reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1355.3. Board - Powers and duties.

A. The Board shall have the following powers and duties:
1. To appoint the Executive Director and to set the salary of the Executive Director;
2. To adopt salary schedules for the System;
3. To establish policies for the System as provided by law;
4. To require reports from the Executive Director as the Board deems necessary;
5. To approve an annual budget for the System, prepared and administered by the Executive Director;
6. To authorize the acceptance of monies, gifts, grants, or services from any public or private source;
7. To review claims for expenditures of monies;
8. To authorize contracts with individuals, educational institutions, or state or federal agencies;
9. To allocate and distribute funds or gifts received from public or private sources for indigent defense; and
10. To consult with indigent defenders and defense lawyers who represent indigents pursuant to contract or who agree to accept indigent defense cases assigned by the System to discuss problems and hear recommendations concerning necessary research, minimum standards, educational needs, and other matters imperative to conducting Oklahoma criminal defense in a professional manner.
B. The Board shall make an annual report to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Oklahoma Supreme Court, and the Presiding Judge of the Oklahoma Court of Criminal Appeals regarding the efforts of the Board to implement the purposes of the Indigent Defense Act.
C. If there is a vacancy or extended absence in the office of Executive Director, the Board shall perform the duties or appoint an interim director to perform such duties until a new Executive Director is appointed.
Added by Laws 1991, c. 238, § 4, eff. July 1, 1991. Amended by Laws 1992, c. 303, § 4, eff. July 1, 1992; Laws 1994, c. 328, § 2, eff. July 1, 1994; Laws 2001, c. 210, § 4, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1355.6. Responsibility of System to indigent defendant.

A. The Indigent Defense System shall have the responsibility of defending all indigents, as determined in accordance with the provisions of the Indigent Defense Act in all capital and felony cases and in all misdemeanor and traffic cases punishable by incarceration. In addition, the System shall have the responsibility of defending all indigent juveniles, as determined in accordance with the provisions of the Indigent Defense Act, in juvenile delinquency proceedings, adult certification proceedings, reverse certification proceedings, youthful offender proceedings, and any other cases pursuant to the Oklahoma Juvenile Code, other than mental health cases, in-need-of-supervision proceedings, and any other juvenile proceedings that are civil in nature.
B. Upon prior approval by the Executive Director, the System may also represent indigents in other state proceedings, if such representation is related to the case for which the original appointment of the System was made and if not otherwise prohibited by the Indigent Defense Act.
C. The Executive Director may select attorneys to handle indigent criminal cases from a list of attorneys who have agreed to accept assignments of such cases, who provide proof of professional liability insurance coverage, and who meet the qualifications established by the System for such assignments. Payment to such attorneys shall be made from the budget of the System.
D. The Board shall have the authority to provide for representation for indigent criminal defendants and others for whom representation is required by either the Constitution or laws of this state by attorneys employed by the System.
Added by Laws 1991, c. 238, § 7, eff. July 1, 1992. Amended by Laws 1992, c. 303, § 6, eff. July 1, 1992; Laws 1992, c. 357, § 7, eff. July 1, 1992; Laws 1993, c. 298, § 6, eff. July 1, 1993; Laws 1994, c. 229, § 3, eff. Sept. 1, 1994; Laws 1996, c. 301, § 5, eff. July 1, 1996; Laws 1997, c. 326, § 2, eff. Nov. 1, 1997; Laws 2001, c. 210, § 7, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1355.7. Conflicts of interest - Appointment of private attorney.

A. If the Executive Director determines that a conflict of interest exists at the trial level between a defendant and an attorney employed by the System, the case may be reassigned by the Executive Director to another attorney employed by the System, or to a private attorney with whom the System has a contract for indigent defense or who is included on a list of attorneys as provided in subsection C of this section.
B. If the Executive Director determines that a conflict of interest exists at the trial level between a defendant and an attorney who represents indigents either pursuant to a contract with the System or as assigned by the System, the case may be reassigned by the Executive Director to an attorney employed by the System, another attorney who represents indigents pursuant to a contract with the System, or another private attorney who has agreed to accept such assignments pursuant to subsection C of this section.
C. Assignment of a case by the System to a private attorney in all counties of this state served by the System shall be from a list of attorneys willing to accept such assignments and who meet the qualifications established by the System for such assignments.
D. Payment to such private attorneys shall be made by the System and shall be at rates approved by the System, subject to the statutory limits established in Sections 1355.8 and 1355.13 of this title for cases at the trial level.
Added by Laws 1991, c. 238, § 8, eff. July 1, 1992. Amended by Laws 1992, c. 303, § 7, eff. July 1, 1992; Laws 1994, c. 328, § 4, eff. July 1, 1994; Laws 1997, c. 326, § 3, eff. Nov. 1, 1997; Laws 2001, c. 210, § 8, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1355.9. Main office and satellite offices.

