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§22-1. Title of code.
This chapter shall be known as the code of criminal procedure of
the State of Oklahoma.
R.L.1910, § 5535.
§22-2. Indictment or information necessary, except when.
0"* "".$! "!.! "4
Every public offense must be prosecuted by indictment, or
information except;
1. Where proceedings are had for the removal of civil officers
of this state.
2. Offenses arising in the militia, when in actual service, and
in the land and naval forces in time of war, or which the state may
keep, with the consent of Congress in time of peace.
3. Offenses tried in justices' and police courts in cases
concerning which lawful jurisdiction, without the intervention of a
grand jury, is or may be conferred upon said courts.
R.L.1910, § 5536.
§22-3. Code not retroactive.
No part of this code is retroactive unless expressly so declared.
R.L.1910, § 5537.
§22-4. Construction of words.
Unless when otherwise provided, words used in this code in the
present tense include the future as well as the present. Words used
in the masculine comprehend as well the feminine and neuter. The
singular number includes the plural, and the plural the singular. And
the word person includes a corporation as well as a natural person.
R.L.1910, § 5538.
§22-4A. "Court", "courts of the state", "courts in the state" and
"court clerk" defined.
As used in Title 22 of the Oklahoma Statutes, the term "court" or
"courts of the state" or "courts in the state" shall mean the
district court of the State of Oklahoma as defined in Section 91.1
of Title 20 of the Oklahoma Statutes, and the term "court clerk"
shall mean the clerk of the district court, except where a contrary
intention plainly appears.
Added by Laws 1991, c. 238, § 33, eff. July 1, 1991.
§22-5. Writing includes printing.
The term writing includes printing.
R.L.1910, § 5539.
§22-6. Oath includes affirmation.
The term oath includes an affirmation.
R.L.1910, § 5540.
§22-7. Signature.
The term “signature” includes a mark when the person cannot
write, the name being written near it, and the mark being witnessed
by a person who writes their name as a witness, except to an
affidavit or deposition, or a paper executed before a judicial
0"* "".$! "!.! "4+
officer, in which case the attestation of the officer is sufficient.
The term “signature” also includes a digital or electronic signature,
as defined in Section 15-102 of Title 12A of the Oklahoma Statutes,
in any case involving a misdemeanor.
R.L. 1910, § 5541. Amended by Laws 2008, c. 179, § 2, eff. Nov. 1,
2008.
§22-8. Application of statutes.
This chapter applies to criminal actions and to all other
proceedings in criminal cases which are herein provided for.
R.L.1910, § 5542.
§22-9. Common law prevails, when.
The procedure, practice and pleadings in the courts of record of
this state, in criminal actions or in matters of criminal nature, not
specifically provided for in this code, shall be in accordance with
the procedure, practice and pleadings of the common law.
R.L.1910, § 5543.
§22-10. Criminal action defined.
The proceeding by which a party charged with a public offense is
accused and brought to trial and punishment, is known as a criminal
action.
R.L.1910, § 5544.
§22-11. Prosecution is by state against person charged.
A criminal action is prosecuted in the name of the State of
Oklahoma as a party, against the person charged with the offense.
R.L.1910, § 5545.
§22-12. Party defendant.
The party prosecuted in a criminal action is designated in this
chapter as the defendant.
R.L.1910, § 5546.
§22-13. Right to speedy trial, counsel and witnesses.
In a criminal action the defendant is entitled:
1. To a speedy and public trial.
2. To be allowed counsel, as in civil actions, or to appear and
defend in person and with counsel; and,
3. To produce witnesses on his behalf, and to be confronted with
the witnesses against him in the presence of the court.
R.L.1910, § 5547.
§22-14. Former jeopardy.
0"* "".$! "!.! "4-
No person can be subjected to a second prosecution for a public
offense for which he has once been prosecuted and duly convicted or
acquitted, except as hereinafter provided for new trials.
R.L.1910, § 5548.
§22-15. Testimony against one's self - Restraint during trial and
prior to conviction.
No person can be compelled in a criminal action to be witness
against himself; nor can a person charged with a public offense be
subjected before conviction to any more restraint than is necessary
for his detention to answer the charge, and in no event shall he be
tried before a jury while in chains or shackles.
R.L.1910, § 5549; Laws 1953, p. 97, § 1.
§22-16. Repealed by Laws 2019, c. 227, § 2, eff. Nov. 1, 2019.
§22-17. Custody and distribution of proceeds from sale of rights
arising from criminal act.
A. Every person who has been charged, convicted, has pled guilty
or has pled nolo contendere to any crime, hereinafter referred to as
the defendant, or any other person with the cooperation of the
defendant, who contracts to receive, or have any other person or
entity receive, any proceeds or profits from any source, as a direct
or indirect result of the crime or sentence, or the notoriety which
the crime or sentence has conferred upon the defendant, shall forfeit
the proceeds or profits as provided in this section; provided,
however, proceeds or profits from a contract relating to the
depiction or discussion of the defendant's crime shall not be subject
to forfeiture unless an integral part of the work is a depiction or
discussion of the defendant's crime or an impression of the
defendant's thoughts, opinions, or emotions regarding the crime. All
parties to a contract described in this section are required to pay
to the district court wherein the criminal charges were filed any
proceeds or thing of value which pursuant to the contract is to be
paid to the defendant or to another person or entity. The district
court shall make deposit of proceeds received pursuant to this
section and direct the county treasurer to make the deposit of those
funds in an escrow account for the benefit of and payable to victims
of the crime or the legal representative of any victim of the crime
committed by the defendant or to repay a public defender office for
legal representation during a criminal proceeding. There is hereby
created a lien upon any sum of money or other thing of value payable
to anyone pursuant to any contract described in this section, for the
purpose of enforcing the forfeiture obligation established herein,
which lien may be foreclosed in the same manner as statutory tax
liens created by Oklahoma law. Any person who contracts without
fully providing for such forfeiture in compliance with the provisions
0"* "".$! "!.! "42
of this section shall be guilty of a felony and, upon conviction,
shall be punished by a fine of not less than Ten Thousand Dollars
($10,000.00) and not to exceed three times the value of the proceeds
of the contract, or by imprisonment not exceeding ten (10) years in
the custody of the Department of Corrections, or both such fine and
imprisonment.
B. Payments from the escrow account shall be used, in the
following order of priority, to satisfy any judgment rendered in
favor of a victim or a victim's legal representative, to pay
restitution, fines, court costs, and other payments, reparations or
reimbursements ordered by the court at the time of sentencing
including repayments to a public defender office for legal
representation of the defendant and to pay every cost and expense of
incarceration and treatment authorized by law as a cost of the
defendant.
C. A victim or the legal representative of a victim must file a
civil action, in a court of competent jurisdiction, to recover money
against the defendant or the defendant's legal representative within
seven (7) years of the filing of the criminal charges against the
defendant. The victims and the legal representative of a victim of
the crime shall have a priority interest in any proceeds or profits
received pursuant to the provisions of this section. If no victim or
legal representative of a victim has filed a civil suit within seven
(7) years from the filing of the criminal charges against the
defendant, any money in the escrow account shall be paid over in the
following order of priority:
1. For restitution;
2. For any fine and court costs;
3. For other payments ordered in the sentence;
4. For the costs and expenses of incarceration; and
any remaining money to the Victims' Compensation Revolving Fund.
Upon disposition of charges favorable to the defendant, any money in
the escrow account shall be paid over to the defendant.
D. The district court wherein the criminal charges were filed
shall, once every six (6) months for seven (7) years from the date
any money is deposited with the court, publish a notice in at least
one (1) newspaper of general circulation in each county of the state
in accordance with the provisions on publication of notices found in
Sections 101 et seq. of Title 25 of the Oklahoma Statutes, notifying
any eligible victim or legal representative of an eligible victim
that monies are available to satisfy judgments pursuant to this
section.
Added by Laws 1981, c. 49, § 1. Amended by Laws 1995, c. 201, § 1,
emerg. eff. May 19, 1995; Laws 1997, c. 133, § 435, eff. July 1,
1999; Laws 1999, 1st Ex.Sess., c. 5, § 319, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 435 from July 1, 1998, to July 1, 1999.
0"* "".$! "!.! "45
§22-18. Expungement of records - Persons authorized.
A. Persons authorized to file a motion for expungement, as
provided herein, must be within one of the following categories:
1. The person has been acquitted;
2. The conviction was reversed with instructions to dismiss by
an appellate court of competent jurisdiction, or an appellate court
of competent jurisdiction reversed the conviction and the prosecuting
agency subsequently dismissed the charge;
3. The factual innocence of the person was established by the
use of deoxyribonucleic acid (DNA) evidence subsequent to conviction,
including a person who has been released from prison at the time
innocence was established;
4. The person has received a full pardon by the Governor for the
crime for which the person was sentenced;
5. The person was arrested and no charges of any type, including
charges for an offense different than that for which the person was
originally arrested, are filed and the statute of limitations has
expired or the prosecuting agency has declined to file charges;
6. The person was under eighteen (18) years of age at the time
the offense was committed and the person has received a full pardon
for the offense;
7. The person was charged with one or more misdemeanor or felony
crimes, all charges have been dismissed, the person has never been
convicted of a felony, no misdemeanor or felony charges are pending
against the person and the statute of limitations for refiling the
charge or charges has expired or the prosecuting agency confirms that
the charge or charges will not be refiled; provided, however, this
category shall not apply to charges that have been dismissed
following the completion of a deferred judgment or delayed sentence;
8. The person was charged with a misdemeanor, the charge was
dismissed following the successful completion of a deferred judgment
or delayed sentence, the person has never been convicted of a felony,
no misdemeanor or felony charges are pending against the person and
at least one (1) year has passed since the charge was dismissed;
9. The person was charged with a nonviolent felony offense not
listed in Section 571 of Title 57 of the Oklahoma Statutes, the
charge was dismissed following the successful completion of a
deferred judgment or delayed sentence, the person has never been
convicted of a felony, no misdemeanor or felony charges are pending
against the person and at least five (5) years have passed since the
charge was dismissed;
10. The person was convicted of a misdemeanor offense, the
person was sentenced to a fine of less than Five Hundred One Dollars
($501.00) without a term of imprisonment or a suspended sentence, the
fine has been paid or satisfied by time served in lieu of the fine,
0"* "".$! "!.! "47
the person has not been convicted of a felony and no felony or
misdemeanor charges are pending against the person;
11. The person was convicted of a misdemeanor offense, the
person was sentenced to a term of imprisonment, a suspended sentence
or a fine in an amount greater than Five Hundred Dollars ($500.00),
the person has not been convicted of a felony, no felony or
misdemeanor charges are pending against the person and at least five
(5) years have passed since the end of the last misdemeanor sentence;
12. The person was convicted of a nonviolent felony offense not
listed in Section 571 of Title 57 of the Oklahoma Statutes, the
person has not been convicted of any other felony, the person has not
been convicted of a separate misdemeanor in the last seven (7) years,
no felony or misdemeanor charges are pending against the person and
at least five (5) years have passed since the completion of the
sentence for the felony conviction;
13. The person was convicted of not more than two felony
offenses, none of which is a felony offense listed in Section 13.1 of
Title 21 of the Oklahoma Statutes or any offense that would require
the person to register pursuant to the provisions of the Sex
Offenders Registration Act, no felony or misdemeanor charges are
pending against the person, and at least ten (10) years have passed
since the completion of the sentence for the felony conviction;
14. The person has been charged or arrested or is the subject of
an arrest warrant for a crime that was committed by another person
who has appropriated or used the person's name or other
identification without the person's consent or authorization; or
15. The person was convicted of a nonviolent felony offense not
listed in Section 571 of Title 57 of the Oklahoma Statutes which was
subsequently reclassified as a misdemeanor under Oklahoma law, the
person is not currently serving a sentence for a crime in this state
or another state, at least thirty (30) days have passed since the
completion or commutation of the sentence for the crime that was
reclassified as a misdemeanor, any restitution ordered by the court
to be paid by the person has been satisfied in full, and any
treatment program ordered by the court has been successfully
completed by the person, including any person who failed a treatment
program which resulted in an accelerated or revoked sentence that has
since been successfully completed by the person or the person can
show successful completion of a treatment program at a later date.
Persons seeking an expungement of records under the provisions of
this paragraph may utilize the expungement forms provided in Section
2 of this act.
B. For purposes of Section 18 et seq. of this title,
"expungement" shall mean the sealing of criminal records, as well as
any public civil record, involving actions brought by and against the
State of Oklahoma arising from the same arrest, transaction or
occurrence.
0"* "".$! "!.! "48
C. For purposes of seeking an expungement under the provisions
of paragraph 10, 11, 12 or 13 of subsection A of this section,
offenses arising out of the same transaction or occurrence shall be
treated as one conviction and offense.
D. Records expunged pursuant to paragraphs 4, 8, 9, 10, 11, 12,
13, 14 and 15 of subsection A of this section shall be sealed to the
public but not to law enforcement agencies for law enforcement
purposes. Records expunged pursuant to paragraphs 8, 9, 10, 11, 12
and 13 of subsection A of this section shall be admissible in any
subsequent criminal prosecution to prove the existence of a prior
conviction or prior deferred judgment without the necessity of a
court order requesting the unsealing of the records. Records
expunged pursuant to paragraph 4, 6, 12 or 13 of subsection A of this
section may also include the sealing of Pardon and Parole Board
records related to an application for a pardon. Such records shall
be sealed to the public but not to the Pardon and Parole Board.
Added by Laws 1987, c. 87, § 1, emerg. eff. May 14, 1987. Amended by
Laws 1992, c. 151, § 1, eff. Sept. 1, 1992; Laws 1997, c. 397, § 1,
emerg. eff. June 10, 1997; Laws 2000, c. 382, § 9, eff. July 1, 2000;
Laws 2002, c. 475, § 1; Laws 2003, c. 3, § 17, emerg. eff. March 19,
2003; Laws 2004, c. 272, § 1, eff. Nov. 1, 2004; Laws 2004, c. 406, §
1, eff. July 1, 2004; Laws 2008, c. 46, § 1, eff. Nov. 1, 2008; Laws
2009, c. 2, § 7, emerg. eff. March 12, 2009; Laws 2012, c. 183, § 2,
eff. Nov. 1, 2012; Laws 2014, c. 374, § 1, eff. Nov. 1, 2014; Laws
2015, c. 397, § 2, eff. Nov. 1, 2015; Laws 2016, c. 348, § 1, eff.
Nov. 1, 2016; Laws 2018, c. 127, § 1, eff. Nov. 1, 2018; Laws 2019,
c. 379, § 1, eff. Nov. 1, 2019; Laws 2019, c. 459, § 1, eff. Nov. 1,
2019.
NOTE: Laws 2002, c. 460, § 14 repealed by Laws 2003, c. 3, § 18,
emerg. eff. March 19, 2003. Laws 2008, c. 75, § 1 repealed by Laws
2009, c. 2, § 8, emerg. eff. March 12, 2009.
§22-18a. Petition to Expunge Records and Order to Expunge Records.
The following statutory forms of Petition to Expunge Records
Pursuant to Title 22 O.S. Sections 18 and 19 and Order to Expunge
Records Pursuant to Title 22 O.S. Sections 18 and 19, as authorized
by Section 1 of this act, may be utilized for persons seeking an
expungement of records under the provisions of paragraph 15 of
subsection A of Section 18 of Title 22 of the Oklahoma Statutes:
IN THE DISTRICT COURT OF _________________ ___ COUNTY
STATE OF OKLAHOMA
______________________________, )
)
Petitioner, )
)
)
)
0"* "".$! "!.! "49
vs. ) Case No. ________________
)
_____________________________ )
)
)
)
THE STATE OF OKLAHOMA, )
)
)
)
Respondent. )
PETITION TO EXPUNGE RECORDS
PURSUANT TO TITLE 22 O.S. SECTIONS 18 AND 19
COMES NOW, the Petitioner and respectfully moves this Court to
expunge the criminal history records of the Petitioner pursuant to
paragraph 15 of subsection A of Section 18 and Section 19 of Title 22
of the Oklahoma Statutes.
PETITIONER INFORMATION:
_________________________________________________________________
(Last name) (First name) (Middle name)
_________________________________________________________________
(Address)
_________________________________________________________________
(Phone Number)
__________________________ ________________________
(Date of Birth) (Social Security Number)
CRIMINAL CASE INFORMATION:
Name and Address of Arresting Agency: Date of Arrest:
____________________________________ _____________________
____________________________________
____________________________________
Name and Address of Other Agency:
(List any state or local government agency that has a record of your
case.)
____________________________________ _______________________
____________________________________ _______________________
____________________________________ _______________________
Case Number to be Expunged: _____________________________________
Charge to be Expunged: __________________________________________
* Information on your criminal case may be found at www.oscn.net.
I, the above-named Petitioner, hereby petition this Court for an
expungement of criminal records pursuant to paragraph 15 of
subsection A of Section 18 of Title 22 of the Oklahoma Statutes and
certify as follows:
1. In this court of the county named above, I was charged and
convicted of a nonviolent felony offense not listed in Section 571 of
Title 57 of the Oklahoma Statutes;
0"* "".$! "!.! "4+:
2. That the nonviolent felony offense I was charged and
convicted of has been reclassified as a misdemeanor offense under
Oklahoma law;
3. That I am not currently serving a sentence for a crime in
this state or another state;
4. At least thirty (30) days have passed since either the
completion of my sentence or the commutation of my sentence for the
crime that was reclassified as a misdemeanor;
5. That all restitution (if any) ordered by the court to be paid
by me in this case has been satisfied in full;
6. That I have successfully completed any and all treatment
program(s) ordered by the court, successfully completed an
accelerated or revoked sentence or successfully completed a treatment
program at a later date; and
7. That the harm to the Petitioner's privacy or danger of
unwarranted adverse consequences outweighs the public's interest in
retaining said records.
I declare under penalty of perjury that the statements made
herein are true and correct to the best of my knowledge, information
and belief.
___________________ ______________________________
Date Signature of Petitioner
Name (Print): ________________
IN THE DISTRICT COURT OF _____________________________ COUNTY
STATE OF OKLAHOMA
_______________________________, )
)
Petitioner, )
)
)
)
vs. ) Case No. ________________
)
_____________________________ )
)
)
)
THE STATE OF OKLAHOMA, )
)
)
)
Respondent. )
ORDER TO EXPUNGE RECORDS
PURSUANT TO TITLE 22 O.S. SECTIONS 18 AND 19
NOW on this ___________ day of ________________________________,
20______, after consideration of the Petition to Expunge Records
0"* "".$! "!.! "4+
Pursuant to Title 22 O.S. Sections 18 and 19, presented by
___________________________________, it is so ORDERED that:
[ ] The Petition is hereby GRANTED. The Petitioner qualifies for
an expungement of records pursuant to paragraph 15 of
subsection A of Section 18 of Title 22 of the Oklahoma
Statutes. The Court finds that the harm to the Petitioner's
privacy or danger of unwarranted adverse consequences
outweighs the public's interest in retaining said records.
The Court further finds that the law enforcement agencies
listed in the Petition to Expunge Records shall seal all of
the court, arrest and criminal history records of the
Petitioner pursuant to the provisions of Section 19 of Title
22 of the Oklahoma Statutes. Upon the entry of this order to
seal the records, or any part thereof, the subject official
actions shall be deemed never to have occurred, and the
person in interest and all criminal justice agencies may
properly reply, upon any inquiry in the matter, that no such
action ever occurred and that no such record exists with
respect to such person. Inspection of the records included
in the order may thereafter be permitted by the court only
upon petition by the person in interest who is the subject of
such records, the Attorney General, or by the district
attorney and only to those persons and for such purposes
named in such petition. Employers, educational institutions,
state and local government agencies, officials, and employees
shall not, in any application or interview or otherwise,
require an applicant to disclose any information contained in
sealed records. An applicant need not, in answer to any
question concerning arrest and criminal records, provide
information that has been sealed, including any reference to
or information concerning such sealed information, and may
state that no such action has ever occurred. Such an
application may not be denied solely because of the
applicant's refusal to disclose arrest and criminal records
information that has been sealed.
[ ] The Petition is hereby DENIED.
IT IS SO ORDERED.
JUDGE OF THE DISTRICT COURT
____________________________
Added by Laws 2019, c. 459, § 2, eff. Nov. 1, 2019.
§22-19. Sealing and unsealing of records - Procedure.
A. Any person qualified under Section 18 of this title may
petition the district court of the district in which the arrest
information pertaining to the person is located for the sealing of
all or any part of the record, except basic identification
information.
0"* "".$! "!.! "4+
B. Upon the filing of a petition or entering of a court order,
the court shall set a date for a hearing and shall provide thirty
(30) days of notice of the hearing to the prosecuting agency, the
arresting agency, the Oklahoma State Bureau of Investigation, and any
other person or agency whom the court has reason to believe may have
relevant information related to the sealing of such record.
C. Upon a finding that the harm to privacy of the person in
interest or dangers of unwarranted adverse consequences outweigh the
public interest in retaining the records, the court may order such
records, or any part thereof except basic identification information,
to be sealed. If the court finds that neither sealing of the records
nor maintaining of the records unsealed by the agency would serve the
ends of justice, the court may enter an appropriate order limiting
access to such records.
Any order entered under this subsection shall specify those
agencies to which such order shall apply. Any order entered pursuant
to this subsection may be appealed by the petitioner, the prosecuting
agency, the arresting agency, or the Oklahoma State Bureau of
Investigation to the Oklahoma Supreme Court in accordance with the
rules of the Oklahoma Supreme Court. In all such appeals, the
Oklahoma State Bureau of Investigation is a necessary party and must
be given notice of the appellate proceedings.
D. Upon the entry of an order to seal the records, or any part
thereof, the subject official actions shall be deemed never to have
occurred, and the person in interest and all criminal justice
agencies may properly reply, upon any inquiry in the matter, that no
such action ever occurred and that no such record exists with respect
to such person.
E. Inspection of the records included in the order may
thereafter be permitted by the court only upon petition by the person
in interest who is the subject of such records, the Attorney General,
or by the prosecuting agency and only to those persons and for such
purposes named in such petition.
F. Employers, educational institutions, state and local
government agencies, officials, and employees shall not, in any
application or interview or otherwise, require an applicant to
disclose any information contained in sealed records. An applicant
need not, in answer to any question concerning arrest and criminal
records, provide information that has been sealed, including any
reference to or information concerning such sealed information and
may state that no such action has ever occurred. Such an application
may not be denied solely because of the refusal of the applicant to
disclose arrest and criminal records information that has been
sealed.
G. All arrest and criminal records information existing prior to
the effective date of this section, except basic identification
0"* "".$! "!.! "4++
information, is also subject to sealing in accordance with subsection
C of this section.
H. Nothing in this section shall be construed to authorize the
physical destruction of any criminal justice records.
I. For the purposes of this section, sealed materials which are
recorded in the same document as unsealed material may be recorded in
a separate document, and sealed, then obliterated in the original
document.
J. For the purposes of this section, district court index
reference of sealed material shall be destroyed, removed or
obliterated.
K. Any record ordered to be sealed pursuant to this section, if
not unsealed within ten (10) years of the expungement order, may be
obliterated or destroyed at the end of the ten-year period.
L. Subsequent to records being sealed as provided herein, the
prosecuting agency, the arresting agency, the Oklahoma State Bureau
of Investigation, or other interested person or agency may petition
the court for an order unsealing said records. Upon filing of a
petition the court shall set a date for hearing, which hearing may be
closed at the discretion of the court, and shall provide thirty (30)
days of notice to all interested parties. If, upon hearing, the
court determines there has been a change of conditions or that there
is a compelling reason to unseal the records, the court may order all
or a portion of the records unsealed.
M. Nothing herein shall prohibit the introduction of evidence
regarding actions sealed pursuant to the provisions of this section
at any hearing or trial for purposes of impeaching the credibility of
a witness or as evidence of character testimony pursuant to Section
2608 of Title 12 of the Oklahoma Statutes.
N. If a person qualifies for an expungement under the provisions
of paragraph 3 of subsection A of Section 18 of this title and said
petition for expungement is granted by the court, the court shall
order the reimbursement of all filing fees and court costs incurred
by the petitioner as a result of filing the expungement request.
Added by Laws 1987, c. 87, § 2, emerg. eff. May 14, 1987. Amended by
Laws 1999, c. 234, § 1, eff. Nov. 1, 1999; Laws 2002, c. 475, § 2;
Laws 2015, c. 178, § 1, eff. Nov. 1, 2015; Laws 2016, c. 348, § 2,
eff. Nov. 1, 2016.
§22-19a. Arrest or charge as result of identity theft - Expungement
on motion of court, district attorney or defendant.
Notwithstanding any provision of Section 18 or 19 of Title 22 of
the Oklahoma Statutes, when a charge is dismissed because the court
finds that the defendant has been arrested or charged as a result of
the defendant’s name or other identification having been appropriated
or used without the defendant’s consent or authorization by another
person, the court dismissing the charge may, upon motion of the
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district attorney or the defendant or upon the court’s own motion,
enter an order for expungement of law enforcement and court records
relating to the charge. The order shall contain a statement that the
dismissal and expungement are ordered pursuant to this section. An
order entered pursuant to this section shall be subject to the
provisions of subsections D through M of Section 19 of Title 22 of
the Oklahoma Statutes.
Added by Laws 2004, c. 406, § 2, eff. July 1, 2004.
§22-19b. Oklahoma Identity Theft Passport Program.
A. For purposes of protecting persons who are the victims of
identity theft, there is hereby created the “Oklahoma Identity Theft
Passport Program”. The Oklahoma State Bureau of Investigation (OSBI)
shall administer the Oklahoma Identity Theft Passport Program,
prescribe procedures and policies for issuing the identity theft
passport consistent with this act, and provide information to law
enforcement agencies explaining the program.
B. A person shall be eligible for an Oklahoma identity theft
passport if:
1. The person has obtained:
a. an order for expungement and sealing of records
pursuant to Sections 18 and 19 of Title 22 of the
Oklahoma Statutes on grounds that the person has been
charged or arrested or is the subject of an arrest
warrant for a crime that was committed by another
person who has appropriated or used the person’s name
or other identification without the person’s consent or
authorization, or
b. an order for expungement and sealing of records
pursuant to Section 2 of this act from a court that
dismissed a charge against the person on such grounds;
or
2. The person has filed an identity theft report with a federal,
state, or local law enforcement agency and has submitted a copy of
the identity theft report and an identity theft affidavit with
supporting documentation to one or more consumer reporting agencies.
For purposes of this act, “identity theft report”, “identity theft
affidavit”, and “consumer reporting agency” shall be defined as
provided in The Fair Credit Report Act, 15 United States Code,
Section 1681 et seq.
C. To apply for an identity theft passport the person shall
submit to the OSBI a certified copy of a court order for expungement
and sealing of records or copies of an identity theft report and
identity theft affidavit that have been filed and submitted to a
consumer reporting agency. The OSBI may prescribe other application
requirements as deemed necessary.
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D. The OSBI shall issue the identity theft passport unless the
OSBI finds reasonable cause not to issue the identity theft passport.
The identity theft passport shall state whether the identity theft
passport is issued on the basis of an order for expungement or an
identity theft report and affidavit having been submitted to the
OSBI.
E. Upon issuance of an identity theft passport, the OSBI shall
notify the Department of Public Safety. The identity theft passport
shall be attached to any records maintained by the OSBI or the
Department of Public Safety, including criminal history records for
purposes of criminal background checks and law enforcement
telecommunications checks. The record of an identity theft passport
shall be sealed except to law enforcement authorities.
F. The OSBI shall maintain records of identity theft passport
requests and issuances and may provide such information to law
enforcement agencies upon request of an agency or officer. Such
records in the possession of the OSBI or other law enforcement
agencies and officers shall not be public records and shall not be
subject to the Oklahoma Open Records Act.
