reglab/housing_qa huggingface dataset:
22 OK Stat § 22-1364 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1364. Notice - Appointment to perfect appeal - Transfer of documents.

|It shall be the responsibility of the appropriate judge of the district court to notify the Oklahoma Indigent Defense System of any appointment of the System to perfect an appeal pursuant to the Indigent Defense Act within three (3) days after such appointment. The appointment order shall state the nature of the appeal. The appropriate judge of the district court shall send all necessary documents to insure perfection of the appeal to the Oklahoma Indigent Defense System within the time prescribed in the Rules of the Court of Criminal Appeals or under applicable statutes. |Added by Laws 1981, c. 207, § 10, emerg. eff. May 26, 1981. Amended by Laws 1992, c. 303, § 17, eff. July 1, 1992; Laws 1994, c. 328, § 8, eff. July 1, 1994; Laws 1996, c. 301, § 14, eff. July 1, 1996.
22 OK Stat § 22-1365 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1365. Costs and fees.

|All necessary transcript costs and court fees required for perfecting appeals for indigents pursuant to the Indigent Defense Act shall be paid by the defendant if the defendant is financially able to do so. Otherwise, the costs shall be paid from the court fund of the county in which the defendant was convicted. |Added by Laws 1981, c. 207, § 11, emerg. eff. May 26, 1981. Amended by Laws 2001, c. 210, § 17, eff. July 1, 2001.
22 OK Stat § 22-1366 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1366. Time period for appointment of counsel.

|The appointment of counsel pursuant to the provisions of the Indigent Defense Act shall commence for indigent criminal defendants on or subsequent to July 1, 1992 for noncapital cases and on July 1, 1991 for capital cases. |Added by Laws 1981, c. 207, § 12, emerg. eff. May 26, 1981. Amended by Laws 1988, c. 253, § 7, operative July 1, 1988; Laws 1991, c. 238, § 20, eff. July 1, 1991; Laws 1992, c. 303, § 18, eff. July 1, 1992.
22 OK Stat § 22-1367 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1367. Volunteers - Liability for professional services.

|Any member of the Oklahoma Bar Association who volunteers professional legal services without compensation for purposes of providing trial or appellate legal defense services to an indigent defendant shall not be subject to any liability for volunteered professional services that are performed in conjunction with the representation of said indigent defendant. |Added by Laws 1992, c. 303, § 19, eff. July 1, 1992.
22 OK Stat § 22-1368 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1368. Indigent Defense System Revolving Fund.

|There is hereby created in the State Treasury a revolving fund for the Oklahoma Indigent Defense System to be designated the "Indigent Defense System Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of federal funds, grants, gifts and such other funds as are provided by law. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Board to defray expenses relating to the performance of duties imposed upon the Oklahoma Indigent Defense System by law. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. |Added by Laws 1988, c. 253, § 8, operative July 1, 1988. Amended by Laws 1991, c. 238, § 21, eff. July 1, 1991; Laws 2012, c. 304, § 93.
22 OK Stat § 22-1369 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1369. Contract Retention Revolving Fund.

|There is hereby created in the State Treasury a revolving fund for the Oklahoma Indigent Defense System, to be designated the "Contract Retention Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies retained by the Indigent Defense System, pursuant to the provisions of Section 1355.8 of this title. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Indigent Defense System for the purpose of making contract payments pursuant to paragraph 2 of subsection G of Section 1355.8 of this title. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. |Added by Laws 1993, c. 298, § 9, eff. July 1, 1993. Amended by Laws 2001, c. 210, § 18, eff. July 1, 2001; Laws 2012, c. 304, § 94.
22 OK Stat § 22-1370.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1370.1. Forensic Testing Revolving Fund.

|There is hereby created in the State Treasury a revolving fund for the Oklahoma Indigent Defense System, to be designated the "Forensic Testing Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of all funds appropriated by the Legislature to the fund or monies received from any political subdivision of the State of Oklahoma as reimbursements or recovery for forensic testing. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Indigent Defense System for the purpose of providing forensic testing. Expenditures shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. |Added by Laws 2001, c. 418, § 1, emerg. eff. June 5, 2001. Amended by Laws 2012, c. 304, § 95.
22 OK Stat § 22-1371 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1371. Short title - Program duration.

