reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-59. Immunity from liability – Presumption of good faith.

A. Any physician, surgeon, resident, intern, physician’s assistant, registered nurse, or any other health care professional examining, attending, or treating the victim of what appears to be domestic abuse or is reported by the victim to be domestic abuse, participating in good faith and exercising due care in the making of a report pursuant to the provisions of the Domestic Abuse Reporting Act shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any participant shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.
B. No physician, surgeon, resident, intern, physician’s assistant, registered nurse, or any other health care professional examining, attending, or treating any victim who is over the age of eighteen (18) years and is not an incapacitated adult of what appears to be domestic abuse or is reported by the victim to be domestic abuse, shall not be required to make a report of the criminally injurious conduct unless requested by the victim to do so and shall have immunity from liability, civil or criminal, that might otherwise be incurred or imposed for not making the report. Any participant shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.
C. For purposes of any proceeding, civil or criminal, the good faith of any physician, surgeon, intern, physician’s assistant, registered nurse, or any other health care professional in making a report pursuant to the provisions of Section 3 of this act shall be presumed.
Added by Laws 2005, c. 53, § 4, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.5. Access to protective orders by law enforcement agencies.

A. Within twenty-four (24) hours of the return of service of any emergency temporary, ex parte or final protective order, the clerk of the issuing court shall send certified copies thereof to all appropriate law enforcement agencies designated by the plaintiff. A certified copy of any extension, modification, vacation, cancellation or consent agreement concerning a final protective order shall be sent within twenty-four (24) hours by the clerk of the issuing court to those law enforcement agencies receiving the original orders pursuant to this section and to any law enforcement agencies designated by the court.
B. Any law enforcement agency receiving copies of the documents listed in subsection A of this section shall be required to ensure that other law enforcement agencies have access twenty-four (24) hours a day to the information contained in the documents which may include entry of information about the emergency temporary, ex parte or final protective order in the National Crime Information Center database.
Added by Laws 1982, c. 255, § 6, eff. Oct. 1, 1982. Amended by Laws 1983, c. 290, § 4, eff. Nov. 1, 1983; Laws 1994, c. 290, § 58, eff. July 1, 1994; Laws 1997, c. 368, § 2, eff. Nov. 1, 1997; Laws 1999, c. 97, § 2, eff. Nov. 1, 1999; Laws 2000, c. 370, § 9, eff. July 1, 2000; Laws 2019, c. 113, § 4, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.7. Statewide and nationwide validity of orders.

All orders issued pursuant to the provisions of the Protection from Domestic Abuse Act, Section 60 et seq. of this title, shall have statewide and nationwide validity, unless specifically modified or terminated by a judge of the district courts.
Added by Laws 1983, c. 290, § 6, eff. Nov. 1, 1983. Amended by Laws 1991, c. 112, § 4, eff. Sept. 1, 1991; Laws 2000, c. 85, § 3, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.8. Seizure and forfeiture of weapons used to commit act of domestic abuse.

A. Each peace officer of this state shall seize any weapon or instrument when such officer has probable cause to believe such weapon or instrument has been used to commit an act of domestic abuse as defined by Section 60.1 of this title, provided an arrest is made, if possible, at the same time.
B. After any such seizure, the District Attorney shall file a notice of seizure and forfeiture as provided in this section within ten (10) days of such seizure, or any weapon or instrument seized pursuant to this section shall be returned to the owner.
C. The seizure and forfeiture provisions of Section 991a-19 of this title shall be followed for any seizure and forfeiture of property pursuant to this section. No weapon or instrument seized pursuant to this section or monies from the sale of any such seized weapon or instrument shall be turned over to the person from whom such property was seized if a forfeiture action has been filed within the time required by subsection B of this section, unless authorized by this section. Provided further, the owner may prove at the forfeiture hearing that the conduct giving rise to the seizure was justified, and if the owner proves justification, the seized property shall be returned to the owner. Any proceeds gained from this seizure shall be placed in the Crime Victims Compensation Revolving Fund.
Added by Laws 1993, c. 235, § 1, eff. Sept. 1, 1993. Amended by Laws 2000, c. 370, § 10, eff. July 1, 2000; Laws 2002, c. 443, § 2, eff. July 1, 2002.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.12. Foreign protective orders – Presumption of validity – Peace officers immune from liability.