G. The OSBI may prescribe a reasonable fee for processing
applications for identify theft passports by administrative rule.
H. The OSBI shall design the identity theft passport, which may
include picture identification.
I. An identity theft passport shall be used only for law
enforcement purposes, including criminal background checks and
similar public safety purposes. Financial institutions and other
private entities are not required to honor an identity theft passport
as proof of identity or proof of identity theft.
Added by Laws 2004, c. 406, § 3, eff. July 1, 2004.
§22-19c. Arrest or charge as result of human trafficking –
Expungement on motion of court or defendant.
The court, upon its own motion or upon petition by the defendant
and for good cause shown, may enter an order for expungement of law
enforcement and court records relating to a charge or conviction for
a prostitution-related offense committed as a result of the defendant
having been a victim of human trafficking. The order shall contain a
statement that the expungement is ordered pursuant to this section.
An order entered pursuant to this section shall be subject to the
notice requirements and provisions of subsections B through M of
Section 19 of Title 22 of the Oklahoma Statutes. Records expunged
pursuant to this section shall be sealed to the public but not to law
enforcement agencies for law enforcement purposes.
Added by Laws 2013, c. 57, § 1, eff. Nov. 1, 2013.
§22-20. Incarceration of single custodial parents - Child placement.
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When any person is convicted of an offense against the laws of
this state and is sentenced to imprisonment to be served in a county
jail or a state correctional institution, the judge of the district
court shall inquire whether such person is a single custodial parent
of any minor child. If such person is a single custodial parent, the
judge shall inquire into the arrangements that have been made for the
care and custody of the child during the period of incarceration of
the custodial parent. If the judge finds that no arrangements have
been made or such arrangements pose a safety threat to the child, the
court shall make a referral to the Department of Human Services by
contacting the statewide child abuse and neglect hotline and shall
complete a form, which shall be provided by the Department and
approved by the Administrative Director of the Courts, indicating
that the defendant has been sentenced to incarceration and that the
defendant has sole custody of a minor child or children and has not
made appropriate arrangements for the care of the child or children
during the period of incarceration.
Added by Laws 1994, c. 215, § 1, eff. Sept. 1, 1994. Amended by Laws
2009, c. 234, § 126, emerg. eff. May 21, 2009; Laws 2010, c. 278, §
19, eff. Nov. 1, 2010.
§22-21. Eyewitness identification procedures.
As used in this section:
1. "Blind administration" means the lack of knowledge of the
administrator of an eyewitness identification procedure as to the
identity of the suspect;
2. "Blinded administration" means the administrator of an
eyewitness identification procedure may know the identity of the
suspect but not the position in which the suspect is placed in the
photo array when it is viewed by the eyewitness;
3. "Eyewitness" means a person who observed another person at or
near the scene of an offense;
4. "Filler" means either a person or a photograph of a person
included in an identification procedure who is not suspected of the
offense in question;
5. "Folder shuffle method" means a blinded procedure in which:
a. the suspect photo and filler photos are each placed in
separate folders for a total of six photographs and
then shuffled,
b. four blank folders are placed behind the six folders
that contain photographs, and
c. each folder is then presented to an eyewitness such
that the administrator cannot see which photos are
being presented to the eyewitness until after the
procedure is completed;
6. "Live lineup" means an eyewitness identification procedure in
which a group of persons, including the suspected perpetrator of an
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offense and other persons who are not suspected of the offense, is
displayed to an eyewitness for the purpose of determining whether the
eyewitness identifies the suspect as the perpetrator;
7. "Photo array" means an identification procedure in which an
array of photographs, including a photograph of the suspected
perpetrator of an offense and additional photographs of other persons
who are not suspected of the offense, is displayed to an eyewitness
either in hard copy form or via electronic means for the purpose of
determining whether the eyewitness identifies the suspect as the
perpetrator; and
8. "Show-up" means an identification procedure in which an
eyewitness is presented with a single suspect in person for the
purpose of determining whether the eyewitness identifies the
individual as the perpetrator.
B. All law enforcement agencies in this state that conduct
eyewitness identification procedures shall adopt a detailed, written
policy that shall include, but not be limited to, the following
requirements:
1. All photo arrays and live lineups shall be conducted using a
blind administrator or a technique of blinded administration, such as
the folder shuffle method;
2. The eyewitness shall be informed before the identification
procedure that the person who committed the offense may or may not be
present in the procedure;
3. Fillers shall be selected who match the description of the
perpetrator provided by the eyewitness and do not make the suspect
noticeably stand out;
4. After the eyewitness makes an identification, the eyewitness
shall be asked to state in his or her own words the level of
certainty in the selection, and the statement shall be documented;
5. A protocol guiding the use of show-ups procedures, including
that show-ups should only be used when a suspect is detained within a
reasonably short time frame following the offense; and
6. A protocol for documenting eyewitness identification
procedures.
Added by Laws 2019, c. 223, § 1, eff. Nov. 1, 2019.
§22-22. Policy requiring electronic recording of custodial
interrogation of homicide or felony sex offense suspects.
A. As used in this section:
1. "Custodial interrogation" means questioning of a person to
whom warnings given pursuant to Miranda v. Arizona, 384 U.S. 436
(1966), are required to be given;
2. "Electronic recording" means audio or audiovisual recording;
provided, an audiovisual recording shall be used when feasible; and
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3. "Place of detention" means a fixed location under the control
of a law enforcement agency of this state where individuals are
questioned about alleged crimes.
B. All law enforcement agencies of this state, in collaboration
with the county or district attorney in the appropriate jurisdiction,
shall adopt a detailed written policy requiring electronic recording
of a custodial interrogation of an individual suspected of homicide
or a felony sex offense that is conducted at a place of detention. A
policy adopted pursuant to this section shall be made available to
all officers of the law enforcement agency and shall be available for
public inspection during normal business hours. A policy adopted
pursuant to this section shall include the following:
1. A requirement that an electronic recording shall be made of
an entire custodial interrogation of an individual suspected of
homicide or a felony sex offense that is conducted at a place of
detention;
2. A requirement that if the defendant elects to make or sign a
written statement during the course of a custodial interrogation
concerning a homicide or a felony sex offense, the making and signing
of the statement shall be electronically recorded;
3. Requirements pertaining to the retention and storage of the
electronic recording; and
4. A statement of exceptions to the requirement for
electronically recording custodial interrogations under this section,
including, but not limited to:
a. an equipment malfunction preventing electronic
recording of the interrogation in its entirety, and
replacement equipment is not immediately available,
b. the officer, in good faith, fails to record the
interrogation because the officer inadvertently fails
to operate the recording equipment properly, or without
the officer's knowledge the recording equipment
malfunctions or stops recording,
c. the suspect affirmatively asserts the desire to speak
with officers without being recorded,
d. multiple interrogations are taking place
simultaneously, exceeding the available electronic
recording capacity,
e. the statement is made spontaneously and not in response
to an interrogation question,
f. the statement is made during questioning that is
routinely asked during the processing of an arrest of a
suspect,
g. the statement is made at a time when the officer is
unaware of the suspect's involvement in an offense
covered by the policy,
h. exigent circumstances make recording impractical,
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i. at the time of the interrogation, the officer, in good
faith, is unaware of the type of offense involved, and
j. the recording is damaged or destroyed, without bad
faith on the part of any person or entity in control of
the recording.
Added by Laws 2019, c. 333, § 1, eff. Nov. 1, 2019.
§22-31. Who may resist.
Lawful resistance to the commission of a public offense may be
made:
1. By the party about to be injured.
2. By other parties.
R.L.1910, § 5556.
§22-32. Resistance by party to be injured.
Resistance sufficient to prevent the offense may be made by the
party about to be injured:
1. To prevent an offense against his person or his family, or
some member thereof.
2. To prevent an illegal attempt, by force, to take or injure
property in his lawful possession.
R.L.1910, § 5557.
§22-33. Resistance by other person.
Any other person, in aid or defense of the person about to be
injured, may make resistance sufficient to prevent the offense.
R.L.1910, § 5558.
§22-34. Intervention by officers.
Public offenses may be prevented by the intervention of the
officers of justice:
1. By requiring security to keep the peace.
2. By forming a police in cities and towns, and by requiring
their attendance in exposed places.
3. By suppressing riots.
R.L.1910, § 5559.
§22-34.1. Peace officers using excessive force - Definition -
Adoption of policies and guidelines.
A. Any peace officer, as defined in Section 648 of Title 21 of
the Oklahoma Statutes, who uses excessive force in pursuance of such
officer's law enforcement duties shall be subject to the criminal
laws of this state to the same degree as any other citizen.
B. As used in this act, "excessive force" means physical force
which exceeds the degree of physical force permitted by law or the
policies and guidelines of the law enforcement entity. The use of
excessive force shall be presumed when a peace officer continues to
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apply physical force in excess of the force permitted by law or said
policies and guidelines to a person who has been rendered incapable
of resisting arrest.
C. Each law enforcement entity which employs any peace officer
shall adopt policies or guidelines concerning the use of force by
peace officers which shall be complied with by peace officers in
carrying out the duties of such officers within the jurisdiction of
the law enforcement entity.
Added by Laws 1992, c. 146, § 1, eff. July 1, 1992.
§22-34.2. Reporting incidents of excessive force - Contents of
report - Failure to report or making materially false statements.
A. Any peace officer, except a newly employed officer during
such officer's probationary period, who, in pursuance of such
officer's law enforcement duties, witnesses another peace officer, in
pursuance of such other peace officer's law enforcement duties in
carrying out an arrest of any person, placing any person under
detention, taking any person into custody, booking any person, or in
the process of crowd control or riot control, use physical force
which exceeds the degree of physical force permitted by law or by the
policies and guidelines of the law enforcement entity, shall report
such use of excessive force to such officer's immediate supervisor.
B. At a minimum, the report required by this section shall
include:
1. The date, time, and place of the occurrence;
2. The identity, if known, and description of the participants;
3. A description of the events and the force used.
C. A copy of an arrest report or other similar report required
as a part of a peace officer's duties can be substituted for the
report required by this section, as long as it includes the
information specified in subsection B of this section. The report
shall be made in writing within ten (10) days of the occurrence of
the use of such force.
D. Any peace officer who fails to report such use of excessive
force in the manner prescribed in this section, or who knowingly
makes a materially false statement which the officer does not believe
to be true in any report made pursuant to this section, upon
conviction, shall be guilty of a misdemeanor.
Added by Laws 1992, c. 146, § 2, eff. July 1, 1992.
§22-34.3. Racial profiling prohibited.
A. For the purposes of this section, "racial profiling" means
the detention, interdiction or other disparate treatment of an
individual solely on the basis of the racial or ethnic status of such
individual.
B. No officer of any municipal, county or state law enforcement
agency shall engage in racial profiling.
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C. The race or ethnicity of an individual shall not be the sole
factor in determining the existence of probable cause to take into
custody or to arrest an individual or in constituting a reasonable
and articulable suspicion that an offense has been or is being
committed so as to justify the detention of an individual or the
investigatory stop of a motor vehicle.
D. A violation of this section shall be a misdemeanor.
E. Every municipal, county, and state law enforcement agency
shall adopt a detailed written policy that clearly defines the
elements constituting racial profiling. Each agency’s policy shall
prohibit racial profiling based solely on an individual’s race or
ethnicity. The policy shall be available for public inspection
during normal business hours.
F. If the investigation of a complaint of racial profiling
reveals the officer was in direct violation of the law enforcement
agency’s written policy regarding racial profiling, the employing law
enforcement agency shall take appropriate action consistent with
applicable laws, rules, ordinances or policy.
Added by Laws 2000, c. 325, § 1, eff. July 1, 2000.
§22-34.4. Stop or arrest resulting from racial profiling.
Whenever a person who is stopped or arrested believes the stop or
arrest was in violation of Section 34.3 of this title, that person
may file a complaint with the Attorney General's Office of Civil
Rights Enforcement and may also file a complaint with the district
attorney for the county in which the stop or arrest occurred. A copy
of the complaint shall be forwarded to the arresting officer's
employer by the Attorney General's Office of Civil Rights
Enforcement. The employer shall investigate the complaint for
purposes of disciplinary action and/or criminal prosecution.
Added by Laws 2000, c. 325, § 2, eff. July 1, 2000. Amended by Laws
2013, c. 214, § 1, emerg. eff. May 7, 2013.
§22-34.5. Attorney General's Office of Civil Rights Enforcement to
establish procedures for filing racial profiling complaint - Annual
report of complaints.
A. The Attorney General's Office of Civil Rights Enforcement
shall promulgate rules establishing procedures for filing a racial
profiling complaint with the Attorney General's Office of Civil
Rights Enforcement and the district attorney and the process for
delivering a copy of the complaint by the Attorney General to the
employing agency. The Attorney General's Office of Civil Rights
Enforcement, in consultation with the Governor's Cabinet Secretary
for Safety and Security, shall promulgate forms for complaints of
racial profiling.
B. The Attorney General shall compile an annual report of all
complaints received for racial profiling and submit the report on or
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before January 31 of each year to the Governor, the President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives; provided, the names of the complainants shall be
redacted and shall not be forwarded with the report.
Added by Laws 2000, c. 325, § 3, eff. July 1, 2000. Amended by Laws
2013, c. 214, § 2, emerg. eff. May 7, 2013; Laws 2017, c. 306, § 1,
eff. Nov. 1, 2017.
§22-35. Persons assisting officers.
When the officers of justice are authorized to act in the
prevention of public offenses, other persons, who, by their command,
act in their aid, are justified in so doing.
R.L.1910, § 5560.
§22-36. Civil and criminal immunity for private citizens aiding
police officers - Federal law enforcement officers.
Private citizens aiding a peace officer, or other officers of the
law in the performance of their duties as peace officers or officers
of the law, shall have the same civil and criminal immunity as a
peace officer, as a result of any act or commission for aiding or
attempting to aid a peace officer or other officer of the law, when
such officer is in imminent danger of loss of life or grave bodily
injury or when such officer requests such assistance and when such
action was taken under emergency conditions and in good faith.
Every federal law enforcement officer, as defined in Section 99
of Title 21 of the Oklahoma Statutes, while engaged in the
performance of official duties as a federal law enforcement officer
or when serving as a peace officer for the State of Oklahoma shall
have the same immunity from civil and criminal actions as any other
peace officer performing official duties within this state. The
State of Oklahoma or any of its political subdivisions shall not
assume the liability for or provide the legal representation for any
federal law enforcement officer serving as peace officers of the
State of Oklahoma.
Added by Laws 1968, c. 362, § 1, emerg. eff. May 9, 1968. Amended by
Laws 1995, c. 240, § 4, emerg. eff. May 24, 1995; Laws 1997, c. 43, §
4, emerg. eff. April 7, 1997.
§22-36.1. Police dog handlers - Civil liability.
Any dog handler as defined by Section 648 of Title 21 of the
Oklahoma Statutes who uses a police dog in the line of duty in
accordance with the policies or standards established by the law
enforcement agency for which he is employed shall not be civilly
liable for any damages arising from the use of said dog, except as
provided for in the Governmental Tort Claims Act.
Added by Laws 1986, c. 54, § 4, eff. July 1, 1986.
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§22-36.2. National Park Service rangers - Arrest authority and
immunity from suit.
A National Park Service ranger who, in the official capacity as
park ranger, is authorized by law to make arrests shall, when making
an arrest in this state for a nonfederal offense, have the same legal
status and immunity from suit as a state or local law enforcement
officer if the arrest is made under the following circumstances:
1. The Park Service ranger reasonably believes that the person
arrested has committed a felony in the presence of the ranger or is
committing a felony in the presence of the ranger;
2. The Park Service ranger reasonably believes the person
arrested has committed a misdemeanor that amounts to a breach of the
peace in the presence of the ranger or is committing a misdemeanor
that amounts to a breach of the peace in the presence of the ranger;
or
3. The Park Service ranger is rendering assistance to a law
enforcement officer of this state in an emergency or at the request
of such officer or pursuant to a memorandum of understanding between
the state or a political subdivision of the state and the United
States Department of the Interior National Park Service.
Added by Laws 1996, c. 41, § 1, emerg. eff. April 8, 1996.
§22-37. Distinctive uniforms for police officers - Exceptions.
The governing bodies of the state, county, city or town, as the
case may be, may furnish distinctive uniforms for all sheriffs,
deputy sheriffs, policemen, town marshals, peace officers and other
officers, whose duty is to preserve and enforce public peace. When
uniforms are furnished the sheriffs, deputy sheriffs, policemen, town
marshals, peace officers, as the case might be, they are required to
wear the same while on duty. This act shall not apply to detectives
and other officers required to wear street apparel.
Laws 1969, c. 188, § 1, emerg. eff. April 17, 1969.
§22-37.1. Off-duty law enforcement officers - Powers and duties-
Liability.
An "off-duty" law enforcement officer in official uniform in
attendance at a public function, event or assemblage of people shall
have the same powers and obligations as when he is "on-duty".
Nothing herein shall impose liability upon the governmental
entity, by whom the law enforcement officer is employed, for actions
of the said officer in the course of his employment by a
nongovernmental entity.
Laws 1980, c. 279, § 1, emerg. eff. June 13, 1980.
§22-38. Representation of law enforcement officers by district
attorney in civil actions resulting from riot activity.
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A law enforcement officer who has no criminal action taken,
pending or contemplated against him for the identical acts as
hereinafter set forth shall be entitled to representation by the
district attorney of his district or where the action is filed in a
civil action brought against him for actions alleged to have been
wrongfully committed by him while performing his official duty of
endeavoring to quell a riot or to control civil disorder, whether or
not a state of emergency was declared by the Governor at the time.
Representation of a law enforcement officer against whom a civil
action is instituted on account of alleged wrongful acts by the
officer while performing riot quelling or civil disorder controlling
functions shall not authorize a district attorney to receive other
compensation for legal services than the salary provided by law for
his office.
Laws 1970, c. 291, § 1, emerg. eff. April 28, 1970.
§22-39. Benefits for citizens who aid.
Any citizen who shall be aiding in the maintaining of law and
order shall likewise be entitled to the benefits of this act.
Laws 1970, c. 291, § 2, emerg. eff. April 28, 1970.
§22-40. Definitions.
As used in Sections 40 through 40.3 of this title:
1. "Assault and battery with a deadly weapon" means assault and
battery with a deadly weapon or other means likely to produce death
or great bodily harm as provided in Section 652 of Title 21 of the
Oklahoma Statutes;
2. "Forcible sodomy" means the act of forcing another person to
engage in the detestable and abominable crime against nature pursuant
to Sections 886 and 887 of Title 21 of the Oklahoma Statutes that is
punishable under Section 888 of Title 21 of the Oklahoma Statutes;
3. "Kidnapping" means kidnapping or kidnapping for purposes of
extortion as provided in Sections 741 and 745 of Title 21 of the
Oklahoma Statutes;
4. "Member of the immediate family" means the spouse, a child by
birth or adoption, a stepchild, a parent by birth or adoption, a
stepparent, a grandparent, a grandchild, a sibling or a stepsibling
of a victim of first-degree murder;
5. "Rape" means an act of sexual intercourse accomplished with a
person pursuant to Sections 1111, 1111.1 and 1114 of Title 21 of the
Oklahoma Statutes; and
6. "Sex offense" means the following crimes:
a. sexual assault as provided in Section 681 of Title 21
of the Oklahoma Statutes,
b. human trafficking for commercial sex as provided in
Section 748 of Title 21 of the Oklahoma Statutes,
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c. sexual abuse or sexual exploitation by a caretaker as
provided in Section 843.1 of Title 21 of the Oklahoma
Statutes,
d. child sexual abuse or child sexual exploitation as
provided in Section 843.5 of Title 21 of the Oklahoma
Statutes,
e. permitting sexual abuse of a child as provided in
Section 852.1 of Title 21 of the Oklahoma Statutes,
f. incest as provided in Section 885 of Title 21 of the
Oklahoma Statutes,
g. forcible sodomy as provided in Section 888 of Title 21
of the Oklahoma Statutes,
h. child stealing for purposes of sexual abuse or sexual
exploitation as provided in Section 891 of Title 21 of
the Oklahoma Statutes,
i. indecent exposure or solicitation of minors as provided
in Section 1021 of Title 21 of the Oklahoma Statutes,
j. procuring, producing, distributing or possessing child
pornography as provided in Sections 1021.2 and 1024.2
of Title 21 of the Oklahoma Statutes,
k. parental consent to child pornography as provided in
Section 1021.3 of Title 21 of the Oklahoma Statutes,
l. aggravated possession of child pornography as provided
in Section 1040.12a of Title 21 of the Oklahoma
Statutes,
m. distributing obscene material or child pornography as
provided in Section 1040.13 of Title 21 of the Oklahoma
Statutes,
n. offering or soliciting sexual conduct with a child as
provided in Section 1040.13a of Title 21 of the
Oklahoma Statutes,
o. procuring a child for prostitution or other lewd acts
as provided in Section 1087 of Title 21 of the Oklahoma
Statutes,
p. inducing a child to engage in prostitution as provided
in Section 1088 of Title 21 of the Oklahoma Statutes,
and
q. lewd or indecent proposals or acts to a child or sexual
battery as provided in Section 1123 of Title 21 of the
Oklahoma Statutes.
Added by Laws 1982, c. 220, § 1. Amended by Laws 1991, c. 112, § 1,
eff. Sept. 1, 1991; Laws 2000, c. 370, § 1, eff. July 1, 2000; Laws
2002, c. 466, § 1, emerg. eff. June 5, 2002; Laws 2015, c. 206, § 2,
eff. Nov. 1, 2015; Laws 2016, c. 183, § 2, eff. Nov. 1, 2016.
§22-40.1. Repealed by Laws 2010, c. 135, § 16, eff. Nov. 1, 2010.
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§22-40.2. Victim protection order - Victims not to be discouraged
from pressing charges.
A. A victim protection order for any victim of rape, forcible
sodomy, a sex offense, kidnapping or assault and battery with a
deadly weapon shall be substantially similar to a protective order in
domestic abuse cases pursuant to the Protection from Domestic Abuse
Act.
B. A member of the immediate family of a victim of first-degree
murder may seek a victim protection order against the following
persons:
1. The person who was charged and subsequently convicted as the
principal in the crime of murder in the first degree; or
2. The person who was charged and subsequently convicted of
being an accessory to the crime of murder in the first degree.
A victim protection order for a member of the immediate family of a
victim of first-degree murder shall be substantially similar to a
protective order in domestic abuse cases pursuant to the Protection
from Domestic Abuse Act.
C. No peace officer shall discourage a victim of rape, forcible
sodomy, a sex offense, kidnapping or assault and battery with a
deadly weapon from pressing charges against any assailant of the
victim.
Added by Laws 1982, c. 220, § 3. Amended by Laws 1993, c. 325, § 13,
eff. Sept. 1, 1993; Laws 2002, c. 466, § 3, emerg. eff. June 5, 2002;
Laws 2015, c. 206, § 3, eff. Nov. 1, 2015; Laws 2016, c. 183, § 3,
eff. Nov. 1, 2016.
§22-40.3. Emergency temporary order of protection.
A. When the court is not open for business, the victim of
domestic violence, stalking, harassment, rape, forcible sodomy, a sex
offense, kidnapping or assault and battery with a deadly weapon or
member of the immediate family of a victim of first-degree murder may
request a petition for an emergency temporary order of protection.
The peace officer making the preliminary investigation shall:
1. Provide the victim or member of the immediate family of a
victim of first-degree murder with a petition for an emergency
temporary order of protection and, if necessary, assist the victim or
member of the immediate family of a victim of first-degree murder in
completing the petition form. The petition shall be in substantially
the same form as provided by Section 60.2 of this title for a
petition for protective order in domestic abuse cases;
2. Immediately notify, by telephone or otherwise, a judge of the
district court of the request for an emergency temporary order of
protection and describe the circumstances. The judge shall inform
the peace officer of the decision to approve or disapprove the
emergency temporary order;
0"* "".$! "!.! "4-7
3. Inform the victim or member of the immediate family of a
victim of first-degree murder whether the judge has approved or
disapproved the emergency temporary order. If an emergency temporary
order has been approved, the officer shall provide the victim, or a
responsible adult if the victim is a minor child or an incompetent
person or member of the immediate family of a victim of first-degree
murder, with a copy of the petition and a written statement signed by
the officer attesting that the judge has approved the emergency
temporary order of protection; and
4. Notify the person subject to the emergency temporary
protection order of the issuance and conditions of the order, if
known. Notification pursuant to this paragraph may be made
personally by the officer upon arrest or, upon identification of the
assailant, notice shall be given by any law enforcement officer. A
copy of the petition and the statement of the officer attesting to
the order of the judge shall be made available to the person.
B. The forms utilized by law enforcement agencies in carrying
out the provisions of this section may be substantially similar to
those used under Section 60.2 of this title.
Added by Laws 1982, c. 220, § 4. Amended by Laws 1986, c. 197, § 5,
eff. Nov. 1, 1986; Laws 1993, c. 325, § 14, eff. Sept. 1, 1993; Laws
1997, c. 368, § 1, eff. Nov. 1, 1997; Laws 2000, c. 370, § 3, eff.
July 1, 2000; Laws 2002, c. 466, § 4, emerg. eff. June 5, 2002; Laws
2010, c. 116, § 1, eff. Nov. 1, 2010; Laws 2015, c. 206, § 4, eff.
Nov. 1, 2015; Laws 2016, c. 183, § 4, eff. Nov. 1, 2016.
§22-40.3A. Reporting of rape, sodomy, or sexual assault incidents –
Referral of victim to services programs – Production of records to
law enforcement officers.
A. Any physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
examining, attending, or treating the victim of what appears to be or
is reported by the victim to be rape, rape by instrumentation or
forcible sodomy, as defined in Section 1111, 1111.1 or 888 of Title
21 of the Oklahoma Statutes or any form of sexual assault, shall not
be required to report any incident of what appears to be or is
reported to be such crimes if:
1. Committed upon a person who is over the age of eighteen (18)
years; and
2. The person is not an incapacitated adult.
B. Any physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
examining, attending, or treating a victim shall be required to
report any incident of what appears to be or is reported to be rape,
rape by instrumentation, forcible sodomy or any form of sexual
assault, if requested to do so either orally or in writing by the
victim and shall be required to inform the victim of the victim's
0"* "".$! "!.! "4-8
right to have a report made. A requested report of any incident
shall be promptly made orally or by telephone to the nearest law
enforcement agency in the county wherein the sexual assault occurred
or, if the location where the sexual assault occurred is unknown, the
report shall be made to the law enforcement agency nearest to the
location where the injury is treated.
C. In all cases of what appears to be or is reported to be rape,
rape by instrumentation, forcible sodomy or any form of sexual
assault, the physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
examining, attending, or treating the victim of what appears to be
such crimes, shall clearly and legibly document the incident and
injuries observed and reported, as well as any treatment provided or
prescribed.
D. In all cases of what appears to be or is reported to be rape,
rape by instrumentation, forcible sodomy or any form of sexual
assault, the physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
examining, attending, or treating the victim of what appears to be
rape, rape by instrumentation, forcible sodomy or any form of sexual
assault, shall refer the victim to sexual assault and victim services
programs, including providing the victim with twenty-four-hour
statewide telephone communication service established by Section 18p-
5 of Title 74 of the Oklahoma Statutes.
E. Every physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
making a report of rape, rape by instrumentation, forcible sodomy or
any form of sexual assault pursuant to this section or examining such
victims to determine the likelihood of such crimes, and every
hospital or related institution in which the victims were examined or
treated shall, upon the request of a law enforcement officer
conducting a criminal investigation into the case, provide to the
officer copies of the results of the examination or copies of the
examination on which the report was based, and any other clinical
notes, X-rays, photographs, and other previous or current records
relevant to the case.