|A. Sections 1 through 3 of this act shall be known and may be cited as the "DNA Forensic Testing Act". |B. There is hereby created the Oklahoma Indigent Defense System DNA Forensic Testing Program to continue until July 1, 2005.Added by Laws 2000, c. 276, § 1, eff. July 1, 2000.
22 OK Stat § 22-1371.2 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1371.2. Indigent person may request services of Oklahoma Indigent Defense System DNA Forensic Testing Program.

|An indigent person convicted of, and presently incarcerated on, any felony offense upon which the testing is sought, who alleges a claim of entitlement to forensic testing for purposes of demonstrating factual innocence may request the services of the Oklahoma Indigent Defense System DNA Forensic Testing Program pursuant to the DNA Forensic Testing Act. |Added by Laws 2000, c. 276, § 3, eff. July 1, 2000.
22 OK Stat § 22-1372 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1372. Biological evidence preservation – Definitions.

|A. A criminal justice agency having possession or custody of biological evidence from a violent felony offense, as defined by subsection F of Section 982 of Title 22 of the Oklahoma Statutes, shall retain and preserve that biological evidence for such period of time as any individual convicted of that crime remains incarcerated. |B. As used in this section:1. "Biological evidence" means physical evidentiary material originating from the human body from which a nuclear DNA profile or mitochondrial DNA sequence can be obtained or representative or derivative samples of such physical evidentiary material collected by a forensic DNA laboratory; and2. "DNA" means deoxyribonucleic acid.C. The criminal justice agency in possession or custody of biological evidence may destroy or otherwise dispose of the biological evidence before the expiration of the period of time described in subsection A of this section only if:1. The agency notifies any person who remains incarcerated in connection with the case, the Oklahoma Indigent Defense System DNA Forensic Testing Program if still applicable, and any counsel of record or public defender organization for the judicial district in which the judgment of conviction for such person was entered, of:a.the intention of the agency to destroy the evidence, andb.the provisions of the DNA Forensic Testing Act, if still applicable;2. No person submits a written objection to the destruction of the biological evidence to the agency within ninety (90) days of receiving notice pursuant to paragraph 1 of this subsection; and3. No other provision of law requires that such biological evidence be preserved.Added by Laws 2001, c. 52, § 1, eff. July 1, 2001.
22 OK Stat § 22-1373 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1373. Short title - Postconviction DNA Act.

|This act shall be known and may be cited as the "Postconviction DNA Act". |Added by Laws 2013, c. 317, § 1, eff. Nov. 1, 2013.
22 OK Stat § 22-1373.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1373.1. Definitions.

|As used in the Postconviction DNA Act: |1. "Biological material" means the contents of a sexual assault evidence collection kit as well as any item that contains or includes blood, semen, hair, saliva, skin tissue, fingernail scrapings or parings, bone, bodily fluids or other identifiable biological material that was collected as part of the criminal investigation or may reasonably be used to incriminate or exculpate any person for an offense and that may be suitable for forensic DNA testing. This definition applies whether the material was catalogued separately including, but not limited to, on a swab, a slide or on any other evidence;2. "DNA" means deoxyribonucleic acid;3. "Document" or "documents" means any tangible thing upon which any expression, communication or representation has been recorded by any means and includes any writing, electronic writing, recording, drawing, map, graph or chart, photograph and other data compilation in the actual or constructive possession, custody, care or control of the government which pertains directly or indirectly to any matter relevant to the issues in a criminal case; and4. "Guardian of a convicted person" means a person who is the legal guardian of the convicted person, whether the legal relationship exists because of the age of the convicted person or because of the physical or mental incompetency of the convicted person.Added by Laws 2013, c. 317, § 2, eff. Nov. 1, 2013.
22 OK Stat § 22-1373.2 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1373.2. Motion requesting testing.

