reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1175.7. Persons incompetent but capable of achieving competency within reasonable time - Treatment order - Medical supervisor - Commitment - Private treatment - Involuntary commitment to Department of Human Services prohibited.

A. If the person is found incompetent, but capable of achieving competency within a reasonable period of time, as defined by the court, the court shall order such person to undergo such treatment, therapy or training which is calculated to allow the person to achieve competence.
B. If the person is not committed to the custody of the Department of Mental Health and Substance Abuse Services, the court shall appoint a medical supervisor for a course of treatment. The medical supervisor of treatment may be any person or agency that agrees to supervise the course of treatment. The proposed treatment may be either inpatient or outpatient care depending on the facilities and resources available to the court and the type of disability sought to be corrected by the court's order. The court shall require the supervisor to provide periodic progress reports to the court and may pay for the services of the medical supervisor from court funds.
C. The court may not commit the incompetent person to the custody of the Department of Mental Health and Substance Abuse Services unless the person is a person requiring treatment as defined by Title 43A of the Oklahoma Statutes.
D. The court may allow the person to receive treatment from private facilities if such facilities are willing, and neither the state nor the court fund is required to directly pay for such care.
E. In no event shall an incompetent individual be involuntarily committed to the legal custody of the Department of Human Services or any of its facilities.
Added by Laws 1980, c. 336, § 7, emerg. eff. June 25, 1980. Amended by Laws 1990, c. 51, § 19, emerg. eff. April 9, 1990; Laws 1997, c. 407, § 7, eff. Nov. 1, 1997; Laws 2000, c. 421, § 8, eff. Nov. 1, 2000; Laws 2015, c. 300, § 3, emerg. eff. May 11, 2015.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1175.8. Resumption of competency.

If the medical supervisor reports that the person appears to have achieved competency after a finding of incompetency, the court shall hold another competency hearing to determine if the person has achieved competency. If competency has been achieved, the criminal proceedings shall be resumed.
Laws 1980, c. 336, § 8, emerg. eff. June 25, 1980.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1176. Raising issue of mental illness or insanity at time of offense.

A. If the defendant intends to raise the question of mental illness or insanity at the time of the offense, the defendant shall file notice with the court no later than thirty (30) days after formal arraignment. Additionally, if the defendant is financially unable to obtain the services of a qualified mental health professional, the defendant shall file an application with the court at the time of the filing of notice of insanity defense. The procedure to be followed for review of such an application will be the same as provided in Section 1175.3 of this title.
B. In cases not involving the appointment of the Oklahoma Indigent Defense System pursuant to Sections 1355 through 1370.1 of this title, if the court finds that the defendant's sanity at the time of the offense is to be a significant factor in his defense at trial and that the defendant is financially unable to obtain the services of a qualified mental health professional, the court shall provide the defendant with access to a qualified mental health professional by authorizing counsel to obtain the services of a qualified mental health professional to conduct an appropriate examination and assist in evaluation, preparation and presentation of the defense. Compensation for such services shall be paid by the court fund, as authorized by Section 1304 of Title 20 of the Oklahoma Statutes.
C. As used in this section, "qualified mental health professional" means an individual certified or licensed in this state to practice psychiatry, psychology, professional counseling, or social work.
Added by Laws 1985, c. 232, § 2, emerg. eff. July 8, 1985. Amended by Laws 1991, c. 238, § 36, eff. July 1, 1991; Laws 2009, c. 239, § 1, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1181. Causes for removal of officers.

Any officer not subject to impeachment elected or appointed to any state, county, township, city, town or other office under the laws of the state may, in the manner provided in this article, be removed from office for any of the following causes:
First. Habitual or willful neglect of duty, which, for a state officer, shall include, but not be limited to, knowingly giving false testimony to a committee of either house of the Legislature, knowingly engaging in operations beyond the constitutional or statutory authority delegated to the agency that the officer is employed by or serves, or repeatedly refusing to provide information to a committee, either house or a member of the Legislature in a timely manner. For the purposes of this section, "timely manner" means no more than fifteen (15) business days from the date the request for information was received by the agency, unless extended by written agreement.
Second. Gross partiality in office.
Third. Oppression in office.
Fourth. Corruption in office.
Fifth. Extortion or willful overcharge of fees in office.
Sixth. Willful maladministration.
Seventh. Habitual drunkenness.
Eighth. Failure to produce and account for all public funds and property in his or her hands, at any settlement or inspection authorized or required by law.
R.L.1910, § 5592. Amended by Laws 2021, c. 289, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1181.1. Removal for acts of commission, omission, neglect.