Added by Laws 2009, c. 71, § 2, eff. Nov. 1, 2009. Amended by Laws
2009, c. 233, § 109, emerg. eff. May 21, 2009.
§22-40.5. Short Title.
Sections 2 through 4 of this act shall be known and may be cited
as the "Domestic Abuse Reporting Act".
Added by Laws 1986, c. 197, § 2, eff. Nov. 1, 1986.
§22-40.6. Record of reported incidents of domestic abuse - Reports.
A. It shall be the duty of every law enforcement agency to keep
a record of each reported incident of domestic abuse as provided in
0"* "".$! "!.! "4-9
subsection B of this section and to submit a monthly report of such
incidents as provided in subsection C of this section to the Director
of the Oklahoma State Bureau of Investigation.
B. The record of each reported incident of domestic abuse shall:
1. Show the type of crime involved in the domestic abuse;
2. Show the day of the week the incident occurred;
3. Show the time of day the incident occurred; and
4. Contain other information requested by the Oklahoma State
Bureau of Investigation.
C. A monthly report of the recorded incidents of domestic abuse
shall be submitted to the Director of the Oklahoma State Bureau of
Investigation on forms provided by the Oklahoma State Bureau of
Investigation for such purpose and in accordance with the guidelines
established pursuant to Section 150.12B of Title 74 of the Oklahoma
Statutes.
Added by Laws 1986, c. 197, § 3, eff. Nov. 1, 1986. Amended by Laws
2000, c. 370, § 4, eff. July 1, 2000.
§22-40.7. Expert testimony - Admissibility.
In an action in a court of this state, if a party offers evidence
of domestic abuse, testimony of an expert witness including, but not
limited to, the effects of such domestic abuse on the beliefs,
behavior and perception of the person being abused shall be
admissible as evidence.
Added by Laws 1992, c. 145, § 1, eff. Sept. 1, 1992. Amended by Laws
2019, c. 292, § 1, eff. Nov. 1, 2019.
§22-41. Information of threat.
An information, verified by the oath of the complainant, may be
laid before any magistrate, that a person has threatened to commit an
offense against the person or property of another.
R.L.1910, § 5561.
§22-42. Magistrate must issue warrant.
If it appear from the information that there is just reason to
fear the commission of the offenses threatened, by the person
complained of, the magistrate must issue a warrant, directed
generally to the sheriff of the county, or any constable, or marshal,
or policeman of the city or town, reciting the substance of the
information, and commanding the officer forthwith to arrest the
person complained of, and bring him before the magistrate of the
county.
R.L. 1910, Sec. 5562.
§22-43. Proceedings when charge is controverted.
When the person complained of is brought before the magistrate,
if the charge be controverted, the magistrate must take testimony in
0"* "".$! "!.! "42:
relation thereto. The evidence must, on demand of the defendant, be
reduced to writing, and subscribed by the witnesses.
R.L.1910, § 5563. d
§22-44. Discharge, when.
Unless it appear that there is just reason to fear the commission
of the offense alleged to have been threatened, the person complained
of must be discharged.
R.L.1910, § 5564.
§22-45. Bond required, when.
If, however, there be just reason to fear the commission of the
offense the person complained of may be required to enter into an
undertaking in such sum, not exceeding One Thousand Dollars
($1,000.00), as the magistrate may direct, with one or more
sufficient sureties, to abide the order of the next district court of
the county, and in the meantime to keep the peace toward the people
of this state, and particularly toward the complainant.
R.L.1910, § 5565.
§22-46. When bond is or is not given.
If the undertaking required by the last section be given the
party complained of must be discharged. If he do not give it the
magistrate must commit him to prison, specifying in the warrant the
requirement to give security, the amount thereof, and the omission to
give the same.
R.L.1910, § 5566.
§22-47. Discharge on giving bond.
If the person complained of be committed for not giving security
he may be discharged by any justice of the peace of the county, or
police or special justice of the city, upon giving the same.
R.L.1910, § 5567.
§22-48. Undertaking sent to district court.
The undertaking must be transmitted by the magistrate to the next
district court of the county.
R.L.1910, § 5568.
§22-49. Assault or threat in presence of magistrate.
A person who, in the presence of a court or magistrate, assaults
or threatens to assault another, or commit an offense against his
person or property, or who contends with another with angry words,
may be ordered by the court or magistrate to give security, as
provided in Section 5565, or if he refuses to do so, he may be
committed as provided in Section 5566.
R.L.1910, § 5569.
0"* "".$! "!.! "42
§22-50. Person must appear in district court.
A person who has entered into an undertaking to keep the peace
must appear on the first day of the next term of the district court
of the county. If he do not, the court may forfeit his undertaking,
and order it to be prosecuted unless his default be excused.
R.L.1910, § 5570.
§22-51. Discharge when complainant fails to appear.
If the complainant do not appear, the person complained of may be
discharged, unless good cause to the contrary be shown.
R.L.1910, § 5571.
§22-52. Proceedings when parties appear.
If both parties appear, the court may hear their proofs and
allegations, and may either discharge the undertaking or require a
new one for a time not exceeding one (1) year.
R.L.1910, § 5572.
§22-53. Breach of bond, what constitutes.
An undertaking to keep the peace is broken on the failure of a
person complained of to appear at the district court as provided in
Section 5570, or upon his being convicted of a breach of the peace.
R.L.1910, § 5573.
§22-54. Prosecution on breach.
Upon the county attorney producing evidence of such conviction to
the district court to which the undertaking is returned, that court
must order the undertaking to be prosecuted, and the county attorney
must thereupon commence an action upon it in the name of this State.
R.L.1910, § 5574.
§22-55. Allegation and proof.
In the action the offense stated in the record of conviction must
be alleged as the breach of the undertaking, and such record is
conclusive evidence thereof.
R.L.1910, § 5575. d
§22-56. Limitation.
Security to keep the peace or to be of good behavior cannot be
required, except as prescribed in this article.
R.L.1910, § 5576.
§22-57. Costs.
In all cases of security to keep the peace under this chapter,
the court in addition to the orders mentioned in said chapter shall
tax the costs against the complainant or defendant, or both, as
0"* "".$! "!.! "42
justice may require, and enter judgment therefor, which may be
enforced as judgments for costs in criminal cases, and execution may
issue therefor.
R.L.1910, § 5577.
§22-58. Mandatory reporting of domestic abuse - Exceptions.
A. Criminally injurious conduct, as defined by the Oklahoma
Crime Victims Compensation Act, which appears to be or is reported by
the victim to be domestic abuse, as defined in Section 60.1 of this
title, or domestic abuse by strangulation, domestic abuse resulting
in great bodily harm, or domestic abuse in the presence of a child,
as defined in Section 644 of Title 21 of the Oklahoma Statutes, shall
be reported according to the standards for reporting as set forth in
subsection B of this section.
B. Any physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
examining, attending, or treating the victim of what appears to be
domestic abuse or is reported by the victim to be domestic abuse, as
defined in Section 60.1 of this title, or domestic abuse by
strangulation, domestic abuse resulting in great bodily harm, or
domestic abuse in the presence of a child, as defined in Section 644
of Title 21 of the Oklahoma Statutes, shall not be required to report
any incident of what appears to be or is reported to be domestic
abuse, domestic abuse by strangulation, domestic abuse resulting in
great bodily harm, or domestic abuse in the presence of a child if:
1. Committed upon the person of an adult who is over the age of
eighteen (18) years; and
2. The person is not an incapacitated adult.
C. Any physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
examining, attending, or treating a victim shall be required to
report any incident of what appears to be or is reported to be
domestic abuse, domestic abuse by strangulation, domestic abuse
resulting in great bodily harm, or domestic abuse in the presence of
a child, if requested to do so either orally or in writing by the
victim. A report of any incident shall be promptly made orally or by
telephone to the nearest law enforcement agency in the county wherein
the domestic abuse occurred or, if the location where the conduct
occurred is unknown, the report shall be made to the law enforcement
agency nearest to the location where the injury is treated.
D. In all cases of what appears to be or is reported to be
domestic abuse, the physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
examining, attending, or treating the victim of what appears to be
domestic abuse shall clearly and legibly document the incident and
injuries observed and reported, as well as any treatment provided or
prescribed.
0"* "".$! "!.! "42+
E. In all cases of what appears to be or is reported to be
domestic abuse, the physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
examining, attending or treating the victim of what appears to be
domestic abuse shall refer the victim to domestic violence and victim
services programs, including providing the victim with the twenty-
four-hour statewide telephone communication service established by
Section 18p-5 of Title 74 of the Oklahoma Statutes.
F. Every physician, surgeon, resident, intern, physician
assistant, registered nurse, or any other health care professional
making a report of domestic abuse pursuant to this section or
examining a victim of domestic abuse to determine the likelihood of
domestic abuse, and every hospital or related institution in which
the victim of domestic abuse was examined or treated shall, upon the
request of a law enforcement officer conducting a criminal
investigation into the case, provide copies of the results of the
examination or copies of the examination on which the report was
based, and any other clinical notes, x-rays, photographs, and other
previous or current records relevant to the case to the investigating
law enforcement officer.
Added by Laws 2005, c. 53, § 3, eff. Nov. 1, 2005. Amended by Laws
2007, c. 156, § 4, eff. Nov. 1, 2007; Laws 2009, c. 234, § 127,
emerg. eff. May 21, 2009.
§22-59. Immunity from liability – Presumption of good faith.
A. Any physician, surgeon, resident, intern, physician’s
assistant, registered nurse, or any other health care professional
examining, attending, or treating the victim of what appears to be
domestic abuse or is reported by the victim to be domestic abuse,
participating in good faith and exercising due care in the making of
a report pursuant to the provisions of the Domestic Abuse Reporting
Act shall have immunity from any liability, civil or criminal, that
might otherwise be incurred or imposed. Any participant shall have
the same immunity with respect to participation in any judicial
proceeding resulting from the report.
B. No physician, surgeon, resident, intern, physician’s
assistant, registered nurse, or any other health care professional
examining, attending, or treating any victim who is over the age of
eighteen (18) years and is not an incapacitated adult of what appears
to be domestic abuse or is reported by the victim to be domestic
abuse, shall not be required to make a report of the criminally
injurious conduct unless requested by the victim to do so and shall
have immunity from liability, civil or criminal, that might otherwise
be incurred or imposed for not making the report. Any participant
shall have the same immunity with respect to participation in any
judicial proceeding resulting from the report.
0"* "".$! "!.! "42-
C. For purposes of any proceeding, civil or criminal, the good
faith of any physician, surgeon, intern, physician’s assistant,
registered nurse, or any other health care professional in making a
report pursuant to the provisions of Section 3 of this act shall be
presumed.
Added by Laws 2005, c. 53, § 4, eff. Nov. 1, 2005.
§22-60. Short title.
This act shall be known and may be cited as the "Protection from
Domestic Abuse Act".
Added by Laws 1982, c. 255, § 1.
§22-60.1. Definitions.
As used in the Protection from Domestic Abuse Act and in the
Domestic Abuse Reporting Act, Sections 40.5 through 40.7 of this
title and Section 150.12B of Title 74 of the Oklahoma Statutes:
1. "Dating relationship" means intimate association, primarily
characterized by affectionate or sexual involvement. For purposes of
this act, a casual acquaintance or ordinary fraternization between
persons in a business or social context shall not constitute a dating
relationship;
2. "Domestic abuse" means any act of physical harm, or the
threat of imminent physical harm which is committed by an adult,
emancipated minor, or minor child thirteen (13) years of age or older
against another adult, emancipated minor or minor child who is
currently or was previously an intimate partner or family or
household member;
3. "Family or household members" means:
a. parents, including grandparents, stepparents, adoptive
parents and foster parents,
b. children, including grandchildren, stepchildren,
adopted children and foster children, and
c. persons otherwise related by blood or marriage living
in the same household;
4. "Foreign protective order" means any valid order of
protection issued by a court of another state or a tribal court;
5. "Harassment" means a knowing and willful course or pattern of
conduct by a family or household member or an individual who is or
has been involved in a dating relationship with the person, directed
at a specific person which seriously alarms or annoys the person, and
which serves no legitimate purpose. The course of conduct must be
such as would cause a reasonable person to suffer substantial
emotional distress, and must actually cause substantial distress to
the person. "Harassment" shall include, but not be limited to,
harassing or obscene telephone calls in violation of Section 1172 of
Title 21 of the Oklahoma Statutes and fear of death or bodily injury;
6. "Intimate partner" means:
0"* "".$! "!.! "422
a. current or former spouses,
b. persons who are or were in a dating relationship,
c. persons who are the biological parents of the same
child, regardless of their marital status or whether
they have lived together at any time, and
d. persons who currently or formerly lived together in an
intimate way, primarily characterized by affectionate
or sexual involvement. A sexual relationship may be an
indicator that a person is an intimate partner, but is
never a necessary condition;
7. "Mutual protective order" means a final protective order or
orders issued to both a plaintiff who has filed a petition for a
protective order and a defendant included as the defendant in the
plaintiff's petition restraining the parties from committing domestic
violence, stalking, harassment or rape against each other. If both
parties allege domestic abuse, violence, stalking, harassment or rape
against each other, the parties shall do so by separate petition
pursuant to Section 60.4 of this title;
8. "Rape" means rape and rape by instrumentation in violation of
Sections 1111 and 1111.1 of Title 21 of the Oklahoma Statutes;
9. "Stalking" means the willful, malicious, and repeated
following or harassment of a person by an adult, emancipated minor,
or minor thirteen (13) years of age or older, in a manner that would
cause a reasonable person to feel frightened, intimidated,
threatened, harassed, or molested and actually causes the person
being followed or harassed to feel terrorized, frightened,
intimidated, threatened, harassed or molested. Stalking also means a
course of conduct composed of a series of two or more separate acts
over a period of time, however short, evidencing a continuity of
purpose or unconsented contact with a person that is initiated or
continued without the consent of the individual or in disregard of
the expressed desire of the individual that the contact be avoided or
discontinued. Unconsented contact or course of conduct includes, but
is not limited to:
a. following or appearing within the sight of that
individual,
b. approaching or confronting that individual in a public
place or on private property,
c. appearing at the workplace or residence of that
individual,
d. entering onto or remaining on property owned, leased or
occupied by that individual,
e. contacting that individual by telephone,
f. sending mail or electronic communications to that
individual, or
0"* "".$! "!.! "425
g. placing an object on, or delivering an object to,
property owned, leased or occupied by that individual;
and
10. "Victim support person" means a person affiliated with a
domestic violence, sexual assault or adult human sex trafficking
program, certified by the Attorney General or operating under a
tribal government, who provides support and assistance for a person
who files a petition under the Protection from Domestic Abuse Act.
Added by Laws 1982, c. 255, § 2, eff. Oct. 1, 1982. Amended by Laws
1986, c. 197, § 1, eff. Nov. 1, 1986; Laws 1991, c. 112, § 2, eff.
Sept. 1, 1991; Laws 1992, c. 42, § 1, eff. Sept. 1, 1992; Laws 1994,
c. 290, § 54, eff. July 1, 1994; Laws 1995, c. 297, § 1, eff. Nov. 1,
1995; Laws 1996, c. 247, § 29, eff. July 1, 1996; Laws 2000, c. 85, §
1, eff. Nov. 1, 2000; Laws 2000, c. 370, § 5, eff. July 1, 2000; Laws
2001, c. 279, § 2, eff. Nov. 1, 2001; Laws 2003, c. 407, § 1, eff.
Nov. 1, 2003; Laws 2005, c. 348, § 14, eff. July 1, 2005; Laws 2010,
c. 116, § 2, eff. Nov. 1, 2010; Laws 2019, c. 200, § 2, eff. Nov. 1,
2019.
§22-60.2. Protective order - Petition - Complaint requirement for
certain stalking victims - Fees.
A. A victim of domestic abuse, a victim of stalking, a victim of
harassment, a victim of rape, any adult or emancipated minor
household member on behalf of any other family or household member
who is a minor or incompetent, or any minor age sixteen (16) or
seventeen (17) years may seek relief under the provisions of the
Protection from Domestic Abuse Act.
1. The person seeking relief may file a petition for a
protective order with the district court in the county in which the
victim resides, the county in which the defendant resides, or the
county in which the domestic violence occurred. If the person
seeking relief is a victim of stalking but is not a family or
household member or an individual who is or has been in a dating
relationship with the defendant, the person seeking relief must file
a complaint against the defendant with the proper law enforcement
agency before filing a petition for a protective order with the
district court. The person seeking relief shall provide a copy of
the complaint that was filed with the law enforcement agency at the
full hearing if the complaint is not available from the law
enforcement agency. Failure to provide a copy of the complaint filed
with the law enforcement agency shall constitute a frivolous filing
and the court may assess attorney fees and court costs against the
plaintiff pursuant to paragraph 2 of subsection C of this section.
The filing of a petition for a protective order shall not require
jurisdiction or venue of the criminal offense if either the plaintiff
or defendant resides in the county. If a petition has been filed in
an action for divorce or separate maintenance and either party to the
0"* "".$! "!.! "427
action files a petition for a protective order in the same county
where the action for divorce or separate maintenance is filed, the
petition for the protective order may be heard by the court hearing
the divorce or separate maintenance action if:
a. there is no established protective order docket in such
court, or
b. the court finds that, in the interest of judicial
economy, both actions may be heard together; provided,
however, the petition for a protective order,
including, but not limited to, a petition in which
children are named as petitioners, shall remain a
separate action and a separate order shall be entered
in the protective order action. Protective orders may
be dismissed in favor of restraining orders in the
divorce or separate maintenance action if the court
specifically finds, upon hearing, that such dismissal
is in the best interests of the parties and does not
compromise the safety of any petitioner.
If the defendant is a minor child, the petition shall be filed
with the court having jurisdiction over juvenile matters.
2. When the abuse occurs when the court is not open for
business, such person may request an emergency temporary order of
protection as authorized by Section 40.3 of this title.
B. The petition forms shall be provided by the clerk of the
court. The Administrative Office of the Courts shall develop a
standard form for the petition.
C. 1. Except as otherwise provided by this section, no filing
fee, service of process fee, attorney fees or any other fee or costs
shall be charged the plaintiff or victim at any time for filing a
petition for a protective order whether a protective order is granted
or not granted. The court may assess court costs, service of process
fees, attorney fees, other fees and filing fees against the defendant
at the hearing on the petition, if a protective order is granted
against the defendant; provided, the court shall have authority to
waive the costs and fees if the court finds that the party does not
have the ability to pay the costs and fees.
2. If the court makes specific findings that a petition for a
protective order has been filed frivolously and no victim exists, the
court may assess attorney fees and court costs against the plaintiff.
D. The person seeking relief shall prepare the petition or, at
the request of the plaintiff, the court clerk or the victim-witness
coordinator, victim support person, and court case manager shall
prepare or assist the plaintiff in preparing the petition.
E. The person seeking a protective order may further request the
exclusive care, possession, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner, defendant
or minor child residing in the residence of the petitioner or
0"* "".$! "!.! "428
defendant. The court may order the defendant to make no contact with
the animal and forbid the defendant from taking, transferring,
encumbering, concealing, molesting, attacking, striking, threatening,
harming, or otherwise disposing of the animal.
F. A court may not require the victim to seek legal sanctions
against the defendant including, but not limited to, divorce,
separation, paternity or criminal proceedings prior to hearing a
petition for protective order.
G. A victim of rape, forcible sodomy, a sex offense, kidnapping,
assault and battery with a deadly weapon or member of the immediate
family of a victim of first-degree murder, as such terms are defined
in Section 40 of this title, may petition for an emergency temporary
order or emergency ex parte order regardless of any relationship or
scenario pursuant to the provisions of this section. The
Administrative Office of the Courts shall modify the petition forms
as necessary to effectuate the provisions of this subsection.
Added by Laws 1982, c. 255, § 3, eff. Oct. 1, 1982. Amended by Laws
1983, c. 290, § 1, eff. Nov. 1, 1983; Laws 1991, c. 112, § 3, eff.
Sept. 1, 1991; Laws 1992, c. 42, § 2, eff. Sept. 1, 1992; Laws 1993,
c. 325, § 15, eff. Sept. 1, 1993; Laws 1994, c. 290, § 55, eff. July
1, 1994; Laws 1996, c. 247, § 30, eff. July 1, 1996; Laws 1997, c.
403, § 7, eff. Nov. 1, 1997; Laws 2000, c. 370, § 6, eff. July 1,
2000; Laws 2001, c. 279, § 3, eff. Nov. 1, 2001; Laws 2003, c. 407, §
2, eff. Nov. 1, 2003; Laws 2006, c. 302, § 1, eff. Nov. 1, 2006; Laws
2008, c. 189, § 1, eff. Nov. 1, 2008; Laws 2010, c. 116, § 3, eff.
Nov. 1, 2010; Laws 2013, c. 198, § 1, eff. Nov. 1, 2013; Laws 2019,
c. 113, § 1, eff. Nov. 1, 2019.
§22-60.3. Emergency ex parte order and hearing - Emergency temporary
ex parte order of protection.
A. If a plaintiff requests an emergency ex parte order pursuant
to Section 60.2 of this title, the court shall hold an ex parte
hearing on the same day the petition is filed, if the court finds
sufficient grounds within the scope of the Protection from Domestic
Abuse Act stated in the petition to hold such a hearing. The court
may, for good cause shown at the hearing, issue any emergency ex
parte order that it finds necessary to protect the victim from
immediate and present danger of domestic abuse, stalking, or
harassment. The emergency ex parte order shall be in effect until
after the full hearing is conducted. Provided, if the defendant,
after having been served, does not appear at the hearing, the
emergency ex parte order shall remain in effect until the defendant
is served with the permanent order. If the terms of the permanent
order are the same as those in the emergency order, or are less
restrictive, then it is not necessary to serve the defendant with the
permanent order. The Administrative Office of the Courts shall
develop a standard form for emergency ex parte protective orders.
0"* "".$! "!.! "429
B. An emergency ex parte protective order authorized by this
section shall include the name, sex, race, date of birth of the
defendant, and the dates of issue and expiration of the protective
order.
C. If a plaintiff requests an emergency temporary ex parte order
of protection as provided by Section 40.3 of this title, the judge
who is notified of the request by a peace officer may issue such
order verbally to the officer or in writing when there is reasonable
cause to believe that the order is necessary to protect the victim
from immediate and present danger of domestic abuse. When the order
is issued verbally the judge shall direct the officer to complete and
sign a statement attesting to the order. The emergency temporary ex
parte order shall be in effect until the court date that was assigned
by the court during the approval of the order. Emergency temporary
ex parte orders shall be heard within fourteen (14) days after
issuance. The court shall provide a list of available court dates
for hearings.
D. If an action for divorce, separate maintenance, guardianship,
adoption or any other proceeding involving custody or visitation has
been filed and is pending in a county different than the county in
which the emergency ex parte order was issued, the hearing on the
petition for a final protective order shall be transferred and held
in the same county in which the action for divorce, separate
maintenance, guardianship, adoption or any other proceeding involving
custody or visitation is pending.
Added by Laws 1982, c. 255, § 4, eff. Oct. 1, 1982. Amended by Laws
1983, c. 290, § 2, eff. Nov. 1, 1983; Laws 1992, c. 42, § 3, eff.
Sept. 1, 1992; Laws 1993, c. 325, § 16, eff. Sept. 1, 1993; Laws
1994, c. 290, § 56, eff. July 1, 1994; Laws 1996, c. 247, § 31, eff.
July 1, 1996; Laws 1999, c. 34, § 1, eff. Nov. 1, 1999; Laws 2000, c.
370, § 7, eff. July 1, 2000; Laws 2001, c. 279, § 4, eff. Nov. 1,
2001; Laws 2003, c. 407, § 3, eff. Nov. 1, 2003; Laws 2016, c. 183, §
5, eff. Nov. 1, 2016; Laws 2019, c. 113, § 2, eff. Nov. 1, 2019.
§22-60.4. Service of emergency ex parte order or emergency temporary
order, petition for protective order and notice of hearing - Full
hearing - Final protective order.
A. 1. A copy of a petition for a protective order, any notice
of hearing and a copy of any emergency temporary order or emergency
ex parte order issued by the court shall be served upon the defendant
in the same manner as a bench warrant. In addition, if the service
is to be in another county, the court clerk may issue service to the
sheriff by facsimile or other electronic transmission for service by
the sheriff and receive the return of service from the sheriff in the
same manner. Any fee for service of a petition for protective order,
notice of hearing, and emergency ex parte order shall only be charged
pursuant to subsection C of Section 60.2 of this title and, if
0"* "".$! "!.! "45:
charged, shall be the same as the sheriff's service fee plus mileage
expenses.
2. Emergency temporary orders, emergency ex parte orders and
notice of hearings shall be given priority for service and can be
served twenty-four (24) hours a day when the location of the
defendant is known. When service cannot be made upon the defendant
by the sheriff, the sheriff may contact another law enforcement
officer or a private investigator or private process server to serve
the defendant.
3. An emergency temporary order, emergency ex parte order, a
petition for protective order, and a notice of hearing shall have
statewide validity and may be transferred to any law enforcement
jurisdiction to effect service upon the defendant. The sheriff may
transmit the document by electronic means.
4. The return of service shall be submitted to the sheriff's
office or court clerk in the court where the petition, notice of
hearing or order was issued.
5. When the defendant is a minor child who is ordered removed
from the residence of the victim, in addition to those documents
served upon the defendant, a copy of the petition, notice of hearing
and a copy of any temporary order or ex parte order issued by the
court shall be delivered with the child to the caretaker of the place
where such child is taken pursuant to Section 2-2-101 of Title 10A of
the Oklahoma Statutes.
B. 1. Within fourteen (14) days of the filing of the petition
for a protective order, the court shall schedule a full hearing on
the petition, if the court finds sufficient grounds within the scope
of the Protection from Domestic Abuse Act stated in the petition to
hold such a hearing, regardless of whether an emergency temporary
order or ex parte order has been previously issued, requested or
denied. Provided, however, when the defendant is a minor child who
has been removed from the residence pursuant to Section 2-2-101 of
Title 10A of the Oklahoma Statutes, the court shall schedule a full
hearing on the petition within seventy-two (72) hours, regardless of
whether an emergency temporary order or ex parte order has been
previously issued, requested or denied.
2. The court may schedule a full hearing on the petition for a
protective order within seventy-two (72) hours when the court issues
an emergency temporary order or ex parte order suspending child
visitation rights due to physical violence or threat of abuse.
3. If service has not been made on the defendant at the time of
the hearing, the court shall, at the request of the petitioner, issue
a new emergency order reflecting a new hearing date and direct
service to issue.
4. A petition for a protective order shall, upon the request of
the petitioner, renew every fourteen (14) days with a new hearing
date assigned until the defendant is served. A petition for a
0"* "".$! "!.! "45
protective order shall not expire unless the petitioner fails to
appear at the hearing or fails to request a new order. A petitioner
may move to dismiss the petition and emergency or final order at any
time; however, a protective order must be dismissed by court order.
5. Failure to serve the defendant shall not be grounds for
dismissal of a petition or an ex parte order unless the victim
requests dismissal or fails to appear for the hearing thereon.
6. A final protective order shall be granted or denied within
six (6) months of service on the defendant unless all parties agree
that a temporary protective order remain in effect; provided, a
victim shall have the right to request a final protective order
hearing at any time after the passage of six (6) months.