A. It is the intent of the Legislature that all foreign protective orders shall have the rebuttable presumption of validity, even if the foreign protective order contains provisions which could not be contained in a protective order issued by an Oklahoma court. The validity of a foreign protective order shall only be determined by a court of competent jurisdiction. Until a foreign protective order is declared invalid by a court of competent jurisdiction it shall be given full faith and credit by all peace officers and courts in the State of Oklahoma.
B. A peace officer of this state shall be immune from liability for enforcing provisions of a foreign protective order.
Added by Laws 2000, c. 85, § 5, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.17. Consideration of certain victims' safety prior to release of defendant on bond - Emergency protective and restraining orders - GPS monitoring.

The court shall consider the safety of any and all alleged victims of domestic violence, stalking, harassment, sexual assault, or forcible sodomy where the defendant is alleged to have violated a protective order, committed domestic assault and battery, stalked, sexually assaulted, or forcibly sodomized the alleged victim or victims prior to the release of the alleged defendant from custody on bond. The court, after consideration and to ensure the safety of the alleged victim or victims, may issue an emergency protective order pursuant to the Protection from Domestic Abuse Act. The court may also issue to the alleged victim or victims an order restraining the alleged defendant from any activity or action from which they may be restrained under the Protection from Domestic Abuse Act. The court shall not consider a "no contact order as condition of bond" as a factor when determining whether the petitioner is eligible for relief. The protective order shall remain in effect until either a plea has been accepted, sentencing has occurred in the case, the case has been dismissed, or until further order of the court dismissing the protective order. In conjunction with any protective order or restraining order authorized by this section, the court may order the defendant to use an active, real-time, twenty-four-hour Global Positioning System (GPS) monitoring device for such term as the court deems appropriate. Upon application of the victim, the court may authorize the victim to monitor the location of the defendant. Such monitoring by the victim shall be limited to the ability of the victim to make computer or cellular inquiries to determine if the defendant is within a specified distance of locations, excluding the residence or workplace of the defendant, or to receive a computer- or a cellular-generated signal if the defendant comes within a specified distance of the victim. The court shall conduct an annual review of the monitoring order to determine if such order to monitor the location of the defendant is still necessary. Before the court orders the use of a GPS device, the court shall find that the defendant has a history that demonstrates an intent to commit violence against the victim, including, but not limited to, prior conviction for an offense under the Protection from Domestic Abuse Act or any other violent offense, or any other evidence that shows by a preponderance of the evidence that the defendant is likely to commit violence against the victim. The court may further order the defendant to pay costs and expenses related to the GPS device and monitoring.
Added by Laws 2004, c. 516, § 4, eff. July 1, 2005. Amended by Laws 2008, c. 114, § 2, eff. Nov. 1, 2008; Laws 2010, c. 346, § 1, eff. Nov. 1, 2010; Laws 2019, c. 113, § 6, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.19. Emergency protective order - Confidentiality.

In proceedings before the court pursuant to Title 10A of the Oklahoma Statutes in which a child is alleged to be deprived, the court, after consideration and to ensure the safety of any child brought into state custody, may issue against the alleged perpetrator of abuse an emergency protective order pursuant to the Protection from Domestic Abuse Act at the emergency custody hearing or after a petition has been filed alleging that a child has been physically or sexually abused. The protective order shall remain in effect until the case has been dismissed or until further order of the court. All emergency protective orders issued by the court pursuant to this section shall remain confidential and shall not be open to the general public; provided, however, copies of the emergency protective order shall be provided to any law enforcement agency designated by the court to effect service upon the defendant.
Added by Laws 2011, c. 102, § 2, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.20. Domestic violence, substance abuse, addiction and mental health training.