|A. Notwithstanding any other provision of law concerning postconviction relief, a person convicted of a violent felony crime or who has received a sentence of twenty-five (25) years or more and who asserts that he or she did not commit such crime may file a motion in the sentencing court requesting forensic DNA testing of any biological material secured in the investigation or prosecution attendant to the challenged conviction. Persons eligible for testing shall include any and all of the following: |1. Persons currently incarcerated, civilly committed, on parole or probation or subject to sex offender registration;2. Persons convicted on a plea of not guilty, guilty or nolo contendere;3. Persons deemed to have provided a confession or admission related to the crime, either before or after conviction of the crime; and4. Persons who have discharged the sentence for which the person was convicted.B. A convicted person may request forensic DNA testing of any biological material secured in the investigation or prosecution attendant to the conviction that:1. Was not previously subjected to DNA testing; or2. Although previously subjected to DNA testing, can be subjected to testing with newer testing techniques that provide a reasonable likelihood of results that are more accurate and probative than the results of the previous DNA test.C. The motion requesting forensic DNA testing shall be accompanied by an affidavit sworn to by the convicted person containing statements of fact in support of the motion.D. Upon receipt of the motion requesting forensic DNA testing, the sentencing court shall provide a copy of the motion to the attorney representing the state and require the attorney for the state to file a response within sixty (60) days of receipt of service or longer, upon good cause shown. The response shall include an inventory of all the evidence related to the case, including the custodian of such evidence.E. A guardian of a convicted person may submit motions for the convicted person under the provisions of this act and shall be entitled to counsel as otherwise provided to a convicted person pursuant to this act.Added by Laws 2013, c. 317, § 3, eff. Nov. 1, 2013.
22 OK Stat § 22-1373.3 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1373.3. Pro se referrals.

|The sentencing court, in its discretion, may refer pro se requests for DNA testing to qualified parties willing to accept the referrals for further review without appointing the parties as counsel for the convicted person at that time. Such qualified parties may include, but shall not be limited to, indigent defense organizations or clinical legal education programs. |Added by Laws 2013, c. 317, § 4, eff. Nov. 1, 2013.
22 OK Stat § 22-1373.5 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1373.5. Results - Relief.

|A. If the results of the forensic DNA testing conducted under the provisions of this act are favorable to the petitioner, the court shall schedule a hearing to determine the appropriate relief to be granted. Based on the results of the testing and any other evidence presented at the hearing, the court shall thereafter enter any order that serves the interests of justice including, but not limited to, any of the following: |1. An order setting aside or vacating the judgment of conviction, judgment of not guilty by reason of mental disease or defect or adjudication of delinquency;2. An order granting the petitioner a new trial or fact-finding hearing;3. An order granting the petitioner a new commitment hearing or dispositional hearing;4. An order discharging the petitioner from custody;5. An order specifying the disposition of any evidence that remains after the completion of the testing;6. An order granting the petitioner additional discovery on matters related to the DNA test results on the conviction or sentence under scrutiny including, but not limited to, documents pertaining to the original criminal investigation or the identities of other suspects; or7. An order directing the state to place any unidentified DNA profile or profiles obtained from postconviction DNA testing into Oklahoma or federal databases as allowed within applicable state and federal laws.B. If the results of the tests are not favorable to the petitioner, the court shall:1. Dismiss the motion; and2. Make such further orders as the court deems appropriate, including an order that:a.requires the DNA test results be provided to the Pardon and Parole Board or Department of Corrections, orb.requests the DNA profile of the petitioner be added to the convicted offender index database of the OSBI Combined DNA Index System (CODIS) Database as provided by law.Added by Laws 2013, c. 317, § 6, eff. Nov. 1, 2013.
22 OK Stat § 22-1373.6 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1373.6. Agreement to conduct testing.

|A. The filing of a motion for postconviction DNA testing shall not be required if both the state and the convicted person consent and agree to conduct postconviction DNA testing. |B. Notwithstanding any other provision of law governing postconviction relief, if DNA test results obtained under testing conducted upon consent of the parties are favorable to the convicted person, the convicted person may file and the court shall adjudicate an order pursuant to Section 6 of this act for postconviction relief based on the DNA test results.Added by Laws 2013, c. 317, § 7, eff. Nov. 1, 2013.
22 OK Stat § 22-1373.7 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1373.7. Appeals.

|An appeal under the provisions of the Postconviction DNA Act may be taken in the same manner as any other appeal. |Added by Laws 2013, c. 317, § 8, eff. Nov. 1, 2013.
22 OK Stat § 22-1401 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1401. Short title.

