reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-173. Requisites of warrant.

The warrant must specify the name of the defendant, or, if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state an offense in respect to which the magistrate has authority to issue the warrant, and the time of issuing it, and the county, city, or town where it is issued, and if the offense charged is bailable, shall fix the amount of bail and an endorsement shall be made on the warrant, to the following effect: "The defendant is to be admitted to bail in the sum of $_______." and be signed by the magistrate with his name of office.
Amended by Laws 1982, c. 149, § 1, operative Oct. 1, 1982.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-176. Taking defendant before magistrate in felony cases - Use of closed circuit television.

If the offense charged in the warrant be a felony, the officer making the arrest must take the defendant before the magistrate who issued the warrants or some other magistrate in the county or the image of the defendant may be broadcast by closed circuit television to the magistrate. A closed circuit television system may not be used under this section and Section 177 of this title unless the system provides for a two-way communication of image and sound between the arrested person and the magistrate.
R.L.1910, § 5634; Amended by Laws 1991, c. 178, § 1, eff. Sept. 1, 1991.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-177. Verbal warning or arrest for misdemeanor charges in another county.

If the offense charged in the warrant be a misdemeanor and the defendant comes in contact with a law enforcement officer in another county, the law enforcement officer may:
1. Issue a verbal warning about the existence of the warrant and further advise the defendant to contact the clerk of the court for the purpose of resolving the outstanding warrant. All verbal warnings shall be documented by the law enforcement officer on a department-issued warning ticket; or
2. Arrest the defendant and take the defendant before a magistrate in that county, or the image of the defendant may be broadcast by closed circuit television to the magistrate, as provided in Section 176 of this title, who must admit the defendant to bail and take bail accordingly.
R.L.1910, § 5635. Amended by Laws 1991, c. 178, § 2, eff. Sept. 1, 1991; Laws 2023, c. 204, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-178. Proceedings when bail is taken.

On taking bail, the magistrate must certify that fact on the warrant, and deliver the warrant and undertaking of bail to the officer having charge of the defendant. The officer must then discharge the defendant from arrest, and must, without delay, deliver the warrant and undertaking to the clerk of the court at which the defendant is required to appear.
R.L.1910, § 5636.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-180. Magistrate absent - Taking defendant before another.

When, by the preceding sections of this chapter, the defendant is required to be taken before the magistrate who issued the warrant, he may, if the magistrate be absent or unable to act, be taken before the nearest or most accessible magistrate in the same county. The officer must, at the same time, deliver to the magistrate the warrant, with the return endorsed and subscribed by him.
R.L.1910, § 5638.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-182. Complaint when defendant taken before magistrate other than one issuing warrant.

If the defendant be taken before a magistrate other than the one who issued the warrant, the complaint on which the warrant was granted must be sent to that magistrate, or if it cannot be procured, a new complaint must be filed.
R.L.1910, § 5640. R.L.1910, § 5640.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-183. Offense triable in another county - Proceedings for arrest.

When a complaint is laid before a magistrate of the commission of a public offense triable in another county of the state, but showing that the defendant is in the county where the complaint is made, the same proceedings must be had as prescribed in this chapter, except that the warrant must require the defendant to be taken before the nearest and most accessible magistrate of the county in which the offense is triable, and the complaint of the informant, with the depositions, if any, of the witnesses who may have been produced, must be delivered by the magistrate to the officer to whom the warrant is delivered.
R.L.1910, § 5641.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-184. Offense triable in another county - Taking defendant before magistrate.

The officer who executes the warrant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable with his return endorsed thereon, and the magistrate must then proceed in the same manner as upon a warrant issued by himself.
R.L.1910, § 5642.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-185. Verbal warning or taking before magistrate for misdemeanor charges.

If the offense charged in the warrant issued is a misdemeanor, the law enforcement officer may:
1. Issue a verbal warning about the existence of the warrant and further advise the defendant to contact the clerk of the court for the purpose of resolving the outstanding warrant. All verbal warnings shall be documented by the law enforcement officer on a department-issued warning ticket; or
2. Take the defendant before a magistrate of the county in which the warrant was issued, who must admit the defendant to bail, and immediately transmit the warrant, complaint, depositions, if any, and undertaking, to the clerk of the court in which the defendant is required to appear.
R.L. 1910, § 5643. Amended by Laws 2023, c. 204, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-189. Arrest, when made.

