reglab/housing_qa huggingface dataset:
22 OK Stat § 22-276 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-276. Magistrate discharging or holding defendant must return papers and record to court.

|When a magistrate has discharged a defendant, or has held him to answer, he must return immediately to the clerk of the district court of the county, the warrant, if any, the complaint, the depositions, if any have been taken, of all the witnesses examined before him, the statement of the defendant, if he have made one, and all undertakings of bail or for the appearance of witnesses, taken by him, together with a certified record of the proceedings as they appear on his docket. |R.L.1910, § 5692.
22 OK Stat § 22-301 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-301. Manner of prosecution of offenses.

|Every felony must be prosecuted by indictment or information in the district or superior court. Misdemeanors must be prosecuted by information, except as otherwise provided by law: Provided, however, that the district court or the judge thereof, may, by order made, direct that any particular misdemeanor be presented to the grand jury, and when so ordered it may be prosecuted by indictment. |R.L.1910, § 5693.
22 OK Stat § 22-302 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-302. Indictment defined.

|An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offense. |R.L.1910, § 5717.
22 OK Stat § 22-303 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-303. Subscription, endorsement and verification of information - 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; and2. The citation or ticket states the specific facts supporting the criminal charge and the ordinance or statute alleged to be violated; or3. 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.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.
22 OK Stat § 22-304 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-304. Information may be amended.

|An information may be amended in matter of substance or form at any time before the defendant pleads, without leave, and may be amended after plea on order of the court where the same can be done without material prejudice to the right of the defendant; no amendment shall cause any delay of the trial, unless for good cause shown by affidavit. |R.L. 1910, § 5695.
22 OK Stat § 22-305.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-305.1. Deferred prosecution programs - Guidelines - Factors considered.

|Before the filing of an information against a person accused of committing a crime, the State of Oklahoma, through its district attorney, may agree with an accused to defer the filing of a criminal information for a period not to exceed three (3) years. |The State of Oklahoma may include any person in a deferred prosecution program if it is in the best interests of the accused and not contrary to the public interest. Each district attorney shall adopt and promulgate guidelines which shall indicate what factors shall be considered in including an accused in the deferred prosecution program. The guidelines shall insure that the State of Oklahoma considers in each case at least the following factors:1. Whether the State of Oklahoma has sufficient evidence to achieve conviction;2. The nature of the offense with priority given to first offenders and nonviolent crimes;3. Any special characteristics of the accused;4. Whether the accused will cooperate and benefit from a deferred prosecution program;5. Whether available programs are appropriate to the accused person's needs;6. Whether the services for the accused are more readily available from the community or from the corrections system;7. Whether the accused constitutes a substantial danger to others;8. The impact of the deferred prosecution on the community;9. The recommendations of the law enforcement agency involved in the case;10. The opinions of the victim; and11. Any mitigating or aggravating circumstances.Laws 1979, c. 226, § 1, eff. Oct. 1, 1979; Laws 2007, c. 358, § 5, eff. July 1, 2007.
22 OK Stat § 22-305.3 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-305.3. Termination of deferred prosecution agreement.

|A. Both the State of Oklahoma and the accused may mutually terminate the deferred prosecution at any time, and the case shall proceed as if there had been no agreement. If the State of Oklahoma makes the termination decision unilaterally, it shall only do so in light of all the relevant circumstances of the case. Arrest of the accused for a subsequent offense shall not automatically terminate the agreement. If the State of Oklahoma should decide to terminate the agreement, it shall: |1. Send a written notice of termination to the accused and the attorney for the accused, if any, explaining the reasons for the termination;2. Disclose to the accused or the attorney for the accused the evidence supporting the decision to terminate; and3. Afford the accused the opportunity to be heard and present evidence, and cross-examine witnesses before a judge of the district court. The accused shall have ten (10) days from the date of mailing of the notice to file a written request with the court clerk for the county in which a charge is pending for the hearing, after which the right to a hearing shall be waived. The burden shall be upon the State of Oklahoma to prove that the accused did not fulfill the conditions of the agreement, and that an information should be filed.B. On and after the effective date of this act, if an agreement is terminated by the State of Oklahoma for failure of the person to comply with the terms of the deferred prosecution agreement, the termination document and supporting documentation shall be open to the public.C. If an agreement is terminated by the State of Oklahoma and the accused is subsequently tried before a jury, the court shall instruct the jury not to consider any delay in prosecution while the accused was participating in the deferred prosecution program.Added by Laws 1979, c. 226, § 3, eff. Oct. 1, 1979. Amended by Laws 2000, c. 278, § 2, eff. July 1, 2000.
22 OK Stat § 22-305.4 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-305.4. Completion of program - Records.