C. 1. At the hearing, the court may impose any terms and
conditions in the protective order that the court reasonably believes
are necessary to bring about the cessation of domestic abuse against
the victim or stalking or harassment of the victim or the immediate
family of the victim but shall not impose any term and condition that
may compromise the safety of the victim including, but not limited
to, mediation, couples counseling, family counseling, parenting
classes or joint victim-offender counseling sessions. The court may
order the defendant to obtain domestic abuse counseling or treatment
in a program certified by the Attorney General at the expense of the
defendant pursuant to Section 644 of Title 21 of the Oklahoma
Statutes.
2. If the court grants a protective order and the defendant is a
minor child, the court shall order a preliminary inquiry in a
juvenile proceeding to determine whether further court action
pursuant to the Oklahoma Juvenile Code should be taken against a
juvenile defendant.
D. Final protective orders authorized by this section shall be
on a standard form developed by the Administrative Office of the
Courts.
E. 1. After notice and hearing, protective orders authorized by
this section may require the defendant to undergo treatment or
participate in the court-approved counseling services necessary to
bring about cessation of domestic abuse against the victim pursuant
to Section 644 of Title 21 of the Oklahoma Statutes but shall not
order any treatment or counseling that may compromise the safety of
the victim including, but not limited to, mediation, couples
counseling, family counseling, parenting classes or joint victim-
offender counseling sessions.
2. The defendant may be required to pay all or any part of the
cost of such treatment or counseling services. The court shall not
be responsible for such cost.
3. Should the plaintiff choose to undergo treatment or
participate in court-approved counseling services for victims of
domestic abuse, the court may order the defendant to pay all or any
0"* "".$! "!.! "45
part of the cost of such treatment or counseling services if the
court determines that payment by the defendant is appropriate.
F. When necessary to protect the victim and when authorized by
the court, protective orders granted pursuant to the provisions of
this section may be served upon the defendant by a peace officer,
sheriff, constable, or policeman or other officer whose duty it is to
preserve the peace, as defined by Section 99 of Title 21 of the
Oklahoma Statutes.
G. 1. Any protective order issued on or after November 1, 2012,
pursuant to subsection C of this section shall be:
a. for a fixed period not to exceed a period of five (5)
years unless extended, modified, vacated or rescinded
upon motion by either party or if the court approves
any consent agreement entered into by the plaintiff and
defendant; provided, if the defendant is incarcerated,
the protective order shall remain in full force and
effect during the period of incarceration. The period
of incarceration, in any jurisdiction, shall not be
included in the calculation of the five-year time
limitation, or
b. continuous upon a specific finding by the court of one
of the following:
(1) the person has a history of violating the orders
of any court or governmental entity,
(2) the person has previously been convicted of a
violent felony offense,
(3) the person has a previous felony conviction for
stalking as provided in Section 1173 of Title 21
of the Oklahoma Statutes, or
(4) a court order for a final Victim Protection Order
has previously been issued against the person in
this state or another state.
Further, the court may take into consideration whether the person has
a history of domestic violence or a history of other violent acts.
The protective order shall remain in effect until modified, vacated
or rescinded upon motion by either party or if the court approves any
consent agreement entered into by the plaintiff and defendant. If
the defendant is incarcerated, the protective order shall remain in
full force and effect during the period of incarceration.
2. The court shall notify the parties at the time of the
issuance of the protective order of the duration of the protective
order.
3. Upon the filing of a motion by either party to modify,
extend, or vacate a protective order, a hearing shall be scheduled
and notice given to the parties. At the hearing, the issuing court
may take such action as is necessary under the circumstances.
0"* "".$! "!.! "45+
4. If a child has been removed from the residence of a parent or
custodial adult because of domestic abuse committed by the child, the
parent or custodial adult may refuse the return of such child to the
residence unless, upon further consideration by the court in a
juvenile proceeding, it is determined that the child is no longer a
threat and should be allowed to return to the residence.
H. 1. It shall be unlawful for any person to knowingly and
willfully seek a protective order against a spouse or ex-spouse
pursuant to the Protection from Domestic Abuse Act for purposes of
harassment, undue advantage, intimidation, or limitation of child
visitation rights in any divorce proceeding or separation action
without justifiable cause.
2. The violator shall, upon conviction thereof, be guilty of a
misdemeanor punishable by imprisonment in the county jail for a
period not exceeding one (1) year or by a fine not to exceed Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
3. A second or subsequent conviction under this subsection shall
be a felony punishable by imprisonment in the custody of the
Department of Corrections for a period not to exceed two (2) years,
or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by
both such fine and imprisonment.
I. 1. A protective order issued under the Protection from
Domestic Abuse Act shall not in any manner affect title to real
property, purport to grant to the parties a divorce or otherwise
purport to determine the issues between the parties as to child
custody, visitation or visitation schedules, child support or
division of property or any other like relief obtainable pursuant to
Title 43 of the Oklahoma Statutes, except child visitation orders may
be temporarily suspended or modified to protect from threats of abuse
or physical violence by the defendant or a threat to violate a
custody order. Orders not affecting title may be entered for good
cause found to protect an animal owned by either of the parties or
any child living in the household.
2. When granting any protective order for the protection of a
minor child from violence or threats of abuse, the court shall allow
visitation only under conditions that provide adequate supervision
and protection to the child while maintaining the integrity of a
divorce decree or temporary order.
J. 1. In order to ensure that a petitioner can maintain an
existing wireless telephone number or household utility account, the
court, after providing notice and a hearing, may issue an order
directing a wireless service provider or public utility provider to
transfer the billing responsibility for and rights to the wireless
telephone number or numbers of any minor children in the care of the
petitioning party or household utility account to the petitioner if
the petitioner is not the wireless service or public utility account
holder.
0"* "".$! "!.! "45-
2. The order transferring billing responsibility for and rights
to the wireless telephone number or numbers or household utility
account to the petitioner shall list the name and billing telephone
number of the account holder, the name and contact information of the
person to whom the telephone number or numbers or household utility
account will be transferred and each telephone number or household
utility to be transferred to that person. The court shall ensure
that the contact information of the petitioner is not provided to the
account holder in proceedings held under this subsection.
3. Upon issuance, a copy of the final order of protection shall
be transmitted, either electronically or by certified mail, to the
registered agent of the wireless service provider or public utility
provider listed with the Secretary of State or Corporation Commission
of Oklahoma or electronically to the email address provided by the
wireless service provider or public utility provider. Such
transmittal shall constitute adequate notice for the wireless service
provider or public utility provider.
4. If the wireless service provider or public utility provider
cannot operationally or technically effectuate the order due to
certain circumstances, the wireless service provider or public
utility provider shall notify the petitioner. Such circumstances
shall include, but not be limited to, the following:
a. the account holder has already terminated the account,
b. the differences in network technology prevent the
functionality of a mobile device on the network, or
c. there are geographic or other limitations on network or
service availability.
5. Upon transfer of billing responsibility for and rights to a
wireless telephone number or numbers or household utility account to
the petitioner under the provisions of this subsection by a wireless
service provider or public utility provider, the petitioner shall
assume all financial responsibility for the transferred wireless
telephone number or numbers or household utility account, monthly
service and utility billing costs and costs for any mobile device
associated with the wireless telephone number or numbers. The
wireless service provider or public utility provider shall have the
right to pursue the original account holder for purposes of
collecting any past due amounts owed to the wireless service provider
or public utility provider.
6. The provisions of this subsection shall not preclude a
wireless service provider or public utility provider from applying
any routine and customary requirements for account establishment to
the petitioner as part of this transfer of billing responsibility for
a household utility account or for a wireless telephone number or
numbers and any mobile devices attached to that number including, but
not limited to, identification, financial information and customer
preferences.
0"* "".$! "!.! "452
7. The provisions of this subsection shall not affect the
ability of the court to apportion the assets and debts of the parties
as provided for in law or the ability to determine the temporary use,
possession and control of personal property.
8. No cause of action shall lie against any wireless service
provider or public utility provider, its officers, employees or
agents for actions taken in accordance with the terms of a court
order issued under the provisions of this subsection.
9. As used in this subsection:
a. "wireless service provider" means a provider of
commercial mobile service under Section 332(d) of the
federal Telecommunications Act of 1996,
b. "public utility provider" means every corporation
organized or doing business in this state that owns,
operates or manages any plant or equipment for the
manufacture, production, transmission, transportation,
delivery or furnishing of water, heat or light with gas
or electric current for heat, light or power, for
public use in this state, and
c. "household utility account" shall include utility
services for water, heat, light, power or gas that are
provided by a public utility provider.
K. 1. A court shall not issue any mutual protective orders.
2. If both parties allege domestic abuse by the other party, the
parties shall do so by separate petitions. The court shall review
each petition separately in an individual or a consolidated hearing
and grant or deny each petition on its individual merits. If the
court finds cause to grant both motions, the court shall do so by
separate orders and with specific findings justifying the issuance of
each order.
3. The court may only consolidate a hearing if:
a. the court makes specific findings that:
(1) sufficient evidence exists of domestic abuse,
stalking, harassment or rape against each party,
and
(2) each party acted primarily as aggressors,
b. the defendant filed a petition with the court for a
protective order no less than three (3) days, not
including weekends or holidays, prior to the first
scheduled full hearing on the petition filed by the
plaintiff, and
c. the defendant had no less than forty-eight (48) hours
of notice prior to the full hearing on the petition
filed by the plaintiff.
L. The court may allow a plaintiff or victim to be accompanied
by a victim support person at court proceedings. A victim support
person shall not make legal arguments; however, a victim support
0"* "".$! "!.! "455
person who is not a licensed attorney may offer the plaintiff or
victim comfort or support and may remain in close proximity to the
plaintiff or victim.
Added by Laws 1982, c. 255, § 5, eff. Oct. 1, 1982. Amended by Laws
1983, c. 290, § 3, eff. Nov. 1, 1983; Laws 1987, c. 174, § 1,
operative July 1, 1987; Laws 1992, c. 42, § 4, eff. Sept. 1, 1992;
Laws 1992, c. 379, § 1, eff. Sept. 1, 1992; Laws 1994, c. 290, § 57,
eff. July 1, 1994; Laws 1996, c. 247, § 32, eff. July 1, 1996; Laws
1999, c. 97, § 1, eff. Nov. 1, 1999; Laws 2000, c. 370, § 8, eff.
July 1, 2000; Laws 2001, c. 279, § 5, eff. Nov. 1, 2001; Laws 2003,
c. 407, § 4, eff. Nov. 1, 2003; Laws 2005, c. 348, § 15, eff. July 1,
2005; Laws 2006, c. 34, § 1, eff. Nov. 1, 2006; Laws 2009, c. 234, §
128, emerg. eff. May 21, 2009; Laws 2010, c. 116, § 4, eff. Nov. 1,
2010; Laws 2011, c. 102, § 1, eff. Nov. 1, 2011; Laws 2012, c. 313, §
1, eff. Nov. 1, 2012; Laws 2013, c. 198, § 2, eff. Nov. 1, 2013; Laws
2016, c. 281, § 1, eff. Nov. 1, 2016; Laws 2017, c. 173, § 1, eff.
Nov. 1, 2017; Laws 2019, c. 113, § 3, eff. Nov. 1, 2019.
§22-60.5. Access to protective orders by law enforcement agencies.
A. Within twenty-four (24) hours of the return of service of any
emergency temporary, ex parte or final protective order, the clerk of
the issuing court shall send certified copies thereof to all
appropriate law enforcement agencies designated by the plaintiff. A
certified copy of any extension, modification, vacation, cancellation
or consent agreement concerning a final protective order shall be
sent within twenty-four (24) hours by the clerk of the issuing court
to those law enforcement agencies receiving the original orders
pursuant to this section and to any law enforcement agencies
designated by the court.
B. Any law enforcement agency receiving copies of the documents
listed in subsection A of this section shall be required to ensure
that other law enforcement agencies have access twenty-four (24)
hours a day to the information contained in the documents which may
include entry of information about the emergency temporary, ex parte
or final protective order in the National Crime Information Center
database.
Added by Laws 1982, c. 255, § 6, eff. Oct. 1, 1982. Amended by Laws
1983, c. 290, § 4, eff. Nov. 1, 1983; Laws 1994, c. 290, § 58, eff.
July 1, 1994; Laws 1997, c. 368, § 2, eff. Nov. 1, 1997; Laws 1999,
c. 97, § 2, eff. Nov. 1, 1999; Laws 2000, c. 370, § 9, eff. July 1,
2000; Laws 2019, c. 113, § 4, eff. Nov. 1, 2019.
§22-60.6. Violation of emergency temporary, ex parte or final
protective order - Penalties.
A. Except as otherwise provided by this section, any person who:
1. Has been served with an emergency temporary, ex parte or
final protective order or foreign protective order and is in
0"* "".$! "!.! "457
violation of such protective order, upon conviction, shall be guilty
of a misdemeanor and shall be punished by a fine of not more than One
Thousand Dollars ($1,000.00) or by a term of imprisonment in the
county jail of not more than one (1) year, or by both such fine and
imprisonment; and
2. After a previous conviction of a violation of a protective
order, is convicted of a second or subsequent offense pursuant to the
provisions of this section shall, upon conviction, be guilty of a
felony and shall be punished by a term of imprisonment in the custody
of the Department of Corrections for not less than one (1) year nor
more than three (3) years, or by a fine of not less than Two Thousand
Dollars ($2,000.00) nor more than Ten Thousand Dollars ($10,000.00),
or by both such fine and imprisonment.
B. 1. Any person who has been served with an emergency
temporary, ex parte or final protective order or foreign protective
order who violates the protective order and causes physical injury or
physical impairment to the plaintiff or to any other person named in
said protective order shall, upon conviction, be guilty of a
misdemeanor and shall be punished by a term of imprisonment in the
county jail for not less than twenty (20) days nor more than one (1)
year. In addition to the term of imprisonment, the person may be
punished by a fine not to exceed Five Thousand Dollars ($5,000.00).
2. Any person who is convicted of a second or subsequent
violation of a protective order which causes physical injury or
physical impairment to a plaintiff or to any other person named in
the protective order shall be guilty of a felony and shall be
punished by a term of imprisonment in the custody of the Department
of Corrections of not less than one (1) year nor more than five (5)
years, or by a fine of not less than Three Thousand Dollars
($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by
both such fine and imprisonment.
3. In determining the term of imprisonment required by this
section, the jury or sentencing judge shall consider the degree of
physical injury or physical impairment to the victim.
4. The provisions of this subsection shall not affect the
applicability of Sections 644, 645, 647 and 652 of Title 21 of the
Oklahoma Statutes.
C. The minimum sentence of imprisonment issued pursuant to the
provisions of paragraph 2 of subsection A and paragraph 2 of
subsection B of this section shall not be subject to statutory
provisions for suspended sentences, deferred sentences or probation,
provided the court may subject any remaining penalty under the
jurisdiction of the court to the statutory provisions for suspended
sentences, deferred sentences or probation.
D. In addition to any other penalty specified by this section,
the court shall require a defendant to undergo the treatment or
participate in the counseling services necessary to bring about the
0"* "".$! "!.! "458
cessation of domestic abuse against the victim or to bring about the
cessation of stalking or harassment of the victim. For every
conviction of violation of a protective order:
1. The court shall specifically order as a condition of a
suspended sentence or probation that a defendant participate in
counseling or undergo treatment to bring about the cessation of
domestic abuse as specified in paragraph 2 of this subsection;
2. a. The court shall require the defendant to participate in
counseling or undergo treatment for domestic abuse by
an individual licensed practitioner or a domestic abuse
treatment program certified by the Attorney General.
If the defendant is ordered to participate in a
domestic abuse counseling or treatment program, the
order shall require the defendant to attend the program
for a minimum of fifty-two (52) weeks, complete the
program, and be evaluated before and after attendance
of the program by a program counselor or a private
counselor.
b. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify
for the counseling or treatment requirement for
domestic abuse pursuant to this subsection. The
counseling may be ordered in addition to counseling
specifically for the treatment of domestic abuse or per
evaluation as set forth below. If, after sufficient
evaluation and attendance at required counseling
sessions, the domestic violence treatment program or
licensed professional determines that the defendant
does not evaluate as a perpetrator of domestic violence
or does evaluate as a perpetrator of domestic violence
and should complete other programs of treatment
simultaneously or prior to domestic violence treatment,
including but not limited to programs related to the
mental health, apparent substance or alcohol abuse or
inability or refusal to manage anger, the defendant
shall be ordered to complete the counseling as per the
recommendations of the domestic violence treatment
program or licensed professional;
3. a. The court shall set a review hearing no more than one
hundred twenty (120) days after the defendant is
ordered to participate in a domestic abuse counseling
program or undergo treatment for domestic abuse to
assure the attendance and compliance of the defendant
with the provisions of this subsection and the domestic
abuse counseling or treatment requirements.
b. The court shall set a second review hearing after the
completion of the counseling or treatment to assure the
0"* "".$! "!.! "459
attendance and compliance of the defendant with the
provisions of this subsection and the domestic abuse
counseling or treatment requirements. The court may
suspend sentencing of the defendant until the defendant
has presented proof to the court of enrollment in a
program of treatment for domestic abuse by an
individual licensed practitioner or a domestic abuse
treatment program certified by the Attorney General and
attendance at weekly sessions of such program. Such
proof shall be presented to the court by the defendant
no later than one hundred twenty (120) days after the
defendant is ordered to such counseling or treatment.
At such time, the court may complete sentencing,
beginning the period of the sentence from the date that
proof of enrollment is presented to the court, and
schedule reviews as required by subparagraphs a and b
of this paragraph and paragraphs 4 and 5 of this
subsection. The court shall retain continuing
jurisdiction over the defendant during the course of
ordered counseling through the final review hearing;
4. The court may set subsequent or other review hearings as the
court determines necessary to assure the defendant attends and fully
complies with the provisions of this subsection and the domestic
abuse counseling or treatment requirements;
5. At any review hearing, if the defendant is not satisfactorily
attending individual counseling or a domestic abuse counseling or
treatment program or is not in compliance with any domestic abuse
counseling or treatment requirements, the court may order the
defendant to further or continue counseling, treatment, or other
necessary services. The court may revoke all or any part of a
suspended sentence, deferred sentence, or probation pursuant to
Section 991b of this title and subject the defendant to any or all
remaining portions of the original sentence;
6. At the first review hearing, the court shall require the
defendant to appear in court. Thereafter, for any subsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, domestic abuse counseling, or
the treatment program. There shall be no requirement for the victim
to attend review hearings; and
7. If funding is available, a referee may be appointed and
assigned by the presiding judge of the district court to hear
designated cases set for review under this subsection. Reasonable
compensation for the referees shall be fixed by the presiding judge.
The referee shall meet the requirements and perform all duties in the
same manner and procedure as set forth in Sections 1-8-103 and 2-2-
702 of Title 10A of the Oklahoma Statutes pertaining to referees
appointed in juvenile proceedings.
0"* "".$! "!.! "47:
E. Emergency temporary, ex parte and final protective orders
shall include notice of these penalties.
F. When a minor child violates the provisions of any protective
order, the violation shall be heard in a juvenile proceeding and the
court may order the child and the parent or parents of the child to
participate in family counseling services necessary to bring about
the cessation of domestic abuse against the victim and may order
community service hours to be performed in lieu of any fine or
imprisonment authorized by this section.
G. Any district court of this state and any judge thereof shall
be immune from any liability or prosecution for issuing an order that
requires a defendant to:
1. Attend a treatment program for domestic abusers certified by
the Attorney General;
2. Attend counseling or treatment services ordered as part of
any final protective order or for any violation of a protective
order; and
3. Attend, complete, and be evaluated before and after
attendance by a treatment program for domestic abusers certified by
the Attorney General.
H. At no time, under any proceeding, may a person protected by a
protective order be held to be in violation of that protective order.
Only a defendant against whom a protective order has been issued may
be held to have violated the order.
I. In addition to any other penalty specified by this section,
the court may order a defendant to use an active, real-time, twenty-
four-hour Global Positioning System (GPS) monitoring device as a
condition of a sentence. The court may further order the defendant
to pay costs and expenses related to the GPS device and monitoring.
Added by Laws 1982, c. 255, § 7. Amended by Laws 1983, c. 290, § 5,
eff. Nov. 1, 1983; Laws 1988, c. 249, § 1, emerg. eff. June 27, 1988;
Laws 1992, c. 42, § 5, eff. Sept. 1, 1992; Laws 1994, c. 290, § 59,
eff. July 1, 1994; Laws 1995, c. 297, § 2, eff. Nov. 1, 1995; Laws
1996, c. 247, § 33, eff. July 1, 1996; Laws 2000, c. 85, § 2, eff.
Nov. 1, 2000; Laws 2004, c. 516, § 2, eff. July 1, 2005; Laws 2005,
c. 348, § 16, eff. July 1, 2005; Laws 2006, c. 284, § 4, emerg. eff.
June 7, 2006; Laws 2007, c. 156, § 5, eff. Nov. 1, 2007; Laws 2008,
c. 114, § 1, eff. Nov. 1, 2008; Laws 2008, c. 403, § 2, eff. Nov. 1,
2008; Laws 2009, c. 234, § 129, emerg. eff. May 21, 2009; Laws 2019,
c. 113, § 5, eff. Nov. 1, 2019.
§22-60.7. Statewide and nationwide validity of orders.
All orders issued pursuant to the provisions of the Protection
from Domestic Abuse Act, Section 60 et seq. of this title, shall have
statewide and nationwide validity, unless specifically modified or
terminated by a judge of the district courts.
0"* "".$! "!.! "47
Added by Laws 1983, c. 290, § 6, eff. Nov. 1, 1983. Amended by Laws
1991, c. 112, § 4, eff. Sept. 1, 1991; Laws 2000, c. 85, § 3, eff.
Nov. 1, 2000.
§22-60.8. Seizure and forfeiture of weapons used to commit act of
domestic abuse.
A. Each peace officer of this state shall seize any weapon or
instrument when such officer has probable cause to believe such
weapon or instrument has been used to commit an act of domestic abuse
as defined by Section 60.1 of this title, provided an arrest is made,
if possible, at the same time.
B. After any such seizure, the District Attorney shall file a
notice of seizure and forfeiture as provided in this section within
ten (10) days of such seizure, or any weapon or instrument seized
pursuant to this section shall be returned to the owner.
C. The seizure and forfeiture provisions of Section 991a-19 of
this title shall be followed for any seizure and forfeiture of
property pursuant to this section. No weapon or instrument seized
pursuant to this section or monies from the sale of any such seized
weapon or instrument shall be turned over to the person from whom
such property was seized if a forfeiture action has been filed within
the time required by subsection B of this section, unless authorized
by this section. Provided further, the owner may prove at the
forfeiture hearing that the conduct giving rise to the seizure was
justified, and if the owner proves justification, the seized property
shall be returned to the owner. Any proceeds gained from this
seizure shall be placed in the Crime Victims Compensation Revolving
Fund.
Added by Laws 1993, c. 235, § 1, eff. Sept. 1, 1993. Amended by Laws
2000, c. 370, § 10, eff. July 1, 2000; Laws 2002, c. 443, § 2, eff.
July 1, 2002.
§22-60.9. Warrantless arrest.
A. Pursuant to paragraph 7 of Section 196 of this title, a peace
officer, without a warrant, shall arrest and take into custody a
person if the peace officer has reasonable cause to believe that:
1. An emergency ex parte or final protective order has been
issued and served upon the person, pursuant to the Protection from
Domestic Abuse Act;
2. A true copy and proof of service of the order has been filed
with the law enforcement agency having jurisdiction of the area in
which the plaintiff or any family or household member named in the
order resides or a certified copy of the order and proof of service
is presented to the peace officer as provided in subsection D of this
section;
3. The person named in the order has received notice of the
order and has had a reasonable time to comply with such order; and
0"* "".$! "!.! "47
4. The person named in the order has violated the order or is
then acting in violation of the order.
B. A peace officer, without a warrant, shall arrest and take
into custody a person if the following conditions have been met:
1. The peace officer has reasonable cause to believe that a
foreign protective order has been issued, pursuant to the law of the
state or tribal court where the foreign protective order was issued;
2. A certified copy of the foreign protective order has been
presented to the peace officer that appears valid on its face; and
3. The peace officer has reasonable cause to believe the person
named in the order has violated the order or is then acting in
violation of the order.
C. A person arrested pursuant to this section shall be brought
before the court within twenty-four (24) hours after arrest to answer
to a charge for violation of the order pursuant to Section 60.8 of
this title, at which time the court shall do each of the following:
1. Set a time certain for a hearing on the alleged violation of
the order within seventy-two (72) hours after arrest, unless extended
by the court on the motion of the arrested person;
2. Set a reasonable bond pending a hearing of the alleged
violation of the order; and
3. Notify the party who has procured the order and direct the
party to appear at the hearing and give evidence on the charge.
The court may also consider the safety of any and all alleged
victims that are subject to the protection of the order prior to the
court setting a reasonable bond pending a hearing of the alleged
violation of the order.
D. A copy of a protective order shall be prima facie evidence
that such order is valid in this state when such documentation is
presented to a law enforcement officer by the plaintiff, defendant,
or another person on behalf of a person named in the order. Any law
enforcement officer may rely on such evidence to make an arrest for a
violation of such order, if there is reason to believe the defendant
has violated or is then acting in violation of the order without
justifiable excuse. When a law enforcement officer relies upon the
evidence specified in this subsection, such officer and the employing
agency shall be immune from liability for the arrest of the defendant
if it is later proved that the evidence was false.
E. Any person who knowingly and willfully presents any false or
materially altered protective order to any law enforcement officer to
effect an arrest of any person shall, upon conviction, be guilty of a
felony punishable by imprisonment in the custody of the Department of
Corrections for a period not to exceed two (2) years, or by a fine
not exceeding Five Thousand Dollars ($5,000.00) and shall, in
addition, be liable for any civil damages to the defendant.
Added by Laws 1994, c. 316, § 1, emerg. eff. June 8, 1994. Amended
by Laws 2000, c. 85, § 4, eff. Nov. 1, 2000; Laws 2000, c. 370, § 11,
0"* "".$! "!.! "47+
eff. July 1, 2000; Laws 2006, c. 284, § 5, emerg. eff. June 7, 2006;
Laws 2013, c. 198, § 3, eff. Nov. 1, 2013.
§22-60.11. Protective order – Statement required - Validity.
In addition to any other provisions required by the Protection
from Domestic Abuse Act, or otherwise required by law, each ex parte
or final protective order issued pursuant to the Protection from
Domestic Abuse Act shall have a statement printed in bold-faced type
or in capital letters containing the following information:
1. The filing or nonfiling of criminal charges and the
prosecution of the case shall not be determined by a person who is
protected by the protective order, but shall be determined by the
prosecutor;
2. No person, including a person who is protected by the order,
may give permission to anyone to ignore or violate any provision of
the order. During the time in which the order is valid, every
provision of the order shall be in full force and effect unless a
court changes the order;
3. The order shall be in effect for a fixed period of five (5)
years unless extended, modified, vacated or rescinded by the court or
shall be continuous upon a specific finding by the court as provided
in subparagraph b of paragraph 1 of subsection G of Section 60.4 of
this title unless modified, vacated or rescinded by the court;
4. A violation of the order is punishable by a fine of up to One
Thousand Dollars ($1,000.00) or imprisonment for up to one (1) year
in the county jail, or by both such fine and imprisonment. A
violation of the order which causes injury is punishable by
imprisonment for twenty (20) days to one (1) year in the county jail
or a fine of up to Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment; and
5. Possession of a firearm or ammunition by a defendant while an
order is in effect may subject the defendant to prosecution for a
violation of federal law even if the order does not specifically
prohibit the defendant from possession of a firearm or ammunition.
Added by Laws 1995, c. 297, § 3, eff. Nov. 1, 1995. Amended by Laws
1999, c. 97, § 3, eff. Nov. 1, 1999; Laws 1999, c. 417, § 4, emerg.
eff. June 10, 1999; Laws 2003, c. 407, § 5, eff. Nov. 1, 2003; Laws
2012, c. 313, § 2, eff. Nov. 1, 2012.
