reglab/statecodes huggingface dataset:
2023 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.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-330. Discharge of grand jury.

On the completion of the business before the grand jury, or completion of the statutory time limit for sessions of a grand jury, or whenever the court shall be of the opinion that the public interests will not be subserved by further continuance of the session, the grand jury must be discharged, but whether the business be completed or not they are discharged by the final adjournment of the court, or by the judge of the district holding court in some other county of the state, not within the judicial district in which the grand jury is called.
R.L.1910, § 5715; Laws 1961, p. 236, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-333. Evidence before grand jury.

In the investigation of a charge for the purpose of presenting an indictment or accusation, the grand jury may receive the written testimony of the witnesses taken in a preliminary examination of the same charge, and also the sworn testimony prepared by the district attorney without bringing those witnesses before them, and may hear evidence given by witnesses produced and sworn before them, and may also receive legal documentary evidence. Each indictment or accusation shall be voted on separately by the grand jury.
R.L.1910, § 5719; Laws 1961, p. 236, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-335. Evidence for the accused - Procuring additional evidence.

The grand jurors, upon request of the accused, shall, and on their own motion may, hear the evidence for the accused. It is their duty to weigh all the evidence submitted to them and when they have reason to believe that there is other evidence, they may order such evidence to be produced, and for that purpose the State's Attorney shall cause process to issue for the witnesses.
R.L.1910, § 5721; Laws 1961, p. 236, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-338. Subjects for inquiry by grand jury.

The grand jury must inquire:
1. Into the case of every person imprisoned in the jail of the county or subdivision, on a criminal charge, and not indicted.
2. Into the condition and management of the public prisons in the county or subdivision; and,
3. Into the willful and corrupt misconduct in office of public officers of every description in the county or subdivision.
R.L.1910, § 5724.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-340. Advice of court or district attorney – Reproduction or disclosure of transcript - Who may be present.

A. The grand jury may at all reasonable times ask the advice of the court or of the district attorney. In no event shall the grand jury be advised as to the sufficiency or insufficiency of the evidence necessary to return a true bill, in a matter under investigation before them. The district attorney, with or without a regularly appointed assistant district attorney individually or collectively, or if the district attorney and all of his or her assistants are disqualified for any reason, a district attorney or assistant district attorney from another district, appointed by the Attorney General of Oklahoma pursuant to Sections 215.9 and 215.13 of Title 19 of the Oklahoma Statutes, and where proper, the Attorney General, or an assistant attorney general, may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cognizable before them and may interrogate witnesses before them whenever he or she thinks it necessary. A qualified court reporter shall be present and take the testimony of all witnesses.
B. Upon request a transcript of the testimony or any portion thereof shall be made available to an accused or the district attorney, at the expense of the requesting party or officer, and, in the event of an indigent accused, at the expense of the state. Any person who obtains a copy of a transcript shall not reproduce the transcript in whole or in part or otherwise disclose its contents to any person other than his or her attorney without leave of the court. Violation of this provision shall be punishable as contempt. Provided, nothing in this section shall prohibit the attorney for the accused, the district attorney or assistant district attorney from reproducing in whole or in part the transcribed testimony of a witness he or she anticipates calling to testify at trial and providing same to said witness for the sole purpose of preparing for trial.
C. No other person is permitted to be present during sessions of the grand jury except the members of the grand jury, the witness actually under examination, and one attorney representing such witness, except that an interpreter, when necessary, may be present during the interrogation of a witness; provided that, no person, except the members of the grand jury, shall be permitted to be present during the expression of juror opinions or the giving of votes upon any matter before the grand jury; provided further that neither the district attorney, nor an assistant district attorney, may be present or participate in an official capacity, as herein provided, during an investigation by the grand jury of the district attorney's office, or of any person officially associated with said office.
R.L. 1910, § 726; Laws 1961, p. 236, § 1; Laws 1965, c. 532, § 1; Laws 1967, c. 226, § 1, emerg. eff. May 2, 1967; Laws 1974, c. 60, § 1; Laws 1989, c. 179, § 3, eff. Nov. 1, 1989; Laws 1999, c. 147, § 1, emerg. eff. May 3, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-342. Juror may disclose proceedings, when.