All elective officers in the State of Oklahoma, including elective officers of the state and elective officers in each county, city, town or school district of the State of Oklahoma, but excluding any elective officers liable to impeachment, shall be subject to removal from office in such manner and for such causes as now provided by law, or as may be provided by law passed subsequent to this act, and any such officer or officers may be removed or ousted from office for any act or acts of commission or omission or neglect which may be committed, done or omitted during the term in which such ouster or removal proceedings may be filed, and any such officer or officers, may be removed or ousted from office for any act or acts of commission, omission or neglect committed, done or omitted during a previous or preceding term in such office.
Laws 1955, p. 200, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1181.2. Allegations or charges.

The complaint, petition, accusation or proceeding for removal or ouster from office may include allegations or charges of any act or acts of commission, omission or neglect which may be committed, done or omitted during the term of office in which such ouster or removal proceeding may be filed, and may also include allegations or charges as to any act or acts of commission, omission or neglect committed, done or omitted during a previous or preceding term in such office.
Laws 1955, p. 200, § 2.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1182. Accusation by grand jury.

An accusation in writing, charging such officer with any of the causes for removal mentioned in the first preceding section may be presented by the grand jury to the district court of the county in or for which the officer is elected or appointed: Provided, that in the case of a state officer, such accusation may be presented by the grand jury of the county in which such officer resides, or in which he has his place of office for the usual transaction of official business.
R.L.1910, § 5593.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1184. Proceedings on accusation.

After receiving the accusation, the judge to whom it is delivered must forthwith cause it to be transmitted to the district attorney of the county or subdivision, except when he is the officer accused, who must cause a copy thereof to be served upon the defendant, and required by written notice of not less than five (5) days that he appear before the district court of the county or subdivision, and answer the accusation at a specified time. The original accusation must then be filed with the clerk of the court.
R.L.1910, § 5595.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1193. Accusation against district attorney.

In case an accusation is presented against the district attorney, the same shall be delivered by the judge to the clerk of his court, and by the clerk to such person as the judge shall appoint to act as prosecuting officer in the matter, and the person so appointed shall be authorized and required to conduct the proceedings.
R.L.1910, § 5604.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1194. County commissioners or judge and treasurer may present accusation, when - Proceedings.

The board of county commissioners may, in the case of any county or township officer, present such accusation and bring an action in the name of the county for the removal of such officer, and the district court shall have exclusive jurisdiction thereof; but if any county commissioner is the party charged, then the county judge and county treasurer shall present such accusation and bring the action. The proceedings, in actions brought under the provisions of this section shall, except as provided in the two next succeeding sections, be as is provided in the preceding sections of this article.
R.L.1910, § 5605.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1195. Suspension from office - Time for trial - Change of judge or venue - Continuances - Filling vacancy temporarily - Voluntary suspension of county officers.

(1) When the complaint for removal is filed, if, in addition to the matter charged as ground for removal, the complaint shall also pray that the officer charged be suspended from office pending the investigation, the judge of the court may, if sufficient cause appear from the charge or from the testimony, or affidavits then presented, order the suspension of the accused from the functions of his office until the determination of the matter. If the order of suspension be made and the court be then in session, the accused shall be entitled to a trial within ten (10) days, if he demands it. If the court be not in session, then the accused shall be entitled to a trial on the first day of the next term. The accused shall have the right to change of judge, or to a change of venue, on application to the court, or to the judge if the court be not in session, on making the showing required to change the venue in a criminal case, and if the application be allowed the matter shall be sent for trial to the nearest adjoining county, and in which the objections stated as ground of change do not exist, and trial shall be there had at the earliest possible date. But one such change shall be allowed. The accused shall be entitled to continuance, as in other cases. If the accused be not suspended from his office, then the complainant may have a continuance, as in other criminal cases. If a suspension take place, the board of county commissioners may temporarily fill the office by appointment, but if the officer suspended be a county commissioner, then the vacancy shall be filled by temporary appointment made by the Governor.
(2) A county officer, other than a county commissioner, against whom a complaint for removal has been filed, may voluntarily suspend himself from office by filing an election of suspension at any time after such complaint has been filed with the board of county commissioners, which board shall temporarily fill the office by appointment. If the officer be a county commissioner, then such filing shall be made with the Governor of the State of Oklahoma, who shall temporarily fill the office by appointment. If upon trial such officer is found guilty, such temporary appointment shall remain in effect until a successor is duly qualified as provided by law, but if such officer is acquitted, such temporary appointment shall expire at that time, and the person so acquitted shall immediately resume his office.
R.L.1910 § 5606; Laws 1968, c. 129, § 1, emerg. eff. April 8, 1968.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1196. Judgment of removal.