The Administrative Office of the Courts shall provide annual domestic violence, substance abuse, addiction and mental health educational training for members of the judiciary. Subject to available funding, curriculum for training required under this section shall include, but not be limited to:
1. Dynamics of domestic violence;
2. The impact of domestic violence on victims and their children including trauma and the neurobiology of trauma;
3. Identifying dominant aggressor;
4. Tactics and behavior of batterers;
5. Victim protection orders and full faith and credit under the Violence Against Women Act of 1994;
6. Rights of victims; and
7. Evidence-based practices regarding behavioral health and treatment of those with substance abuse or mental health needs.
Added by Laws 2013, c. 198, § 4, eff. Nov. 1, 2013. Amended by Laws 2017, c. 351, § 3, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.22. Definitions.

As used in the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act:
1. “Foreign protection order” means a protection order issued by a tribunal of another state;
2. “Issuing state” means the state whose tribunal issues a protection order;
3. “Mutual foreign protection order” means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent;
4. “Protected individual” means an individual protected by a protection order;
5. “Protection order” means an injunction or other order, issued by a tribunal under the domestic violence, family violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual;
6. “Respondent” means the individual against whom enforcement of a protection order is sought;
7. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders; and
8. “Tribunal” means a court, agency, or other entity authorized by law to issue or modify a protection order.
Added by Laws 2008, c. 76, § 2, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.23. Judicial enforcement of foreign protection order.

A. A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this state would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this state for the enforcement of protection orders.
B. A tribunal of this state may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
C. A tribunal of this state shall enforce the provisions of a valid foreign protection order which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
D. A foreign protection order is valid if it:
1. Identifies the protected individual and the respondent;
2. Is currently in effect;
3. Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and
4. Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.
E. A foreign protection order valid on its face is prima facie evidence of its validity.
F. Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
G. A tribunal of this state may enforce provisions of a mutual foreign protection order which favor a respondent only if:
1. The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and
2. The tribunal of the issuing state made specific findings in favor of the respondent.
Added by Laws 2008, c. 76, § 3, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.24. Nonjudicial enforcement of foreign protection order.

A. A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this state. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
B. If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
C. If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
D. Registration or filing of an order in this state is not required for the enforcement of a valid foreign protection order pursuant to this act.
Added by Laws 2008, c. 76, § 4, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.25. Registration of foreign orders - Certified copy - Inaccurate orders - Affidavits - Fee.

A. Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall:
1. Present a certified copy of the order to the Secretary of State; or
2. Present a certified copy of the order to a law enforcement officer and request that the order be registered with the Secretary of State.
B. Upon receipt of a foreign protection order, the Secretary of State shall register the order in accordance with this section. After the order is registered, the Secretary of State shall furnish to the individual registering the order a certified copy of the registered order.
C. The Secretary of State shall register an order upon presentation of a copy of a protection order which has been certified by the issuing state. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this state.
D. An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual’s knowledge, the order is currently in effect.
E. A foreign protection order registered under this act may be entered in any existing state or federal registry of protection orders, in accordance with applicable law.
F. A fee may not be charged for the registration of a foreign protection order.
Added by Laws 2008, c. 76, § 5, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.26. Immunity from liability.

This state or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this act.
Added by Laws 2008, c. 76, § 6, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.29. Application to orders issued before November 1, 2008.

This act applies to protection orders issued before November 1, 2008, and to continuing actions for enforcement of foreign protection orders commenced before November 1, 2008. A request for enforcement of a foreign protection order made on or after November 1, 2008, for violations of a foreign protection order occurring before November 1, 2008, is governed by this act.
Added by Laws 2008, c. 76, § 9, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.30. Integrated domestic violence docket pilot program.

Beginning on January 1, 2016, the Administrative Office of the Courts shall administer a five-year pilot program in any county with a population exceeding five hundred thousand (500,000), which may consist of implementation of an Integrated Domestic Violence Docket to combine, where appropriate, proceedings related to divorce, child custody, domestic violence, protective orders, and criminal and juvenile court cases.
Added by Laws 2015, c. 389, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-60.31. Family justice centers.