The Board shall establish one main office and as many satellite offices as necessary for the proper representation of the System's clients.
Added by Laws 1991, c. 238, § 10, eff. July 1, 1992. Amended by Laws 1992, c. 303, § 9, eff. July 1, 1992; Laws 2001, c. 210, § 10, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1355.13. Death penalty cases - Compensation of court-appointed attorneys.

A. In every case in which the defendant is subject to the death penalty and an attorney or attorneys other than an attorney or attorneys employed by the Indigent Defense System are assigned to the case by the System to provide representation, an attorney must submit a claim in accordance with the provisions of the Indigent Defense Act in such detail as required by the System. Except as provided in subsection B of this section, total compensation for non-System attorneys who serve as lead counsel in capital cases shall not exceed Twenty Thousand Dollars ($20,000.00) per case. Total compensation for a non-System attorney who is co-counsel with a System or non-System attorney in a capital case shall not exceed Five Thousand Dollars ($5,000.00) per case.
B. The maximum statutory fee established in this section may be exceeded only upon a determination made by the Executive Director and approved by the Board that the case is an exceptional one which requires an extraordinary amount of time to litigate, and that the request for extraordinary attorney fees is reasonable.
Added by Laws 1991, c. 238, § 14, eff. July 1, 1991. Amended by Laws 1992, c. 303, § 10, eff. July 1, 1992; Laws 1992, c. 357, § 6, eff. July 1, 1992; Laws 1998, c. 201, § 3, emerg. eff. May 11, 1998; Laws 2001, c. 210, § 11, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1355.13A. Death penalty cases - Compensation of attorneys appointed prior to July 1, 1991.

In any case wherein a defendant was subject to the death penalty and counsel was appointed and assigned, prior to July 1, 1991, to represent such defendant in the case because the defendant had no means and was unable to employ counsel, the court shall allow and direct to be paid from the Supreme Court Revolving Fund, unless otherwise provided by law, reasonable and just compensation to the counsel so assigned for such services as counsel may render, to include expert and investigative services, as approved by the Chief Justice of the Supreme Court. This section shall not apply to cases assigned for trial to the Indigent Defense System.
In any case subject to the provisions of this section, wherein the case is reversed and remanded for new trial on appeal, the case shall be assigned pursuant to the Indigent Defense Act, Section 1355.1 et seq. of Title 22 of the Oklahoma Statutes, or pursuant to Section 138.1 et seq. of Title 19 of the Oklahoma Statutes.
Added by Laws 1993, c. 245, § 20, eff. July 1, 1993. Amended by Laws 1994, c. 225, § 14, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1355.14. Payment of costs of representation - Fee schedule.

A. At the time of pronouncing the judgment and sentence or other final order, the court shall order any person represented by an attorney employed by the Oklahoma Indigent Defense System or a defense attorney who contracts or volunteers to represent indigents pursuant to the provisions of the Indigent Defense Act to pay the costs for representation in total or in installments and, in the case of installment payments, set the amount and due date of each installment.
B. Costs assessed pursuant to this section shall be collected by the court clerk and when collected paid monthly to the Oklahoma Indigent Defense System for deposit to the Indigent Defense System Revolving Fund.
C. Costs of representation shall be a debt against the person represented until paid and shall be subject to any method provided by law for the collection of debts.
D. Any order directing the defendant to pay costs of representation shall be a lien against all real and personal property of the defendant and may be filed against such property and foreclosed as provided by law for civil liens.
E. The court shall assess the following fees as the cost of representation:
1. For any misdemeanor case in which a plea of guilty or stipulation to revocation or imposition of sentence has been entered
$150.00
2. For any felony case in which a plea of guilty or stipulation to revocation or imposition of sentence has been entered
$250.00
3. For any misdemeanor case tried to a jury
$500.00
4. For any felony case tried to a jury
$1,000.00
5. For any merit hearing on an application to revoke a suspended sentence or accelerate a deferred sentence in a misdemeanor case
$200.00
6. For any merit hearing on an application to revoke a suspended sentence or accelerate a deferred sentence in a felony case
$300.00
The fees shall be assessed unless ordered waived upon good cause shown by the indigent person, or unless another amount is specifically requested by counsel for the indigent person and is approved by the court. In cases or proceedings other than those set forth in paragraphs 1 through 6 of this subsection, the court shall assess the cost of representation not to exceed Two Hundred Fifty Dollars ($250.00), except upon a showing by counsel of the actual costs or representation in excess of said amount.
Added by Laws 1991, c. 238, § 15, eff. July 1, 1991. Amended by Laws 1992, c. 303, § 11, eff. July 1, 1992; Laws 1994, c. 229, § 4, eff. Sept. 1, 1994; Laws 1996, c. 251, § 2, eff. July 1, 1996; Laws 1996, c. 301, § 7, eff. July 1, 1996; Laws 1999, c. 197, § 2, emerg. eff. May 24, 1999; Laws 2001, c. 258, § 8, eff. July 1, 2001; Laws 2004, c. 123, § 1, emerg. eff. April 19, 2004.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1355.15. Contempt citations - Payment of reasonable court costs.