A member of the grand jury may, however, be required by any court to disclose the testimony of a witness examined before the grand jury for the purpose of ascertaining whether it is consistent with that given by the witness before the court, or to disclose the testimony given before them by any person, upon a charge against him for perjury in giving his testimony or upon his trial therefor.
R.L.1910, § 5729.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-343. Privilege of grand juror.

A grand juror cannot be questioned for anything he may say, or any vote he may give in the grand jury, relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty in making an accusation or giving testimony to his fellow jurors.
R.L.1910, § 5729.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-344. Interpreter - Appointment - Compensation.

That upon the request of either the district attorney, or the grand jurors, the district judge who has called a grand jury shall appoint, whenever necessary, an interpreter, and shall swear him to secrecy, not to disclose any testimony or the name of any witness which shall be presented to the grand jury except when testifying in a court of record.
The compensation for any interpreter thus appointed shall be fixed and allowed by the judge appointing him, and such fees, when earned, may be allowed and paid from time to time as they accrue, and shall be paid from the funds from which the grand jurors are paid.
Laws 1941, p. 88, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-345. Restrictions on sessions before and after elections.

No grand jury shall be convened or remain in session during a period beginning thirty (30) days before any Primary, Runoff Primary, or General Election, for state or county offices, and ending ten (10) days after such Primary, Runoff Primary, or General Election. Any grand jury in session at the commencement of any such period shall be discharged forthwith. The provisions of this section shall not apply to a multicounty grand jury convened pursuant to the Multicounty Grand Jury Act, Section 350 et seq. of this title.
Amended by Laws 1990, c. 232, § 2, emerg. eff. May 18, 1990.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-346. Reports of investigations of public offices or institutions.

In addition to any indictments or accusations that may be returned, the grand jury, in their discretion, may make formal written reports as to the condition and operation of any public office or public institution investigated by them. No such report shall charge any public officer, or other person with willful misconduct or malfeasance, nor reflect on the management of any public office as being willful and corrupt misconduct. It being the intent of this section to preserve to every person the right to meet his accusers in a court of competent jurisdiction and be heard, in open court, in his defense.
Laws 1961, P. 237, Sec. 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-350. Multicounty Grand Jury Act - Conflicting provisions.

This act shall be known and may be cited as the "Multicounty Grand Jury Act". All matters not specifically governed by the provisions of the Multicounty Grand Jury Act shall be subject to the provisions governing grand juries. If the provisions of the Multicounty Grand Jury Act conflict with the provisions governing grand juries, the provisions of the Multicounty Grand Jury Act shall govern.
Added by Laws 1987, c. 99, § 1, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-351. Verified application - Order - Authority of district attorney.

A. 1. Whenever the Attorney General considers it to be in the public interest to convene a grand jury with jurisdiction extending beyond the boundaries of a single county, he or she shall file a verified application with the Chief Justice of the Supreme Court, or with such Justice of the Supreme Court as is designated by rule to receive such application.
2. The application shall:
a.
state that in the judgment of the Attorney General, the convening of a multicounty grand jury is necessary because of organized crime or public corruption, or both, involving more than one county of the state and that, in the judgment of the Attorney General, the investigation cannot be adequately performed by a county grand jury, and
b.
specify those counties for which the multicounty grand jury is to be convened.
3. The Supreme Court, within fifteen (15) days, shall determine whether or not to issue an order convening the multicounty grand jury. If an order is issued convening said jury, the purpose or purposes shall be set forth in such order.
B. An order granting the convening of a multicounty grand jury issued under subsection A of this section shall:
1. Convene a multicounty grand jury having jurisdiction over any subject matter listed in Section 353 of this title which occurs in any single county or in multiple counties of this state approved by the Supreme Court and requested in the application by the Attorney General;
2. Designate a district court judge to be the presiding judge over such multicounty grand jury and provide that such judge shall, with respect to investigations, indictments, reports, and all other proper activities of said multicounty grand jury, have jurisdiction over all counties in the jurisdiction of said multicounty grand jury; and
3. Provide for such other incidental arrangements as may be necessary, including a determination of the share of costs attributable to the state.
C. The impaneling of a multicounty grand jury shall not be construed to diminish the responsibility or the authority of any district attorneys within their respective jurisdictions to investigate and prosecute organized crime or public corruption, or any other crime.
Added by Laws 1987, c. 99, § 2, eff. Nov. 1, 1987. Amended by Laws 2003, c. 388, § 1, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-352. Regular term - Extension.