Beginning on January 1, 2016, any governmental entity in a county that receives sufficient funds to implement such program may establish a family justice center to assist victims of domestic violence, sexual assault, elder or dependent adult abuse and stalking to ensure that victims of abuse are able to access all needed services in one location in order to enhance victim safety and increase offender accountability. Family justice centers shall comply with all applicable laws and regulations of this state, and may include, but not be limited to, the participation of law enforcement, the prosecuting authority, and an Attorney General certified victim services agency.
Added by Laws 2015, c. 389, § 2, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-61. Domestic violence court program.

A. Subject to the availability of funds, any district or municipal court of record of this state may establish and maintain a domestic violence court program pursuant to the provisions of this section.
B. For purposes of this section, "domestic violence court" means a specialized judicial process for domestic matters both civil and criminal in nature that arise out of the same family or domestic circumstance.
C. The presiding judge of a district or municipal court of record may appoint an individual judge to preside over related criminal, family and matrimonial matters that arise in the context of domestic violence. Criminal domestic violence charges, protective orders and any actions for divorce, separate maintenance, guardianship, adoption or any other proceeding involving custody or visitation between the same parties may be presented to the domestic violence court.
D. The Administrative Office of the Courts may promulgate rules, procedures and forms necessary to implement a domestic violence court to ensure statewide uniformity.
Added by Laws 2017, c. 257, § 2, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-71. Legislative findings.

The Legislature finds that:
1. Violence and abuse are often higher during pregnancy than during any other time in a woman’s lifetime;
2. Women are more likely to suffer increased abuse as a result of unintended pregnancies;
3. Younger women are at a higher risk for pregnancy-associated homicide;
4. A pregnant or recently pregnant woman is more likely to be a victim of homicide than to die of any other cause;
5. Homicide and other violent crimes are the leading causes of death for women of reproductive age;
6. Husbands, ex-husbands or boyfriends are often the perpetrators of pregnancy-associated homicide or violence;
7. Moreover, when husbands, ex-husbands or boyfriends are involved, the violence is often directed at the unborn child and/or intended to end or jeopardize the pregnancy; and
8. Violence against a pregnant woman puts the life and bodily integrity of both the pregnant woman and the unborn child at risk.
Added by Laws 2009, c. 61, § 2, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-72. Definitions.

As used in this section:
1. "Another" means a person other than the pregnant woman;
2. "Deadly force" means force which, under the circumstances in which it is used, is readily capable of causing death or serious physical harm;
3. "Force" means violence, compulsion, or constraint exerted upon or against another;
4. "Embryo" means a human embryo as defined in Section 1-728.1 of Title 63 of the Oklahoma Statutes;
5. "Pregnant" means the female reproductive condition of having an unborn child in the woman’s body;
6. "Unborn child" means the offspring of human beings from conception until birth; and
7. "Unlawful force" means force which is employed without the consent of the pregnant woman and which constitutes an offense under the criminal laws of this state or an actionable tort.
Added by Laws 2009, c. 61, § 3, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-73. Deadly force to protect unborn justified - Circumstances.

A. A pregnant woman is justified in using force or deadly force against another to protect her unborn child if:
1. Under the circumstances as the pregnant woman reasonably believes them to be, she would be justified in using force or deadly force to protect herself against the unlawful force or unlawful deadly force she reasonably believes to be threatening her unborn child; and
2. She reasonably believes that her intervention and use of force or deadly force are immediately necessary to protect her unborn child.
B. This affirmative defense to criminal liability does not apply to:
1. Acts committed by anyone other than the pregnant woman;
2. Acts where the pregnant woman would be obligated to retreat, to surrender the possession of a thing, or to comply with a demand before using force in self-defense. However, the pregnant woman is not obligated to retreat before using force or deadly force to protect her unborn child, unless she knows that she can thereby secure the complete safety of her unborn child; or
3. The defense of human embryos existing outside of a woman’s body.
Added by Laws 2009, c. 61, § 4, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-91. Officer may command assistance.