The System shall not approve payment of any claims for fines resulting from contempt citations issued to attorneys defending indigent clients. The Indigent Defense Board may, upon recommendation of the Executive Director, approve payment of reasonable court costs resulting from contempt citations issued to attorneys appointed in accordance with the Indigent Defense Act.
Added by Laws 1994, c. 229, § 5, eff. Sept. 1, 1994. Amended by Laws 1996, c. 301, § 8, eff. July 1, 1996; Laws 2001, c. 210, § 12, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1356. Appeals and post-conviction proceedings.

A. The System shall perfect all direct appeals and capital post-conviction proceedings for all cases to which the System is appointed by Oklahoma district courts at the time the appeal is initiated, except as otherwise provided in this section and Section 1358 of this title. In counties subject to the provisions of Section 138.1a of Title 19 of the Oklahoma Statutes, the System shall perfect direct appeals for indigent defendants who were not represented at trial by the county indigent defender. The System shall not be appointed to perfect direct appeals for indigents represented at trial by the county indigent defender, unless a conflict of interest on appeal exists between defendants, in which case the System may be appointed to represent not more than one defendant.
B. Judges of the district courts shall appoint the System, at the time the appeal is initiated, in cases in which the defendant is subject to incarceration or the death penalty, and to perfect all indigent criminal appeals which are felony or misdemeanor appeals, appeals by petition for writ of certiorari, juvenile criminal appeals and youthful offender appeals pursuant to the Oklahoma Juvenile Code, appeals from revocation of a suspended sentence and appeals from acceleration of deferred judgments.
Added by Laws 1981, c. 207, § 2, emerg. eff. May 26, 1981. Amended by Laws 1988, c. 253, § 5, operative July 1, 1988; Laws 1991, c. 238, § 16, eff. July 1, 1991; Laws 1992, c. 303, § 12, eff. July 1, 1992; Laws 1993, c. 298, § 8, eff. July 1, 1993; Laws 1994, c. 328, § 6, eff. July 1, 1994; Laws 1996, c. 301, § 9, eff. July 1, 1996; Laws 2001, c. 210, § 13, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1358. Reassignment of cases.

If the Executive Director determines that a conflict exists after evaluating a case assigned pursuant to Section 1356 of this title, the Executive Director shall reassign the case in the same manner as is provided for conflicts at the trial level in Section 1355.7 of this title, unless the case is from a county subject to the provisions of Section 138.1a of Title 19 of the Oklahoma Statutes and the indigent defendant was not represented at trial by the county indigent defender. If the Executive Director determines a conflict exists in a case from a county subject to the provisions of Section 138.1a of Title 19 of the Oklahoma Statutes and the indigent defendant was not represented at trial by the county indigent defender, the county indigent defender shall be appointed to represent the indigent defendant. The appointment of the county indigent defender shall be made by the district court at the time the appeal is initiated or by the Court of Criminal Appeals after the appeal is initiated. If the district court, at the time the appeal is initiated, or the Court of Criminal Appeals, after the appeal has been initiated, determines that the county indigent defender also has a conflict of interest in the case, the district court, initially or on remand from the Court of Criminal Appeals, shall appoint counsel in the same manner as is provided for conflicts at the trial level in Section 138.7 of Title 19 of the Oklahoma Statutes, by reassigning the case to another county indigent defender, an attorney who represents indigents pursuant to contract, or a private attorney has agreed to accept such appointments.
Added by Laws 1981, c. 207, § 4, emerg. eff. May 26, 1981. Amended by Laws 1992, c. 303, § 13, eff. July 1, 1992; Laws 1994, c. 328, § 7, eff. July 1, 1994; Laws 1996, c. 301, § 10, eff. July 1, 1996; Laws 2001, c. 210, § 14, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1360. Postconviction proceedings - Representation.