A. The regular term of a multicounty grand jury shall be eighteen (18) months unless an order for discharge is entered earlier:
1. by the court after the multicounty grand jury determines by majority vote that its business is completed; or
2. by the court, on its own motion or on the motion of the Attorney General, upon a determination that termination is in the public interest.
B. The regular term of a multicounty grand jury may be extended by the presiding judge for a specified time period upon a verified petition by the Attorney General stating that an extension is necessary to conclude a grand jury inquiry begun prior to the expiration of the regular term. No jury so extended shall serve for more than twenty-four (24) months, unless permission is granted by the Supreme Court.
Added by Laws 1987, c. 99, § 3, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-353. Jurisdiction.

A. The jurisdiction of a multicounty grand jury impaneled under the Multicounty Grand Jury Act shall extend throughout the state, including but not limited to, a single county as designated in the State Supreme Court's order convening the multicounty grand jury.
B. The subject matter jurisdiction of the multicounty grand jury shall be limited to:
1. Murder;
2. Rape;
3. Bribery;
4. Extortion;
5. Arson;
6. Perjury;
7. Fraud;
8. Embezzlement;
9. Manufacturing, distribution, dispensing, possession or possession with intent to manufacture, distribute or dispense, a controlled dangerous substance, or any other violation of Section 2-101 et seq. of Title 63 of the Oklahoma Statutes;
10. Organized crime, which for purposes of the Multicounty Grand Jury Act, means any unlawful activity of an association trafficking in illegal goods or services, including but not limited to, gambling; loan sharking; controlled dangerous substances; labor racketeering, or other unlawful activities; or any continuing criminal conspiracy or other unlawful practice which has as its objectives improper governmental influence or economic gain through fraudulent or coercive practices;
11. Public corruption, which for purposes of the Multicounty Grand Jury Act, means any unlawful activity under color of or in connection with any public office or employment of any law enforcement officer, public official, public employee, candidate for public office, or any agent thereof;
12. The registration or failure to register securities;
13. The offer or sale of securities;
14. The sale or purchase of goods or services by or for the state or any political subdivision thereof, or the misappropriation of funds belonging to or entrusted to the state or any political subdivision thereof; and
15. All character and grades of crime pursuant to Section 18 of Article II of the Oklahoma Constitution.
Added by Laws 1987, c. 99, § 4, eff. Nov. 1, 1987. Amended by Laws 1990, c. 232, § 3, eff. May 18, 1990; Laws 2003, c. 388, § 2, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-354. Powers - Document copies or reproductions.

A. The multicounty grand jury shall have the power to:
1. compel the attendance of witnesses;
2. compel the testimony of witnesses under oath;
3. take testimony of witnesses who have been granted immunity;
4. require the production of documents, records and other evidence;
5. obtain the initiation of civil and criminal contempt proceedings; and
6. exercise any investigative power of any grand jury of the state.
B. Any document produced before a multicounty grand jury may be copied or reproduced. Each statement, question, comment, or response of the presiding judge, the Attorney General or his designee, any witness, any grand juror or any other person which is made in the presence of the multicounty grand jury, except its deliberations and the vote of any juror, shall be stenographically recorded or transcribed, or both.
Added by Laws 1987, c. 99, § 5, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-355. Disclosures - Witness right to assistance of counsel.