The question of fact shall be tried as in other actions, and if the accused is found guilty, the judgment shall be entered removing the officer from his office and declaring the latter vacant, or as provided for in the code of criminal procedure, and a copy thereof shall be certified to the board of county commissioners, and the county clerk shall enter the same upon the proper record.
R.L.1910, § 5607.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1221. Search warrant defined.

A. A search warrant is an order in writing, in the name of the state, signed by a magistrate, directed to a peace officer, commanding him to search for personal property and bring it before the magistrate.
B. For purposes of Sections 1221 through 1241 of this title, the term "personal property" or "property" shall mean items and information that can be analyzed, seen, weighed, measured, felt or touched or that are in any other manner perceptible to the senses.
R.L. 1910, § 6059. Amended by Laws 2014, c. 75, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1222. Grounds for issuance of search warrant - Seizure of property.

A search warrant may be issued and property seized upon any of the following grounds:
First: When the property was stolen or embezzled, in which case it may be taken on the warrant, from any house or other place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled, or of any other person in whose possession it may be.
Second: When it was used as the means of committing a felony, in which case it may be taken on the warrant from any house or other place in which it is concealed, or from the possession of the person by whom it was used in the commission of the offense, or of any other person in whose possession it may be.
Third: When it is in the possession of any person, with the intent to use it as the means of committing a public offense, or in the possession of another to whom the person may have delivered it for the purpose of concealing it or preventing its being discovered, in which case it may be taken on the warrant from such person, or from a house or other place occupied by the person, or under the person’s control, or from the possession of the person to whom the person may have so delivered it.
Fourth: When the property constitutes evidence that an offense was committed or that a particular person participated in the commission of an offense.
Fifth: When there is probable cause to believe that, at a future time, the property or items sought which are intended to be used to commit a public offense, will be located at a particular place. Under such circumstances, the magistrate shall insert a direction in the search warrant making execution of the warrant contingent upon the happening of an event which evidences probable cause that the item to be seized is in the place to be searched.
Sixth: As authorized by any provision of the Security of Communications Act.
R.L.1910, § 6060. Amended by Laws 1969, c. 223, § 1, emerg. eff. April 21, 1969; Laws 2007, c. 358, § 9, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1223.1. Electronically recorded oral statement - Transcription.

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.
Added by Laws 1982, c. 224, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1224.1. Oral testimony supplemental to affidavit.

Before issuing a search warrant the judge may take oral testimony, sworn to under oath, supplemental to any affidavits. Provided, however, that such oral testimony shall be recorded, such record transcribed forthwith, and filed with the affidavits to support the search warrant.
Laws 1971, c. 120, § 1, emerg. eff. May 3, 1971.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1224.2. Filing and indexing of documents.

In the event the search warrant is executed, then the search warrant, affidavit for search warrant, return of search warrant, if separate, and transcript of oral testimony, if any, shall be filed with the clerk of the district court, and shall be indexed by the clerk in alphabetical order. Upon a criminal prosecution being filed, the district attorney shall make application for a court order that the documents be transferred and filed in the case.
Added by Laws 1971, c. 120, § 4, emerg. eff. May 3, 1971. Amended by Laws 2001, c. 404, § 4, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1226. Form of search warrant.