A. The System shall represent indigents in proceedings for postconviction relief in all capital cases.
B. In noncapital cases, the System shall not be appointed to represent indigents in proceedings for postconviction relief; provided, however, the System may represent indigents in postconviction proceedings if the representation is related to another pending case in which the System has been appointed, or the proceeding is necessary to obtain an appeal out of time on behalf of a System client in a case to which the System has been properly appointed.
C. No attorney employed by the System or providing legal services for the System pursuant to contract shall be required to appear in the district courts of this state on issues of appellate counsel appointment and requests for exhibits, records and transcripts.
D. After a mandate has been issued by the Oklahoma Court of Criminal Appeals in any case on direct appeal, the System is prohibited from appealing that case in any further proceedings in either a state or federal court, except in capital cases and in cases provided for in subsection B of this section. In capital cases, the System shall perfect all petitions for writ of certiorari to the United States Supreme Court and represent such appellants or appellees, as the case may be, in any appearance before that Court.
Added by Laws 1981, c. 207, § 6, emerg. eff. May 26, 1981. Amended by Laws 1987, c. 153, § 2, eff. Nov. 1, 1987; Laws 1991, c. 238, § 18, eff. July 1, 1991; Laws 1992, c. 303, § 14, eff. July 1, 1992; Laws 1996, c. 301, § 11, eff. July 1, 1996; Laws 1998, c. 201, § 4, emerg. eff. May 11, 1998; Laws 2001, c. 210, § 15, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1362. Transmission of records.

The district court clerks for each county shall transmit one certified copy of the original record for each appeal authorized by the Indigent Defense Act directly to the Oklahoma Indigent Defense System as soon as possible after the filing of the notice of intent to appeal and the order appointing the System, unless additional copies are requested, not to exceed three copies. One certified copy of all transcripts, records and exhibits designated shall be transmitted for each authorized appeal by the district court clerk to the Oklahoma Indigent Defense System within the time limits as established by the Rules of the Court of Criminal Appeals and applicable statutes, unless additional copies are requested, not to exceed three copies. The System attorney is hereby authorized to supplement the designation of record as filed by the trial counsel by filing a written supplemental designation of record. When a written supplemental designation of record is filed by the System attorney, it shall be the duty of the court clerk or the court reporter, as appropriate, to include the supplementary materials as part of the record on appeal.
Added by Laws 1981, c. 207, § 8, emerg. eff. May 26, 1981. Amended by Laws 1986, c. 248, § 1, emerg. eff. June 13, 1986; Laws 1991, c. 238, § 19, eff. July 1, 1991; Laws 1992, c. 303, § 15, eff. July 1, 1992; Laws 1992, c. 357, § 9, eff. July 1, 1992; Laws 1996, c. 301, § 12, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1363. Filing of jurisdictional documents.

It shall be the responsibility of the trial counsel to file all jurisdictional documents required to be filed in the district court and the Court of Criminal Appeals to initiate the appeal. The System shall be prohibited from accepting any appeal, unless trial counsel has timely filed all necessary documents or has pursued and been granted the authority for an appeal out of time on the defendant's behalf.
Added by Laws 1981, c. 207, § 9, emerg. eff. May 26, 1981. Amended by Laws 1986, c. 248, § 1, emerg. eff. June 13, 1986; Laws 1992, c. 303, § 16, eff. July 1, 1992; Laws 1996, c. 301, § 13, eff. July 1, 1996; Laws 1997, c. 326, § 5, eff. Nov. 1, 1997; Laws 2001, c. 210, § 16, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1364. Notice - Appointment to perfect appeal - Transfer of documents.

It shall be the responsibility of the appropriate judge of the district court to notify the Oklahoma Indigent Defense System of any appointment of the System to perfect an appeal pursuant to the Indigent Defense Act within three (3) days after such appointment. The appointment order shall state the nature of the appeal. The appropriate judge of the district court shall send all necessary documents to insure perfection of the appeal to the Oklahoma Indigent Defense System within the time prescribed in the Rules of the Court of Criminal Appeals or under applicable statutes.
Added by Laws 1981, c. 207, § 10, emerg. eff. May 26, 1981. Amended by Laws 1992, c. 303, § 17, eff. July 1, 1992; Laws 1994, c. 328, § 8, eff. July 1, 1994; Laws 1996, c. 301, § 14, eff. July 1, 1996.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1365. Costs and fees.

All necessary transcript costs and court fees required for perfecting appeals for indigents pursuant to the Indigent Defense Act shall be paid by the defendant if the defendant is financially able to do so. Otherwise, the costs shall be paid from the court fund of the county in which the defendant was convicted.
Added by Laws 1981, c. 207, § 11, emerg. eff. May 26, 1981. Amended by Laws 2001, c. 210, § 17, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1366. Time period for appointment of counsel.