A. Disclosure of matters occurring before the multicounty grand jury other than its deliberations and the vote of any juror may be used by the Attorney General in the performance of his duties. The Attorney General may disclose so much of the multicounty grand jury's proceedings to law enforcement agencies as he considers essential to the public interest and effective law enforcement. Otherwise, a grand juror, attorney, interpreter, stenographer, operator of any recording device, or any typist who transcribes recorded testimony may disclose matters occurring before the multicounty grand jury only when so directed by the court. All such persons shall be sworn to secrecy and shall be in contempt of court if they reveal any information which they are sworn to keep secret.
B. 1. A witness subpoenaed to appear and testify before a multicounty grand jury or to produce documents, records, or other evidence shall be entitled to the assistance of counsel, including assistance during such time as the witness is questioned in the presence of the multicounty grand jury.
2. If counsel desired by the witness is not available, the witness shall obtain other counsel within a reasonable time in order that the multicounty grand jury may proceed with its investigation.
3. Such counsel may be retained by the witness or shall be appointed in the case of any person unable to procure sufficient funds to obtain legal representation.
4. Such counsel shall be allowed to be present in the grand jury room during the questioning of the witness and shall be allowed to advise the witness but shall make no objections or arguments or otherwise address the multicounty grand jury or its legal advisor. The presiding judge shall have the same power to remove such counsel from the grand jury room as a judge has with respect to an attorney in any court proceeding. Violation of this subsection shall be punishable as contempt.
C. No witness shall be prohibited from disclosing his testimony before the multicounty grand jury except for cause shown in a hearing before the presiding judge. In no event may a witness be prevented from disclosing his testimony to his attorney.
Added by Laws 1987, c. 99, § 6, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-356. Jurisdictional limits - Investigations.

Nothing in the Multicounty Grand Jury Act shall be construed to limit the jurisdiction of the county grand juries or district attorneys nor shall an investigation by a multicounty grand jury be preemptive of a previously instituted investigation by another grand jury or agency having jurisdiction under the same subject matter unless good cause is shown.
Added by Laws 1987, c. 99, § 7, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-357. Presentation of evidence - Power to prosecute.

The presentation of evidence to a multicounty grand jury shall be made by the Attorney General or his designee. When an indictment or accusation for removal is returned, the Attorney General, his designee, or the designated district attorney in whose district the case is filed, shall be empowered to prosecute such indictment or accusation for removal in the district court where venue is proper.
Added by Laws 1987, c. 99, § 8, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-358. Venue - Consolidation of indictment.

A. Any indictment or accusation for removal by a multicounty grand jury shall be returned to the presiding judge without designation of venue. Thereupon, the judge, by order, shall designate the county of venue for the purpose of trial. The judge, by order, may direct the consolidation of an indictment returned by a county grand jury with an indictment returned by a multicounty grand jury and fix venue for trial.
B. If a multicounty grand jury, pursuant to its investigation, learns of an offense for which it lacks jurisdiction to indict, the multicounty grand jury shall direct the Attorney General to inform the appropriate prosecutorial authority.
Added by Laws 1987, c. 99, § 9, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-359. Prospective juror list - Numbers and qualifications.

A. The Administrative Director of the Courts, upon receipt of the State Supreme Court order convening a multicounty grand jury, shall prepare a list of up to two hundred prospective jurors drawn from the current grand jury lists of the several counties designated in the order.
B. A multicounty grand jury shall be comprised of the same number of members having the same qualifications as provided by law for a county grand jury; provided, however, not more than one-half (1/2) of the members of a multicounty grand jury shall be residents of any one county.
C. Where an electronic jury management system has been authorized for use in the courts pursuant to Section 13 of this act, the Administrative Director of the Courts is authorized to select and summon multicounty grand jurors utilizing the automated functionality provided in the jury management system.
D. The process of impaneling the multicounty grand jury shall be conducted under the supervision and control of the judge presiding over the multicounty grand jury and may be conducted in the same manner as is provided by law for impanelment of county grand and petit juries using the electronic jury management system.
E. Whenever the approved electronic jury management system is used to randomly select and sequentially order juror names during any step in the multicounty grand jury selection process, the laws relating to the use of a jury wheel, and laws requiring paper ballots drawn from a jury wheel or a shaken box, shall not apply, including but not limited to those requirements set forth in Sections 301 through 363 and Sections 591 through 693 of this title.
Added by Laws 1987, c. 99, § 10, eff. Nov. 1, 1987. Amended by Laws 2004, c. 239, § 1, eff. July 1, 2004; Laws 2015, c. 242, § 1, emerg. eff. May 4, 2015.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-360. Summons for service.