If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If it is a misdemeanor, the arrest may be made only during the hours of six o'clock a.m. to ten o'clock p.m., inclusive, except as otherwise may be directed by the magistrate endorsed upon the warrant. Provided, an arrest on a warrant which charges a misdemeanor offense may be made at any time of the day or night if the defendant is in a public place or on a public roadway.
R.L. 1910, § 5647. R.L. 1910, § 5647. Amended by Laws 1990, c. 148, § 1, emerg. eff. May 1, 1990.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-190.1. Custody of person arrested without warrant for nonbailable offense.

The person, when arrested without warrant for an offense not bailable, shall be held in custody by the sheriff of the county in which the arrest was made. If the sheriff has contracted for the custody of prisoners in the county, the contractor shall be required to hold in custody any prisoner delivered to the contractor pursuant to this section.
Added by Laws 2003, c. 199, § 3, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-195. Officer's breaking door or window to liberate himself or another arrester.

An officer may break open an outer or inner door or window of a dwelling house for the purposes of liberating a person who, having entered for the purpose of making an arrest, is detained therein, or when necessary for his own liberation.
R.L.1910, § 5653. R.L.1910, § 5653.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-196. Arrest without warrant by officer.

A peace officer may, without a warrant, arrest a person:
1. For a public offense, committed or attempted in the officer's presence;
2. When the person arrested has committed a felony, although not in the officer's presence;
3. When a felony has in fact been committed, and the officer has reasonable cause to believe the person arrested to have committed it;
4. On a charge, made upon reasonable cause, of the commission of a felony by the party arrested;
5. When the officer has probable cause to believe that the party was driving or in actual physical control of a motor vehicle involved in an accident within this state, whether upon public roads, highways, streets, turnpikes, other public places, or upon any private road, street, alley or lane which provides access to one or more single- or multi-family dwellings and was under the influence of alcohol or intoxicating liquor or who was under the influence of any substance included in the Uniform Controlled Dangerous Substances Act;
6. Anywhere, including a place of residence of the person, if the peace officer has probable cause to believe the person within the preceding seventy-two (72) hours has committed an act of domestic abuse as defined by Section 60.1 of this title, although the assault did not take place in the presence of the peace officer. A peace officer may not arrest a person pursuant to this section without first observing a recent physical injury to, or an impairment of the physical condition of, the alleged victim;
7. When a peace officer, in accordance with the provisions of Section 60.9 of this title, is acting on a violation of a protective order offense; or
8. When the officer has probable cause to believe that the person has threatened another person as defined in subsection B of Section 1378 of Title 21 of the Oklahoma Statutes.
R.L.1910, § 5654. Amended by Laws 1975, c. 228, § 1, eff. Oct. 1, 1975; Laws 1977, c. 27, § 1, eff. Oct. 1, 1977; Laws 1982, c. 269, § 1, eff. Oct. 1, 1982; Laws 1987, c. 174, § 2, operative July 1, 1987; Laws 1994, c. 316, § 2, emerg. eff. June 8, 1994; Laws 2000, c. 370, § 12, eff. July 1, 2000; Laws 2001, c. 437, § 16, eff. July 1, 2001; Laws 2014, c. 200, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-201. Offense committed in presence of magistrate.

When a public offense is committed in the presence of a magistrate, he may, by a verbal or written order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest.
R.L. 1910, Sec. 5659.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-202. Arrest by private person.

A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
R.L.1910, § 5659.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-204. Private person may break door or window.

If the person to be arrested has committed a felony, and a private person, after notice of the intention to make the arrest, be refused admittance, the private person may break open an outer or inner door or window of the dwelling house of the person to be arrested, for the purpose of making the arrest.
R.L.1910, § 5662. Amended by Laws 2002, c. 460, § 15, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-208. Breaking door or window to arrest person escaping.