The warrant must be in substantially the following form:
County of _______________
In the name of the State of Oklahoma. To any peace officer of this state.
Probable cause having been shown on this date before me, by (name every officer and person who has made affidavit or given oral testimony supplementing an affidavit) for believing the following property (describe the property) is located at (specify the location where the property is shown to be).
You are therefore commanded, in the daytime (or "at any time of the day or night," as the case may be, according to Section 1230, as amended, of Title 22 of the Oklahoma Statutes), to make immediate search on the person of C.D. (or "in the house situated," describing it, or any other place to be searched, with reasonable particularity, as the case may be), for the following property (describing it with reasonable particularity), and if you find the same, or any part thereof to bring it forthwith before me, at (stating the place) or before a magistrate who presides in the judicial district in which the property was found and seized.
Dated at _______________ the _____ day of _______________, 19___.
______________________________
(Signature of Judge)
______________________________
(Judge's Official Designation)
R.L.1910, § 6064; Laws 1971, c. 120, § 2, emerg. eff. May 3, 1971. Amended by Laws 1990, c. 290, § 2, eff. Sept. 1, 1990.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1228. Execution of search warrant without warning or notice – 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.
R.L.1910, § 6066. Amended by Laws 1990, c. 290, § 3, eff. Sept. 1, 1990; Laws 1999, c. 128, § 1, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1230. When search warrant may be served.

Search warrants for occupied dwellings shall be served between the hours of six o'clock a.m. and ten o'clock p.m., inclusive, unless the judge finds the existence of at least one of the following circumstances:
1. The evidence is located on the premises only between the hours of ten o'clock p.m. and six o'clock a.m.;
2. The search to be performed is a crime scene search;
3. The affidavits be positive that the property is on the person, or in the place to be searched and the judge finds that there is likelihood that the property named in the search warrant will be destroyed, moved or concealed; or
4. The search to be performed is a search for evidence relating to the illegal manufacture of methamphetamine or other controlled dangerous substance.
If any of the above criteria are met the judge may insert a direction that the warrant be served at any time of the day or night. Search warrants for sites other than occupied dwellings may be served at any time of the day or night without a special direction.
R.L. 1910, § 6068. Amended by Laws 1971, c. 120, § 3, emerg. eff. May 3, 1971; Laws 1990, c. 148, § 2, emerg. eff. May 1, 1990; Laws 1996, c. 15, § 1, eff. Nov. 1, 1996; Laws 2005, c. 353, § 1, eff. Nov. 1, 2005.
NOTE: Laws 2005, c. 426, § 3 repealed by Laws 2006, c. 16, § 5, emerg. eff. March 29, 2006.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1231. Search warrant void after ten days – Forensic, scientific, or digital analysis exception.

A search warrant must be executed and returned to the magistrate by whom it is issued within ten (10) days. After the expiration of these times respectively, the warrant, unless executed, is void. Provided, if the search warrant authorizes a forensic, scientific or digital analysis of items or samples already in the custody of law enforcement, the search shall be commenced within a reasonable time and the return shall be made within ten (10) days following the completion of said search.
R.L. 1910, § 6069. Amended by Laws 2014, c. 75, § 3, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1232. Disposition of property recovered.

When the property is delivered to the magistrate, he must, if it was stolen or embezzled, deliver it to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magistrate. If it were taken on a warrant issued on the grounds stated in the second and third subdivisions of the second section of this article, he must retain it in his possession, subject to the order of the court to which he is required to return the proceedings before him, or of any other court in which the offense, in respect to which the property was taken, is triable.
R.L.1910, § 6070.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1233. Return of search warrant.

Any peace officer who executes a search warrant must forthwith return the warrant to the magistrate who authorized the warrant or to a magistrate who presides in the judicial district in which the property was found and seized together with a written inventory of the property taken, which shall be made publicly, or in the presence of the person from whose possession it was taken and of the applicant for the warrant, if they be present, verified by the affidavit of the officer, and taken before the magistrate, to the following effect:
I, A. B., the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant.
R.L.1910, § 6071. Amended by Laws 1990, c. 290, § 4, eff. Sept. 1, 1990.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1237. Restoration of property to person searched.