A. The court clerk of the county in which a prospective member of a multicounty grand jury resides, upon receipt from the Administrative Director of the Courts of a list of prospective multicounty grand jurors residing in the county, shall cause such prospective jurors to be summoned for service.
B. Where an electronic jury management system has been authorized for use in the courts pursuant to Section 13 of this act, the Administrative Director of the Courts is authorized to issue and serve summons to the panel of prospective multicounty grand jurors utilizing the approved system. The Administrative Director of the Courts shall develop a standard summons form for multicounty grand jurors. The Administrative Director of the Courts is authorized to utilize the jury management system to prepare the summons and shall mail the summons by first-class mail to every person whose name is drawn for the multicounty grand jury, not less than ten (10) days prior to the day the person is to appear.
Added by Laws 1987, c. 99, § 11, eff. Nov. 1, 1987. Amended by Laws 2015, c. 242, § 2, emerg. eff. May 4, 2015.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-361. Foreman.

From the persons selected to serve as multicounty grand jurors, the court shall appoint a foreman. The court shall also appoint a foreman when a person already appointed is discharged or excused before the multicounty grand jury is dismissed.
Added by Laws 1987, c. 99, § 12, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-363. Compensation and reimbursement.

Multicounty grand jurors shall be compensated as provided in Section 86 of Title 28 of the Oklahoma Statutes, and shall be reimbursed for necessary expenses on a per diem basis in the same manner and at the same rate as is prescribed by law for state employees.
Added by Laws 1987, c. 99, § 14, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-382. Charge dismissed, when.

If nine grand jurors do not concur in finding an indictment against a defendant who has been held to answer the original information or the certified record of the proceedings before the magistrate transmitted to them, must be returned to the court, with an endorsement thereon, signed by the foreman, to the effect that the charge is dismissed.
R.L.1910, § 5731.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-384. Names of witnesses endorsed on indictment.

When an indictment is found, the names of the witnesses examined before the grand jury must be endorsed thereon before the same is presented to the court, but a failure to so endorse the said names shall not be sufficient reason for setting aside the indictment if the district attorney or prosecuting officer will within a reasonable time, to be fixed by the court, endorse the names of the witnesses for the prosecution on the indictment. Provided that the names of witnesses examined before the grand jury on matters not concerning the indictment in question shall not be endorsed on the indictment relative to such case. The court or judge may, at any time, direct the names of additional witnesses for the prosecution to be endorsed on the indictment, and shall order that such names be furnished to the defendant or his counsel.
R.L.1910, § 5733; Laws 1967, c. 268, § 1, emerg. eff. May 8, 1967.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-385. Presentment and filing of indictment - Prohibition against disclosure.

An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk, and remain in the clerk's office as a public record. Upon the request of the grand jury's legal advisor, the presiding judge of the grand jury may order the indictment sealed until the defendant is arrested.
R.L.1910, § 5734. Amended by Laws 1961, p. 237, § 1; Laws 2012, c. 176, § 2, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-401. Requisites of indictment or information.

The indictment or information must contain:
1. The title of the action, specifying the name of the court to which the indictment or information is presented, and the names of the parties.
2. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of
R.L.1910, § 5738.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-403. Designation of defendant by fictitious name.

When a defendant is indicted or prosecuted by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, referring to the fact of his being charged by the name mentioned in the indictment or information.
R.L.1910, § 5740.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-404. Single offense to be charged - Different counts.

The indictment or information must charge but one offense, but where the same acts may constitute different offenses, or the proof may be uncertain as to which of two or more offenses the accused may be guilty of, the different offenses may be set forth in separate counts in the same indictment or information and the accused may be convicted of either offense, and the court or jury trying the cause may find all or either of the persons guilty of either of the offenses charged, and the same offense may be set forth in different forms or degrees under different counts; and where the offense may be committed by the use of different means, the means may be alleged in the alternative in the same count.
R.L.1910, § 5741.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-406. Misdescription of person injured or intended to be injured.