The appointment of counsel pursuant to the provisions of the Indigent Defense Act shall commence for indigent criminal defendants on or subsequent to July 1, 1992 for noncapital cases and on July 1, 1991 for capital cases.
Added by Laws 1981, c. 207, § 12, emerg. eff. May 26, 1981. Amended by Laws 1988, c. 253, § 7, operative July 1, 1988; Laws 1991, c. 238, § 20, eff. July 1, 1991; Laws 1992, c. 303, § 18, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1367. Volunteers - Liability for professional services.

Any member of the Oklahoma Bar Association who volunteers professional legal services without compensation for purposes of providing trial or appellate legal defense services to an indigent defendant shall not be subject to any liability for volunteered professional services that are performed in conjunction with the representation of said indigent defendant.
Added by Laws 1992, c. 303, § 19, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1368. Indigent Defense System Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Indigent Defense System to be designated the "Indigent Defense System Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of federal funds, grants, gifts and such other funds as are provided by law. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Board to defray expenses relating to the performance of duties imposed upon the Oklahoma Indigent Defense System by law. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1988, c. 253, § 8, operative July 1, 1988. Amended by Laws 1991, c. 238, § 21, eff. July 1, 1991; Laws 2012, c. 304, § 93.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1369. Contract Retention Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Indigent Defense System, to be designated the "Contract Retention Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies retained by the Indigent Defense System, pursuant to the provisions of Section 1355.8 of this title. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Indigent Defense System for the purpose of making contract payments pursuant to paragraph 2 of subsection G of Section 1355.8 of this title. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1993, c. 298, § 9, eff. July 1, 1993. Amended by Laws 2001, c. 210, § 18, eff. July 1, 2001; Laws 2012, c. 304, § 94.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1370.1. Forensic Testing Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Indigent Defense System, to be designated the "Forensic Testing Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of all funds appropriated by the Legislature to the fund or monies received from any political subdivision of the State of Oklahoma as reimbursements or recovery for forensic testing. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Oklahoma Indigent Defense System for the purpose of providing forensic testing. Expenditures shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2001, c. 418, § 1, emerg. eff. June 5, 2001. Amended by Laws 2012, c. 304, § 95.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1371. Short title - Program duration.

A. Sections 1 through 3 of this act shall be known and may be cited as the "DNA Forensic Testing Act".
B. There is hereby created the Oklahoma Indigent Defense System DNA Forensic Testing Program to continue until July 1, 2005.
Added by Laws 2000, c. 276, § 1, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1371.2. Indigent person may request services of Oklahoma Indigent Defense System DNA Forensic Testing Program.

An indigent person convicted of, and presently incarcerated on, any felony offense upon which the testing is sought, who alleges a claim of entitlement to forensic testing for purposes of demonstrating factual innocence may request the services of the Oklahoma Indigent Defense System DNA Forensic Testing Program pursuant to the DNA Forensic Testing Act.
Added by Laws 2000, c. 276, § 3, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1372. Biological evidence preservation – Definitions.

A. A criminal justice agency having possession or custody of biological evidence from a violent felony offense, as defined by subsection F of Section 982 of Title 22 of the Oklahoma Statutes, shall retain and preserve that biological evidence for such period of time as any individual convicted of that crime remains incarcerated.
B. As used in this section:
1. "Biological evidence" means physical evidentiary material originating from the human body from which a nuclear DNA profile or mitochondrial DNA sequence can be obtained or representative or derivative samples of such physical evidentiary material collected by a forensic DNA laboratory; and
2. "DNA" means deoxyribonucleic acid.
C. The criminal justice agency in possession or custody of biological evidence may destroy or otherwise dispose of the biological evidence before the expiration of the period of time described in subsection A of this section only if:
1. The agency notifies any person who remains incarcerated in connection with the case, the Oklahoma Indigent Defense System DNA Forensic Testing Program if still applicable, and any counsel of record or public defender organization for the judicial district in which the judgment of conviction for such person was entered, of:
a.
the intention of the agency to destroy the evidence, and
b.
the provisions of the DNA Forensic Testing Act, if still applicable;
2. No person submits a written objection to the destruction of the biological evidence to the agency within ninety (90) days of receiving notice pursuant to paragraph 1 of this subsection; and
3. No other provision of law requires that such biological evidence be preserved.
Added by Laws 2001, c. 52, § 1, eff. July 1, 2001.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1373.1. Definitions.