When a sheriff or other public officer authorized to execute process, finds, or has reason to apprehend that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may think proper, and may in manner and form as provided by law, and not otherwise, call any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance, and if necessary, in seizing, arresting and confining the resisters and their aiders and abettors, to be punished according to law.
R.L.1910, § 5580.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-94. Assistance from other counties.

If it appears to the Governor that the power of the county is not sufficient to enable the sheriff to execute process delivered to him, or to suppress riots and to preserve the peace, he must, on the application of the sheriff, or the judge, of any court of record of such county, order such a force from any other county or counties as is necessary, and all persons so ordered or summoned by the Governor or acting Governor, are required to attend and act; and any such persons who, without lawful cause, refuse or neglect to obey the command, are guilty of a misdemeanor.
R.L.1910, § 5583.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-95. Governor to furnish military force, when.

Under the facts and circumstances mentioned in the last section, and when the civil power of the county is not deemed sufficient, it shall be the duty of the Governor to furnish a military force sufficient to execute the laws and to prevent resistance thereto, to suppress riots, execute process and preserve the peace.
R.L.1910, § 5584.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-101. Unlawful assemblage.

Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff and his deputies, the officials governing the city or town, or the justices of the peace and marshals and constables and police thereof, or any of them, must go among the persons assembled, or as near to them as possible, and command them in the name of the state, immediately to disperse.
R.L.1910, § 5585.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-102. Proceedings if assembly does not disperse - Commanding aid of others.

If the persons assembled do not immediately disperse, the magistrates and officers must arrest them or cause them to be arrested, that they may be punished according to law, and for that purpose may command the aid of all persons present or within the county.
R.L.1910, § 5586.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-104. Neglect of officer respecting unlawful assembly a misdemeanor.

If a magistrate or officer having notice of an unlawful or riotous assembly mentioned in Section 5585 neglect to proceed to the place of the assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. R.L.1910, § 5588.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-105. Officers may disperse assembly and arrest offenders - Commanding aid.

If the persons assembled and commanded to disperse do not immediately disperse, any two of the magistrates or officers mentioned in Section 5585, may command the aid of a sufficient number of persons, and may proceed in such manner as in their judgment is necessary, to disperse the assembly and arrest the offenders.
R.L.1910, § 5589.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-106. Precautions before endangering life.

Every endeavor must be used, both by the magistrate and civil officers, and by the officer commanding the troops, which can be made consistently with the preservation of life, to induce or force the rioters to disperse before an attack is made upon them by which their lives may be endangered.
R.L.1910, § 5590.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-107. Offenses during riot or insurrection.

A person who, after the publication of a proclamation by the Governor or acting Governor, or who, after lawful notice as aforesaid to disperse and retire, resists or aids in resisting the execution of process in a county declared to be in a state of riot or insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting a force ordered out by the Governor or any civil officer as aforesaid, to quell or suppress an insurrection or riot, is guilty of a felony, and is punishable by imprisonment in the state prison for not less than two (2) years.
R.L. 1910, § 5591. Amended by Laws 1997, c. 133, § 436, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 320, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 436 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-112. Referral of complaints - Guidelines.

A. Referral of a bogus check complaint to the Bogus Check Restitution Program shall be at the discretion of the district attorney. This act shall not limit the power of the district attorney to prosecute bogus check complaints.
B. Upon receipt of a bogus check complaint, the district attorney shall determine if the complaint is one which is appropriate to be referred to the Bogus Check Restitution Program.
C. In determining whether to refer a case to the Bogus Check Restitution Program, the district attorney shall consider the following guidelines:
1. The amount of the bogus check;
2. If there is a prior criminal record of the defendant;
3. The number of bogus check complaints against the defendant previously received by the district attorney;
4. Whether or not there are other bogus check complaints currently pending against the defendant; and
5. The strength of the evidence of intent to defraud the victim.
Added by Laws 1982, c. 93, § 2, operative Oct. 1, 1982.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-113. Notice of complaint.