When an offense involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, is not material.
R.L.1910, § 5743. d
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-409. Indictment or information, when sufficient.

The indictment or information is sufficient if it can be understood therefrom:
1. That it is entitled in a court having authority to receive it, though the name of the court be not stated.
2. That it was found by a grand jury or presented by the district attorney of the county in which the court was held.
3. That the defendant is named, or if his name cannot be discovered, that he is described by a fictitious name, with the statement that his true name is unknown.
4. That the offense was committed at some place within the jurisdiction of the court, except where the act, though done without the local jurisdiction of the county, is triable therein.
5. That the offense was committed at some time prior to the time of filing the indictment or information.
6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
7. That the act or omission charged as the offense, is stated with such a degree of certainty, as to enable the court to pronounce judgment upon a conviction according to the right of the case.
R.L.1910, § 5746.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-412. Pleading a judgment.

In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction it is not necessary to state the facts conferring jurisdiction; but the judgment or determination may be stated to have been duly given or made. The facts constituting jurisdiction, however, must be established on the trial.
R.L.1910, § 5749.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-421. Arson - Omission or error in designating owner or occupant.

An omission to designate, or error in designating in indictment for arson, the owner or occupant of a building, shall not prejudice the proceedings thereupon, if it appears that upon the whole description given of the building, it is sufficiently identified to enable the prisoner to prepare his defense.
R.L.1910, § 2604.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-422. Libel, indictment or information for.

An indictment or information for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter on which the indictment or information is founded, but it is sufficient to state generally that the same was published concerning him, and the fact that it was so published must be established on the trial.
R.L.1910, § 5751.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-423. Forgery, misdescription of forged instrument immaterial, when.

When an instrument, which is the subject of an indictment or information for forgery, has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment or information and established on the trial, the misdescription of the instrument is immaterial.
R.L.1910, § 5752.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-424. Perjury, indictment or information for.

In an indictment or information for perjury, or subornation of perjury, it is sufficient to set forth the substance of the controversy or matter in respect to which the offense was committed, and in what court or before whom the oath alleged to be false was taken; and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before whom the perjury was committed.
R.L.1910, § 5753.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-425. Larceny or embezzlement, indictment or information for.

In an indictment or information for the larceny or embezzlement of money, bank notes, certificates of stock or valuable securities, or for a conspiracy to cheat and defraud a person of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank notes, certificates of stock or valuable securities, without specifying the coin, number, denomination or kind thereof.
R.L.1910, § 5754.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-426. Obscene literature, indictment or information for handling.

An indictment or information for exhibiting, publishing, passing, selling or offering to sell, or having in possession with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper or writing, but it is sufficient to state generally the fact of the lewdness or obscenity thereof.
R.L.1910, § 5755. d
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-432. Accessories and principals in felony.

The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated, and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, must be prosecuted, tried and punished as principals, and no additional facts need be alleged in any indictment or information against such an accessory than are required in an indictment or information against his principal.
R.L. 1910, Sec. 5757.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-434. Compounding a crime - Separate prosecution.

A person may be prosecuted for having, with the knowledge of the commission of a public offense, taken money or property of another, or a gratutiy or reward, or an engagement or promise therefor, upon the agreement or understanding, express or implied, to compound or conceal the offense, or to abstain from a prosecution therefor, or to withhold any evidence thereof, though the person guilty of the original offense have not been indicted or tried.
R.L.1910, § 5759.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-436. Charging of two or more defendants in same indictment or information - Counts.

Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately, provided that all of the defendants charged together in the same indictment or information are alleged to have participated in all of the same acts or transactions charged.
Laws 1968, c. 311, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-438. Trial of two or more indictments or informations.

The court may order two or more indictments or informations or both to be tried together if the offenses and the defendants, if there is more than one, could have been joined in a single indictment or information. The procedure shall be the same as if the prosecution was under such single indictment or information.
Laws 1968, c. 311, § 3.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-439. Relief from prejudicial joinder.

If it appears that a defendant or the state is prejudiced by joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court shall order an election or separate trial of counts, grant a severance of defendants, or provide whatever other relief justice requires.
Laws 1968, c. 311, § 4.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-441. Indictments - When and where transferred.