§22-60.12. Foreign protective orders – Presumption of validity –
Peace officers immune from liability.
A. It is the intent of the Legislature that all foreign
protective orders shall have the rebuttable presumption of validity,
even if the foreign protective order contains provisions which could
not be contained in a protective order issued by an Oklahoma court.
The validity of a foreign protective order shall only be determined
by a court of competent jurisdiction. Until a foreign protective
0"* "".$! "!.! "47-
order is declared invalid by a court of competent jurisdiction it
shall be given full faith and credit by all peace officers and courts
in the State of Oklahoma.
B. A peace officer of this state shall be immune from liability
for enforcing provisions of a foreign protective order.
Added by Laws 2000, c. 85, § 5, eff. Nov. 1, 2000.
§22-60.13. Repealed by Laws 2003, c. 407, § 7, eff. Nov. 1, 2003.
§22-60.14. Address confidentiality program.
A. The Legislature finds that persons attempting to escape from
actual or threatened domestic violence, sexual assault, or stalking
frequently establish new addresses in order to prevent their
assailants or probable assailants from finding them. The purpose of
this section is to enable state and local agencies to respond to
requests for public records without disclosing the location of a
victim of domestic abuse, sexual assault, or stalking, to enable
interagency cooperation with the Attorney General in providing
address confidentiality for victims of domestic abuse, sexual
assault, or stalking, and to enable state and local agencies to
accept an address designated by the Attorney General by a program
participant as a substitute mailing address.
B. As used in this section:
1. “Address” means a residential street address, school address,
or work address of an individual, as specified on the application of
an individual to be a program participant under this section;
2. “Program participant” means a person certified as a program
participant under this section;
3. “Domestic abuse” means an act as defined in Section 60.1 of
this title and includes a threat of such acts committed against an
individual in a domestic situation, regardless of whether these acts
or threats have been reported to law enforcement officers; and
4. "Stalking" means an act as defined in Section 60.1 of this
title regardless of whether the acts have been reported to law
enforcement.
C. The Address Confidentiality Program shall be staffed by
unclassified employees, who have been subjected to a criminal history
records search.
D. 1. An adult person, a parent or guardian acting on behalf of
a minor, or a guardian acting on behalf of an incapacitated person,
as defined by Section 1-111 of Title 30 of the Oklahoma Statutes, may
apply to the Attorney General to have an address designated by the
Attorney General serve as the address of the person or the address of
the minor or incapacitated person. The Attorney General shall
approve an application if it is filed in the manner and on the form
prescribed by the Attorney General and if it contains:
0"* "".$! "!.! "472
a. a sworn statement by the applicant that the applicant
has good reason to believe:
(1) that the applicant, or the minor or incapacitated
person on whose behalf the application is made, is
a victim of domestic abuse, sexual assault, or
stalking, and
(2) that the applicant fears for the safety of self or
children, or the safety of the minor or
incapacitated person on whose behalf the
application is made,
b. a designation of the Attorney General as agent for
purposes of service of process and for the purpose of
receipt of mail,
c. the mailing address where the applicant can be
contacted by the Attorney General, and the phone number
or numbers where the applicant can be called by the
Attorney General,
d. the new address or addresses that the applicant
requests not be disclosed for the reason that
disclosure will increase the risk of domestic abuse,
sexual assault, or stalking, and
e. the signature of the applicant and application
assistant who assisted in the preparation of the
application, and the date on which the applicant signed
the application.
2. An adult or minor child who resides with the applicant who
also needs to be a program participant in order to ensure the safety
of the applicant may apply. Each adult living in the household must
complete a separate application. An adult may apply on behalf of a
minor.
3. Applications shall be filed with the Office of the Attorney
General.
4. Upon filing a properly completed application, the Attorney
General shall certify the applicant as a program participant.
Applicants shall be certified for four (4) years following the date
of filing unless the certification is withdrawn or invalidated before
that date. The Attorney General shall by rule establish a renewal
procedure.
5. A person who falsely attests in an application that
disclosure of the address of the applicant would endanger the safety
of the applicant or the safety of the children of the applicant or
the minor or incapacitated person on whose behalf the application is
made, or who knowingly provides false or incorrect information upon
making an application, may be found guilty of perjury under Sections
500 and 504 of Title 21 of the Oklahoma Statutes.
E. 1. If the program participant obtains a name change, the
participant loses certification as a program participant.
0"* "".$! "!.! "475
2. The Attorney General may cancel the certification of a
program participant if there is a change in the residential address,
unless the program participant provides the Attorney General notice
no later than seven (7) days after the change occurs.
3. The Attorney General may cancel certification of a program
participant if mail forwarded by the Attorney General to the address
of the program participant is returned as nondeliverable.
4. The Attorney General shall cancel certification of a program
participant who applies using false information.
F. 1. A program participant may request that state and local
agencies use the address designated by the Attorney General as the
address of the participant. When creating a new public record, state
and local agencies shall accept the address designated by the
Attorney General as a substitute address for the program participant,
unless the Attorney General has determined that:
a. the agency has a bona fide statutory or administrative
requirement for the use of the address which would
otherwise be confidential under this section, and
b. this address will be used only for those statutory and
administrative purposes.
2. A program participant may use the address designated by the
Attorney General as a work address.
3. The Office of the Attorney General shall forward all first
class, certified and registered mail to the appropriate program
participants for no charge. The Attorney General shall not be
required to track or otherwise maintain records of any mail received
on behalf of a participant unless the mail is certified or registered
mail.
G. The Attorney General may not make any records in a file of a
program participant available for inspection or copying, other than
the address designated by the Attorney General, except under the
following circumstances:
1. If directed by a court order, to a person identified in the
order; or
2. To verify the participation of a specific program participant
to a state or local agency, in which case the Attorney General may
only confirm information supplied by the requester.
No employee of a state or local agency shall knowingly and
intentionally disclose a program participant’s actual address unless
disclosure is permitted by law.
H. The Attorney General shall designate state and local
agencies, federal government, federally recognized tribes, and
nonprofit agencies to assist persons in applying to be program
participants. A volunteer or employee of a designated entity that
provides counseling, referral, shelter, or other services to victims
of domestic abuse, sexual assault, or stalking and has been trained
by the Attorney General shall be known as an application assistant.
0"* "".$! "!.! "477
Any assistance and counseling rendered by the Office of the Attorney
General or an application assistant to applicants shall in no way be
construed as legal advice.
I. The Attorney General may enter into agreements with the
federal government and federally recognized tribes in the State of
Oklahoma or other entities for purposes of the implementation of the
Address Confidentiality Program, including the use and acceptance of
the substitute address designated by the Attorney General.
J. Effective July 1, 2008, all administrative rules promulgated
by the Office of the Secretary of State to implement this program
shall be transferred to and become part of the administrative rules
of the Office of the Attorney General. The Office of Administrative
Rules in the Office of the Secretary of State shall provide adequate
notice in “The Oklahoma Register” of the transfer of such rules, and
shall place the transferred rules under the Administrative Code
section of the Attorney General. Such rules shall continue in force
and effect as rules of the Office of the Attorney General from and
after July 1, 2008, and any amendment, repeal or addition to the
transferred rules shall be under the jurisdiction of the Attorney
General. The Attorney General shall adopt and promulgate rules to
implement this program, as applicable.
K. Beginning July 1, 2008, the Director of the Address
Confidentiality Program shall cease to be a position within the
Office of the Secretary of State. All unexpended funds, property,
records, personnel, and outstanding financial obligations and
encumbrances related to the position and the Office of Address
Confidentiality Program with the Office of the Secretary of State
shall be transferred to the Office of the Attorney General. All
personnel shall retain their employment position and status as
unclassified employees, any leave, sick and annual time earned, and
any retirement and longevity benefits which have accrued during
tenure with the Office of the Secretary of State.
Added by Laws 2002, c. 415, § 1, eff. Nov. 1, 2002. Amended by Laws
2008, c. 66, § 1, eff. July 1, 2008.
NOTE: Editorially renumbered from § 60.13 of this title to avoid a
duplication in numbering.
§22-60.15. Repealed by Laws 2010, c. 135, § 17, eff. Nov. 1, 2010,
without reference to amendment by Laws 2010, c. 116, § 5, eff. Nov.
1, 2010. That text would have read as follows:
Upon the preliminary investigation of any crime involving
domestic abuse, rape, forcible sodomy or stalking, it shall be
the duty of the first peace officer who interviews the victim of
the domestic abuse, rape, forcible sodomy or stalking to inform
the victim of the twenty-four-hour statewide telephone
communication service established by Section 18p-5 of Title 74
of the Oklahoma Statutes and to give notice to the victim of
certain rights. The notice shall consist of handing such victim
the following statement:
0"* "".$! "!.! "478
"As a victim of domestic abuse, rape, forcible sodomy or
stalking you have certain rights. These rights are as follows:
1. The right to request that charges be pressed against
your assailant;
2. The right to request protection from any harm or threat
of harm arising out of your cooperation with law enforcement and
prosecution efforts as far as facilities are available and to be
provided with information on the level of protection available;
3. The right to be informed of financial assistance and
other social services available as a result of being a victim,
including information on how to apply for the assistance and
services; and
4. The right to file a petition for a protective order or,
when the domestic abuse occurs when the court is not open for
business, to request an emergency temporary protective order."
§22-60.16. Domestic abuse victims not to be discouraged from
pressing charges - Warrantless arrests of certain persons - Emergency
temporary order of protection.
A. A peace officer shall not discourage a victim of domestic
abuse from pressing charges against the assailant of the victim.
B. 1. A peace officer may arrest without a warrant a person
anywhere, including a place of residence, 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.
2. An arrest, when made pursuant to this section, shall be based
on an investigation by the peace officer of the circumstances
surrounding the incident, past history of violence between the
parties, statements of any children present in the residence, and any
other relevant factors. A determination by the peace officer shall
be made pursuant to the investigation as to which party is the
dominant aggressor in the situation. A peace officer may arrest the
dominant aggressor.
C. When the court is not open for business, the victim of
domestic abuse may request a petition for an emergency temporary
order of protection. The peace officer making the preliminary
investigation shall:
1. Provide the victim with a petition for an emergency temporary
order of protection and, if necessary, assist the victim in
completing the petition form. The petition shall be in substantially
the same form as provided by Section 60.2 of this title for a
petition for protective order;
2. Immediately notify, by telephone or otherwise, a judge of the
district court of the request for an emergency temporary order of
protection and describe the circumstances. The judge shall inform
0"* "".$! "!.! "479
the peace officer of the decision to approve or disapprove the
emergency temporary order;
3. Inform the victim whether the judge has approved or
disapproved the emergency temporary order. If an emergency temporary
order has been approved, the officer shall provide the victim, or a
responsible adult if the victim is a minor child or an incompetent
person, with a copy of the petition and a written statement signed by
the officer attesting that the judge has approved the emergency
temporary order of protection and notify the victim that the
emergency temporary order shall be effective only until the close of
business on the next day that the court is open for business;
4. Notify the person subject to the emergency temporary
protection order of the issuance and conditions of the order.
Notification pursuant to this paragraph may be made personally by the
officer or in writing. A copy of the petition and the statement of
the officer attesting to the order of the judge shall be made
available to such person; and
5. File a copy of the petition and the statement of the officer
with the district court of the county immediately upon the opening of
the court on the next day the court is open for business.
D. The forms utilized by law enforcement agencies in carrying
out the provisions of this section may be substantially similar to
those used under Section 60.2 of this title.
Added by Laws 2002, c. 466, § 6, emerg. eff. June 5, 2002. Amended
by Laws 2004, c. 516, § 3, eff. July 1, 2005.
NOTE: Editorially renumbered from § 60.14 of Title 22 to avoid a
duplication in numbering.
§22-60.17. Consideration of certain victims' safety prior to release
of defendant on bond - Emergency protective and restraining orders -
GPS monitoring.
The court shall consider the safety of any and all alleged
victims of domestic violence, stalking, harassment, sexual assault,
or forcible sodomy where the defendant is alleged to have violated a
protective order, committed domestic assault and battery, stalked,
sexually assaulted, or forcibly sodomized the alleged victim or
victims prior to the release of the alleged defendant from custody on
bond. The court, after consideration and to ensure the safety of the
alleged victim or victims, may issue an emergency protective order
pursuant to the Protection from Domestic Abuse Act. The court may
also issue to the alleged victim or victims an order restraining the
alleged defendant from any activity or action from which they may be
restrained under the Protection from Domestic Abuse Act. The court
shall not consider a "no contact order as condition of bond" as a
factor when determining whether the petitioner is eligible for
relief. The protective order shall remain in effect until either a
plea has been accepted, sentencing has occurred in the case, the case
0"* "".$! "!.! "48:
has been dismissed, or until further order of the court dismissing
the protective order. In conjunction with any protective order or
restraining order authorized by this section, the court may order the
defendant to use an active, real-time, twenty-four-hour Global
Positioning System (GPS) monitoring device for such term as the court
deems appropriate. Upon application of the victim, the court may
authorize the victim to monitor the location of the defendant. Such
monitoring by the victim shall be limited to the ability of the
victim to make computer or cellular inquiries to determine if the
defendant is within a specified distance of locations, excluding the
residence or workplace of the defendant, or to receive a computer- or
a cellular-generated signal if the defendant comes within a specified
distance of the victim. The court shall conduct an annual review of
the monitoring order to determine if such order to monitor the
location of the defendant is still necessary. Before the court
orders the use of a GPS device, the court shall find that the
defendant has a history that demonstrates an intent to commit
violence against the victim, including, but not limited to, prior
conviction for an offense under the Protection from Domestic Abuse
Act or any other violent offense, or any other evidence that shows by
a preponderance of the evidence that the defendant is likely to
commit violence against the victim. The court may further order the
defendant to pay costs and expenses related to the GPS device and
monitoring.
Added by Laws 2004, c. 516, § 4, eff. July 1, 2005. Amended by Laws
2008, c. 114, § 2, eff. Nov. 1, 2008; Laws 2010, c. 346, § 1, eff.
Nov. 1, 2010; Laws 2019, c. 113, § 6, eff. Nov. 1, 2019.
§22-60.18. Expungement of victim protective orders.
A. Persons authorized to file a motion for expungement of victim
protective orders (VPOs) issued pursuant to the Protection from
Domestic Abuse Act in this state must be within one of the following
categories:
1. An ex parte order was issued to the plaintiff but later
terminated due to dismissal of the petition before the full hearing,
or denial of the petition upon full hearing, or failure of the
plaintiff to appear for full hearing, and at least ninety (90) days
have passed since the date set for full hearing;
2. The plaintiff filed an application for a victim protective
order and failed to appear for the full hearing and at least ninety
(90) days have passed since the date last set by the court for the
full hearing, including the last date set for any continuance,
postponement or rescheduling of the hearing;
3. The plaintiff or defendant has had the order vacated and
three (3) years have passed since the order to vacate was entered; or
4. The plaintiff or defendant is deceased.
B. For purposes of this section:
0"* "".$! "!.! "48
1. “Expungement” means the sealing of victim protective order
(VPO) court records from public inspection, but not from law
enforcement agencies, the court or the district attorney;
2. “Plaintiff” means the person or persons who sought the
original victim protective order (VPO) for cause; and
3. “Defendant” means the person or persons to whom the victim
protective order (VPO) was directed.
C. 1. Any person qualified under subsection A of this section
may petition the district court of the district in which the
protective order pertaining to the person is located for the
expungement and sealing of the court records from public inspection.
The face of the petition shall state whether the defendant in the
protective order has been convicted of any violation of the
protective order and whether any prosecution or complaint is pending
in this state or any other state for a violation or alleged violation
of the protective order that is sought to be expunged. The petition
shall further state the authority pursuant to subsection A of this
section for eligibility for requesting the expungement. The other
party to the protective order shall be mailed a copy of the petition
by certified mail within ten (10) days of filing the petition. A
written answer or objection may be filed within thirty (30) days of
receiving the notice and petition.
2. Upon the filing of a petition, the court shall set a date for
a hearing and shall provide at least a thirty-day notice of the
hearing to all parties to the protective order, the district
attorney, and any other person or agency whom the court has reason to
believe may have relevant information related to the sealing of the
victim protective order (VPO) court record.
3. Without objection from the other party to the victim
protective order (VPO) or upon a finding that the harm to the privacy
of the person in interest or dangers of unwarranted adverse
consequences outweigh the public and safety interests of the parties
to the protective order in retaining the records, the court may order
the court record, or any part thereof, to be sealed from public
inspection. Any order entered pursuant to this section shall not
limit or restrict any law enforcement agency, the district attorney
or the court from accessing said records without the necessity of a
court order. Any order entered pursuant to this subsection may be
appealed by any party to the protective order or by the district
attorney to the Oklahoma Supreme Court in accordance with the rules
of the Oklahoma Supreme Court.
4. Upon the entry of an order to expunge and seal from public
inspection a victim protective order (VPO) court record, or any part
thereof, the subject official actions shall be deemed never to have
occurred, and the persons in interest and the public may properly
reply, upon any inquiry in the matter, that no such action ever
occurred and that no such record exists with respect to the persons.
0"* "".$! "!.! "48
5. Inspection of the protective order court records included in
the expungement order issued pursuant to this section may thereafter
be permitted only upon petition by the persons in interest who are
the subjects of the records, or without petition by the district
attorney or a law enforcement agency in the due course of
investigation of a crime.
6. Employers, educational institutions, state and local
government agencies, officials, and employees shall not require, in
any application or interview or otherwise, an applicant to disclose
any information contained in sealed protective order court records.
An applicant need not, in answer to any question concerning the
records, provide information that has been sealed, including any
reference to or information concerning the sealed information and may
state that no such action has ever occurred. The application may not
be denied solely because of the refusal of the applicant to disclose
protective order court records information that has been sealed.
7. The provisions of this section shall apply to all protective
order court records existing in the district courts of this state on,
before and after the effective date of this section.
8. Nothing in this section shall be construed to authorize the
physical destruction of any court records, except as otherwise
provided by law for records no longer required to be maintained by
the court.
9. For the purposes of this section, sealed materials which are
recorded in the same document as unsealed material may be recorded in
a separate document, and sealed, then obliterated in the original
document.
10. For the purposes of this act, district court index reference
of sealed material shall be destroyed, removed or obliterated.
11. Any record ordered to be sealed pursuant to this section may
be obliterated or destroyed at the end of the ten-year period.
12. Nothing herein shall prohibit the introduction of evidence
regarding actions sealed pursuant to the provisions of this section
at any hearing or trial for purposes of impeaching the credibility of
a witness or as evidence of character testimony pursuant to Section
2608 of Title 12 of the Oklahoma Statutes.
Added by Laws 2005, c. 113, § 1, eff. Nov. 1, 2005.
§22-60.19. Emergency protective order - Confidentiality.
In proceedings before the court pursuant to Title 10A of the
Oklahoma Statutes in which a child is alleged to be deprived, the
court, after consideration and to ensure the safety of any child
brought into state custody, may issue against the alleged perpetrator
of abuse an emergency protective order pursuant to the Protection
from Domestic Abuse Act at the emergency custody hearing or after a
petition has been filed alleging that a child has been physically or
sexually abused. The protective order shall remain in effect until
0"* "".$! "!.! "48+
the case has been dismissed or until further order of the court. All
emergency protective orders issued by the court pursuant to this
section shall remain confidential and shall not be open to the
general public; provided, however, copies of the emergency protective
order shall be provided to any law enforcement agency designated by
the court to effect service upon the defendant.
Added by Laws 2011, c. 102, § 2, eff. Nov. 1, 2011.
§22-60.20. Domestic violence, substance abuse, addiction and mental
health training.
The Administrative Office of the Courts shall provide annual
domestic violence, substance abuse, addiction and mental health
educational training for members of the judiciary. Subject to
available funding, curriculum for training required under this
section shall include, but not be limited to:
1. Dynamics of domestic violence;
2. The impact of domestic violence on victims and their children
including trauma and the neurobiology of trauma;
3. Identifying dominant aggressor;
4. Tactics and behavior of batterers;
5. Victim protection orders and full faith and credit under the
Violence Against Women Act of 1994;
6. Rights of victims; and
7. Evidence-based practices regarding behavioral health and
treatment of those with substance abuse or mental health needs.
Added by Laws 2013, c. 198, § 4, eff. Nov. 1, 2013. Amended by Laws
2017, c. 351, § 3, eff. Nov. 1, 2017.
§22-60.21. Short title.
This act shall be known and may be cited as the “Uniform
Interstate Enforcement of Domestic Violence Protection Orders Act”.
Added by Laws 2008, c. 76, § 1, eff. Nov. 1, 2008.
§22-60.22. Definitions.
As used in the Uniform Interstate Enforcement of Domestic
Violence Protection Orders Act:
1. “Foreign protection order” means a protection order issued by
a tribunal of another state;
2. “Issuing state” means the state whose tribunal issues a
protection order;
3. “Mutual foreign protection order” means a foreign protection
order that includes provisions in favor of both the protected
individual seeking enforcement of the order and the respondent;
4. “Protected individual” means an individual protected by a
protection order;
5. “Protection order” means an injunction or other order, issued
by a tribunal under the domestic violence, family violence, or anti-
0"* "".$! "!.! "48-
stalking laws of the issuing state, to prevent an individual from
engaging in violent or threatening acts against, harassment of,
contact or communication with, or physical proximity to, another
individual;
6. “Respondent” means the individual against whom enforcement of
a protection order is sought;
7. “State” means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States. The term includes an Indian tribe or band that has
jurisdiction to issue protection orders; and
8. “Tribunal” means a court, agency, or other entity authorized
by law to issue or modify a protection order.
Added by Laws 2008, c. 76, § 2, eff. Nov. 1, 2008.
§22-60.23. Judicial enforcement of foreign protection order.
A. A person authorized by the law of this state to seek
enforcement of a protection order may seek enforcement of a valid
foreign protection order in a tribunal of this state. The tribunal
shall enforce the terms of the order, including terms that provide
relief that a tribunal of this state would lack power to provide but
for this section. The tribunal shall enforce the order, whether the
order was obtained by independent action or in another proceeding, if
it is an order issued in response to a complaint, petition, or motion
filed by or on behalf of an individual seeking protection. In a
proceeding to enforce a foreign protection order, the tribunal shall
follow the procedures of this state for the enforcement of protection
orders.
B. A tribunal of this state may not enforce a foreign protection
order issued by a tribunal of a state that does not recognize the
standing of a protected individual to seek enforcement of the order.
C. A tribunal of this state shall enforce the provisions of a
valid foreign protection order which govern custody and visitation,
if the order was issued in accordance with the jurisdictional
requirements governing the issuance of custody and visitation orders
in the issuing state.
D. A foreign protection order is valid if it:
1. Identifies the protected individual and the respondent;
2. Is currently in effect;
3. Was issued by a tribunal that had jurisdiction over the
parties and subject matter under the law of the issuing state; and
4. Was issued after the respondent was given reasonable notice
and had an opportunity to be heard before the tribunal issued the
order or, in the case of an order ex parte, the respondent was given
notice and has had or will have an opportunity to be heard within a
reasonable time after the order was issued, in a manner consistent
with the rights of the respondent to due process.
0"* "".$! "!.! "482
E. A foreign protection order valid on its face is prima facie
evidence of its validity.
F. Absence of any of the criteria for validity of a foreign
protection order is an affirmative defense in an action seeking
enforcement of the order.
G. A tribunal of this state may enforce provisions of a mutual
foreign protection order which favor a respondent only if:
1. The respondent filed a written pleading seeking a protection
order from the tribunal of the issuing state; and
2. The tribunal of the issuing state made specific findings in
favor of the respondent.
Added by Laws 2008, c. 76, § 3, eff. Nov. 1, 2008.
§22-60.24. Nonjudicial enforcement of foreign protection order.
A. A law enforcement officer of this state, upon determining
that there is probable cause to believe that a valid foreign
protection order exists and that the order has been violated, shall
enforce the order as if it were the order of a tribunal of this
state. Presentation of a protection order that identifies both the
protected individual and the respondent and, on its face, is
currently in effect constitutes probable cause to believe that a
valid foreign protection order exists. For the purposes of this
section, the protection order may be inscribed on a tangible medium
or may have been stored in an electronic or other medium if it is
retrievable in perceivable form. Presentation of a certified copy of
a protection order is not required for enforcement.
B. If a foreign protection order is not presented, a law
enforcement officer of this state may consider other information in
determining whether there is probable cause to believe that a valid
foreign protection order exists.
C. If a law enforcement officer of this state determines that an
otherwise valid foreign protection order cannot be enforced because
the respondent has not been notified or served with the order, the
officer shall inform the respondent of the order, make a reasonable
effort to serve the order upon the respondent, and allow the
respondent a reasonable opportunity to comply with the order before
enforcing the order.
D. Registration or filing of an order in this state is not
required for the enforcement of a valid foreign protection order
pursuant to this act.
Added by Laws 2008, c. 76, § 4, eff. Nov. 1, 2008.
§22-60.25. Registration of foreign orders - Certified copy -
Inaccurate orders - Affidavits - Fee.
A. Any individual may register a foreign protection order in
this state. To register a foreign protection order, an individual
shall:
0"* "".$! "!.! "485
1. Present a certified copy of the order to the Secretary of
State; or
2. Present a certified copy of the order to a law enforcement
officer and request that the order be registered with the Secretary
of State.
B. Upon receipt of a foreign protection order, the Secretary of
State shall register the order in accordance with this section.
After the order is registered, the Secretary of State shall furnish
to the individual registering the order a certified copy of the
registered order.
C. The Secretary of State shall register an order upon
presentation of a copy of a protection order which has been certified
by the issuing state. A registered foreign protection order that is
inaccurate or is not currently in effect must be corrected or removed
from the registry in accordance with the law of this state.
D. An individual registering a foreign protection order shall
file an affidavit by the protected individual stating that, to the
best of the protected individual’s knowledge, the order is currently
in effect.
E. A foreign protection order registered under this act may be
entered in any existing state or federal registry of protection
orders, in accordance with applicable law.
F. A fee may not be charged for the registration of a foreign
protection order.
Added by Laws 2008, c. 76, § 5, eff. Nov. 1, 2008.
§22-60.26. Immunity from liability.
This state or a local governmental agency, or a law enforcement
officer, prosecuting attorney, clerk of court, or any state or local
governmental official acting in an official capacity, is immune from
civil and criminal liability for an act or omission arising out of
the registration or enforcement of a foreign protection order or the
detention or arrest of an alleged violator of a foreign protection
order if the act or omission was done in good faith in an effort to
comply with this act.
Added by Laws 2008, c. 76, § 6, eff. Nov. 1, 2008.
§22-60.27. Remedies.
A protected individual who pursues remedies under this act is not
precluded from pursuing other legal or equitable remedies against the
respondent.
Added by Laws 2008, c. 76, § 7, eff. Nov. 1, 2008.
§22-60.28. Uniformity of application and construction.
In applying and construing this act, consideration must be given
to the need to promote uniformity of the law with respect to its
subject matter among states that enact it.
0"* "".$! "!.! "487
Added by Laws 2008, c. 76, § 8, eff. Nov. 1, 2008.
§22-60.29. Application to orders issued before November 1, 2008.
This act applies to protection orders issued before November 1,
2008, and to continuing actions for enforcement of foreign protection
orders commenced before November 1, 2008. A request for enforcement
of a foreign protection order made on or after November 1, 2008, for
violations of a foreign protection order occurring before November 1,
2008, is governed by this act.
Added by Laws 2008, c. 76, § 9, eff. Nov. 1, 2008.
§22-60.30. Integrated domestic violence docket pilot program.