A. Upon referral of a complaint to the Bogus Check Restitution Program, a notice of the complaint shall be forwarded by mail to the defendant.
B. The notice shall contain:
1. The date and amount of the check;
2. The name of the payee;
3. The date before which the defendant must contact the office of the district attorney concerning the complaint; and
4. A statement of the penalty for obtaining money, merchandise or services by means of a false and bogus check.
Added by Laws 1982, c. 93, § 3, operative Oct. 1, 1982.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-116. Annual reports.

A. District attorneys shall prepare and submit an annual report to the District Attorneys Council showing total deposits and total expenditures in the Bogus Check Restitution Program.
B. By September 15 of each year, the District Attorneys Council shall publish an annual report for the previous fiscal year of the Bogus Check Restitution Program. A copy of the report shall be distributed to the President Pro Tempore of the Senate and the Speaker of the Oklahoma House of Representatives and the chairmen of the House and Senate Appropriations Committees. Each district attorney shall submit information requested by the District Attorneys Council regarding the Bogus Check Restitution Program. This report shall include the number of checks processed and the total dollar amount of such checks, the number of checks for which some restitution was made and the total amount of the restitution, the total amount of fees collected, the total cost of the program, and such other information as required by the District Attorneys Council. The report shall provide totals by county and district.
Added by Laws 1988, c. 254, § 11, operative July 1, 1988. Amended by Laws 1994, c. 295, § 4, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-121. Offenses commenced outside and consummated within the state.

When the commission of a public offense, commenced without this state, is consummated within its boundaries, the defendant is liable to punishment therefor in this state, though the defendant were out of this state at the time of the commission of the offense charged if the defendant consummated it in this state through the intervention of an innocent or guilty agent, or by any other means proceeding directly from the defendant, including the use of any technology, telephone, computer, or cyberspace device or application; and in such case, the jurisdiction is in the county in which the offense is consummated.
R.L.1910, § 5609. Amended by Laws 2002, c. 97, § 1, emerg. eff. April 17, 2002.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-122. Jurisdiction in case of death from duel outside state.

When an inhabitant or resident of this state, by previous appointment or engagement, fights a duel, or is concerned as second therein, out of the jurisdiction of this state, and in the duel a wound is inflicted upon a person, whereof he dies in this state, the jurisdiction of the offense is in the county where the death happened.
R.L.1910, § 5610.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-123. Evasion of statutes relative to dueling and challenges, jurisdiction.

When an inhabitant of this state shall have left the same for the purpose of evading the operation of the provisions of the statutes relating to dueling and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the county of which the offender was an inhabitant when the offense was committed, or in any county in which, in the opinion of the Governor, the evidence can be most conveniently obtained and produced, to be designated by him by written appointment, filed in the office of the clerk of the court of that county.
R.L.1910, § 5611.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-125.1. Venue for enforcement of Section 425 of Title 21.

Venue for criminal actions to enforce the provisions of Section 2 of this act, including criminal actions with respect to each of the alleged offenses included within a pattern of criminal offenses, as defined in Section 2 of this act, that have allegedly been committed, attempted or conspired to be committed by a person or persons, shall be in any county in which at least one alleged criminal offense has occurred that constitutes part of the alleged pattern of criminal offenses, it being the intent of this section that one district court may have jurisdiction over all the conduct, persons and property which are part of, or are directly related to, each and all of the alleged criminal offenses forming part of the alleged pattern of criminal offenses. It is discretionary, not mandatory, to bring all criminal actions in one county when an alleged pattern of criminal offenses involves two or more counties.
Added by Laws 2004, c. 292, § 1, emerg. eff. May 11, 2004.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-126. Kidnapping, enticing away children and similar offenses, jurisdiction.