As used in the Postconviction DNA Act:
1. "Biological material" means the contents of a sexual assault evidence collection kit as well as any item that contains or includes blood, semen, hair, saliva, skin tissue, fingernail scrapings or parings, bone, bodily fluids or other identifiable biological material that was collected as part of the criminal investigation or may reasonably be used to incriminate or exculpate any person for an offense and that may be suitable for forensic DNA testing. This definition applies whether the material was catalogued separately including, but not limited to, on a swab, a slide or on any other evidence;
2. "DNA" means deoxyribonucleic acid;
3. "Document" or "documents" means any tangible thing upon which any expression, communication or representation has been recorded by any means and includes any writing, electronic writing, recording, drawing, map, graph or chart, photograph and other data compilation in the actual or constructive possession, custody, care or control of the government which pertains directly or indirectly to any matter relevant to the issues in a criminal case; and
4. "Guardian of a convicted person" means a person who is the legal guardian of the convicted person, whether the legal relationship exists because of the age of the convicted person or because of the physical or mental incompetency of the convicted person.
Added by Laws 2013, c. 317, § 2, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1373.2. Motion requesting testing.

A. Notwithstanding any other provision of law concerning postconviction relief, a person convicted of a violent felony crime or who has received a sentence of twenty-five (25) years or more and who asserts that he or she did not commit such crime may file a motion in the sentencing court requesting forensic DNA testing of any biological material secured in the investigation or prosecution attendant to the challenged conviction. Persons eligible for testing shall include any and all of the following:
1. Persons currently incarcerated, civilly committed, on parole or probation or subject to sex offender registration;
2. Persons convicted on a plea of not guilty, guilty or nolo contendere;
3. Persons deemed to have provided a confession or admission related to the crime, either before or after conviction of the crime; and
4. Persons who have discharged the sentence for which the person was convicted.
B. A convicted person may request forensic DNA testing of any biological material secured in the investigation or prosecution attendant to the conviction that:
1. Was not previously subjected to DNA testing; or
2. Although previously subjected to DNA testing, can be subjected to testing with newer testing techniques that provide a reasonable likelihood of results that are more accurate and probative than the results of the previous DNA test.
C. The motion requesting forensic DNA testing shall be accompanied by an affidavit sworn to by the convicted person containing statements of fact in support of the motion.
D. Upon receipt of the motion requesting forensic DNA testing, the sentencing court shall provide a copy of the motion to the attorney representing the state and require the attorney for the state to file a response within sixty (60) days of receipt of service or longer, upon good cause shown. The response shall include an inventory of all the evidence related to the case, including the custodian of such evidence.
E. A guardian of a convicted person may submit motions for the convicted person under the provisions of this act and shall be entitled to counsel as otherwise provided to a convicted person pursuant to this act.
Added by Laws 2013, c. 317, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1373.3. Pro se referrals.

The sentencing court, in its discretion, may refer pro se requests for DNA testing to qualified parties willing to accept the referrals for further review without appointing the parties as counsel for the convicted person at that time. Such qualified parties may include, but shall not be limited to, indigent defense organizations or clinical legal education programs.
Added by Laws 2013, c. 317, § 4, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1373.5. Results - Relief.

A. If the results of the forensic DNA testing conducted under the provisions of this act are favorable to the petitioner, the court shall schedule a hearing to determine the appropriate relief to be granted. Based on the results of the testing and any other evidence presented at the hearing, the court shall thereafter enter any order that serves the interests of justice including, but not limited to, any of the following:
1. An order setting aside or vacating the judgment of conviction, judgment of not guilty by reason of mental disease or defect or adjudication of delinquency;
2. An order granting the petitioner a new trial or fact-finding hearing;
3. An order granting the petitioner a new commitment hearing or dispositional hearing;
4. An order discharging the petitioner from custody;
5. An order specifying the disposition of any evidence that remains after the completion of the testing;
6. An order granting the petitioner additional discovery on matters related to the DNA test results on the conviction or sentence under scrutiny including, but not limited to, documents pertaining to the original criminal investigation or the identities of other suspects; or
7. An order directing the state to place any unidentified DNA profile or profiles obtained from postconviction DNA testing into Oklahoma or federal databases as allowed within applicable state and federal laws.
B. If the results of the tests are not favorable to the petitioner, the court shall:
1. Dismiss the motion; and
2. Make such further orders as the court deems appropriate, including an order that:
a.
requires the DNA test results be provided to the Pardon and Parole Board or Department of Corrections, or
b.
requests the DNA profile of the petitioner be added to the convicted offender index database of the OSBI Combined DNA Index System (CODIS) Database as provided by law.
Added by Laws 2013, c. 317, § 6, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1373.6. Agreement to conduct testing.

A. The filing of a motion for postconviction DNA testing shall not be required if both the state and the convicted person consent and agree to conduct postconviction DNA testing.
B. Notwithstanding any other provision of law governing postconviction relief, if DNA test results obtained under testing conducted upon consent of the parties are favorable to the convicted person, the convicted person may file and the court shall adjudicate an order pursuant to Section 6 of this act for postconviction relief based on the DNA test results.
Added by Laws 2013, c. 317, § 7, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1401. Short title.