The grand jury of each county in the state is hereby empowered and authorized to investigate all felonies and misdemeanors committed in their respective jurisdictions; and upon the filing of an indictment in the district court, which charges an offense over which such court has no jurisdiction, the judge of such court shall as soon as convenient, make an order transferring the same to such inferior court as may have jurisdiction to try the offense therein charged, stating in such order the cause transferred, and to what court transferred.
R.L.1910, § 5551.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-442. Records to be certified to proper court - Costs.

It shall be the duty of the clerk of the district court, without delay, to deliver the indictment in all cases transferred, together with all the papers relating to each case, to the proper court or justice of the peace, as directed in the order of transfer; and he shall accompany each case with a certified copy of all the proceedings taken therein in the district court, and also with a bill of the costs that have accrued therein in the district court, and the said costs shall be collected in the court in which said cause is tried, in the same manner as other costs are collected in criminal cases.
R.L.1910, § 5552.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-444. Retransfer in case of error.

When a cause has been improperly transferred to a court which has no jurisdiction of the same, the court to which it has been transferred shall order it to be retransferred to the proper court, and the same proceedings shall be had as in the case of original transfer. In such case the defendant and the witnesses shall be held bound to appear before the court to which the case has been retransferred, the same as they were bound to appear before the court so transferring the same.
R.L.1910, § 5554.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-445. Transfer to county of proper venue.

In all criminal cases pending in any county where the venue properly lies in another county, the court may, upon motion of the county attorney, or upon its own motion, transfer such cause to the county of proper venue; such transfer, in all respects, shall be made in the manner provided by law.
R.L.1910, § 5555.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-454. Bench warrant to issue, when.

If the defendant has been discharged on bail, or have deposited money instead thereof, and does not appear to be arraigned, when his personal attendance is necessary, the court in addition to the forfeiture of the undertaking of bail or of the money deposited, may direct the clerk to issue a bench warrant for his arrest.
R.L.1910, § 5763.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-456. Bench warrant, form of, in case of felony.

The bench warrant must, if the offense is a felony, be substantially in the following form:
County of..........
State of Oklahoma,
To any sheriff, constable, policeman or marshal in this state:
An indictment having been found (or information filed) on the ......... day of ......... , A. D., 19... , in the district court in and for the county of ....... , charging C. D. with the crime of ........ , (designating it generally) you are therefore commanded forthwith to arrest the above named C. D., and bring him before the court (or before the court to which the indictment or information may have been removed, naming it) to answer said indictment or information; or if the court have adjourned for the term, that you deliver him into the custody of the sheriff of the county of ............
Given under my hand, with the seal of said court affixed this ..... day of ...... A. D., 19.....
By order of the court.
(Seal) E. F., Clerk.
R.L.1910, § 5765.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-456A. Bench warrant, fee for issuance of.

For the issuance of each bench warrant for a defendant's failure to pay court costs, fines, fees, or assessments in felony, misdemeanor, or traffic cases, the court clerk shall charge and collect a fee of Five Dollars ($5.00). The fee shall be included in the execution bond amount on the face of the bench warrant which is issued for the defendant's failure to pay and shall be in addition to the delinquent amount owed by the defendant. This fee shall be deposited in the court clerk's revolving fund pursuant to the provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Added by Laws 1995, c. 132, § 1, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-457. Bench warrant in case of misdemeanor or bailable felony.

If the offense is a misdemeanor or a bailable felony, the bench warrant must be in a similar form, adding to the body thereof a direction to the following effect:
Or if he requires it that you take him before any magistrate in that county or in county in which you arrest him, that he may give bail to answer the indictment or information.
R.L.1910, § 5766.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-458. Court to fix amount of bail - Endorsement.

If the offense charged is bailable the court, upon directing the bench warrant to issue, must fix the amount of bail and an endorsement must be made on the bench warrant and signed by the clerk, to the following effect:
The defendant is to be admitted to bail in the sum of ......... Dollars.
R.L.1910, § 5767.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-459. Defendant held when offense not bailable.