To take the person escaping or rescued, the person pursuing may, after notice of his intention and refusal of admittance, break open an outer or inner door or window of a dwelling house.
R.L.1910, § 5666. R.L.1910, § 5666.
THIS SECTION MAY NOT REFLECT THE FINAL TEXT OF THE STATUTE BECAUSE OF QUESTIONS RELATED TO THE EFFECT OF ENROLLED SB 907 FROM THE 2023 REGULAR SESSION. IF THE TEXT OF THE SECTION DOES GET MODIFIED, THERE WILL BE AN ADVISORY TO BOTH SENATE AND HOUSE STAFF SO THAT IF A DIFFERENT VERSION OF THE STATUTE IS REQUIRED, IT WILL BECOME AVAILABLE IN THE DATABASE AT THAT TIME. WE EXPECT A RESOLUTION OF THIS ISSUE BEFORE THE BEGINNING OF THE 2024 REGULAR SESSION. AS OF THIS TIME, THERE IS NOT A VERSION OF THIS SECTION IN THE STATUTORY DATABASE WHICH REFLECTS THE PROVISIONS OF THE REPEALER SECTION FROM ENROLLED SENATE BILL N0. 907 OF THE 2023 REGULAR SESSION.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-209. Citation to appear - Issuance - Summons - Failure to appear.

A. A law enforcement officer who has arrested a person on a misdemeanor charge or violation of an ordinance, without a warrant, or who has found a person to have an outstanding warrant for failure to appear for a cost hearing as provided in subsection G of Section 983 of this title, may issue a citation to such person to appear in court.
B. In issuing a citation hereunder the officer shall proceed as follows:
1. The officer shall prepare a written citation to appear in court, containing the name and address of the cited person and the offense charged, and stating when the person shall appear in court. The time specified in the citation to appear shall be at least five (5) days after the issuance of the citation;
2. One copy of the citation to appear shall be delivered to the person cited, and such person shall sign a duplicate written citation which shall be retained by the officer;
3. The officer shall thereupon release the cited person from any custody; and
4. As soon as practicable, the officer shall file one copy of the citation with the court specified therein and shall deliver one copy to the prosecuting attorney.
C. In any case in which the judicial officer finds sufficient grounds for issuing a warrant, the judicial officer may issue a summons commanding the defendant to appear in lieu of a warrant.
D. If a person summoned fails to appear in response to the summons, a warrant for his or her arrest shall issue, and any person who willfully fails to appear in response to a summons is guilty of a misdemeanor; provided, however, any charges or warrant for failure to appear shall be dismissed if the person can show the court that the person was incarcerated or otherwise detained by law enforcement at the time of the failure to appear.
Added by Laws 1967, c. 250, § 1, emerg. eff. May 8, 1967. Amended by Laws 2021, c. 42, § 1, eff. Nov. 1, 2021; Laws 2022, c. 350, § 4, eff. July 1, 2023.
NOTE: Laws 2022, c. 350, § 4 , amending this section, was repealed by Laws 2023, c. 247, § 5 and Laws 2023, c. 369, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-211.1. DNA information inadmissible post-expungement date.

All deoxyribonucleic acid (DNA) samples, records and identifiable information generated pursuant to the provisions of Section 1 of Enrolled House Bill No. 2275 of the 2nd Session of the 55th Oklahoma Legislature that are required to be automatically expunged under the provisions of that section shall be inadmissible in any prosecution of that person for a crime committed after the date the DNA samples, records and identifiable information should have been automatically expunged.
Added by Laws 2016, c. 348, § 3, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-221. Authority of officers of another state.

Any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.
Laws 1949, p. 212, § 1.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-222. Taking prisoner before magistrate.

If an arrest is made in this state by an officer of another state in accordance with the provisions of Section 1 of this act he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state or admit him to bail for such purpose. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.
Added by Laws 1949, p. 212, § 1, emerg. eff. May 31, 1949.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-225. Fresh pursuit defined.

The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is a reasonable ground for believing that felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
Laws 1949, p. 212, § 5.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-231. Misdemeanors - Warrant for arrest - Complaint submitted to district attorney - Cost bond.

In all misdemeanor cases, before a warrant shall issue for the arrest of the defendant the complaint must be submitted to the district attorney, or drawn by him and indorsed as follows: "I have examined the facts in this case and recommend that a warrant do issue", and then filed with the court. If the action be brought without such endorsement the complaining witness must file with the court a bond to be approved by the court in a sum not less than Fifty Dollars ($50.00), conditioned to pay all costs, and the county shall in no event be liable for any costs incurred in that action, unless the complaint be first so endorsed by the district attorney.
R.L.1910, § 6176.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-232. Form of cost bond.