Sections 1401 through 1419 of this title shall be known and may be cited as the "Oklahoma Racketeer-Influenced and Corrupt Organizations Act".
Added by Laws 1988, c. 131, § 1, eff. Nov. 1, 1988. Amended by Laws 2010, c. 456, § 4, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1403. Participation in pattern of racketeering activity or collection of unlawful debt prohibited - Investment of funds prohibited - Conspiracy to violate prohibition - Venue of actions.

A. No person employed by or associated with any enterprise shall conduct or participate in, directly or indirectly, the affairs of the enterprise through a pattern of racketeering activity or the collection of an unlawful debt.
B. No person, through a pattern of racketeering activity or through the collection of an unlawful debt, shall acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
C. No person who has received any proceeds derived, directly or indirectly, from a pattern of racketeering activity, or through the collection of any unlawful debt, in which the person participated as a principal, shall use or invest, directly or indirectly, any part of the proceeds or any proceeds derived from the investment or use of any of those proceeds in the acquisition of any right, title, or interest in real property or in the establishment or operation of any enterprise.
A purchase of securities on the open market with intent to make an investment, and without the intent of controlling or participating in the control of the issuer or of assisting another to do so, shall not be unlawful pursuant to the provisions of this section if the securities of the issuer held by the purchaser, the members of the immediate family of the purchaser, and accomplices of the purchaser or immediate family of the purchaser in any pattern of racketeering activity, or the collection of an unlawful debt after the purchase, do not amount in the aggregate to one percent (1%) of the outstanding securities of any one class and do not confer the power to elect one or more directors of the issuer.
D. No person shall attempt to violate or conspire with others to violate the provisions of subsection A, B or C of this section.
E. Venue for a civil or criminal action to enforce the provisions of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act shall be in any county in which at least one act of racketeering activity is alleged to have occurred in the petition or information or indictment, it being the intent of this act, that one district court have jurisdiction over all the conduct, persons and property subject to this act.
Added by Laws 1988, c. 131, § 3, eff. Nov. 1, 1988. Amended by Laws 2010, c. 456, § 6, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1404. Penalties for violating Section 1403 - Persons authorized to institute proceedings.

A. Any person convicted of violating any provision of Section 1403 of this title shall be punished by a term of imprisonment in the custody of the Department of Corrections of not less than ten (10) years and shall not be eligible for a deferred sentence, probation, suspension, work furlough, or release from confinement on any other basis until the person has served one-half (1/2) of the sentence. A violation of each of the provisions of Section 1403 of this title shall be a separate offense.
B. In lieu of the fine authorized by the Oklahoma Racketeer-Influenced and Corrupt Organizations Act, any person convicted of violating any provision of Section 1403 of this title, through which the person derived pecuniary value, or by which the person caused personal injury, or property damage or other loss, may be sentenced to pay a fine that does not exceed three times the gross value gained or three times the gross loss caused, whichever is greater, plus court costs and the costs of investigation and prosecution reasonably incurred, less the value of any property ordered forfeited pursuant to the provisions of subsection A of Section 1405 of this title. The district court shall hold a separate hearing to determine the amount of the fine authorized by the provisions of this subsection.
C. No person shall institute any proceedings, civil or criminal, pursuant to the provisions of this act, except the Attorney General, any district attorney or any district attorney appointed under the provisions of Section 215.9 of Title 19 of the Oklahoma Statutes.
Added by Laws 1988, c. 131, § 4, eff. Nov. 1, 1988. Amended by Laws 1997, c. 133, § 440, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 324, eff. July 1, 1999; Laws 2010, c. 456, § 7, eff. Nov. 1, 2010.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 440 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1405. Criminal forfeiture procedures.

A. Any person convicted of violating any of the provisions of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act shall criminally forfeit to the state, according to the procedures established in subsection B of this section, any real or personal property used in the course of, intended for use in the course of, derived from, or realized through conduct in violation of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act, including any property constituting an interest in or means of control or influence over the enterprise involved in the conduct in violation of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act, including:
1. Any compensation, right, or benefit derived from a position, office, appointment, tenure, commission, or employment contract that accrued to the person during the course of conduct in violation of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act;
2. Any interest in, security of, claim against, or property or contractual right affording the person a source of influence or control over the affairs of an enterprise that the person exercised in violation of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act; or
3. Any amount payable or paid pursuant to any contract for goods or services that was awarded or performed in violation of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act.
B. The criminal forfeiture procedures are as follows:
1. A judgment of criminal forfeiture shall not be entered unless a special verdict containing a finding of property subject to forfeiture, specifying the extent of such property and describing with specificity such property and the circumstances by which the property is subject to forfeiture is returned; and
2. If any property included in a special verdict of criminal forfeiture:
a.
cannot be located,
b.
has been sold to a bona fide purchaser for value,
c.
has been placed beyond the jurisdiction of the court,
d.
has been substantially diminished in value by the conduct of the defendant,
e.
has been commingled with other property that cannot be divided without difficulty or undue injury to innocent parties,
f.
is otherwise unreachable without undue injury to innocent parties, or
g.
is subject to a valid security interest, to the extent of the security interest, held by a bank, savings and loan association, credit union or supervised lender licensed by the Oklahoma Administrator of Consumer Credit, acquired prior to the lien notice provided by Section 1412 of this title,
the district court shall order forfeiture of any other property of the defendant up to the value of the property that is unreachable.
Added by Laws 1988, c. 131, § 5, eff. Nov. 1, 1988. Amended by Laws 2010, c. 456, § 8, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1406. Action which may be taken by district court after filing of indictment of information and hearing.