|Sections 1401 through 1419 of this title shall be known and may be cited as the "Oklahoma Racketeer-Influenced and Corrupt Organizations Act". |Added by Laws 1988, c. 131, § 1, eff. Nov. 1, 1988. Amended by Laws 2010, c. 456, § 4, eff. Nov. 1, 2010.
22 OK Stat § 22-1403 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1403. Participation in pattern of racketeering activity or collection of unlawful debt prohibited - Investment of funds prohibited - Conspiracy to violate prohibition - Venue of actions.

|A. No person employed by or associated with any enterprise shall conduct or participate in, directly or indirectly, the affairs of the enterprise through a pattern of racketeering activity or the collection of an unlawful debt. |B. No person, through a pattern of racketeering activity or through the collection of an unlawful debt, shall acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.C. No person who has received any proceeds derived, directly or indirectly, from a pattern of racketeering activity, or through the collection of any unlawful debt, in which the person participated as a principal, shall use or invest, directly or indirectly, any part of the proceeds or any proceeds derived from the investment or use of any of those proceeds in the acquisition of any right, title, or interest in real property or in the establishment or operation of any enterprise.A purchase of securities on the open market with intent to make an investment, and without the intent of controlling or participating in the control of the issuer or of assisting another to do so, shall not be unlawful pursuant to the provisions of this section if the securities of the issuer held by the purchaser, the members of the immediate family of the purchaser, and accomplices of the purchaser or immediate family of the purchaser in any pattern of racketeering activity, or the collection of an unlawful debt after the purchase, do not amount in the aggregate to one percent (1%) of the outstanding securities of any one class and do not confer the power to elect one or more directors of the issuer.D. No person shall attempt to violate or conspire with others to violate the provisions of subsection A, B or C of this section.E. Venue for a civil or criminal action to enforce the provisions of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act shall be in any county in which at least one act of racketeering activity is alleged to have occurred in the petition or information or indictment, it being the intent of this act, that one district court have jurisdiction over all the conduct, persons and property subject to this act.Added by Laws 1988, c. 131, § 3, eff. Nov. 1, 1988. Amended by Laws 2010, c. 456, § 6, eff. Nov. 1, 2010.
22 OK Stat § 22-1404 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1404. Penalties for violating Section 1403 - Persons authorized to institute proceedings.

|A. Any person convicted of violating any provision of Section 1403 of this title 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.Added by Laws 1988, c. 131, § 4, eff. Nov. 1, 1988. Amended by Laws 1997, c. 133, § 440, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 324, eff. July 1, 1999; Laws 2010, c. 456, § 7, eff. Nov. 1, 2010.NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 440 from July 1, 1998, to July 1, 1999.
22 OK Stat § 22-1405 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-1405. Criminal forfeiture procedures.

|A. Any person convicted of violating any of the provisions of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act shall criminally forfeit to the state, according to the procedures established in subsection B of this section, any real or personal property used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act, including any property constituting an interest in or means of control or influence over the enterprise involved in the conduct in violation of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act, including: |1. Any compensation, right, or benefit derived from a position, office, appointment, tenure, commission, or employment contract that accrued to the person during the course of conduct in violation of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act;2. Any interest in, security of, claim against, or property or contractual right affording the person a source of influence or control over the affairs of an enterprise that the person exercised in violation of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act; or3. Any amount payable or paid pursuant to any contract for goods or services that was awarded or performed in violation of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act.B. The criminal forfeiture procedures are as follows:1. A judgment of criminal forfeiture shall not be entered unless a special verdict containing a finding of property subject to forfeiture, specifying the extent of such property and describing with specificity such property and the circumstances by which the property is subject to forfeiture is returned; and2. If any property included in a special verdict of criminal forfeiture:a.cannot be located,b.has been sold to a bona fide purchaser for value,c.has been placed beyond the jurisdiction of the court,d.has been substantially diminished in value by the conduct of the defendant,e.has been commingled with other property that cannot be divided without difficulty or undue injury to innocent parties,f.is otherwise unreachable without undue injury to innocent parties, org.is subject to a valid security interest, to the extent of the security interest, held by a bank, savings and loan association, credit union or supervised lender licensed by the Oklahoma Administrator of Consumer Credit, acquired prior to the lien notice provided by Section 1412 of this title,the district court shall order forfeiture of any other property of the defendant up to the value of the property that is unreachable.Added by Laws 1988, c. 131, § 5, eff. Nov. 1, 1988. Amended by Laws 2010, c. 456, § 8, eff. Nov. 1, 2010.