The bond may be substantially in the following form:
State of Oklahoma, against (naming the defendant). I, (naming the principal) as principal and ......... as surety bind ourselves to pay all costs in this cause if the defendant is acquitted. Signed this ......... day of .......... , 19....
The surety must qualify before the bond is approved.
R.L.1910, § 6177.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-233. Judgment on bond.

In all cases where bonds have been given under the provisions of this chapter, and the maker thereof shall be liable thereon, by the conviction or acquittal of the defendant, the court shall, at the time of rendering judgment for or against the defendant, render such judgment as may be proper on the bond, and issue execution thereon, as in cases of a civil judgment.
R.L.1910, § 6178.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-234. Discretion to charge as misdemeanor.

When determining the appropriate charge for a person accused of committing a criminal offense, the district attorney shall have the discretion to file the charge as a misdemeanor offense rather than a felony offense after considering the following factors:
1. The criminal offense for which the person has been arrested is not listed as a criminal offense in Section 13.1 or subsection G of Section 1040.13b of Title 21 of the Oklahoma Statutes;
2. The nature of the criminal offense;
3. The age, background and criminal history of the person who committed the criminal offense;
4. The character and rehabilitation needs of the person who committed the criminal offense; and
5. Whether it is in the best interests of justice to file the charge as a misdemeanor offense rather than a felony offense.
Added by Laws 2016, c. 219, § 1, eff. Nov. 1, 2016. Amended by Laws 2020, c. 35, § 2, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-251. Magistrate must inform defendant of charge and rights.

When the defendant is brought before a magistrate upon an arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings, and also of his right to waive an examination before any further proceedings are had.
R.L.1910, § 5667.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-252. Defendant allowed counsel - Messages to counsel - Change of venue.

He must also allow to the defendant a reasonable time to send for counsel, and adjourn the examination for that purpose; and must, upon the request of the defendant, require a peace officer to take a message to such counsel in the county or city as the defendant may name. The officer must, without delay, perform that duty, and shall receive fees therefor as upon a service of a subpoena: Provided, However, that at any time before the examination is begun, a change of venue may be had, for the same causes and in the same manner, and be transmitted to another justice, as in cases finally triable before a justice of the peace.
R.L.1910, § 5668.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-255. Disposition of defendant on adjournment.

If an adjournment be had for any cause, the magistrate must commit the defendant for examination, or discharge him from custody upon a sufficient bail, or upon the deposit of money as provided in this code, as security for his appearance at the time to which the examination is adjourned.
R.L.1910, § 5671.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-256. Commitment for examination.

The commitment for examination is by an indorsement signed by the magistrate, on the warrant of arrest, to the following effect:
The within named A B, having been brought before me under this warrant, and having failed to give bail for his appearance, is committed to the sheriff of the county of ....... (or to the marshal of the city of ........ , as the case may be), to await examination on the ..... day of ...... , 1 ....... , at ....... o'clock, at which time you will have his body before me at my office.
R.L.1910, § 5672.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-257. Duty of magistrate on examination - Subpoenas for witnesses.

At the examination the magistrate must, in the first place, read to the defendant the complaint on file before him. He must, also, after the commencement of the prosecution, issue subpoenas for any witnesses required by the prosecutor or the defendant.
R.L.1910, § 5673.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-259. Order of witnesses.

When the examination of the witnesses on the part of the state is closed, any witnesses the defendant may produce may be sworn and examined upon proper offer of proof made by defendant and if such offer of proof shows that additional testimony is relevant to the issues of a preliminary examination.
R.L. 1910, § 5675. Amended by Laws 1994, c. 292, § 4, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-260. Magistrate to keep depositions - Inspection.

The magistrate or his clerk must keep the depositions taken on the examination, if any have been taken, and the statement of the defendant, if any, until they are returned to the proper court, and must not permit them to be inspected by any person except a judge of a court having jurisdiction of the offense, the district attorney, and the defendant and his counsel.
R.L.1910, § 5676.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-262. Discharge of defendant, when.

After hearing the proofs and the statement of the defendant, if he have one, or his testimony if he testifies if it appear either that a public offense has not been committed, or that a public offense has been committed, but there is not sufficient cause to believe the defendant guilty thereof, the magistrate must order the defendant to be discharged, by an endorsement on the complaint over his signature to the following effect:
There being no sufficient cause to believe the within named A. B. guilty of the offense within mentioned, I order him to be discharged.
R.L.1910, § 5678.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-263. Costs taxed against complainant, when.