The jurisdiction of an indictment or information:
1. For forcibly and without lawful authority seizing and confining another, or inveigling or kidnapping him, with intent, against his will, to cause him to be secretly confined or imprisoned in this state, or to be sent out of the state, or from one county to another; or,
2. For decoying or taking or enticing away a child under the age of twelve (12) years, with intent to detain and conceal it from its parents, guardian, or other person having lawful charge of the child; or,
3. For the inveigling, enticing, or taking away an unmarried female of previous chaste character, under the age of twenty-one (21) years for the purpose of prostitution; or,
4. For taking away any female under the age of sixteen (16) years from her father, mother, guardian or other person having the legal charge of her person without their consent either for the purpose of concubinage or prostitution,
Is in any county in which the offense is committed or into or out of which the person upon whom the offense was committed, may, in the commission of the offense, have been brought or in which an act was done by the defendant in instigating, procuring, promoting, aiding or in being an accessory to the commission of the offense, or in abetting the parties concerned therein.
R.L.1910, § 5614.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-128. Stolen property moved, jurisdiction.

When property taken in one county, by burglary, robbery, larceny, or embezzlement, has been brought into another, the jurisdiction of the offense is in either county. But if, before the beginning of the trial of the defendant in the latter, he be indicted or information be filed against him in the former county, the sheriff of the latter must, upon demand, deliver him to the sheriff of the former county, upon being served with a certified copy of the indictment or information, and upon a receipt indorsed thereon by the sheriff of the former county, of the delivery of the body of the defendant, and is, on filing the copy of the indictment and the receipt, exonerated from all liability in respect to the custody of the defendant.
R.L.1910, § 5616.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-133. Stealing property in another state - Receiving such stolen property.

The jurisdiction of a prosecution for stealing in any state or county, or other territory, the property of another, or receiving it, knowing it to have been stolen, and bringing the same into this state, is in any county into or through which such stolen property has been brought.
R.L.1910, § 6136.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-136. Acceptance of plea of guilty or nolo contendere upon waiver of venue and consent thereto - Judgments.

If, in any criminal proceeding, the accused enters a plea of guilty or nolo contendere and waives his venue rights by express written waiver, and upon consent of the prosecuting attorneys of both the disposition county and the originating venue county, any judge in any district court is authorized to accept such plea for an offense committed in any county charged by complaint, indictment, information or other equivalent pleading, and may dispose of the offense or offenses set out in such pleadings. An exemplified copy of the judgment shall constitute a judgment on the merits in the case in the court or courts of the originating venue county or counties.
Added by Laws 1985, c. 20, § 1, eff. Nov. 1, 1985.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-151. Limitations – Murder, first and second degree manslaughter.

A. There is no limitation of the time within which a prosecution for murder must be commenced. Such prosecution may be commenced at any time after the death of the person killed.
B. Prosecutions for the crimes of first degree manslaughter and second degree manslaughter shall be commenced within ten (10) years after the discovery of the crime. For purposes of this subsection, “discovery” means the date the crime is reported to a law enforcement agency.
R.L.1910, § 5624. Amended by Laws 1935, p. 20, § 1; Laws 1943, p. 84, § 1; Laws 2021, c. 354, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-153. Absence from state, limitation does not run.

If when the offense is committed the defendant be out of the state, the prosecution may be commenced within the term herein limited after his coming within the state, and no time during which the defendant is not an inhabitant of or usually resident within the state, is part of the limitation.
R.L.1910, § 5626.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-162. Who are magistrates.

The following persons are magistrates:
First. Justices of the Supreme Court.
Second. Judges of the Court of Criminal Appeals.
Third. Judges of the Court of Appeals.
Fourth. Judges of the district court, including associate district judges and special judges.
R.L.1910, § 5628; Laws 1968, c. 162, § 7; Laws 1970, c. 247, § 16, emerg. eff. April 15, 1970.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-171. Complaint - Issuance of warrant of arrest.