Beginning on January 1, 2016, the Administrative Office of the
Courts shall administer a five-year pilot program in any county with
a population exceeding five hundred thousand (500,000), which may
consist of implementation of an Integrated Domestic Violence Docket
to combine, where appropriate, proceedings related to divorce, child
custody, domestic violence, protective orders, and criminal and
juvenile court cases.
Added by Laws 2015, c. 389, § 1, eff. Nov. 1, 2015.
§22-60.31. Family justice centers.
Beginning on January 1, 2016, any governmental entity in a county
that receives sufficient funds to implement such program may
establish a family justice center to assist victims of domestic
violence, sexual assault, elder or dependent adult abuse and stalking
to ensure that victims of abuse are able to access all needed
services in one location in order to enhance victim safety and
increase offender accountability. Family justice centers shall
comply with all applicable laws and regulations of this state, and
may include, but not be limited to, the participation of law
enforcement, the prosecuting authority, and an Attorney General
certified victim services agency.
Added by Laws 2015, c. 389, § 2, eff. Nov. 1, 2015.
§22-61. Domestic violence court program.
A. Subject to the availability of funds, any district or
municipal court of record of this state may establish and maintain a
domestic violence court program pursuant to the provisions of this
section.
B. For purposes of this section, "domestic violence court" means
a specialized judicial process for domestic matters both civil and
criminal in nature that arise out of the same family or domestic
circumstance.
C. The presiding judge of a district or municipal court of
record may appoint an individual judge to preside over related
criminal, family and matrimonial matters that arise in the context of
0"* "".$! "!.! "488
domestic violence. Criminal domestic violence charges, protective
orders and any actions for divorce, separate maintenance,
guardianship, adoption or any other proceeding involving custody or
visitation between the same parties may be presented to the domestic
violence court.
D. The Administrative Office of the Courts may promulgate rules,
procedures and forms necessary to implement a domestic violence court
to ensure statewide uniformity.
Added by Laws 2017, c. 257, § 2, eff. Nov. 1, 2017.
§22-70. Use of Force for the Protection of the Unborn Act.
This act may be known and shall be cited as the "Use of Force for
the Protection of the Unborn Act".
Added by Laws 2009, c. 61, § 1, eff. Nov. 1, 2009.
§22-71. Legislative findings.
The Legislature finds that:
1. Violence and abuse are often higher during pregnancy than
during any other time in a woman’s lifetime;
2. Women are more likely to suffer increased abuse as a result
of unintended pregnancies;
3. Younger women are at a higher risk for pregnancy-associated
homicide;
4. A pregnant or recently pregnant woman is more likely to be a
victim of homicide than to die of any other cause;
5. Homicide and other violent crimes are the leading causes of
death for women of reproductive age;
6. Husbands, ex-husbands or boyfriends are often the
perpetrators of pregnancy-associated homicide or violence;
7. Moreover, when husbands, ex-husbands or boyfriends are
involved, the violence is often directed at the unborn child and/or
intended to end or jeopardize the pregnancy; and
8. Violence against a pregnant woman puts the life and bodily
integrity of both the pregnant woman and the unborn child at risk.
Added by Laws 2009, c. 61, § 2, eff. Nov. 1, 2009.
§22-72. Definitions.
As used in this section:
1. "Another" means a person other than the pregnant woman;
2. "Deadly force" means force which, under the circumstances in
which it is used, is readily capable of causing death or serious
physical harm;
3. "Force" means violence, compulsion, or constraint exerted
upon or against another;
4. "Embryo" means a human embryo as defined in Section 1-728.1
of Title 63 of the Oklahoma Statutes;
0"* "".$! "!.! "489
5. "Pregnant" means the female reproductive condition of having
an unborn child in the woman’s body;
6. "Unborn child" means the offspring of human beings from
conception until birth; and
7. "Unlawful force" means force which is employed without the
consent of the pregnant woman and which constitutes an offense under
the criminal laws of this state or an actionable tort.
Added by Laws 2009, c. 61, § 3, eff. Nov. 1, 2009.
§22-73. Deadly force to protect unborn justified - Circumstances.
A. A pregnant woman is justified in using force or deadly force
against another to protect her unborn child if:
1. Under the circumstances as the pregnant woman reasonably
believes them to be, she would be justified in using force or deadly
force to protect herself against the unlawful force or unlawful
deadly force she reasonably believes to be threatening her unborn
child; and
2. She reasonably believes that her intervention and use of
force or deadly force are immediately necessary to protect her unborn
child.
B. This affirmative defense to criminal liability does not apply
to:
1. Acts committed by anyone other than the pregnant woman;
2. Acts where the pregnant woman would be obligated to retreat,
to surrender the possession of a thing, or to comply with a demand
before using force in self-defense. However, the pregnant woman is
not obligated to retreat before using force or deadly force to
protect her unborn child, unless she knows that she can thereby
secure the complete safety of her unborn child; or
3. The defense of human embryos existing outside of a woman’s
body.
Added by Laws 2009, c. 61, § 4, eff. Nov. 1, 2009.
§22-91. Officer may command assistance.
When a sheriff or other public officer authorized to execute
process, finds, or has reason to apprehend that resistance will be
made to the execution of the process, he may command as many male
inhabitants of his county as he may think proper, and may in manner
and form as provided by law, and not otherwise, call any military
company or companies in the county, armed and equipped, to assist him
in overcoming the resistance, and if necessary, in seizing, arresting
and confining the resisters and their aiders and abettors, to be
punished according to law.
R.L.1910, § 5580.
§22-92. Officer must report names of resisters.
0"* "".$! "!.! "49:
The officer must certify to the court from which the process is
issued, the names of the resisters and their aiders and abettors, to
the end that they may be proceeded against for contempt.
R.L.1910, § 5581.
§22-93. Refusal to assist officer a misdemeanor.
Every person commanded by a public officer to assist him in the
execution of a process, as provided in Section 5580, who, without
lawful cause, refuses or neglects to obey the commands, is guilty of
a misdemeanor.
R.L.1910, § 5582.
§22-94. Assistance from other counties.
If it appears to the Governor that the power of the county is not
sufficient to enable the sheriff to execute process delivered to him,
or to suppress riots and to preserve the peace, he must, on the
application of the sheriff, or the judge, of any court of record of
such county, order such a force from any other county or counties as
is necessary, and all persons so ordered or summoned by the Governor
or acting Governor, are required to attend and act; and any such
persons who, without lawful cause, refuse or neglect to obey the
command, are guilty of a misdemeanor.
R.L.1910, § 5583.
§22-95. Governor to furnish military force, when.
Under the facts and circumstances mentioned in the last section,
and when the civil power of the county is not deemed sufficient, it
shall be the duty of the Governor to furnish a military force
sufficient to execute the laws and to prevent resistance thereto, to
suppress riots, execute process and preserve the peace.
R.L.1910, § 5584.
§22-101. Unlawful assemblage.
Where any number of persons, whether armed or not, are unlawfully
or riotously assembled, the sheriff and his deputies, the officials
governing the city or town, or the justices of the peace and marshals
and constables and police thereof, or any of them, must go among the
persons assembled, or as near to them as possible, and command them
in the name of the state, immediately to disperse.
R.L.1910, § 5585.
§22-102. Proceedings if assembly does not disperse - Commanding aid
of others.
If the persons assembled do not immediately disperse, the
magistrates and officers must arrest them or cause them to be
arrested, that they may be punished according to law, and for that
0"* "".$! "!.! "49
purpose may command the aid of all persons present or within the
county.
R.L.1910, § 5586.
§22-103. Refusal to assist.
If a person so commanded to aid the magistrates or officers
neglect to do so he is deemed one of the rioters and is punishable
accordingly.
R.L.1910, § 5587.
§22-104. Neglect of officer respecting unlawful assembly a
misdemeanor.
If a magistrate or officer having notice of an unlawful or riotous
assembly mentioned in Section 5585 neglect to proceed to the place of
the assembly, or as near thereto as he can with safety, and to
exercise the authority with which he is invested for suppressing the
same and arresting the offenders, he is guilty of a misdemeanor.
R.L.1910, § 5588.
§22-105. Officers may disperse assembly and arrest offenders -
Commanding aid.
If the persons assembled and commanded to disperse do not
immediately disperse, any two of the magistrates or officers
mentioned in Section 5585, may command the aid of a sufficient number
of persons, and may proceed in such manner as in their judgment is
necessary, to disperse the assembly and arrest the offenders.
R.L.1910, § 5589.
§22-106. Precautions before endangering life.
Every endeavor must be used, both by the magistrate and civil
officers, and by the officer commanding the troops, which can be made
consistently with the preservation of life, to induce or force the
rioters to disperse before an attack is made upon them by which their
lives may be endangered.
R.L.1910, § 5590.
§22-107. Offenses during riot or insurrection.
A person who, after the publication of a proclamation by the
Governor or acting Governor, or who, after lawful notice as aforesaid
to disperse and retire, resists or aids in resisting the execution of
process in a county declared to be in a state of riot or
insurrection, or who aids or attempts the rescue or escape of another
from lawful custody or confinement, or who resists or aids in
resisting a force ordered out by the Governor or any civil officer as
aforesaid, to quell or suppress an insurrection or riot, is guilty of
a felony, and is punishable by imprisonment in the state prison for
not less than two (2) years.
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R.L. 1910, § 5591. Amended by Laws 1997, c. 133, § 436, eff. July 1,
1999; Laws 1999, 1st Ex.Sess., c. 5, § 320, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 436 from July 1, 1998, to July 1, 1999.
§22-111. Creation - Staff.
Each district attorney shall create within his office a Bogus
Check Restitution Program and assign sufficient staff and resources
for the efficient operation of said program.
Added by Laws 1982, c. 93, § 1, operative Oct. 1, 1982.
§22-112. Referral of complaints - Guidelines.
A. Referral of a bogus check complaint to the Bogus Check
Restitution Program shall be at the discretion of the district
attorney. This act shall not limit the power of the district
attorney to prosecute bogus check complaints.
B. Upon receipt of a bogus check complaint, the district
attorney shall determine if the complaint is one which is appropriate
to be referred to the Bogus Check Restitution Program.
C. In determining whether to refer a case to the Bogus Check
Restitution Program, the district attorney shall consider the
following guidelines:
1. The amount of the bogus check;
2. If there is a prior criminal record of the defendant;
3. The number of bogus check complaints against the defendant
previously received by the district attorney;
4. Whether or not there are other bogus check complaints
currently pending against the defendant; and
5. The strength of the evidence of intent to defraud the victim.
Added by Laws 1982, c. 93, § 2, operative Oct. 1, 1982.
§22-113. Notice of complaint.
A. Upon referral of a complaint to the Bogus Check Restitution
Program, a notice of the complaint shall be forwarded by mail to the
defendant.
B. The notice shall contain:
1. The date and amount of the check;
2. The name of the payee;
3. The date before which the defendant must contact the office
of the district attorney concerning the complaint; and
4. A statement of the penalty for obtaining money, merchandise
or services by means of a false and bogus check.
Added by Laws 1982, c. 93, § 3, operative Oct. 1, 1982.
§22-114. Restitution agreements.
A. The district attorney may enter into a written restitution
agreement with the defendant to defer prosecution on a false or bogus
0"* "".$! "!.! "49+
check for a period to be determined by the district attorney, not to
exceed three (3) years, pending restitution being made to the victim
of the bogus check as provided in this section.
B. Each restitution agreement shall include a provision
requiring the defendant to pay to the victim a Twenty-five Dollar
($25.00) fee and to the district attorney a fee equal to the amount
which would have been assessed as court costs upon filing of the case
in district court plus Twenty-five Dollars ($25.00) for each check
covered by the restitution agreement; provided, every check in an
amount of Fifty Dollars ($50.00) or more shall require a separate fee
to be paid to the district attorney in an amount equal to the amount
which would be assessed as court costs for the filing of a felony
case in district court plus Twenty-five Dollars ($25.00). This money
shall be deposited in a special fund with the county treasurer to be
known as the "Bogus Check Restitution Program Fund". This fund shall
be used by the district attorney to defray any lawful expense of the
district attorney’s office. The district attorney shall keep records
of all monies deposited to and disbursed from this fund. The records
of the fund shall be audited at the same time the records of county
funds are audited.
C. Restitution paid by the defendant to the victim shall include
the face amount of the check plus any charges the victim may have
been required to pay to a bank as the result of having received the
bogus check. If, instead of paying restitution directly to the
victim, the defendant delivers restitution funds to the office of the
district attorney, the district attorney shall deposit such funds in
a depository account in the office of the county treasurer to be
disbursed to the victim by a warrant signed by the district attorney
or a member of the staff assigned to the Bogus Check Restitution
Program. The district attorney shall keep full records of all
restitution monies received and disbursed. These records shall be
audited at the same time the county funds are audited.
D. Restitution paid by the defendant to the Oklahoma Tax
Commission shall include the face amount of the check plus the
administrative service fee authorized pursuant to Section 218 of
Title 68 of the Oklahoma Statutes. If the defendant delivers such
restitution funds to the office of the district attorney instead of
paying restitution directly to the Tax Commission, the district
attorney shall deposit such funds in a depository account in the
office of the county treasurer to be disbursed to the Tax Commission
by warrant signed by the district attorney or a member of the staff
assigned to the Bogus Check Restitution Program or shall transmit the
restitution funds directly to the Tax Commission.
E. If the defendant fails to comply with the restitution
agreement, the district attorney may file an information and proceed
with the prosecution of the defendant as provided by law.
0"* "".$! "!.! "49-
F. The victim may authorize an administrative service fee to be
paid by such victim to the district attorney or other third-party
vendor to facilitate electronic transfer of checks to the Bogus Check
Restitution Program.
G. The district attorney is authorized to contract for a per-
item fee with a third-party vendor to facilitate electronic transfer
of checks into the Bogus Check Restitution Program.
Added by Laws 1982, c. 93, § 4, operative Oct. 1, 1982. Amended by
Laws 1986, c. 218, § 1, emerg. eff. June 9, 1986; Laws 2001, c. 18, §
1, eff. July 1, 2001; Laws 2001, c. 437, § 15, eff. July 1, 2001;
Laws 2006, c. 293, § 1, eff. July 1, 2006; Laws 2007, c. 358, § 3,
eff. July 1, 2007.
NOTE: Laws 2007, c. 199, § 2 repealed by Laws 2008, c. 3, § 18,
emerg. eff. Feb. 28, 2008.
§22-115. District attorney's staff to perform certain duties.
Members of the district attorney's staff shall perform duties in
connection with the Bogus Check Restitution Program in addition to
any other duties which are assigned by the district attorney.
Added by Laws 1982, c. 93, § 5, operative Oct. 1, 1982.
§22-116. Annual reports.
A. District attorneys shall prepare and submit an annual report
to the District Attorneys Council showing total deposits and total
expenditures in the Bogus Check Restitution Program.
B. By September 15 of each year, the District Attorneys Council
shall publish an annual report for the previous fiscal year of the
Bogus Check Restitution Program. A copy of the report shall be
distributed to the President Pro Tempore of the Senate and the
Speaker of the Oklahoma House of Representatives and the chairmen of
the House and Senate Appropriations Committees. Each district
attorney shall submit information requested by the District Attorneys
Council regarding the Bogus Check Restitution Program. This report
shall include the number of checks processed and the total dollar
amount of such checks, the number of checks for which some
restitution was made and the total amount of the restitution, the
total amount of fees collected, the total cost of the program, and
such other information as required by the District Attorneys Council.
The report shall provide totals by county and district.
Added by Laws 1988, c. 254, § 11, operative July 1, 1988. Amended by
Laws 1994, c. 295, § 4, eff. July 1, 1994.
§22-121. Offenses commenced outside and consummated within the
state.
When the commission of a public offense, commenced without this
state, is consummated within its boundaries, the defendant is liable
to punishment therefor in this state, though the defendant were out
0"* "".$! "!.! "492
of this state at the time of the commission of the offense charged if
the defendant consummated it in this state through the intervention
of an innocent or guilty agent, or by any other means proceeding
directly from the defendant, including the use of any technology,
telephone, computer, or cyberspace device or application; and in such
case, the jurisdiction is in the county in which the offense is
consummated.
R.L.1910, § 5609. Amended by Laws 2002, c. 97, § 1, emerg. eff.
April 17, 2002.
§22-122. Jurisdiction in case of death from duel outside state.
When an inhabitant or resident of this state, by previous
appointment or engagement, fights a duel, or is concerned as second
therein, out of the jurisdiction of this state, and in the duel a
wound is inflicted upon a person, whereof he dies in this state, the
jurisdiction of the offense is in the county where the death
happened.
R.L.1910, § 5610.
§22-123. Evasion of statutes relative to dueling and challenges,
jurisdiction.
When an inhabitant of this state shall have left the same for the
purpose of evading the operation of the provisions of the statutes
relating to dueling and challenges to fight, with the intent or for
the purpose of doing any of the acts prohibited therein, the
jurisdiction is in the county of which the offender was an inhabitant
when the offense was committed, or in any county in which, in the
opinion of the Governor, the evidence can be most conveniently
obtained and produced, to be designated by him by written
appointment, filed in the office of the clerk of the court of that
county.
R.L.1910, § 5611.
§22-124. Offense committed in two counties.
When a public offense is committed, partly in one county and
partly in another county, or the acts or effects thereof,
constituting or requisite to the offense, occur in two or more
counties, the jurisdiction is in either county.
R.L.1910, § 5612.
§22-125. Offense committed near boundary of county.
When a public offense is committed on the boundary of two or more
counties, or within five hundred (500) yards thereof, the
jurisdiction is in either county.
R.L.1910, § 5613.
§22-125.1. Venue for enforcement of Section 425 of Title 21.
0"* "".$! "!.! "495
Venue for criminal actions to enforce the provisions of Section 2
of this act, including criminal actions with respect to each of the
alleged offenses included within a pattern of criminal offenses, as
defined in Section 2 of this act, that have allegedly been committed,
attempted or conspired to be committed by a person or persons, shall
be in any county in which at least one alleged criminal offense has
occurred that constitutes part of the alleged pattern of criminal
offenses, it being the intent of this section that one district court
may have jurisdiction over all the conduct, persons and property
which are part of, or are directly related to, each and all of the
alleged criminal offenses forming part of the alleged pattern of
criminal offenses. It is discretionary, not mandatory, to bring all
criminal actions in one county when an alleged pattern of criminal
offenses involves two or more counties.
Added by Laws 2004, c. 292, § 1, emerg. eff. May 11, 2004.
§22-126. Kidnapping, enticing away children and similar offenses,
jurisdiction.
The jurisdiction of an indictment or information:
1. For forcibly and without lawful authority seizing and
confining another, or inveigling or kidnapping him, with intent,
against his will, to cause him to be secretly confined or imprisoned
in this state, or to be sent out of the state, or from one county to
another; or,
2. For decoying or taking or enticing away a child under the age
of twelve (12) years, with intent to detain and conceal it from its
parents, guardian, or other person having lawful charge of the child;
or,
3. For the inveigling, enticing, or taking away an unmarried
female of previous chaste character, under the age of twenty-one (21)
years for the purpose of prostitution; or,
4. For taking away any female under the age of sixteen (16)
years from her father, mother, guardian or other person having the
legal charge of her person without their consent either for the
purpose of concubinage or prostitution,
Is in any county in which the offense is committed or into or out
of which the person upon whom the offense was committed, may, in the
commission of the offense, have been brought or in which an act was
done by the defendant in instigating, procuring, promoting, aiding or
in being an accessory to the commission of the offense, or in
abetting the parties concerned therein.
R.L.1910, § 5614.
§22-128. Stolen property moved, jurisdiction.
When property taken in one county, by burglary, robbery, larceny,
or embezzlement, has been brought into another, the jurisdiction of
the offense is in either county. But if, before the beginning of the
0"* "".$! "!.! "497
trial of the defendant in the latter, he be indicted or information
be filed against him in the former county, the sheriff of the latter
must, upon demand, deliver him to the sheriff of the former county,
upon being served with a certified copy of the indictment or
information, and upon a receipt indorsed thereon by the sheriff of
the former county, of the delivery of the body of the defendant, and
is, on filing the copy of the indictment and the receipt, exonerated
from all liability in respect to the custody of the defendant.
R.L.1910, § 5616.
§22-129. Accessory, jurisdiction in case of.
In the case of an accessory in the commission of a public
offense, the jurisdiction is in the county where the offense of the
accessory was committed, notwithstanding the principal offense was
committed in another county.
R.L.1910, § 5617.
§22-130. Conviction or acquittal outside state or county a bar.
When an act charged as a public offense is within the
jurisdiction of another territory, county or state, as well as this
state, a conviction or acquittal thereof in the former is a bar to a
prosecution therefor in this state.
R.L.1910, § 5618.
§22-131. Conviction or acquittal in one county as bar to prosecution
in another.
When an offense is in the jurisdiction of two or more counties, a
conviction or acquittal thereof in one county is a bar to a
prosecution thereof in another.
R.L.1910, § 5619.
§22-132. Escape, jurisdiction of prosecution for.
The jurisdiction of a prosecution for escaping from prison is in
any county of the state.
R.L.1910, § 5620.
§22-133. Stealing property in another state - Receiving such stolen
property.
The jurisdiction of a prosecution for stealing in any state or
county, or other territory, the property of another, or receiving it,
knowing it to have been stolen, and bringing the same into this
state, is in any county into or through which such stolen property
has been brought.
R.L.1910, § 6136.
§22-134. Murder or manslaughter, jurisdiction in certain cases.
0"* "".$! "!.! "498
The jurisdiction of a prosecution for murder or manslaughter,
when the injury which caused the death was inflicted in one county,
and the party injured dies in another county, or out of the state, is
in the county where the injury was inflicted.
R.L.1910, § 5622.
§22-135. Principal not present, jurisdiction.
The jurisdiction of a prosecution against a principal in the
commission of a public offense, when such principal is not present at
the commission of the public offense, is in the same county as it
would be under this article, if he were so present and aiding and
abetting therein.
R.L.1910, § 5623.
§22-136. Acceptance of plea of guilty or nolo contendere upon waiver
of venue and consent thereto - Judgments.
If, in any criminal proceeding, the accused enters a plea of
guilty or nolo contendere and waives his venue rights by express
written waiver, and upon consent of the prosecuting attorneys of both
the disposition county and the originating venue county, any judge in
any district court is authorized to accept such plea for an offense
committed in any county charged by complaint, indictment, information
or other equivalent pleading, and may dispose of the offense or
offenses set out in such pleadings. An exemplified copy of the
judgment shall constitute a judgment on the merits in the case in the
court or courts of the originating venue county or counties.
Added by Laws 1985, c. 20, § 1, eff. Nov. 1, 1985.
§22-151. No limitation of prosecutions for murder.
There is no limitation of the time within which a prosecution for
murder must be commenced. It may be commenced at any time after the
death of the person killed.
R.L.1910, § 5624; Laws 1935, p. 20, § 1; Laws 1943, p. 84, § 1.
§22-152. Statute of limitations.
A. Prosecutions for the crimes of bribery, embezzlement of
public money, bonds, securities, assets or property of the state or
any county, school district, municipality or other subdivision
thereof, or of any misappropriation of public money, bonds,
securities, assets or property of the state or any county, school
district, municipality or other subdivision thereof, falsification of
public records of the state or any county, school district,
municipality or other subdivision thereof, and conspiracy to defraud
the State of Oklahoma or any county, school district, municipality or
other subdivision thereof in any manner or for any purpose shall be
commenced within seven (7) years after the discovery of the crime;
provided, however, prosecutions for the crimes of embezzlement or
0"* "".$! "!.! "499
misappropriation of public money, bonds, securities, assets or
property of any school district, including those relating to student
activity funds, or the crime of falsification of public records of
any independent school district, the crime of criminal conspiracy,
the crime of embezzlement pursuant to Sections 1451 through 1461 of
Title 21 of the Oklahoma Statutes, the crime of False Personation or
Identity Theft pursuant to Sections 1531 through 1533.3 of Title 21
of the Oklahoma Statutes, the financial exploitation of a vulnerable
adult pursuant to Sections 843.1, 843.3 and 843.4 of Title 21 of the
Oklahoma Statutes, or Medicaid fraud pursuant to Section 1005 of
Title 56 of the Oklahoma Statutes, shall be commenced within five (5)
years after the discovery of the crime.
B. Prosecutions for criminal violations of any state income tax
laws shall be commenced within five (5) years after the commission of
such violation.
C. 1. Prosecutions for sexual crimes against children,
specifically rape or forcible sodomy, sodomy, lewd or indecent
proposals or acts against children, involving minors in pornography
pursuant to Section 886, 888, 1111, 1111.1, 1113, 1114, 1021.2,
1021.3, 1040.12a or 1123 of Title 21 of the Oklahoma Statutes, child
abuse pursuant to Section 843.5 of Title 21 of the Oklahoma Statutes,
and child trafficking pursuant to Section 866 of Title 21 of the
Oklahoma Statutes shall be commenced by the forty-fifth birthday of
the alleged victim. Prosecutions for such crimes committed against
victims eighteen (18) years of age or older shall be commenced within
twelve (12) years after the discovery of the crime.
2. However, prosecutions for the crimes listed in paragraph 1 of
this subsection may be commenced at any time after the commission of
the offense if:
a. physical evidence is collected and preserved that is
capable of being tested to obtain a profile from
deoxyribonucleic acid (DNA), and
b. the identity of the offender is subsequently
established through the use of a DNA profile using
evidence listed in subparagraph a of this paragraph.
A prosecution under this exception must be commenced within three
(3) years from the date on which the identity of the suspect is
established by DNA testing.
D. Prosecutions for criminal violations of any provision of the
Oklahoma Wildlife Conservation Code shall be commenced within three
(3) years after the commission of such offense.
E. Prosecutions for the crime of criminal fraud or workers'
compensation fraud pursuant to Section 1541.1, 1541.2, 1662 or 1663
of Title 21 of the Oklahoma Statutes shall commence within three (3)
years after the discovery of the crime, but in no event greater than
seven (7) years after the commission of the crime.
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F. Prosecution for the crime of false or bogus check pursuant to
Section 1541.1, 1541.2, 1541.3 or 1541.4 of Title 21 of the Oklahoma
Statutes shall be commenced within five (5) years after the
commission of such offense.
G. Prosecution for the crime of solicitation for murder in the
first degree pursuant to Section 701.16 of Title 21 of the Oklahoma
Statutes shall be commenced within seven (7) years after the
discovery of the crime. For purposes of this subsection, "discovery"
means the date upon which the crime is made known to anyone other
than a person involved in the solicitation.
H. In all other cases a prosecution for a public offense must be
commenced within three (3) years after its commission.
I. Prosecution for the crime of accessory after the fact must be
commenced within the same statute of limitations as that of the
felony for which the person acted as an accessory.
J. Prosecution for the crime of arson pursuant to Section 1401,
1402, 1403, 1404 or 1405 of Title 21 of the Oklahoma Statutes shall
be commenced within seven (7) years after the commission of the
crime.
K. Prosecutions for criminal violations in which a deadly weapon
is used to commit a felony or prosecutions for criminal violations in
which a deadly weapon is used in an attempt to commit a felony shall
be commenced within seven (7) years after the commission of the
crime.
L. No prosecution under subsection C of this section shall be
based upon the memory of the victim that has been recovered through
psychotherapy unless there is some evidence independent of such
repressed memory.
Any person who knowingly and willfully makes a false claim
pursuant to subsection C of this section or a claim that the person
knows lacks factual foundation may be reported to local law
enforcement for criminal investigation and, upon conviction, shall be
guilty of a felony.
M. As used in paragraph 1 of subsection C of this section,
"discovery" means the date that a physical or sexually related crime
involving a victim eighteen (18) years of age or older is reported to
a law enforcement agency.
