 of this subsection is transmitted,

object to an automatic expungement and such objection shall be

transmitted to all parties. An objection may be made for any of the

following reasons:

a. after reviewing the agency record, the agency believes

the arrest record does not meet the definition of a

clean slate eligible arrest record,

b. the individual has not paid court-ordered restitution

to the victim, or

c. the agency has a reasonable belief, grounded in

supporting facts, that an individual with a clean

slate eligible arrest record is continuing to engage

in criminal activity, whether charged or not charged,

within or outside the state;

Oklahoma Statutes - Title 22. Criminal Procedure Page 37

4. If an agency identified in paragraph 3 of this subsection

objects for a reason described in paragraph 3 of this subsection

within forty-five (45) days of the day on which the notice described

in paragraph 2 of this subsection is transmitted, the record shall

not be expunged. Once a year, the Bureau shall electronically

submit a report to the Legislature with a list of all cases where a

record was not expunged pursuant to this paragraph; and

5. After forty-five (45) days pass from the day on which the

notice described in paragraph 2 of this subsection is sent, the

Bureau shall provide to the courts a list of all cases where

responses from all parties were received and no parties objected.

The court shall review this list and provide to all agencies that

have criminal history records a signed expungement order for all

cases approved. Upon receipt of a signed expungement order, each

agency shall seal the relevant records.

The Bureau and the Supreme Court may promulgate rules to govern

the process for automatic expungement of records for a clean slate

eligible arrest record in accordance with this subsection.

C. 1. Nothing in this section precludes an individual from

filing a petition for expungement of records that are eligible for

automatic expungement under subsection C of Section 18 of this title

if an automatic expungement has not occurred pursuant to subsection

B of this section.

2. An individual does not have a cause of action for damages as

a result of the failure of the Bureau to identify an arrest record

as eligible for automatic expungement.

D. An automatic expungement granted under subsection B of this

section does not preclude an individual from requesting the

unsealing of records in accordance with subsection P of this

section.

E. Upon the filing of a petition or entering of a court order

as prescribed in subsection A of this section, the court shall set a

date for a hearing and shall provide thirty (30) days of notice of

the hearing to the prosecuting agency, the arresting agency, the

Oklahoma State Bureau of Investigation, and any other person or

agency whom the court has reason to believe may have relevant

information related to the sealing of such record.

F. If a petitioner requests expungement for multiple offenses

in one county, each of which would qualify for expungement if

processed sequentially, the expungements may be considered under a

single petition. The petitioner shall not be required to submit

multiple petitions to accomplish the sequential sealing of multiple

offenses in a single county.

G. Upon a finding that the harm to privacy of the person in

interest or dangers of unwarranted adverse consequences outweigh the

public interest in retaining the records, the court may order such

records, or any part thereof except basic identification

Oklahoma Statutes - Title 22. Criminal Procedure Page 38

information, to be sealed. If the court finds that neither sealing

of the records nor maintaining of the records unsealed by the agency

would serve the ends of justice, the court may enter an appropriate

order limiting access to such records.

Any order entered under this subsection shall specify those

agencies to which such order shall apply. Any order entered

pursuant to this subsection may be appealed by the petitioner, the

prosecuting agency, the arresting agency, or the Oklahoma State

Bureau of Investigation to the Supreme Court in accordance with the

rules of the Supreme Court. In all such appeals, the Oklahoma State

Bureau of Investigation is a necessary party and must be given

notice of the appellate proceedings.

H. Upon the entry of an order to seal the records, or any part

thereof, or upon an automatic expungement described in subsection B

of this section, the subject official actions shall be deemed never

to have occurred, and the person in interest and all criminal

justice agencies may properly reply, upon any inquiry in the matter,

that no such action ever occurred and that no such record exists

with respect to such person.

I. Inspection of the records included in the order may

thereafter be permitted by the court only upon petition by the

person in interest who is the subject of such records, the Attorney

General, or by the prosecuting agency and only to those persons and

for such purposes named in such petition.

J. Employers, educational institutions, state and local

government agencies, officials, and employees shall not, in any

application or interview or otherwise, require an applicant to

disclose any information contained in sealed records. An applicant

need not, in answer to any question concerning arrest and criminal

records, provide information that has been sealed, including any

reference to or information concerning such sealed information and

may state that no such action has ever occurred. Such an

application may not be denied solely because of the refusal of the

applicant to disclose arrest and criminal records information that

has been sealed.

K. All arrest and criminal records information existing prior

to May 14, 1987, except basic identification information, is also

subject to sealing in accordance with subsection G of this section.

L. Nothing in this section shall be construed to authorize the

physical destruction of any criminal justice records.

M. For the purposes of this section, sealed materials which are

recorded in the same document as unsealed material may be recorded

in a separate document, and sealed, then obliterated in the original

document.

N. For the purposes of this section, district court index

reference of sealed material shall be destroyed, removed or

obliterated.

Oklahoma Statutes - Title 22. Criminal Procedure Page 39

O. Any record ordered to be sealed pursuant to this section, if

not unsealed within ten (10) years of the expungement order, may be

obliterated or destroyed at the end of the ten-year period.

P. Subsequent to records being sealed as provided herein, the

prosecuting agency, the arresting agency, the Oklahoma State Bureau

of Investigation, or other interested person or agency may petition

the court for an order unsealing such records. Upon filing of a

petition, the court shall set a date for hearing, which hearing may

be closed at the discretion of the court, and shall provide thirty

(30) days of notice to all interested parties. If, upon hearing,

the court determines there has been a change of conditions or that

there is a compelling reason to unseal the records, the court may

order all or a portion of the records unsealed.

Q. Nothing herein shall prohibit the introduction of evidence

regarding actions sealed pursuant to the provisions of this section

at any hearing or trial for purposes of impeaching the credibility

of a witness or as evidence of character testimony pursuant to

Section 2608 of Title 12 of the Oklahoma Statutes.

R. If a person qualifies for an expungement under the

provisions of paragraph 3 of subsection A of Section 18 of this

title and the petition for expungement is granted by the court, the

court shall order the reimbursement of all filing fees and court

costs incurred by the petitioner as a result of filing the

expungement request.

S. If a person qualifies for an expungement under the

provisions of paragraph 3 or 4 of subsection A of Section 18 of this

title, the person may request a hearing be set within thirty (30)

days after the date of filing the petition for expungement. The

court shall grant the request for the hearing and shall provide a

notice of no less than ten (10) days for said hearing to the

prosecuting agency, the arresting agency, the Oklahoma State Bureau

of Investigation, and any other person or agency whom the court has

reason to believe may have relevant information related to the

sealing of such record. Any order entered pursuant to the

provisions of this subsection shall be subject to the provisions of

subsections F through P of this section.

T. Any offense that has been expunged shall not be treated as a

prior offense in determining whether another offense qualifies for

an expungement under Section 18 of this title.
Okla. Stat. tit. 22, § 22-1346 — OK Code / Title 22 / Section 22-1346
Appropriate court - Definition
Status: in_force

As used in this act, "appropriate court", with respect to the

United States, means the courts of the United States and, with

respect to this state, the courts of Oklahoma in which inictments,

informations or complaints for which disposition is sought are

pending.