If the defendant on a preliminary examination for a public offense be discharged as provided in the last section and if the magistrate find that the prosecution was malicious and without probable cause, he shall enter such judgment on his docket and tax the costs against the complaining witness which shall be enforced as judgments for costs in criminal cases, and execution may issue therefor.
R.L.1910, § 5679.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-264. Defendant held to answer.

If, however, it appear from the examination that any public offense has been committed, and that there is sufficient cause to believe the defendant guilty thereof, the magistrate must in like manner endorse on the complaint an order signed by him to the following effect:
It appearing to me that the offense named in the within complaint mentioned (or any other offense, according to the fact, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe the within named A. B. guilty thereof, I order that he be held to answer the same.
R.L.1910, § 5680.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-265. Commitment when offense is not bailable.

If the offense be not bailable, the following words or words to the same effect, must be added to the endorsement:
And that he is hereby committed to the sheriff of ....... (or to the marshal of the city of ........ , or as the case may be.)
R.L.1910, § 5681.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-266. When offense is bailable.

If the offense is bailable, and bail is taken by the magistrate, the following words, or words to the same effect, must be added to the endorsement mentioned in the second preceding section:
And I have admitted him to bail, to answer, by the undertaking hereto annexed.
R.L.1910, § 5682.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-267. If bail is not taken.

If the offense is bailable, and the defendant is admitted to bail, but the bail have not been taken, the following words, or words to the same effect, must be added to such endorsement:
And that he is admitted to bail in the sum of ........ Dollars, and be committed to the sheriff of the county of ........ (or marshal of the city of ........ , or as the case may be), until said bail be given.
R.L.1910, § 5683. R.L.1910, § 5683.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-268. Commitment.

If the magistrate order the defendant to be committed as provided in the three preceding sections, he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer, to whom he is committed, or if that officer be not present, to a peace officer, who must immediately deliver the defendant into the proper custody, together with the commitment.
R.L.1910, § 5684.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-269. Form of commitment.

The commitment must be to the following effect:
County of .........
The State of Oklahoma.
To the sheriff of the county of ......... , (or the marshal of the city of ......... , as the case may be):
An order having been this day made by me, that A B be held to answer upon a charge of (stating briefly the nature of the offense, with time and place as near as may be), you are commanded to receive him into your custody, and detain him until he is legally discharged.
Dated at ....... , this ....... day of ..... , 191....
C............. ,D...................
Justice of the Peace (or as the case may be).
R.L.1910, § 5685.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-270. Witnesses to give undertaking.

On holding the defendant to answer the magistrate may take from each of the material witnesses examined before him on the part of the state, a written undertaking, without surety, to the effect that he will appear and testify at the court to which the complaint and deposition, if any are to be sent or that he will forfeit such sum as the magistrate may fix and determine.
R.L.1910, § 5686.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-271. Sureties may be required for witness.

When the magistrate is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify, unless security be required, he may order the witness to enter into a written undertaking, with such sureties and in such sum as he may deem proper, for his appearance, as specified in the last section.
R.L.1910, § 5687.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-274. Subsequent security may be demanded - Arrest of witness.

When, however, any material witness on the part of the people has been discharged on his undertaking, without surety, if afterwards, on the sworn application of the district attorney or other person on behalf of the state, made to the magistrate or to any judge, it satisfactorily appears that the presence of such witness or any other person on the part of the people is material or necessary on the trial in court, such magistrate or judge may compel such witness, or any other material witness on the part of the state, to give an undertaking with sureties, to appear on the said trial and give his testimony therein; and, for that purpose, the said magistrate or judge may issue a warrant against such person, under his hand, with or without seal, directed to a sheriff, marshal or other officer, to arrest such person and bring him before such magistrate or judge.
R.L.1910, § 5690.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-275. Arrested witness may be confined.

In case the person so arrested shall neglect or refuse to give said undertaking in the manner required by said magistrate or judge, he may issue a warrant of commitment against such person, which shall be delivered to said sheriff or other officer, whose duty it shall be to convey such person to the jail mentioned in said warrant, and the said person shall remain in confinement until he shall be removed to the grand jury and to the court, for the purpose of giving his testimony, or until he shall have given the undertaking required by said magistrate or judge.
R.L.1910, § 5691.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-276. Magistrate discharging or holding defendant must return papers and record to court.