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.
R.L.1910, § 6075.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1238. Papers returned to district court.

The magistrate must annex together the depositions, the search warrant and return, and the inventory, and then return them to the next district court of the county having power to inquire into the offense in respect to which the search warrant was issued by the intervention of a grand jury at or before its opening on the first day.
R.L.1910, § 6076.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1241. Search of defendant for weapons or evidence.

When a person charged with a felony is supposed by the magistrate before whom he is brought to have upon his person a dangerous weapon or anything which may be used as evidence of the commission of the offense, the magistrate may direct him to be searched in his presence, and the weapon or other thing to be retained, subject to his order or the order of the court in which the defendant may be tried.
R.L.1910, § 6079.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1261. Seized property - Report and disposition.

In all cases where wines, whiskey, beer or other intoxicating liquors mentioned in the Constitution or laws of this state or any personal property used for the purpose of violating any of the prohibitory liquor laws or gambling laws of this state, shall be seized by any officer or person with or without a search warrant, such officer or person is hereby required within five (5) days to make a written report under oath and file the same with the court clerk of the proper or respective county where the same shall be so seized, which report shall in detail state the name of the officer or person making the seizure, the place where seized and an inventory of the property, articles or intoxicating liquors so taken into possession until the same shall be destroyed pursuant to the orders of the court. Provided, that all liquors so seized shall be preserved for use as evidence in the trial of any action growing out of such seizure and all officers seizing any such liquors are hereby required to mark the bottles or containers for identification by writing thereon the date of the seizure and the name of the person from whom seized.
Added by Laws 1919, c. 19, p. 35, § 1, emerg. eff. March 15, 1919. Amended by Laws 2011, c. 66, § 1, eff. Nov. 1, 2011; Laws 2023, c. 37, § 1, eff. Nov. 1, 2025.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1262. Seized property - Officer guilty of penalty, when.

Any officer failing to comply with Section One of this act shall be guilty of a misdemeanor and upon conviction shall be fined not less than Twenty-five Dollars ($25.00) or more than One Hundred Dollars ($100.00), and imprisoned in the county jail not less than thirty (30) days or more than sixty (60) days for each offense.
Laws 1919, c. 19, p. 36, § 2.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1263. Penalty for sale of seized liquor by officer.

Any officer who shall sell, barter, give away, or otherwise dispose of any whiskey or any intoxicating liquor, including beer, so seized by order of the court, shall be guilty of a felony. A violation of any provision of this section shall be punished by a fine of not less than Fifty Dollars ($50.00), nor more than Two Thousand Dollars ($2,000.00), and imprisonment of not less than thirty (30) days in jail, nor more than five (5) years in the State Penitentiary.
Added by Laws 1919, c. 19, p. 36, § 3. Amended by Laws 1927, c. 14, p. 16, § 1; Laws 1997, c. 133, § 438, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 322, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 438 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1264. False affidavit by officer - Penalty.

Any officer willfully making a false affidavit, as provided in Section 1261 of this title, shall be guilty of the felony of perjury and, upon conviction therefor, shall be imprisoned in the State Penitentiary not less than two (2) years nor more than five (5) years for each offense.
Added by Laws 1919, c. 19, p. 36, § 4. Amended by Laws 1997, c. 133, § 439, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 323, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 439 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1272. Affidavits or depositions need not be entitled.

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.
R.L.1910, § 6125.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1273. Informalities or errors not fatal if not prejudicial.

Neither a departure from the form or mode prescribed in this chapter in respect to any pleadings or proceedings, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant or tended to his prejudice, in respect to a substantial right.
R.L.1910, § 6126.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1274. Informer to pay costs, when.

If any informer, under a penal statute, to whom the penalty, or any part thereof, if recovered, is given, shall dismiss his suit or prosecution, or fail in the same, he shall pay all costs accruing on such suit or prosecution, unless he be an officer whose duty it is to commence the same.
R.L.1910, § 6133.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1275. Clerk to keep record of indictments, informations and bonds.