When a complaint, verified by oath or affirmation, is laid before a magistrate, of the commission of a public offense, he must, if satisfied therefrom that the offense complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, issue a warrant of arrest.
R.L.1910, § 5629. R.L.1910, § 5629.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-171.1. Arrest warrant for escaped prisoner.

A. Any warden, superintendent or district supervisor within the Department of Corrections may make application to a judge for an arrest warrant upon any prisoner escaping from custody or confinement in an institution or facility of the Department of Corrections or from house arrest or the Preparole Conditional Supervision Program. Said application shall be a statement verified by oath or affirmation alleging the occurrence of an escape.
B. If the judge is satisfied that an escape has occurred, the judge shall affix his signature to a warrant of arrest of the prisoner.
C. The person making application for the arrest warrant shall cause to be delivered as soon as possible, a copy of the issued warrant of arrest of the prisoner to the court clerk, the district attorney and the sheriff's office within the geographical area where the escape occurred.
D. Nothing in this section shall prohibit the filing of any criminal charges by the district attorney against the prisoner charged with escape.
Added by Laws 1992, c. 166, § 1, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-171.2. Determination of citizenship status of persons confined in jail - Verification of status - Presumption of flight risk.

A. When a person charged with a felony or with driving under the influence pursuant to Section 11-902 of Title 47 of the Oklahoma Statutes is confined, for any period, in the jail of the county, any municipality or a jail operated by a regional jail authority, a reasonable effort shall be made to determine the citizenship status of the person so confined.
B. If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and, if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification shall be made within forty-eight (48) hours through a query to the Law Enforcement Support Center of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the lawful immigration status of the prisoner cannot be verified, the keeper of the jail or other officer shall notify the United States Department of Homeland Security.
C. For the purpose of determining the grant of or issuance of bond, it shall be a rebuttable presumption that a person whose citizenship status has been verified pursuant to subsection B of this section to be a foreign national who has not been lawfully admitted to the United States is at risk of flight.
Added by Laws 2007, c. 112, § 5, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-171.3. Custody of persons subject to immigration detainer request.

A. A law enforcement agency that has custody of a person who is subject to an immigration detainer request issued by the United States Immigration and Customs Enforcement shall:
1. Comply with, honor and fulfill any request made in the immigration detainer request provided by the United States Immigration and Customs Enforcement; and
2. Inform the person identified in the immigration detainer request that he or she is being held pursuant to an immigration detainer request issued by the United States Immigration and Customs Enforcement.
B. A law enforcement agency shall not be required to perform a duty imposed by subsection A of this section with respect to a person who has provided proof that the person is a citizen of the United States. Such proof may include:
1. An Oklahoma driver license or identification card issued by Service Oklahoma on or after November 1, 2007; or
2. State- or federal government-issued identification.
C. As used in this section:
1. “Immigration detainer request” means a federal government request to a local entity to maintain temporary custody of an alien, including a United States Department of Homeland Security Form I-247 document or a similar successor form; and
2. “Law enforcement agency” means any state, county or municipal agency or department which maintains custody of persons accused of, charged with or convicted of any criminal offense. This term includes, but shall not be limited to, peace officers, sheriffs, deputy sheriffs, jailers, correctional officers, agents, employees or contractors of a law enforcement agency.
Added by Laws 2021, c. 255, § 2, eff. Nov. 1, 2021. Amended by Laws 2023, c. 310, § 1, eff. July 1, 2023.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-172. Form of warrant.

A warrant of arrest is an order in writing, in the name of the state, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form:
County of ______________
The State of Oklahoma
To any sheriff, constable, marshal or policeman in this state (or in the county of ______________ as the case may be):
Complaint upon oath having been this day made before me that the crime of (designating it) has been committed, and accusing C. D. thereof, you are therefore commanded forthwith to arrest the above named C. D. and bring him before me at (naming the place), or, in case of my absence or inability to act, before the nearest or most accessible magistrate in this county.
Dated at ________________ this ______ day of _________ 191__.
E. F., Justice of the Peace (or as the case may be).
R.L.1910, § 5629. R.L.1910, § 5629.