When a magistrate has discharged a defendant, or has held him to answer, he must return immediately to the clerk of the district court of the county, the warrant, if any, the complaint, the depositions, if any have been taken, of all the witnesses examined before him, the statement of the defendant, if he have made one, and all undertakings of bail or for the appearance of witnesses, taken by him, together with a certified record of the proceedings as they appear on his docket.
R.L.1910, § 5692.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-301. Manner of prosecution of offenses.

Every felony must be prosecuted by indictment or information in the district or superior court. Misdemeanors must be prosecuted by information, except as otherwise provided by law: Provided, however, that the district court or the judge thereof, may, by order made, direct that any particular misdemeanor be presented to the grand jury, and when so ordered it may be prosecuted by indictment.
R.L.1910, § 5693.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-303. Subscription, endorsement and verification of information - Excusing endorsement.

A. The district attorney shall subscribe the district attorney’s name to informations filed in the district court and endorse thereon the names and last-known addresses of all the witnesses known to the district attorney at the time of filing the same, if intended to be called by the district attorney at a preliminary examination or at trial. Thereafter, the district attorney shall also endorse thereon the names and last-known addresses of such other witnesses as may afterwards become known to the district attorney, if they are intended to be called as witnesses at a preliminary examination or at trial, at such time as the court may by rule prescribe.
Upon filing of an application by the district attorney, notice to defense counsel, and hearing establishing need for witness protection or preservation of the integrity of evidence, the district court may excuse witness endorsement, or some part thereof. Such proceedings shall be conducted in camera, and the record shall be sealed and filed in the office of the district court clerk, and shall not be opened except by order of the district court.
B. Notwithstanding other provisions of law, when a law enforcement officer issues a citation or ticket as the basis for a complaint or information, for a violation of law declared to be a misdemeanor, the citation or ticket shall be properly verified if:
1. The issuing officer subscribes the officer's signature on the citation, ticket or complaint to the following statement:
"I, the undersigned issuing officer, hereby certify and swear that I have read the foregoing information and know the facts and contents thereof and that the facts supporting the criminal charge stated therein are true."
Such a subscription by an issuing officer, in all respects, shall constitute a sworn statement, as if sworn to upon an oath administered by an official authorized by law to administer oaths; and
2. The citation or ticket states the specific facts supporting the criminal charge and the ordinance or statute alleged to be violated; or
3. A complainant verifies by oath, subscribed on the citation, ticket or complaint, that the complainant has read the information, knows the facts and contents thereof and that the facts supporting the criminal charge stated therein are true. For purpose of such an oath and subscription, any law enforcement officer of the state or of a county or municipality of the state issuing the citation, ticket or complaint shall be authorized to administer the oath to the complainant.
C. As used in this section, the term “signature” shall include a digital or electronic signature, as defined in Section 15-102 of Title 12A of the Oklahoma Statutes.
R.L. 1910, § 5694. Amended by Laws 1980, c. 136, § 1, emerg. eff. April 15, 1980; Laws 1991, c. 35, § 1, eff. Sept. 1, 1991; Laws 1992, c. 68, § 1, eff. Sept. 1, 1992; Laws 2004, c. 275, § 9, eff. July 1, 2004; Laws 2008, c. 179, § 3, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-304. Information may be amended.

An information may be amended in matter of substance or form at any time before the defendant pleads, without leave, and may be amended after plea on order of the court where the same can be done without material prejudice to the right of the defendant; no amendment shall cause any delay of the trial, unless for good cause shown by affidavit.
R.L. 1910, § 5695.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-305.1. Deferred prosecution programs - Guidelines - Factors considered.