The clerk of the district court shall keep a record in which all indictments, informations and bonds shall be entered and certified as true and correct copies of all original indictments, informations and bonds filed in his office, and whenever any such original indictment, information or bond filed with the clerk becomes either lost, destroyed or stolen, or for any other reason cannot be produced at the trial, a certified copy of the aforesaid record of such original indictment, information or bond shall be competent evidence and shall have the same validity and effect as the original thereof.
R.L.1910, § 6134.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1277. Prosecutions of offenses committed by inmates of penal institutions - Habeas corpus - Costs, expenses, fees.

A. The Department of Corrections shall pay a fee as provided in subsection D of this section for criminal prosecutions conducted in any county where a penal institution or community correction center is located in this state when the prosecution involves:
1. A violation of any criminal law committed by any prisoner housed in any penal institution or community correction center of this state; or
2. A crime committed in furtherance of an escape, flight or concealment as a fugitive from any penal institution or community correction center of this state.
B. The provisions of subsection A of this section shall apply whether the prisoner is confined or permitted to be at large as a trusty or otherwise. Provided, however, the provisions of subsection A of this section shall not apply to inmates incarcerated in any correctional facility which is not operated by or under contract with the Oklahoma Department of Corrections.
C. The cost of any habeas corpus proceedings instituted by any prisoner of any penal institution or community correction center which is operated by or under contract with this state shall be paid by the Department of Corrections out of any funds provided for the support and maintenance of the institution of which the person committing such crime, or instituting such habeas corpus proceedings, is a prisoner, upon the filing of a verified and itemized claim from the court clerk of the county where the proceedings were held.
D. The Department of Corrections shall pay a fee of Two Hundred Dollars ($200.00) upon the filing of a criminal action pursuant to the provisions of paragraph 1 or 2 of subsection A of this section, and an additional fee of Three Hundred Dollars ($300.00) upon acquittal or conviction of each such prisoner prosecuted, regardless of the number of charges or counts which arise out of the same incident. The fee shall be paid to the district court fund of the county where the action arose. The fee shall be in lieu of any expenses authorized by law for a criminal prosecution and chargeable against the Department of Corrections. The fee shall be paid at the conclusion of the prosecution and upon a proper invoice by the court clerk to the Department. Failure to pay the cost shall not constitute grounds for dismissal of the criminal action.
E. Nothing in this section shall prohibit the court from ordering the costs and expenses of a criminal prosecution to be paid by the inmate or restrict the court clerk from collecting such costs and expenses from the inmate.
Added by Laws 1935, p. 20, § 1. Amended by Laws 1955, p. 201, § 1, emerg. eff. June 2, 1955; Laws 1957, p. 169, § 1, emerg. eff. May 28, 1957; Laws 1961, p. 238, § 1, emerg. eff. May 15, 1961; Laws 1986, c. 314, § 7, operative July 1, 1986; Laws 1992, c. 319, § 2, eff. Sept. 1, 1992; Laws 2002, c. 159, § 1, emerg. eff. April 29, 2002.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1278. Interpreters for deaf mutes - Appointment - Oath - Compensation.

(a) In all criminal prosecutions, where the accused is a deaf mute, he shall have all of the proceedings of the trial interpreted to him in a language that he can understand by a qualified interpreter appointed by the court from a list of names submitted by the Oklahoma Association of the Deaf.
(b) In all cases where the mental condition of a person is being considered and where such person may be committed to a mental institution, and where such person is a deaf mute, all of the court proceedings, pertaining to him, shall be interpreted to him in a language that he understands by a qualified interpreter appointed by the court.
(c) Interpreters who shall be appointed under the terms of this act shall be required to take an oath that they will make a true interpretation to the person accused or being examined, which person is a deaf mute, of all the proceedings of his case in a language that he understands; and that he will repeat said deaf mute's answers to questions to council, court, or jury, in the English language, in his best skill and judgment.
(d) Interpreters appointed under the terms of this act shall be paid for their services a sum to be determined by the court.
Laws 1957, p. 169, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1301. Information against corporation - Summons.

Upon an information against a corporation, the magistrate may issue a summons signed by him, with his name of office, requiring the corporation to appear before him at a specified time and place to answer the charge; the time to be not less than ten (10) days after the issuing of the summons.
R.L.1910, § 6117.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1302. Form of summons.