The defendant, when arrested under a warrant for an offense not bailable, shall be held in custody by the sheriff of the county in which the indictment or information is filed. If the sheriff has contracted for the custody of prisoners in the county, such contractor shall be required to hold in custody any prisoner delivered to the contractor pursuant to this section.
R.L.1910, § 5768. Amended by Laws 2003, c. 199, § 4, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-462. Defendant committed or bail increased after indictment or information.

When the indictment or information is for a felony, and the defendant, before the finding thereof, has given bail for his appearance to answer the charge, the court to which the indictment or information is presented, or sent or removed for trial, may order the defendant to be committed to actual custody, either without bail, or unless he give bail in an increased amount, to be specified in the order.
R.L.1910, § 5771. R.L.1910, § 5771.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-468. Proceedings where another name given.

If he alleges that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent proceedings on the indictment or information may be had against him by that name, referring also to the name by which he is indicted or informed against.
R.L.1910, § 5777.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-470. Time for arraignment upon charge of felony.

The arraignment of the defendant shall be held within thirty (30) days after the defendant is ordered held for trial upon a preliminary information charging the commission of a felony; provided, for good cause, the court may set a later date.
Laws 1968, c. 175, § 4, eff. Jan. 13, 1969.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-471.3. Initial hearing.

A. At the initial hearing for consideration of an offender for a drug court program, the district attorney shall determine whether:
1. The offender has approval to be considered for the drug court program; and
2. Any statutory preclusion, other prohibition, or program limitation exists and is applicable to considering the offender for the program.
The district attorney may object to the consideration of an offender for the drug court program at the initial hearing.
B. If the offender voluntarily consents to be considered for the drug court program and has signed and filed the required form requesting consideration, and no objection has been made by the district attorney, the court may refer the offender for a drug court investigation as provided in Section 471.4 of this title, and set a date for a hearing to determine final eligibility for admittance into the program.
C. Upon any objection of the district attorney for consideration of an offender for the program, the court shall deny consideration of the offender's request for participation in the drug court program. Upon denial for consideration in the drug court program at the initial hearing, the criminal case shall proceed in the traditional manner. A denial of consideration of the offender for the program shall not preclude any future consideration of the offender for the drug court program with the approval of the district attorney.
Added by Laws 1997, c. 359, § 4, eff. July 1, 1997. Amended by Laws 2018, c. 253, § 2, eff. Nov. 1, 2018; Laws 2022, c. 277, § 3.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-471.5. Admissibility of statements or evidence.

A. 1. Any statement, or any information procured therefrom, made by the offender to any supervising staff, which is made during the course of any drug court investigation conducted by the supervising staff pursuant to Section 5 of this act, and any report of the supervising staff's findings and recommendations to the court, the district attorney, or the defense counsel shall not be admissible in the criminal case pending against the offender.
2. Any statement, or any information procured therefrom, with respect to the specific offense for which the offender was arrested or is charged, which is made to any supervising staff subsequent to the granting of admission of the offender to the drug court program, shall not be admissible in the pending criminal case nor shall such be grounds for the revocation of an offender from the program.
3. In the event that an offender is denied admission to the drug court program or is subsequently revoked from the program, any information gained from the drug court investigation, any statements or information divulged during the drug court investigation or any treatment session shall not be used in the sentencing of the offender for the original criminal offense.
4. The restrictions provided in this section shall not preclude the admissibility of statements or evidence obtained by the state from independent sources.
B. 1. The offender, as consideration for entering the drug court program, must consent to a full and complete photographic record of property which was to be used as evidence in the pending criminal case. The photographic record shall be competent evidence of such property and admissible in any criminal action or proceeding as the best evidence.
2. After the photographic record is made, the property shall be returned as follows:
a.
property, except that which is prohibited by law, shall be returned to its owner after proper verification of title,
b.
the return to the owner shall be without prejudice to the state or to any person who may have a claim against the property, and
c.
when a return is made to the owner, the owner shall sign, under penalty of perjury, a declaration of ownership, which shall be retained by the person in charge of the property at the police department or sheriff's office.
Added by Laws 1997, c. 359, § 6, eff. July 1, 1997.