Before the filing of an information against a person accused of committing a crime, the State of Oklahoma, through its district attorney, may agree with an accused to defer the filing of a criminal information for a period not to exceed three (3) years.
The State of Oklahoma may include any person in a deferred prosecution program if it is in the best interests of the accused and not contrary to the public interest. Each district attorney shall adopt and promulgate guidelines which shall indicate what factors shall be considered in including an accused in the deferred prosecution program. The guidelines shall insure that the State of Oklahoma considers in each case at least the following factors:
1. Whether the State of Oklahoma has sufficient evidence to achieve conviction;
2. The nature of the offense with priority given to first offenders and nonviolent crimes;
3. Any special characteristics of the accused;
4. Whether the accused will cooperate and benefit from a deferred prosecution program;
5. Whether available programs are appropriate to the accused person's needs;
6. Whether the services for the accused are more readily available from the community or from the corrections system;
7. Whether the accused constitutes a substantial danger to others;
8. The impact of the deferred prosecution on the community;
9. The recommendations of the law enforcement agency involved in the case;
10. The opinions of the victim; and
11. Any mitigating or aggravating circumstances.
Laws 1979, c. 226, § 1, eff. Oct. 1, 1979; Laws 2007, c. 358, § 5, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-305.3. Termination of deferred prosecution agreement.

A. Both the State of Oklahoma and the accused may mutually terminate the deferred prosecution at any time, and the case shall proceed as if there had been no agreement. If the State of Oklahoma makes the termination decision unilaterally, it shall only do so in light of all the relevant circumstances of the case. Arrest of the accused for a subsequent offense shall not automatically terminate the agreement. If the State of Oklahoma should decide to terminate the agreement, it shall:
1. Send a written notice of termination to the accused and the attorney for the accused, if any, explaining the reasons for the termination;
2. Disclose to the accused or the attorney for the accused the evidence supporting the decision to terminate; and
3. Afford the accused the opportunity to be heard and present evidence, and cross-examine witnesses before a judge of the district court. The accused shall have ten (10) days from the date of mailing of the notice to file a written request with the court clerk for the county in which a charge is pending for the hearing, after which the right to a hearing shall be waived. The burden shall be upon the State of Oklahoma to prove that the accused did not fulfill the conditions of the agreement, and that an information should be filed.
B. On and after the effective date of this act, if an agreement is terminated by the State of Oklahoma for failure of the person to comply with the terms of the deferred prosecution agreement, the termination document and supporting documentation shall be open to the public.
C. If an agreement is terminated by the State of Oklahoma and the accused is subsequently tried before a jury, the court shall instruct the jury not to consider any delay in prosecution while the accused was participating in the deferred prosecution program.
Added by Laws 1979, c. 226, § 3, eff. Oct. 1, 1979. Amended by Laws 2000, c. 278, § 2, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-305.4. Completion of program - Records.

If the accused completes the program agreed upon, the State of Oklahoma shall not file the charges against the accused. The records of the accused shall be sealed and not be released or viewed except on a limited basis by law enforcement or prosecution personnel for the purposes of determining if the accused has been diverted. The district attorney shall take all necessary measures to ensure that all of the records of the person remain confidential.
Laws 1979, c. 226, § 4.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-305.5. Information - Release or disclosure - Confidentiality - Admissibility as evidence - Violations - Penalties.

A. Information received and collected by any service agency while the accused participates in a deferred prosecution program shall not be released to any agency or individual that will use the information for dissemination to the general public or be recorded in a computer system that has the potential for connection with national computer files, or be used by a law enforcement agency for the purposes of surveillance and investigation. The provisions of this subsection shall apply only with respect to information received and collected by any service agency pursuant to deferred prosecution agreements entered into by the parties relating to crimes committed prior to the effective date of this act, unless such information is otherwise deemed confidential by law.
B. Any information obtained in the course of investigating the suitability of the accused for inclusion in a deferred prosecution program shall remain confidential except for purposes of deferred prosecution programs and shall not be released by any individual or agency without permission from the accused, being advised by counsel. The provisions of this subsection shall apply only to agreements entered into by the parties relating to crimes committed prior to July 1, 2000, unless such information is otherwise deemed confidential by law.
C. If the deferred prosecution program is terminated before successful completion of the agreement, no information obtained as a result of the participation of the accused in the deferred prosecution program shall be admissible in any subsequent proceeding to the disadvantage of the accused, except if the information could have been routinely gathered in the police investigation of the crime of the accused.
D. 1. On and after the effective date of this act, any person releasing any information required by this section to be kept confidential shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned for not more than six (6) months, or both.
2. Prior to the effective date of this act, any person releasing any information required by this section to be kept confidential shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned for not more than six (6) months, or both.
E. The provisions of this subsection apply only to records within the care and custody of the district attorney.
Added by Laws 1979, c. 226, § 5, eff. Oct. 1, 1979. Amended by Laws 2000, c. 278, § 3, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-305.6. District Attorneys Council - Duties.