The summons must be in substantially the following form:
County of .................
IN THE NAME OF THE STATE OF OKLAHOMA
To the (naming the corporation):
You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer to the charge made against you, upon the information of A. B., or the presentment of the grand jury of the county of ........ for (designating the offense generally.)
Dated at the city, or town, of ......... , the ...... day of ........ 191......
G............. H..............
Justice of the peace (as the case may be.)
R.L.1910, § 6118.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1305. Certificate of magistrate after hearing.

After hearing the proofs the magistrate must certify upon the depositions, either that there is or is not sufficient cause to believe the corporation guilty of the offense charged, and must return the depositions and certificate in the same manner prescribed in the last section of the article (Section 5692 on preliminary examinations).
R.L.1910, § 6121.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1322. Stolen property - Magistrate to order delivery, when.

On satisfactory proof of title to the property, the magistrate before whom the information is laid, or who examines the charge against the person accused of stealing or embezzling the property, may order it to be delivered to the owner on his or her paying the reasonable and necessary expenses incurred in its preservation, to be certified by the magistrate. The order entitles the owner to demand and receive the property. Such property shall be made available to the owner within twenty (20) days of the issuance of the order. The court, however, may keep the property as evidence or on the issuance of an order, require the owner to present such property at trial.
R.L.1910, § 6128. Amended by Laws 1988, c. 178, § 2, eff. Nov. 1, 1988; Laws 2021, c. 455, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1326. Receipts for property taken from defendant.

When money or other property is taken from a defendant arrested upon a charge of public offense, the officer taking it must at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken. One of which receipts the officer must deliver to the defendant or to the detention officer holding the detainee's personal property, and the other of which the officer must file with the officer's chief law enforcement officer or designee.
R.L.1910, § 6132. Amended by Laws 2021, c. 455, § 4, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1331. Reward for arrest of horse thief.

If any person shall arrest or directly and immediately cause the arrest of any person guilty of stealing a horse or mule within this state, and shall secure the indictment and conviction of such person in a court of competent jurisdiction, or shall deliver said person so arrested to a court having jurisdiction of said charge, and if the court, or any one to whom the person arrested shall be sent for trial, shall permit said person to give bond, with security, for his further appearance in court, and said bond shall be forfeited and collected, the person so securing the conviction or the delivery shall be entitled to a reward of Fifty Dollars ($50.00) therefor.
R.L. 1910, Sec. 6136.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1341. Definitions.

As used in this section:
(1) "Merchant", means any corporation, partnership, association or person who is engaged in the business of selling goods, wares and merchandise in a mercantile establishment;
(2) "Mercantile establishment", means any mercantile place of business in, at, or from which goods, wares and merchandise are sold, offered for sale or delivered from and sold at retail or wholesale;
(3) "Merchandise", means all goods, wares and merchandise offered for sale or displayed by a merchant;
(4) "Wrongful taking", includes stealing of merchandise or money and any other wrongful appropriation of merchandise or money.
Laws 1957, p. 165, § 1; Laws 1967, c. 223, § 1, emerg. eff. May 2, 1967.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1343. Detention of suspect - Purposes.

Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner for a reasonable length of time for all or any of the following purposes:
(a) Conducting an investigation, including reasonable interrogation of the detained person, as to whether there has been a wrongful taking of such merchandise or money;
(b) Informing the police or other law enforcement officials of the facts relevant to such detention;
(c) Performing a reasonable search of the detained person and his belongings when it appears that the merchandise or money may otherwise be lost; and
(d) Recovering the merchandise or money believed to have been taken wrongfully. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee criminally or civilly liable to the person so detained.
Laws 1967, c. 223, § 2, emerg. eff. May 2, 1967.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1344. Concealing unpurchased merchandise - Presumption.

Any person concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of Section 1341 of this title, and such concealment or the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be conclusive evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time, of such person by a merchant, his agent or employee, and any such reasonable detention shall not be deemed to be unlawful, nor render such merchant, his agent or employee criminally or civilly liable.
Laws 1967, c. 223, § 3, emerg. eff. May 2, 1967.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1346. Appropriate court - Definition.

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.
Laws 1977, c. 109, § 2, eff. Oct. 1, 1977.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1348. Enforcement of agreement.