|If the accused completes the program agreed upon, the State of Oklahoma shall not file the charges against the accused. The records of the accused shall be sealed and not be released or viewed except on a limited basis by law enforcement or prosecution personnel for the purposes of determining if the accused has been diverted. The district attorney shall take all necessary measures to ensure that all of the records of the person remain confidential. |Laws 1979, c. 226, § 4.
22 OK Stat § 22-305.5 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-305.5. Information - Release or disclosure - Confidentiality - Admissibility as evidence - Violations - Penalties.

|A. Information received and collected by any service agency while the accused participates in a deferred prosecution program shall not be released to any agency or individual that will use the information for dissemination to the general public or be recorded in a computer system that has the potential for connection with national computer files, or be used by a law enforcement agency for the purposes of surveillance and investigation. The provisions of this subsection shall apply only with respect to information received and collected by any service agency pursuant to deferred prosecution agreements entered into by the parties relating to crimes committed prior to the effective date of this act, unless such information is otherwise deemed confidential by law. |B. Any information obtained in the course of investigating the suitability of the accused for inclusion in a deferred prosecution program shall remain confidential except for purposes of deferred prosecution programs and shall not be released by any individual or agency without permission from the accused, being advised by counsel. The provisions of this subsection shall apply only to agreements entered into by the parties relating to crimes committed prior to July 1, 2000, unless such information is otherwise deemed confidential by law.C. If the deferred prosecution program is terminated before successful completion of the agreement, no information obtained as a result of the participation of the accused in the deferred prosecution program shall be admissible in any subsequent proceeding to the disadvantage of the accused, except if the information could have been routinely gathered in the police investigation of the crime of the accused.D. 1. On and after the effective date of this act, any person releasing any information required by this section to be kept confidential shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned for not more than six (6) months, or both.2. Prior to the effective date of this act, any person releasing any information required by this section to be kept confidential shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned for not more than six (6) months, or both.E. The provisions of this subsection apply only to records within the care and custody of the district attorney.Added by Laws 1979, c. 226, § 5, eff. Oct. 1, 1979. Amended by Laws 2000, c. 278, § 3, eff. July 1, 2000.
22 OK Stat § 22-305.6 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-305.6. District Attorneys Council - Duties.

|The District Attorneys Council shall assist each district attorney in the development of the deferred prosecution program in their jurisdictions, and shall prepare and promulgate model forms for the use of the various district attorneys of this state. |Amended by Laws 1988, c. 109, § 24, eff. Nov. 1, 1988.
22 OK Stat § 22-305.7 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-305.7. Restorative justice pilot program.

|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.Added by Laws 2021, c. 108, § 2, eff. Nov. 1, 2021.
22 OK Stat § 22-311 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-311. Grand jury defined.

|A grand jury is a body of men consisting of twelve jurors impaneled and sworn to inquire into and true presentment make of all public offenses against the state committed or triable within the county for which the court is holden. |R.L.1910, § 5696.
22 OK Stat § 22-311.1 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-311.1. Petition for convening grand jury - Warning.

|Every petition for the convening of a grand jury shall contain on the outer page thereof the word "Warning" and underneath this in ten-point type the words, "It is a felony for anyone to sign a petition for the convening of a grand jury with any name other than his own, or knowingly to sign his name more than once for the convening of the grand jury, or to sign such petition when he is not a legal voter of the county." |Added by Laws 1989, c. 6, § 1, eff. Nov. 1, 1989. Amended by Laws 1989, c. 180, § 10, eff. Nov. 1, 1989.
22 OK Stat § 22-312 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-312. Challenge of grand jury.

|The state, or a person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual grand juror. |R.L.1910, § 5697.
22 OK Stat § 22-313 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-313. Grounds for challenge to panel.

|A challenge to the panel may be interposed by either party for one or more of the following causes only: |1. That the requisite number of ballots was not drawn from the jury box of the county or subdivision.2. That the drawing was not had in the presence of the officers designated by law, or in the manner prescribed by law.R.L.1910, § 5698.
22 OK Stat § 22-314 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-314. Jury discharged if challenge allowed.

|If a challenge to the panel be allowed, the grand jury must be discharged. |R.L.1910, § 5699.
22 OK Stat § 22-315 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-315. Grounds for challenge to juror.

|A challenge to an individual grand juror may be interposed by either party, for one or more of the following causes only: |1. That he is a minor.2. That he is not a qualified elector.3. That he is otherwise disqualified under any of the provisions of law, in relation to the qualification of grand jurors. 4. That he is insane.5. That he is a prosecutor upon a charge against the defendant.6. That he is a witness on the part of the prosecution and has been served with process by an undertaking as such.7. That a state of mind exists on his part in reference to the case, or to either party, which will prevent him from acting impartially and without prejudice to the substantial rights of the party challenging; but no person shall be disqualified as a grand juror, by reason of having formed and expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, or common notoriety, provided it satisfactorily appear to the court, upon his declaration, under oath, or otherwise, that he can and will, notwithstanding such opinion, act impartially and fairly upon the matters to be submitted to him.R.L.1910, § 5700.
22 OK Stat § 22-316 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-316. Challenge may be oral or written - How tried.