R.L. 1910, § 5625. Amended by Laws 1943, p. 84, § 2, emerg. eff.
April 12, 1943; Laws 1945, p. 97, § 1, emerg. eff. Feb. 1, 1945; Laws
1965, c. 245, § 1, emerg. eff. June 16, 1965; Laws 1968, c. 218, § 1,
emerg. eff. April 23, 1968; Laws 1983, c. 74, § 1, eff. Nov. 1, 1983;
Laws 1985, c. 112, § 5, eff. Nov. 1, 1985; Laws 1986, c. 218, § 2,
emerg. eff. June 9, 1986; Laws 1989, c. 348, § 14, eff. Nov. 1, 1989;
Laws 1990, c. 308, § 1, emerg. eff. May 30, 1990; Laws 1991, c. 182,
§ 64, eff. Sept. 1, 1991; Laws 1994, 2nd Ex. Sess., c. 1, § 2, emerg.
eff. Nov. 4, 1994; Laws 2000, c. 245, § 3, eff. Nov. 1, 2000; Laws
2001, c. 18, § 2, eff. July 1, 2001; Laws 2002, c. 475, § 3; Laws
0"* "".$! "!.! "4:
2005, c. 101, § 1, eff. Nov. 1, 2005; Laws 2006, c. 126, § 1, eff.
Nov. 1, 2006; Laws 2006, c. 215, § 2, eff. July 1, 2006; Laws 2007,
c. 25, § 1, eff. Nov. 1, 2007; Laws 2007, c. 358, § 4, eff. July 1,
2007; Laws 2008, c. 434, § 1, eff. Nov. 1, 2008; Laws 2009, c. 51, §
1, eff. Nov. 1, 2009; Laws 2009, c. 234, § 130, emerg. eff. May 21,
2009; Laws 2010, c. 2, § 6, emerg. eff. March 3, 2010; Laws 2010, c.
96, § 1, eff. Nov. 1, 2010; Laws 2015, c. 290, § 2, eff. Nov. 1,
2015; Laws 2016, c. 19, § 1, eff. Nov. 1, 2016; Laws 2017, c. 134, §
2, eff. Nov. 1, 2017.
NOTE: Laws 2009, c. 93, § 1 repealed by Laws 2010, c. 2, § 7, emerg.
eff. March 3, 2010.
§22-153. Absence from state, limitation does not run.
If when the offense is committed the defendant be out of the
state, the prosecution may be commenced within the term herein
limited after his coming within the state, and no time during which
the defendant is not an inhabitant of or usually resident within the
state, is part of the limitation.
R.L.1910, § 5626.
§22-161. Magistrate defined.
A magistrate is an officer having power to issue a warrant for
the arrest of a person charged with a public offense.
R.L.1910, § 5627.
§22-162. Who are magistrates.
The following persons are magistrates:
First. Justices of the Supreme Court.
Second. Judges of the Court of Criminal Appeals.
Third. Judges of the Court of Appeals.
Fourth. Judges of the district court, including associate
district judges and special judges.
R.L.1910, § 5628; Laws 1968, c. 162, § 7; Laws 1970, c. 247, § 16,
emerg. eff. April 15, 1970.
§22-171. Complaint - Issuance of warrant of arrest.
When a complaint, verified by oath or affirmation, is laid before
a magistrate, of the commission of a public offense, he must, if
satisfied therefrom that the offense complained of has been
committed, and that there is reasonable ground to believe that the
defendant has committed it, issue a warrant of arrest.
R.L.1910, § 5629. R.L.1910, § 5629.
§22-171.1. Arrest warrant for escaped prisoner.
A. Any warden, superintendent or district supervisor within the
Department of Corrections may make application to a judge for an
arrest warrant upon any prisoner escaping from custody or confinement
0"* "".$! "!.! "4:
in an institution or facility of the Department of Corrections or
from house arrest or the Preparole Conditional Supervision Program.
Said application shall be a statement verified by oath or affirmation
alleging the occurrence of an escape.
B. If the judge is satisfied that an escape has occurred, the
judge shall affix his signature to a warrant of arrest of the
prisoner.
C. The person making application for the arrest warrant shall
cause to be delivered as soon as possible, a copy of the issued
warrant of arrest of the prisoner to the court clerk, the district
attorney and the sheriff's office within the geographical area where
the escape occurred.
D. Nothing in this section shall prohibit the filing of any
criminal charges by the district attorney against the prisoner
charged with escape.
Added by Laws 1992, c. 166, § 1, eff. Sept. 1, 1992.
§22-171.2. Determination of citizenship status of persons confined
in jail - Verification of status - Presumption of flight risk.
A. When a person charged with a felony or with driving under the
influence pursuant to Section 11-902 of Title 47 of the Oklahoma
Statutes is confined, for any period, in the jail of the county, any
municipality or a jail operated by a regional jail authority, a
reasonable effort shall be made to determine the citizenship status
of the person so confined.
B. If the prisoner is a foreign national, the keeper of the jail
or other officer shall make a reasonable effort to verify that the
prisoner has been lawfully admitted to the United States and, if
lawfully admitted, that such lawful status has not expired. If
verification of lawful status cannot be made from documents in the
possession of the prisoner, verification shall be made within forty-
eight (48) hours through a query to the Law Enforcement Support
Center of the United States Department of Homeland Security or other
office or agency designated for that purpose by the United States
Department of Homeland Security. If the lawful immigration status of
the prisoner cannot be verified, the keeper of the jail or other
officer shall notify the United States Department of Homeland
Security.
C. For the purpose of determining the grant of or issuance of
bond, it shall be a rebuttable presumption that a person whose
citizenship status has been verified pursuant to subsection B of this
section to be a foreign national who has not been lawfully admitted
to the United States is at risk of flight.
Added by Laws 2007, c. 112, § 5, eff. Nov. 1, 2007.
§22-172. Form of warrant.
0"* "".$! "!.! "4:+
A warrant of arrest is an order in writing, in the name of the
state, signed by a magistrate, commanding the arrest of the
defendant, and may be substantially in the following form:
County of ______________
The State of Oklahoma
To any sheriff, constable, marshal or policeman in this state (or
in the county of ______________ as the case may be):
Complaint upon oath having been this day made before me that the
crime of (designating it) has been committed, and accusing C. D.
thereof, you are therefore commanded forthwith to arrest the above
named C. D. and bring him before me at (naming the place), or, in
case of my absence or inability to act, before the nearest or most
accessible magistrate in this county.
Dated at ________________ this ______ day of _________ 191__.
E. F., Justice of the Peace (or as the case may be).
R.L.1910, § 5629. R.L.1910, § 5629.
§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 $_______." and
be signed by the magistrate with his name of office.
Amended by Laws 1982, c. 149, § 1, operative Oct. 1, 1982.
§22-174. Warrant directed to whom.
The warrant must be directed to and executed by a peace officer.
R.L.1910, § 5632. R.L.1910, § 5632.
§22-175. County in which warrant may be served - Who may serve.
All warrants, except those issued for violation of city
ordinances, may be served in any county in the state; and may be
served by any peace officer to whom they may be directed or
delivered.
R.L.1910, § 5633.
§22-176. Taking defendant before magistrate in felony cases - Use of
closed circuit television.
If the offense charged in the warrant be a felony, the officer
making the arrest must take the defendant before the magistrate who
issued the warrants or some other magistrate in the county or the
image of the defendant may be broadcast by closed circuit television
to the magistrate. A closed circuit television system may not be
0"* "".$! "!.! "4:-
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.
§22-177. Taking defendant before magistrate in misdemeanor cases -
Use of closed circuit television.
If the offense charged in the warrant be a misdemeanor and the
defendant be arrested in another county, the officer must, upon being
required by the defendant, take him 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 from
him accordingly.
R.L.1910, § 5635; Amended by Laws 1991, c. 178, § 2, eff. Sept. 1,
1991.
§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.
§22-179. When bail is not given.
If, on the admission of the defendant to bail, bail be not
forthwith given, the officer must take the defendant before the
magistrate who issued the warrant, or some other magistrate in the
same county, as provided in the next section.
R.L.1910, § 5637.
§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.
§22-181. Delay in taking before magistrate not permitted.
The defendant must, in all cases, be taken before the magistrate
without unnecessary delay.
R.L.1910, § 5639.
0"* "".$! "!.! "4:2
§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.
§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.
§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.
§22-185. Offense triable in another county - Taking defendant before
magistrate in misdemeanor cases.
If the offense charged in the warrant issued, pursuant to the
second preceding section is a misdemeanor, the officer must upon
being required by the defendant, take him 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. R.L. 1910, § 5643.
§22-186. Arrest defined.
Arrest is the taking of a person into custody, that he may be
held to answer for a public offense.
R.L.1910, § 5644. R.L.1910, § 5644. R.L.1910, § 5644.
0"* "".$! "!.! "4:5
§22-187. Arrest made by whom.
An arrest may be either:
1. By a peace officer, under warrant,
2. By a peace officer without a warrant; or,
3. By a private person.
R.L.1910, § 5645.
§22-188. Aid to officer.
Every person must aid an officer in the execution of a warrant,
if the officer require his aid.
R.L.1910, § 5646.
§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.
§22-190. Arrest, how made.
An arrest is made by an actual restraint of the person of the
defendant, or by his submission to the custody of the officer.
R.L.1910, § 5648.
§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.
§22-191. Restraint which is permissible.
The defendant is not to be subjected to any more restraint than
is necessary for his arrest and detention.
R.L.1910, § 5649.
§22-192. Officer must show warrant.
0"* "".$! "!.! "4:7
The officer must inform the defendant that he acts under the
authority of the warrant, and must also show the warrant within a
reasonable time under the circumstances, if requested.
Amended by Laws 1983, c. 294, § 2, eff. Nov. 1, 1983.
§22-193. Resistance, means to overcome.
If, after notice of intention to arrest the defendant, he either
flee or forcibly resist, the officer may use all necessary means to
effect the arrest.
R.L.1910, § 5651.
§22-194. Officer may break open door or window, when.
The officer may break open an outer or inner door or window of a
dwelling house, to execute the warrant, if, after notice of his
authority and purpose, he be refused admittance.
R.L.1910, § 5652.
§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.
§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
0"* "".$! "!.! "4:8
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.
§22-197. Arrest without warrant, breaking door or window.
To make an arrest, as provided in the last section, the officer
may break open an outer or inner door or window of a dwelling house,
if, after notice of his office and purpose, he be refused admittance.
R.L.1910, § 5655.
§22-198. Nighttime, arrest of suspected felon.
He may also at night, without a warrant, arrest any person whom
he has reasonable cause for believing to have committed a felony, and
is justified in making the arrest though it afterward appear that the
felony had not been committed.
R.L.1910, § 5656.
§22-199. Authority must be stated on arrest without warrant, when.
When arresting a person without a warrant, the officer must
inform him of his authority and the cause of the arrest, except when
he is in actual commission of a public offense, or is pursued
immediately after an escape.
R.L.1910, § 5657.
§22-200. Arrest by bystander - Officer may take defendant before
magistrate.
He may take before a magistrate, a person, who being engaged in a
breach of the peace, is arrested by a bystander and delivered to him.
R.L.1910, § 5658. R.L.1910, § 5658.
§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
0"* "".$! "!.! "4:9
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.
§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.
§22-203. Private person must inform person of cause of arrest.
He must, before making the arrest, inform the person to be
arrested of the cause thereof, and require him to submit, except when
he is in actual commission of the offense or when he is arrested on
pursuit immediately after its commission.
R.L.1910, § 5661.
§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.
§22-205. Private person making arrest must take defendant to
magistrate or officer.
A private person who has arrested another for the commission of a
public offense, must, without unnecessary delay, take him before a
magistrate or deliver him to a peace officer.
R.L.1910, § 5663.
§22-206. Disarming person arrested.
Any person making an arrest must take from the person arrested
all offensive weapons which he may have about his person, and must
deliver them to the magistrate before whom he is taken.
R.L.1910, § 5664. R.L.1910, § 5664.
§22-207. Pursuit and arrest of escaped prisoner.
If a person arrested escape or be rescued, the person from whose
custody he escaped or was rescued, may immediately pursue and retake
him, at any time, and in any place in the state.
0"* "".$! "!.! "4:
R.L.1910, § 5665.
§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.
§22-209. Citation to appear - Issuance - Summons - Failure to
appear.
(1) A law enforcement officer who has arrested a person on a
misdemeanor charge or violation of city ordinance, without a warrant,
may issue a citation to such person to appear in court.
(2) In issuing a citation hereunder the officer shall proceed as
follows:
(a) He 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. Unless
the person requests an earlier date, the time specified in the
citation to appear shall be at least five (5) days after the issuance
of the citation.
(b) 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.
(c) The officer shall thereupon release the cited person from any
custody.
(d) 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.
(3) In any case in which the judicial officer finds sufficient
grounds for issuing a warrant, he may issue a summons commanding the
defendant to appear in lieu of a warrant.
(4) If a person summoned fails to appear in response to the
summons, a warrant for his arrest shall issue, and any person who
willfully fails to appear in response to a summons is guilty of a
misdemeanor.
Laws 1967, c. 250, § 1, emerg. eff. May 8, 1967.
§22-210. Felony arrest – DNA testing required.
A. Subject to the availability of funds, a person eighteen (18)
years of age or older who is arrested for the commission of a felony
under the laws of this state or any other jurisdiction shall, upon
being booked into a jail or detention facility, submit to
deoxyribonucleic acid (DNA) sample collection for testing for DNA-
identification-matching purposes in accordance with Section 150.27a
of Title 74 of the Oklahoma Statutes and the rules promulgated by the
Oklahoma State Bureau of Investigation (OSBI) for the OSBI Combined
0"* "".$! "!.! "4
DNA Index System (CODIS) Database. DNA samples shall be collected by
trained medical personnel, law enforcement, tribal police officers,
or employees or medical contractors of those organizations as
qualified pursuant to subsection B of this section.
B. Samples of blood or saliva for DNA testing or for DNA-
identification-matching purposes required by subsection A of this
section shall be taken by trained medical personnel, law enforcement,
tribal police officers, or employees or medical contractors of those
organizations. The individuals shall be properly trained to collect
blood or saliva samples. Persons collecting blood or saliva for DNA
testing or for DNA-identification-matching purposes pursuant to this
section shall be immune from civil liabilities arising from this
activity. All collectors of DNA samples shall ensure the collected
samples are mailed or delivered to the OSBI within ten (10) days
after the DNA sample is collected from the person using sample kits
provided by the OSBI and procedures promulgated by the OSBI, or if
the jail, detention facility, booking facility of a federally
recognized American Indian tribe in Oklahoma or other designated
facility is using Rapid DNA technology, the collector shall use the
provided collection instruments. Once the DNA-identification-
matching process has concluded and a sample has been mailed or
delivered to the OSBI, the collector shall discard the Rapid DNA
sample taken in the jail, detention facility, booking facility of a
federally recognized American Indian tribe in Oklahoma or other
designated facility.
If a jail, detention facility, booking facility of a federally
recognized American Indian tribe in Oklahoma or other designated
facility is using Rapid DNA technology to take the DNA sample for DNA
identification purposes, said sample shall not be retained, tested or
stored after completion of the Rapid DNA identification process. Any
person charged with the custody and dissemination of DNA samples and
profiles shall not divulge or disclose any such information except to
federal, state, county or municipal law enforcement or criminal
justice agencies, nor shall the person tamper with the samples and
profiles taken. Any person violating the provisions of this section
shall, upon conviction, be guilty of a misdemeanor punishable by
imprisonment in the county jail for not more than one (1) year.
C. A DNA sample shall not be analyzed and shall be destroyed
unless one of the following conditions has been met:
1. The arrest was made upon a valid felony arrest or warrant;
2. The person has appeared before a judge or magistrate judge
who made a finding that there was probable cause for the arrest;
3. The person posted bond or was released prior to appearing
before a judge or magistrate judge and then failed to appear for a
scheduled hearing; or
4. The DNA sample was provided as a condition of a plea
agreement.
0"* "".$! "!.! "4
D. All DNA samples, records and identifiable information
generated pursuant to the provisions of this section shall be
automatically expunged from the OSBI Combined DNA Index System
(CODIS) Database under the following circumstances:
1. The felony offense for which the person was arrested does not
result in charges either by information or indictment and the statute
of limitations has expired;
2. The state voluntarily dismissed the felony charge filed
against the person; or
3. The court dismissed the felony charge filed against the
person.
The Oklahoma State Bureau of Investigation shall promulgate rules
establishing procedures relating to the automatic expungement of DNA
samples, records and identifiable information collected under the
provisions of this section. Fees related to the expungement of DNA
samples, records and identifiable information shall not be assessed
for persons who qualify for an automatic expungement under the
provisions of this subsection.
Added by Laws 2016, c. 181, § 1, eff. Nov. 1, 2016. Amended by Laws
2019, c. 374, § 1, eff. Nov. 1, 2019.
§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.
§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.
§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
0"* "".$! "!.! "4+
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.
§22-223. Arrests otherwise lawful.
Section 1 of this act shall not be construed so as to make
unlawful any arrest in this state which would otherwise be lawful.
Added by Laws 1949, p. 212, § 3, emerg. eff. May 31, 1949.
§22-224. State includes District of Columbia.
For the purpose of this act the word "state" shall include the
District of Columbia.
Laws 1949, p. 212, § 4.
§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.
§22-227. Partial invalidity.
If any part of this act is for any reason declared void, it is
declared to be the intent of this act that such invalidity shall not
affect the validity of the remaining portions of this act.
Added by Laws 1949, p. 213, § 7, emerg. eff. May 31, 1949.
§22-228. Short Title.
This act may be cited as the Uniform Act on Fresh Pursuit.
Laws 1949, p. 213, § 8.
§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
0"* "".$! "!.! "4-
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.
§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.
§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.
§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 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.
§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
0"* "".$! "!.! "42
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.
§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.
§22-253. Defendant to be examined.
The magistrate must without a jury, immediately after the
appearance of counsel, or if none appear and the defendant require
the aid of counsel, after waiting a reasonable time therefor, proceed
to examine the case. The defendant may be sworn and testify in his
own behalf as in civil cases.
R.L.1910, § 5669.
§22-254. Adjournment of examination.
The examination must be completed at one session unless the
magistrate for good cause adjourn it.
R.L.1910, § 5670.
§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.
§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
0"* "".$! "!.! "45
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.
§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.
§22-258. Preliminary examinations and proceedings thereon.
First: The witnesses must be examined in the presence of the
defendant, and may be cross-examined by him. On the request of the
district attorney, or the defendant, all the testimony must be
reduced to writing in the form of questions and answers and signed by
the witnesses, or the same may be taken in shorthand and transcribed
without signing, and in both cases filed with the clerk of the
district court, by the examining magistrate, and may be used as
provided in Section 333 of this title. In no case shall the county
be liable for the expense in reducing such testimony to writing,
unless ordered by the judge of a court of record.
Second: The district attorney may, on approval of the county
judge or the district judge, issue subpoenas in felony cases and call
witnesses before him and have them sworn and their testimony reduced
to writing and signed by the witnesses at the cost of the county.
Such examination must be confined to some felony committed against
the statutes of the state and triable in that county, and the
evidence so taken shall not be receivable in any civil proceeding. A
refusal to obey such subpoena or to be sworn or to testify may be
punished as a contempt on complaint and showing to the county court,
or district court, or the judges thereof that proper cause exists
therefor.
Third: No preliminary information shall be filed without the
consent or endorsement of the district attorney, unless the defendant
be taken in the commission of a felony, or the offense be of such
character that the accused is liable to escape before the district
attorney can be consulted. If the defendant is discharged and the
information is filed without authority from or endorsement of the
district attorney, the costs must be taxed to the prosecuting
witness, and the county shall not be liable therefor.
Fourth: The convening and session of a grand jury does not
dispense with the right of the district attorney to file complaints
and informations, conduct preliminary hearings and other routine
matters, unless otherwise specifically ordered, by a written order of
0"* "".$! "!.! "47
the court convening the grand jury; made on the court's own motion,
or at the request of the grand jury.
Fifth: There shall be no preliminary examinations in misdemeanor
cases.
Sixth: A preliminary magistrate shall have the authority to
limit the evidence presented at the preliminary hearing to that which
is relevant to the issues of: (1) whether the crime was committed,
and (2) whether there is probable cause to believe the defendant
committed the crime. Once a showing of probable cause is made the
magistrate shall terminate the preliminary hearing and enter a
bindover order; provided, however, that the preliminary hearing shall
be terminated only if the state made available for inspection law
enforcement reports within the prosecuting attorney's knowledge or
possession at the time to the defendant five (5) working days prior
to the date of the preliminary hearing. The district attorney shall
determine whether or not to make law enforcement reports available
prior to the preliminary hearing. If reports are made available, the
district attorney shall be required to provide those law enforcement
reports that the district attorney knows to exist at the time of
providing the reports, but this does not include any physical
evidence which may exist in the case. This provision does not
require the district attorney to provide copies for the defendant,
but only to make them available for inspection by defense counsel.
In the alternative, upon agreement of the state and the defendant,
the court may terminate the preliminary hearing once a showing of
probable cause is made.
Seventh: A preliminary magistrate shall accept into evidence as
proof of prior convictions a noncertified copy of a Judgment and
Sentence when the copy appears to the preliminary magistrate to be
patently accurate. The district attorney shall make a noncertified
copy of the Judgment and Sentence available to the defendant no fewer
than five (5) days prior to the hearing. If such copy is not made
available five (5) days prior to the hearing, the court shall
continue the portion of the hearing to which the copy is relevant for
such time as the defendant requests, not to exceed five (5) days
subsequent to the receipt of the copy.
Eighth: The purpose of the preliminary hearing is to establish
probable cause that a crime was committed and probable cause that the
defendant committed the crime.
R.L.1910, § 5674. Amended by Laws 1913, c. 68, p. 106, § 1; Laws
1961, p. 235, § 1, eff. Oct. 27, 1961; Laws 1994, c. 292, § 3, eff.
Sept. 1, 1994; Laws 2002, c. 460, § 16, eff. Nov. 1, 2002; Laws 2003,
c. 337, § 1, eff. Nov. 1, 2003.
§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
0"* "".$! "!.! "48
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.
§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.
§22-261. Depositions, violation of provisions regarding.
A violation of the provisions of the last section is punishable
as a misdemeanor.
R.L.1910, § 5677.
§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.
§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.
§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
0"* "".$! "!.! "49
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.
§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.
§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.
§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.
§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.
§22-269. Form of commitment.
The commitment must be to the following effect:
County of .........
0"* "".$! "!.! "4:
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.
§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.
§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.
§22-273. Witness not giving undertaking committed, when.
If a witness, required to enter into an undertaking to appear and
testify, either with or without sureties, refuse compliance with the
order for that purpose, the magistrate must commit him to prison
until he comply, or is legally discharged.
R.L.1910, § 5689.
§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
0"* "".$! "!.! "4
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.
§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.
§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.
§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.
§22-302. Indictment defined.
An indictment is an accusation in writing, presented by a grand
jury to a competent court, charging a person with a public offense.
R.L.1910, § 5717.
§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
0"* "".$! "!.! "4
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.
0"* "".$! "!.! "4+
§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.
§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.
§22-305.2. District attorney deferred prosecution.
A. If an accused qualifies for the deferred prosecution program,
the accused and the State of Oklahoma, through the district attorney,
0"* "".$! "!.! "4-
may execute an agreement whereby the accused agrees to waive any
rights to a speedy accusation, a speedy trial, and any statute of
limitations, and agrees to fulfill such conditions to which the
accused and the State of Oklahoma may agree including, but not
limited to, restitution and community services.
B. The accused, as consideration for entering into a deferred
prosecution agreement, consents and agrees to a full and complete
photographic record of property which was to be used as evidence.
The photographic record shall be competent evidence of the property
and admissible in any criminal action or proceeding as the best
evidence.
C. Property shall be returned to its owner only after the
photographic record is made subject to the following conditions:
1. Property, except that which is prohibited by law, shall be
returned to its owner after proper verification of title;
2. The return of property to the owner shall be without
prejudice to the state or to any person who may have a claim against
the property; and
3. When property is returned, the recipient shall sign, under
penalty of perjury, a declaration of ownership which shall be
retained by the police department or sheriff's office.
D. As additional consideration for the agreement, the State of
Oklahoma shall agree not to file an information if the accused
satisfactorily completes the conditions of the agreement.
E. The agreement between the accused and the State of Oklahoma
may include provisions whereby the accused agrees to be supervised in
the community. If the accused is required to be supervised pursuant
to the terms of the agreement, the person shall be required to pay a
supervision fee to be established by the supervisory agency. The
supervision fee shall be paid to the supervisory agency as required
by the rules of the supervisory agency. The supervisory agency shall
monitor the person for compliance with the conditions of the
agreement. The supervisory agency shall report to the district
attorney on the progress of the accused, and shall report immediately
if the accused fails to report or participate as required by the
agreement.
F. The agreement between the parties may require the accused to
participate or consult with local service providers, including the
Department of Human Services, the Department of Mental Health and
Substance Abuse Services, the Employment Security Commission, federal
services agencies, other state or local agencies, colleges,
universities, technology center schools, and private or charitable
service organizations. When the accused is required to participate
or consult with any service provider, a program fee may be required
unless the fee would impose an unnecessary hardship on the person.
The program fee shall be established by the service provider based
upon a sliding scale. Any state agency called upon for assistance in
0"* "".$! "!.! "42
a deferred prosecution program by any district attorney shall render
services and assistance as available. Any supervision fee or program
fee authorized by this section may be waived in whole or in part when
the accused is indigent. No person who is otherwise qualified for a
deferred prosecution program shall be denied services or supervision
based solely on the person's inability to pay a fee or fees.
G. The agreement between the parties may require the accused to
pay a victim compensation assessment pursuant to the provisions of
Section 142.18 of Title 21 of the Oklahoma Statutes. The amount of
the assessment shall be agreed to by the parties and shall be within
the amounts specified in Section 142.18 of Title 21 of the Oklahoma
Statutes for the offense charged.
H. Any deferred prosecution agreement including, but not limited
to, any fee, sliding scale fee, compensation, contract, assessment,
or other financial agreement charged or waived by the accused or the
State of Oklahoma shall be a record open to the public.
I. 1. On or after the effective date of this act, each office
of the district attorney shall, upon request and within a reasonable
time, provide the name and other identifying information of an
accused entering into a deferred prosecution agreement.
2. A deferred prosecution agreement entered into prior to the
effective date of this act shall not be a record open to the public,
unless confidentiality was waived as a condition of the agreement.
Added by Laws 1979, c. 226, § 2, eff. Oct. 1, 1979. Amended by Laws
1984, c. 21, § 2, emerg. eff. March 20, 1984; Laws 1990, c. 51, § 15,
emerg. eff. April 9, 1990; Laws 1996, c. 304, § 1, emerg. eff. June
10, 1996; Laws 1997, c. 133, § 72, eff. July 1, 1999; Laws 1999, 1st
Ex.Sess., c. 5, § 23, eff. July 1, 1999; Laws 2000, c. 278, § 1, eff.
July 1, 2000; Laws 2001, c. 33, § 20, eff. July 1, 2001.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 72 from July 1, 1998, to July 1, 1999.
§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
0"* "".$! "!.! "45
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.
§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.
§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
0"* "".$! "!.! "47
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 ($1,000.00) or be imprisoned
for not more than six (6) months, or both.
E. The provisions of this subsection apply only to records
within the care and custody of the district attorney.
Added by Laws 1979, c. 226, § 5, eff. Oct. 1, 1979. Amended by Laws
2000, c. 278, § 3, eff. July 1, 2000.