All courts, departments, agencies, officers and employees of the United States and of the State of Oklahoma are hereby directed to enforce the agreement on detainers and to cooperate with one another and with all party states in enforcing the agreement and effectuating its purpose.
Laws 1977, c. 109, § 4, eff. Oct. 1, 1977.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1355. Short title - Creation of System.

A. Sections 1355 through 1369 of this title shall be known and may be cited as the "Indigent Defense Act".
B. The Oklahoma Indigent Defense System is hereby created, to provide counsel in cases, as provided in the Indigent Defense Act, in which the defendant is indigent and unable to employ counsel.
C. Unless otherwise provided, the provisions of the Indigent Defense Act shall not be applicable in counties subject to the provisions of Section 138.1a of Title 19 of the Oklahoma Statutes.
Added by Laws 1981, c. 207, § 1, emerg. eff. May 26, 1981. Amended by Laws 1988, c. 253, § 3, operative July 1, 1988; Laws 1991, c. 238, § 1, eff. July 1, 1991; Laws 1992, c. 303, § 1, eff. July 1, 1992; Laws 1996, c. 301, § 3, eff. July 1, 1996; Laws 2001, c. 210, § 1, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1355.1. Oklahoma Indigent Defense System Board.

There is hereby created the Oklahoma Indigent Defense System Board. The Board shall govern the Oklahoma Indigent Defense System. The Board shall be composed of five (5) members appointed for five-year terms by the Governor with the advice and consent of the Senate. At least three members shall be attorneys licensed to practice law in the State of Oklahoma who have experience through the practice of law in the defense of persons accused of crimes. The Governor shall designate one Board member to serve as chair. No congressional district shall be represented by more than one member on the Board. However, when congressional districts are redrawn each member appointed prior to July 1 of the year in which such modification becomes effective shall complete the current term of office and appointments made after July 1 of the year in which such modification becomes effective shall be based on the redrawn districts. Appointments made after July 1 of the year in which such modification becomes effective shall be from any redrawn districts which are not represented by a board member until such time as each of the modified congressional districts are represented by a board member. No appointments may be made after July 1 of the year in which such modification becomes effective if such appointment would result in more than two members serving from the same modified district. No county shall be represented by more than one member. The Board shall meet at least every other month upon the call of the chair. Board members shall serve without compensation, but shall be reimbursed for their necessary travel expenses as provided by the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes. The terms of office for the initial appointees to the Board shall be as follows:
1. The term for Position One shall expire on July 1, 1989;
2. The term for Position Two shall expire on July 1, 1990;
3. The term for Position Three shall expire on July 1, 1991;
4. The term for Position Four shall expire on July 1, 1992; and
5. The term for Position Five shall expire on July 1, 1993.
A Board member shall be eligible for reappointment and shall continue in office until his successor has been appointed, qualified and confirmed by the Senate.
Added by Laws 1988, c. 253, § 4, operative July 1, 1988. Amended by Laws 1991, c. 238, § 2, eff. July 1, 1991; Laws 1992, c. 303, § 2, eff. July 1, 1992; Laws 1994, c. 328, § 1, eff. July 1, 1994; Laws 1998, c. 201, § 1, emerg. eff. May 11, 1998; Laws 2001, c. 210, § 2, eff. July 1, 2001; Laws 2002, c. 375, § 4, eff. Nov. 5, 2002.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1355.2. Definitions.

A. As used in the Indigent Defense Act:
1. "Board" means the Oklahoma Indigent Defense System Board;
2. "Executive Director" means the chief executive officer of the Oklahoma Indigent Defense System; and
3. "System" means the Oklahoma Indigent Defense System.
B. As used in the Oklahoma Statutes, references to "public defender" shall mean a county indigent defender for a county subject to the provisions of Section 138.1a of Title 19 of the Oklahoma Statutes, an attorney who represents indigents pursuant to a contract with the System or who agrees to accept assignments of cases from the System to represent indigents, or an attorney employed by the System.
Added by Laws 1991, c. 238, § 3, eff. July 1, 1991. Amended by Laws 1992, c. 303, § 3, eff. July 1, 1992; Laws 2001, c. 210, § 3, eff. July 1, 2001.