The District Attorneys Council shall assist each district attorney in the development of the deferred prosecution program in their jurisdictions, and shall prepare and promulgate model forms for the use of the various district attorneys of this state.
Amended by Laws 1988, c. 109, § 24, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-305.7. Restorative justice pilot program.

A. Beginning November 1, 2021, the District Attorneys Council is hereby authorized to develop and administer a five-year restorative justice pilot program that shall utilize citizen-led mediation panels. The purpose of the program shall be to divert offenders from the traditional prosecution model through use of a deferred prosecution agreement, while utilizing evidence-based practices and techniques to create a community-based restorative justice program that focus on the rehabilitation of offenders through reconciliation with victims and the community at large.
B. For purposes of this section, the term "restorative justice program" is defined as an alternative means to the traditional criminal justice model for qualifying nonviolent offenses. The restorative justice program under the provisions of this section should seek to have offenders take responsibility for their actions, understand the harms they have committed and provide an opportunity for offenders to make amends with the victims, themselves and their communities.
C. The pilot program shall expire at the conclusion of five (5) years from the effective date of this act.
Added by Laws 2021, c. 108, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-311.1. Petition for convening grand jury - Warning.

Every petition for the convening of a grand jury shall contain on the outer page thereof the word "Warning" and underneath this in ten-point type the words, "It is a felony for anyone to sign a petition for the convening of a grand jury with any name other than his own, or knowingly to sign his name more than once for the convening of the grand jury, or to sign such petition when he is not a legal voter of the county."
Added by Laws 1989, c. 6, § 1, eff. Nov. 1, 1989. Amended by Laws 1989, c. 180, § 10, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-313. Grounds for challenge to panel.

A challenge to the panel may be interposed by either party for one or more of the following causes only:
1. That the requisite number of ballots was not drawn from the jury box of the county or subdivision.
2. That the drawing was not had in the presence of the officers designated by law, or in the manner prescribed by law.
R.L.1910, § 5698.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-315. Grounds for challenge to juror.

A challenge to an individual grand juror may be interposed by either party, for one or more of the following causes only:
1. That he is a minor.
2. That he is not a qualified elector.
3. That he is otherwise disqualified under any of the provisions of law, in relation to the qualification of grand jurors. 4. That he is insane.
5. That he is a prosecutor upon a charge against the defendant.
6. That he is a witness on the part of the prosecution and has been served with process by an undertaking as such.
7. That a state of mind exists on his part in reference to the case, or to either party, which will prevent him from acting impartially and without prejudice to the substantial rights of the party challenging; but no person shall be disqualified as a grand juror, by reason of having formed and expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, or common notoriety, provided it satisfactorily appear to the court, upon his declaration, under oath, or otherwise, that he can and will, notwithstanding such opinion, act impartially and fairly upon the matters to be submitted to him.
R.L.1910, § 5700.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-320. Challenge to be made before jury is sworn - Exception.

Neither the state, nor a person held to answer a charge for a public offense, can take advantage of any objection to the panel or to an individual grand juror unless it be by challenge, and before the grand jury is sworn, except that after the grand jury is sworn, and before the indictment is found, the court may, in its discretion, upon a good cause shown, receive and allow a challenge.
R.L.1910, § 5705.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-322. Special grand jury.

A grand jury formed and impaneled as to and in a particular case after a challenge or challenges to individual grand jurors have been allowed, shall be sworn to act only in such particular case and as to all other cases at the same term of the court the grand jury shall be formed in the usual manner provided by law.
R.L.1910, § 5707.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-324. Oath to foreman.

The following oath must be administered to the foreman of the grand jury:
You, as foreman of this grand jury, shall diligently inquire into, and true presentment make, of all public offenses against this state, committed or triable within this county (or subdivisions), of which you shall have or can obtain legal evidence. You will keep your own counsel, and that of your fellows, and of the state, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor anything which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You shall present no person through malice, hatred, or ill will, nor leave any unpresented through fear, favor or affection, or for any reward, or the promise or hope thereof; but in all your presentments, or indictments, you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding. So help you God.
R.L.1910, § 5709.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-326. Charge to grand jury.

The grand jury, being impaneled and sworn, must be charged by the court. In doing so the court must give them such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court, or likely to come before the grand jury.
R.L.1910, § 5711.