|Challenges may be oral or in writing, and must be tried by the court. |R.L.1910, § 5701.
22 OK Stat § 22-317 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-317. Ruling on challenge.

|The court must allow or disallow the challenge and the clerk must enter its decision upon the minutes if demanded. |R.L.1910, § 5702.
22 OK Stat § 22-318 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-318. Effect of challenge allowed.

|If a challenge to an individual grand juror is allowed, he cannot be present at, or take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon. |R.L.1910, § 5703.
22 OK Stat § 22-319 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-319. Violation, where challenge allowed.

|The grand jury must inform the court of a violation of the last section and it is punishable by the court as a contempt. |R.L.1910, § 5704.
22 OK Stat § 22-320 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-320. Challenge to be made before jury is sworn - Exception.

|Neither the state, nor a person held to answer a charge for a public offense, can take advantage of any objection to the panel or to an individual grand juror unless it be by challenge, and before the grand jury is sworn, except that after the grand jury is sworn, and before the indictment is found, the court may, in its discretion, upon a good cause shown, receive and allow a challenge. |R.L.1910, § 5705.
22 OK Stat § 22-321 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-321. New grand jury in certain cases.

|If the grand jury is discharged by the allowance of a challenge to the whole panel; or if from any cause, in the opinion of the court, another grand jury may become necessary, the court may in its discretion order that another grand jury be summoned. |R.L.1910, § 5706.
22 OK Stat § 22-322 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-322. Special grand jury.

|A grand jury formed and impaneled as to and in a particular case after a challenge or challenges to individual grand jurors have been allowed, shall be sworn to act only in such particular case and as to all other cases at the same term of the court the grand jury shall be formed in the usual manner provided by law. |R.L.1910, § 5707.
22 OK Stat § 22-323 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-323. Court to appoint foreman.

|From the persons summoned to serve as grand jurors, and appearing, the court must appoint a foreman. The court must also appoint a foreman when a person already appointed is discharged or excused before the grand jury are dismissed. |R.L.1910, § 5708.
22 OK Stat § 22-324 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-324. Oath to foreman.

|The following oath must be administered to the foreman of the grand jury: |You, as foreman of this grand jury, shall diligently inquire into, and true presentment make, of all public offenses against this state, committed or triable within this county (or subdivisions), of which you shall have or can obtain legal evidence. You will keep your own counsel, and that of your fellows, and of the state, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You shall present no person through malice, hatred, or ill will, nor leave any unpresented through fear, favor or affection, or for any reward, or the promise or hope thereof; but in all your presentments, or indictments, you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding. So help you God.R.L.1910, § 5709.
22 OK Stat § 22-325 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-325. Oath to other jurors.

|The following oath must be immediately thereupon administered to the other grand jurors present: |The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part. So help you God.R.L.1910, § 5710.
22 OK Stat § 22-326 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-326. Charge to grand jury.

|The grand jury, being impaneled and sworn, must be charged by the court. In doing so the court must give them such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court, or likely to come before the grand jury. |R.L.1910, § 5711.
22 OK Stat § 22-327 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-327. Jury to retire.

|The grand jury must then retire to a private room and inquire into the offenses cognizable by them. |R.L.1910, § 5712.
22 OK Stat § 22-328 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-328. Grand jury must appoint clerk.

|The grand jury must appoint one of their number as clerk, who must preserve minutes of their proceedings, except of the votes of the individual members, and of the evidence given before them. |R.L.1910, § 5713.
22 OK Stat § 22-329 (2021)
2021 Oklahoma Statutes|Title 22. Criminal Procedure|§22-329. Discharge of grand juror.

|A member of the grand jury may for ill health of himself or immediate family, or other cause rendering him unable to serve, be discharged before the term is ended or the labor of the grand jury completed; or, if the judge becomes satisfied that any grand juror is willfully refusing to discharge his duty, the court may order his discharge. In the event of the discharge or death of a grand juror, an alternate grand juror shall be appointed to fill the vacancy by the court. The appointment shall be made in the same order in which the alternate grand jurors were selected. If the number of grand jurors and alternates becomes so depleted as to prevent the grand jury from functioning, as many names as the court may order shall be drawn from the jury box in the same manner the original grand jurors and alternates were drawn, and from the names so drawn there shall be summoned as many grand jurors and alternates as can be found and are able to attend as necessary, and if found they shall be summoned in the order in which their names were drawn from the box. If the number be not thus obtained there shall be another drawing in the same manner. When a sufficient number so drawn appears to fill the panel, the grand jury shall in open court be reimpaneled, but subject to challenge and be charged and sworn in the same manner as when the grand jury was originally impaneled. |R.L.1910, § 5714; Laws 1977, c. 213, § 1, emerg. eff. June 14, 1977.