After the filing of an indictment or information by the Attorney General or district attorney and after a hearing with respect to which any person who shall be affected has been given thirty (30) days' notice and opportunity to participate, the district court may, based on the indictment or information and the hearing:
1. Enter a restraining order or injunction;
2. Require the execution of satisfactory bond in the amount of ten percent (10%) of the property value; or
3. Take any other action, including the appointment of a receiver, that the Attorney General or district attorney shows by a preponderance of the evidence is necessary to preserve the property which may be subject to criminal forfeiture.
Added by Laws 1988, c. 131, § 6, eff. Nov. 1, 1988. Added by Laws 1988, c. 131, § 6, eff. Nov. 1, 1988.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1407. Action which may be taken by district court after entry of judgment.

Following the entry of a judgment that includes a fine or an order of criminal forfeiture pursuant to the provisions of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act, or both, the district court may enter a restraining order or an injunction, require the execution of a satisfactory bond, or take any other action, including the appointment of a receiver, that the district court deems proper to protect the interests of the state.
An order of criminal forfeiture shall authorize the Attorney General or district attorney to seize the property declared forfeited upon such terms and conditions, relating to the time and manner of seizure, as the district court shall deem proper.
Added by Laws 1988, c. 131, § 7, eff. Nov. 1, 1988. Amended by Laws 2010, c. 456, § 9, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1408. Criminal fines and penalties under act not exclusive.

Criminal penalties and fines pursuant to the Oklahoma Racketeer-Influenced and Corrupt Organizations Act are supplemental and not mutually exclusive, except when so designated, and shall not preclude the application of any other criminal or civil remedy pursuant to any other provision of the law.
Added by Laws 1988, c. 131, § 8, eff. Nov. 1, 1988. Amended by Laws 2010, c. 456, § 10, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 22. Criminal Procedure › §22-1410. Disposal of forfeited property.

A. Upon approval of the district court, the Attorney General or district attorney shall dispose of all property ordered forfeited in any criminal proceeding pursuant to the provisions of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act as soon as feasible, making due provisions for the rights of innocent parties, by:
1. Public sale;
2. Transfer to a state, county or local governmental agency for official use;
3. Sale or transfer to an innocent party; or
4. Destruction, if the property is not needed for evidence in any pending criminal or civil proceeding.
B. Any property right not exercisable by, or transferable for value to the state shall not revert to the defendant. No defendant or any person acting in concert with the defendant or on behalf of the defendant shall be eligible to purchase forfeited property from the state.
C. With respect to property ordered forfeited in any criminal proceeding pursuant to the provisions of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act, the Attorney General, district attorney or other prosecutorial officer designated by the Attorney General is authorized to:
1. Compromise claims;
2. Award compensation to persons providing information resulting in a forfeiture pursuant to the provisions of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act; and
3. Petition the court to mitigate or remit a forfeiture or to restore forfeited property to victims of a violation of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act.
D. The proceeds of any sale or other disposition of forfeited property imposed pursuant to the Oklahoma Racketeer-Influenced and Corrupt Organizations Act shall be applied as follows:
1. To a bona fide innocent purchaser, conditional sales vendor, or mortgagee of the forfeited property up to the amount of the interest held by the person in the forfeited property;
2. To the fees and costs of the forfeiture and sale, including expenses of seizure, maintenance, and custody of the property pending its disposition, advertising, and the court costs;
3. To all costs and expenses of investigation and prosecution, including costs of resources and personnel incurred in investigation and prosecution; and
4. The balance to the credit of the Attorney General, district attorney, or law enforcement agencies in such proportions as are represented by the costs and expenses of investigation and prosecution as provided in the Oklahoma Racketeer-Influenced and Corrupt Organizations Act.
Added by Laws 1988, c. 131, § 10, eff. Nov. 1, 1988. Amended by Laws 2010, c. 456, § 12, eff. Nov. 1, 2010.