§22-305.6. District Attorneys Council - Duties.
The District Attorneys Council shall assist each district
attorney in the development of the deferred prosecution program in
their jurisdictions, and shall prepare and promulgate model forms for
the use of the various district attorneys of this state.
Amended by Laws 1988, c. 109, § 24, eff. Nov. 1, 1988.
§22-311. Grand jury defined.
A grand jury is a body of men consisting of twelve jurors impaneled
and sworn to inquire into and true presentment make of all public
offenses against the state committed or triable within the county for
which the court is holden.
R.L.1910, § 5696.
§22-311.1. Petition for convening grand jury - Warning.
Every petition for the convening of a grand jury shall contain on
the outer page thereof the word "Warning" and underneath this in ten-
point type the words, "It is a felony for anyone to sign a petition
for the convening of a grand jury with any name other than his own,
0"* "".$! "!.! "48
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.
§22-312. Challenge of grand jury.
The state, or a person held to answer a charge for a public
offense, may challenge the panel of a grand jury, or an individual
grand juror.
R.L.1910, § 5697.
§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.
§22-314. Jury discharged if challenge allowed.
If a challenge to the panel be allowed, the grand jury must be
discharged.
R.L.1910, § 5699.
§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
0"* "".$! "!.! "49
opinion, act impartially and fairly upon the matters to be submitted
to him.
R.L.1910, § 5700.
§22-316. Challenge may be oral or written - How tried.
Challenges may be oral or in writing, and must be tried by the
court.
R.L.1910, § 5701.
§22-317. Ruling on challenge.
The court must allow or disallow the challenge and the clerk must
enter its decision upon the minutes if demanded.
R.L.1910, § 5702.
§22-318. Effect of challenge allowed.
If a challenge to an individual grand juror is allowed, he cannot
be present at, or take part in the consideration of the charge
against the defendant who interposed the challenge, or the
deliberations of the grand jury thereon.
R.L.1910, § 5703.
§22-319. Violation, where challenge allowed.
The grand jury must inform the court of a violation of the last
section and it is punishable by the court as a contempt.
R.L.1910, § 5704.
§22-320. Challenge to be made before jury is sworn - Exception.
Neither the state, nor a person held to answer a charge for a
public offense, can take advantage of any objection to the panel or
to an individual grand juror unless it be by challenge, and before
the grand jury is sworn, except that after the grand jury is sworn,
and before the indictment is found, the court may, in its discretion,
upon a good cause shown, receive and allow a challenge.
R.L.1910, § 5705.
§22-321. New grand jury in certain cases.
If the grand jury is discharged by the allowance of a challenge
to the whole panel; or if from any cause, in the opinion of the
court, another grand jury may become necessary, the court may in its
discretion order that another grand jury be summoned.
R.L.1910, § 5706.
§22-322. Special grand jury.
A grand jury formed and impaneled as to and in a particular case
after a challenge or challenges to individual grand jurors have been
allowed, shall be sworn to act only in such particular case and as to
0"* "".$! "!.! "4+:
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.
§22-323. Court to appoint foreman.
From the persons summoned to serve as grand jurors, and
appearing, the court must appoint a foreman. The court must also
appoint a foreman when a person already appointed is discharged or
excused before the grand jury are dismissed.
R.L.1910, § 5708.
§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.
§22-325. Oath to other jurors.
The following oath must be immediately thereupon administered to
the other grand jurors present:
The same oath which your foreman has now taken before you on his
part, you and each of you shall well and truly observe on your part.
So help you God.
R.L.1910, § 5710.
§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.
0"* "".$! "!.! "4+
§22-327. Jury to retire.
The grand jury must then retire to a private room and inquire
into the offenses cognizable by them.
R.L.1910, § 5712.
§22-328. Grand jury must appoint clerk.
The grand jury must appoint one of their number as clerk, who
must preserve minutes of their proceedings, except of the votes of
the individual members, and of the evidence given before them.
R.L.1910, § 5713.
§22-329. Discharge of grand juror.
A member of the grand jury may for ill health of himself or
immediate family, or other cause rendering him unable to serve, be
discharged before the term is ended or the labor of the grand jury
completed; or, if the judge becomes satisfied that any grand juror is
willfully refusing to discharge his duty, the court may order his
discharge. In the event of the discharge or death of a grand juror,
an alternate grand juror shall be appointed to fill the vacancy by
the court. The appointment shall be made in the same order in which
the alternate grand jurors were selected. If the number of grand
jurors and alternates becomes so depleted as to prevent the grand
jury from functioning, as many names as the court may order shall be
drawn from the jury box in the same manner the original grand jurors
and alternates were drawn, and from the names so drawn there shall be
summoned as many grand jurors and alternates as can be found and are
able to attend as necessary, and if found they shall be summoned in
the order in which their names were drawn from the box. If the
number be not thus obtained there shall be another drawing in the
same manner. When a sufficient number so drawn appears to fill the
panel, the grand jury shall in open court be reimpaneled, but subject
to challenge and be charged and sworn in the same manner as when the
grand jury was originally impaneled.
R.L.1910, § 5714; Laws 1977, c. 213, § 1, emerg. eff. June 14, 1977.
§22-330. Discharge of grand jury.
On the completion of the business before the grand jury, or
completion of the statutory time limit for sessions of a grand jury,
or whenever the court shall be of the opinion that the public
interests will not be subserved by further continuance of the
session, the grand jury must be discharged, but whether the business
be completed or not they are discharged by the final adjournment of
the court, or by the judge of the district holding court in some
other county of the state, not within the judicial district in which
the grand jury is called.
R.L.1910, § 5715; Laws 1961, p. 236, § 1.
0"* "".$! "!.! "4+
§22-331. General powers and duties of grand jury.
The grand jury has power to inquire into all public offenses
committed or triable in the county or subdivision, and to present
them to the court, by indictment or accusation in writing.
R.L.1910, § 5716.
§22-332. Foreman to swear witness.
The foreman may administer an oath to any witness appearing
before the grand jury.
R.L.1910, § 5718.
§22-333. Evidence before grand jury.
In the investigation of a charge for the purpose of presenting an
indictment or accusation, the grand jury may receive the written
testimony of the witnesses taken in a preliminary examination of the
same charge, and also the sworn testimony prepared by the district
attorney without bringing those witnesses before them, and may hear
evidence given by witnesses produced and sworn before them, and may
also receive legal documentary evidence. Each indictment or
accusation shall be voted on separately by the grand jury.
R.L.1910, § 5719; Laws 1961, p. 236, § 1.
§22-335. Evidence for the accused - Procuring additional evidence.
The grand jurors, upon request of the accused, shall, and on
their own motion may, hear the evidence for the accused. It is their
duty to weigh all the evidence submitted to them and when they have
reason to believe that there is other evidence, they may order such
evidence to be produced, and for that purpose the State's Attorney
shall cause process to issue for the witnesses.
R.L.1910, § 5721; Laws 1961, p. 236, § 1.
§22-336. Indictment to be found, when.
The grand jury ought to find an indictment when all the evidence
before them, taken together, is such as in their judgment would, if
unexplained or uncontradicted, warrant a conviction by the trial
jury.
R.L.1910, § 5722.
§22-337. Members to give evidence.
If a member of the grand jury knows, or has reason to believe,
that a public offense has been committed, which is triable in the
county or subdivision, he must declare the same to his fellow jurors,
who must thereupon investigate the same.
R.L.1910, § 5723.
§22-338. Subjects for inquiry by grand jury.
0"* "".$! "!.! "4++
The grand jury must inquire:
1. Into the case of every person imprisoned in the jail of the
county or subdivision, on a criminal charge, and not indicted.
2. Into the condition and management of the public prisons in
the county or subdivision; and,
3. Into the willful and corrupt misconduct in office of public
officers of every description in the county or subdivision.
R.L.1910, § 5724.
§22-339. Access to prisons and records.
They are also entitled to free access at all reasonable times, to
public prisons, and to the examination, without charge, of all public
records in the county.
R.L. 1910, § 5725.
§22-340. Advice of court or district attorney – Reproduction or
disclosure of transcript - Who may be present.
A. The grand jury may at all reasonable times ask the advice of
the court or of the district attorney. In no event shall the grand
jury be advised as to the sufficiency or insufficiency of the
evidence necessary to return a true bill, in a matter under
investigation before them. The district attorney, with or without a
regularly appointed assistant district attorney individually or
collectively, or if the district attorney and all of his or her
assistants are disqualified for any reason, a district attorney or
assistant district attorney from another district, appointed by the
Attorney General of Oklahoma pursuant to Sections 215.9 and 215.13
of Title 19 of the Oklahoma Statutes, and where proper, the Attorney
General, or an assistant attorney general, may at all times appear
before the grand jury for the purpose of giving information or
advice relative to any matter cognizable before them and may
interrogate witnesses before them whenever he or she thinks it
necessary. A qualified court reporter shall be present and take the
testimony of all witnesses.
B. Upon request a transcript of the testimony or any portion
thereof shall be made available to an accused or the district
attorney, at the expense of the requesting party or officer, and, in
the event of an indigent accused, at the expense of the state. Any
person who obtains a copy of a transcript shall not reproduce the
transcript in whole or in part or otherwise disclose its contents to
any person other than his or her attorney without leave of the court.
Violation of this provision shall be punishable as contempt.
Provided, nothing in this section shall prohibit the attorney for the
accused, the district attorney or assistant district attorney from
reproducing in whole or in part the transcribed testimony of a
witness he or she anticipates calling to testify at trial and
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providing same to said witness for the sole purpose of preparing for
trial.
C. No other person is permitted to be present during sessions of
the grand jury except the members of the grand jury, the witness
actually under examination, and one attorney representing such
witness, except that an interpreter, when necessary, may be present
during the interrogation of a witness; provided that, no person,
except the members of the grand jury, shall be permitted to be
present during the expression of juror opinions or the giving of
votes upon any matter before the grand jury; provided further that
neither the district attorney, nor an assistant district attorney,
may be present or participate in an official capacity, as herein
provided, during an investigation by the grand jury of the district
attorney's office, or of any person officially associated with said
office.
R.L. 1910, § 726; Laws 1961, p. 236, § 1; Laws 1965, c. 532, § 1;
Laws 1967, c. 226, § 1, emerg. eff. May 2, 1967; Laws 1974, c. 60, §
1; Laws 1989, c. 179, § 3, eff. Nov. 1, 1989; Laws 1999, c. 147, § 1,
emerg. eff. May 3, 1999.
§22-341. Proceedings kept secret.
Every member of the grand jury must keep secret whatever he
himself or any other grand juror may have said or in what manner he
or any other grand juror may have voted on a matter before them.
R.L.1910, § 5727.
§22-342. Juror may disclose proceedings, when.
A member of the grand jury may, however, be required by any court
to disclose the testimony of a witness examined before the grand jury
for the purpose of ascertaining whether it is consistent with that
given by the witness before the court, or to disclose the testimony
given before them by any person, upon a charge against him for
perjury in giving his testimony or upon his trial therefor.
R.L.1910, § 5729.
§22-343. Privilege of grand juror.
A grand juror cannot be questioned for anything he may say, or
any vote he may give in the grand jury, relative to a matter legally
pending before the jury, except for a perjury of which he may have
been guilty in making an accusation or giving testimony to his fellow
jurors.
R.L.1910, § 5729.
§22-344. Interpreter - Appointment - Compensation.
That upon the request of either the district attorney, or the
grand jurors, the district judge who has called a grand jury shall
appoint, whenever necessary, an interpreter, and shall swear him to
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secrecy, not to disclose any testimony or the name of any witness
which shall be presented to the grand jury except when testifying in
a court of record.
The compensation for any interpreter thus appointed shall be
fixed and allowed by the judge appointing him, and such fees, when
earned, may be allowed and paid from time to time as they accrue, and
shall be paid from the funds from which the grand jurors are paid.
Laws 1941, p. 88, § 1.
§22-345. Restrictions on sessions before and after elections.
No grand jury shall be convened or remain in session during a
period beginning thirty (30) days before any Primary, Runoff Primary,
or General Election, for state or county offices, and ending ten (10)
days after such Primary, Runoff Primary, or General Election. Any
grand jury in session at the commencement of any such period shall be
discharged forthwith. The provisions of this section shall not apply
to a multicounty grand jury convened pursuant to the Multicounty
Grand Jury Act, Section 350 et seq. of this title.
Amended by Laws 1990, c. 232, § 2, emerg. eff. May 18, 1990.
§22-346. Reports of investigations of public offices or
institutions.
In addition to any indictments or accusations that may be
returned, the grand jury, in their discretion, may make formal
written reports as to the condition and operation of any public
office or public institution investigated by them. No such report
shall charge any public officer, or other person with willful
misconduct or malfeasance, nor reflect on the management of any
public office as being willful and corrupt misconduct. It being the
intent of this section to preserve to every person the right to meet
his accusers in a court of competent jurisdiction and be heard, in
open court, in his defense.
Laws 1961, P. 237, Sec. 1.
§22-350. Multicounty Grand Jury Act - Conflicting provisions.
This act shall be known and may be cited as the "Multicounty
Grand Jury Act". All matters not specifically governed by the
provisions of the Multicounty Grand Jury Act shall be subject to the
provisions governing grand juries. If the provisions of the
Multicounty Grand Jury Act conflict with the provisions governing
grand juries, the provisions of the Multicounty Grand Jury Act shall
govern.
Added by Laws 1987, c. 99, § 1, eff. Nov. 1, 1987.
§22-351. Verified application - Order - Authority of district
attorney.
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A. 1. Whenever the Attorney General considers it to be in the
public interest to convene a grand jury with jurisdiction extending
beyond the boundaries of a single county, he or she shall file a
verified application with the Chief Justice of the Supreme Court, or
with such Justice of the Supreme Court as is designated by rule to
receive such application.
2. The application shall:
a. state that in the judgment of the Attorney General, the
convening of a multicounty grand jury is necessary
because of organized crime or public corruption, or
both, involving more than one county of the state and
that, in the judgment of the Attorney General, the
investigation cannot be adequately performed by a
county grand jury, and
b. specify those counties for which the multicounty grand
jury is to be convened.
3. The Supreme Court, within fifteen (15) days, shall determine
whether or not to issue an order convening the multicounty grand
jury. If an order is issued convening said jury, the purpose or
purposes shall be set forth in such order.
B. An order granting the convening of a multicounty grand jury
issued under subsection A of this section shall:
1. Convene a multicounty grand jury having jurisdiction over
any subject matter listed in Section 353 of this title which occurs
in any single county or in multiple counties of this state approved
by the Supreme Court and requested in the application by the Attorney
General;
2. Designate a district court judge to be the presiding judge
over such multicounty grand jury and provide that such judge shall,
with respect to investigations, indictments, reports, and all other
proper activities of said multicounty grand jury, have jurisdiction
over all counties in the jurisdiction of said multicounty grand jury;
and
3. Provide for such other incidental arrangements as may be
necessary, including a determination of the share of costs
attributable to the state.
C. The impaneling of a multicounty grand jury shall not be
construed to diminish the responsibility or the authority of any
district attorneys within their respective jurisdictions to
investigate and prosecute organized crime or public corruption, or
any other crime.
Added by Laws 1987, c. 99, § 2, eff. Nov. 1, 1987. Amended by Laws
2003, c. 388, § 1, eff. Nov. 1, 2003.
§22-352. Regular term - Extension.
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A. The regular term of a multicounty grand jury shall be
eighteen (18) months unless an order for discharge is entered
earlier:
1. by the court after the multicounty grand jury determines by
majority vote that its business is completed; or
2. by the court, on its own motion or on the motion of the
Attorney General, upon a determination that termination is in the
public interest.
B. The regular term of a multicounty grand jury may be extended
by the presiding judge for a specified time period upon a verified
petition by the Attorney General stating that an extension is
necessary to conclude a grand jury inquiry begun prior to the
expiration of the regular term. No jury so extended shall serve for
more than twenty-four (24) months, unless permission is granted by
the Supreme Court.
Added by Laws 1987, c. 99, § 3, eff. Nov. 1, 1987.
§22-353. Jurisdiction.
A. The jurisdiction of a multicounty grand jury impaneled under
the Multicounty Grand Jury Act shall extend throughout the state,
including but not limited to, a single county as designated in the
State Supreme Court's order convening the multicounty grand jury.
B. The subject matter jurisdiction of the multicounty grand jury
shall be limited to:
1. Murder;
2. Rape;
3. Bribery;
4. Extortion;
5. Arson;
6. Perjury;
7. Fraud;
8. Embezzlement;
9. Manufacturing, distribution, dispensing, possession or
possession with intent to manufacture, distribute or dispense, a
controlled dangerous substance, or any other violation of Section 2-
101 et seq. of Title 63 of the Oklahoma Statutes;
10. Organized crime, which for purposes of the Multicounty Grand
Jury Act, means any unlawful activity of an association trafficking
in illegal goods or services, including but not limited to, gambling;
loan sharking; controlled dangerous substances; labor racketeering,
or other unlawful activities; or any continuing criminal conspiracy
or other unlawful practice which has as its objectives improper
governmental influence or economic gain through fraudulent or
coercive practices;
11. Public corruption, which for purposes of the Multicounty
Grand Jury Act, means any unlawful activity under color of or in
connection with any public office or employment of any law
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enforcement officer, public official, public employee, candidate for
public office, or any agent thereof;
12. The registration or failure to register securities;
13. The offer or sale of securities;
14. The sale or purchase of goods or services by or for the
state or any political subdivision thereof, or the misappropriation
of funds belonging to or entrusted to the state or any political
subdivision thereof; and
15. All character and grades of crime pursuant to Section 18 of
Article II of the Oklahoma Constitution.
Added by Laws 1987, c. 99, § 4, eff. Nov. 1, 1987. Amended by Laws
1990, c. 232, § 3, eff. May 18, 1990; Laws 2003, c. 388, § 2, eff.
Nov. 1, 2003.
§22-354. Powers - Document copies or reproductions.
A. The multicounty grand jury shall have the power to:
1. compel the attendance of witnesses;
2. compel the testimony of witnesses under oath;
3. take testimony of witnesses who have been granted immunity;
4. require the production of documents, records and other
evidence;
5. obtain the initiation of civil and criminal contempt
proceedings; and
6. exercise any investigative power of any grand jury of the
state.
B. Any document produced before a multicounty grand jury may be
copied or reproduced. Each statement, question, comment, or response
of the presiding judge, the Attorney General or his designee, any
witness, any grand juror or any other person which is made in the
presence of the multicounty grand jury, except its deliberations and
the vote of any juror, shall be stenographically recorded or
transcribed, or both.
Added by Laws 1987, c. 99, § 5, eff. Nov. 1, 1987.
§22-355. Disclosures - Witness right to assistance of counsel.
A. Disclosure of matters occurring before the multicounty grand
jury other than its deliberations and the vote of any juror may be
used by the Attorney General in the performance of his duties. The
Attorney General may disclose so much of the multicounty grand jury's
proceedings to law enforcement agencies as he considers essential to
the public interest and effective law enforcement. Otherwise, a
grand juror, attorney, interpreter, stenographer, operator of any
recording device, or any typist who transcribes recorded testimony
may disclose matters occurring before the multicounty grand jury only
when so directed by the court. All such persons shall be sworn to
secrecy and shall be in contempt of court if they reveal any
information which they are sworn to keep secret.
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B. 1. A witness subpoenaed to appear and testify before a
multicounty grand jury or to produce documents, records, or other
evidence shall be entitled to the assistance of counsel, including
assistance during such time as the witness is questioned in the
presence of the multicounty grand jury.
2. If counsel desired by the witness is not available, the
witness shall obtain other counsel within a reasonable time in order
that the multicounty grand jury may proceed with its investigation.
3. Such counsel may be retained by the witness or shall be
appointed in the case of any person unable to procure sufficient
funds to obtain legal representation.
4. Such counsel shall be allowed to be present in the grand jury
room during the questioning of the witness and shall be allowed to
advise the witness but shall make no objections or arguments or
otherwise address the multicounty grand jury or its legal advisor.
The presiding judge shall have the same power to remove such counsel
from the grand jury room as a judge has with respect to an attorney
in any court proceeding. Violation of this subsection shall be
punishable as contempt.
C. No witness shall be prohibited from disclosing his testimony
before the multicounty grand jury except for cause shown in a hearing
before the presiding judge. In no event may a witness be prevented
from disclosing his testimony to his attorney.
Added by Laws 1987, c. 99, § 6, eff. Nov. 1, 1987.
§22-356. Jurisdictional limits - Investigations.
Nothing in the Multicounty Grand Jury Act shall be construed to
limit the jurisdiction of the county grand juries or district
attorneys nor shall an investigation by a multicounty grand jury be
preemptive of a previously instituted investigation by another grand
jury or agency having jurisdiction under the same subject matter
unless good cause is shown.
Added by Laws 1987, c. 99, § 7, eff. Nov. 1, 1987.
§22-357. Presentation of evidence - Power to prosecute.
The presentation of evidence to a multicounty grand jury shall be
made by the Attorney General or his designee. When an indictment or
accusation for removal is returned, the Attorney General, his
designee, or the designated district attorney in whose district the
case is filed, shall be empowered to prosecute such indictment or
accusation for removal in the district court where venue is proper.
Added by Laws 1987, c. 99, § 8, eff. Nov. 1, 1987.
§22-358. Venue - Consolidation of indictment.
A. Any indictment or accusation for removal by a multicounty
grand jury shall be returned to the presiding judge without
designation of venue. Thereupon, the judge, by order, shall
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designate the county of venue for the purpose of trial. The judge,
by order, may direct the consolidation of an indictment returned by a
county grand jury with an indictment returned by a multicounty grand
jury and fix venue for trial.
B. If a multicounty grand jury, pursuant to its investigation,
learns of an offense for which it lacks jurisdiction to indict, the
multicounty grand jury shall direct the Attorney General to inform
the appropriate prosecutorial authority.
Added by Laws 1987, c. 99, § 9, eff. Nov. 1, 1987.
§22-359. Prospective juror list - Numbers and qualifications.
A. The Administrative Director of the Courts, upon receipt of
the State Supreme Court order convening a multicounty grand jury,
shall prepare a list of up to two hundred prospective jurors drawn
from the current grand jury lists of the several counties designated
in the order.
B. A multicounty grand jury shall be comprised of the same
number of members having the same qualifications as provided by law
for a county grand jury; provided, however, not more than one-half
(1/2) of the members of a multicounty grand jury shall be residents
of any one county.
C. Where an electronic jury management system has been
authorized for use in the courts pursuant to Section 13 of this act,
the Administrative Director of the Courts is authorized to select and
summon multicounty grand jurors utilizing the automated functionality
provided in the jury management system.
D. The process of impaneling the multicounty grand jury shall be
conducted under the supervision and control of the judge presiding
over the multicounty grand jury and may be conducted in the same
manner as is provided by law for impanelment of county grand and
petit juries using the electronic jury management system.
E. Whenever the approved electronic jury management system is
used to randomly select and sequentially order juror names during any
step in the multicounty grand jury selection process, the laws
relating to the use of a jury wheel, and laws requiring paper ballots
drawn from a jury wheel or a shaken box, shall not apply, including
but not limited to those requirements set forth in Sections 301
through 363 and Sections 591 through 693 of this title.
Added by Laws 1987, c. 99, § 10, eff. Nov. 1, 1987. Amended by Laws
2004, c. 239, § 1, eff. July 1, 2004; Laws 2015, c. 242, § 1, emerg.
eff. May 4, 2015.
§22-360. Summons for service.
A. The court clerk of the county in which a prospective member
of a multicounty grand jury resides, upon receipt from the
Administrative Director of the Courts of a list of prospective
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multicounty grand jurors residing in the county, shall cause such
prospective jurors to be summoned for service.
B. Where an electronic jury management system has been
authorized for use in the courts pursuant to Section 13 of this act,
the Administrative Director of the Courts is authorized to issue and
serve summons to the panel of prospective multicounty grand jurors
utilizing the approved system. The Administrative Director of the
Courts shall develop a standard summons form for multicounty grand
jurors. The Administrative Director of the Courts is authorized to
utilize the jury management system to prepare the summons and shall
mail the summons by first-class mail to every person whose name is
drawn for the multicounty grand jury, not less than ten (10) days
prior to the day the person is to appear.
Added by Laws 1987, c. 99, § 11, eff. Nov. 1, 1987. Amended by Laws
2015, c. 242, § 2, emerg. eff. May 4, 2015.
§22-361. Foreman.
From the persons selected to serve as multicounty grand jurors,
the court shall appoint a foreman. The court shall also appoint a
foreman when a person already appointed is discharged or excused
before the multicounty grand jury is dismissed.
Added by Laws 1987, c. 99, § 12, eff. Nov. 1, 1987.
§22-362. Costs and expenses.
The costs and expenses incurred by any multicounty grand jury in
the performance of its functions and duties shall be paid by the
state out of funds appropriated to the Office of the Attorney
General.
Added by Laws 1987, c. 99, § 13, eff. Nov. 1, 1987.
§22-363. Compensation and reimbursement.
Multicounty grand jurors shall be compensated as provided in
Section 86 of Title 28 of the Oklahoma Statutes, and shall be
reimbursed for necessary expenses on a per diem basis in the same
manner and at the same rate as is prescribed by law for state
employees.
Added by Laws 1987, c. 99, § 14, eff. Nov. 1, 1987.
§22-381. Indictment may be found by nine - Endorsement.
An indictment cannot be found without the concurrence of at least
nine grand jurors. When so found it must be endorsed "A True Bill",
and the endorsement must be signed by the foreman.
R.L.1910, § 5730.
§22-382. Charge dismissed, when.
If nine grand jurors do not concur in finding an indictment
against a defendant who has been held to answer the original
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information or the certified record of the proceedings before the
magistrate transmitted to them, must be returned to the court, with
an endorsement thereon, signed by the foreman, to the effect that the
charge is dismissed.
R.L.1910, § 5731.
§22-383. Resubmission of charge.
The dismissal of the charge does not, however, prevent its being
again submitted to a grand jury as often as the court may so direct.
But without such direction it cannot be again submitted.
R.L.1910, § 5732.
§22-384. Names of witnesses endorsed on indictment.
When an indictment is found, the names of the witnesses examined
before the grand jury must be endorsed thereon before the same is
presented to the court, but a failure to so endorse the said names
shall not be sufficient reason for setting aside the indictment if
the district attorney or prosecuting officer will within a reasonable
time, to be fixed by the court, endorse the names of the witnesses
for the prosecution on the indictment. Provided that the names of
witnesses examined before the grand jury on matters not concerning
the indictment in question shall not be endorsed on the indictment
relative to such case. The court or judge may, at any time, direct
the names of additional witnesses for the prosecution to be endorsed
on the indictment, and shall order that such names be furnished to
the defendant or his counsel.
R.L.1910, § 5733; Laws 1967, c. 268, § 1, emerg. eff. May 8, 1967.
§22-385. Presentment and filing of indictment - Prohibition against
disclosure.
An indictment, when found by the grand jury, must be presented by
their foreman, in their presence, to the court, and must be filed
with the clerk, and remain in the clerk's office as a public record.
Upon the request of the grand jury's legal advisor, the presiding
judge of the grand jury may order the indictment sealed until the
defendant is arrested.
R.L.1910, § 5734. Amended by Laws 1961, p. 237, § 1; Laws 2012, c.
176, § 2, eff. Nov. 1, 2012.
§22-386. Proceedings where defendant at large.
When an indictment is found against a defendant who has not been
previously arrested, and is not under bail, the same proceedings must
be had as are prescribed against a defendant who fails to appear for
arraignment.
R.L.1910, § 5735.
§22-387. Forms and rules of pleading.
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All forms of pleading in criminal actions, and rules by which the
sufficiency of pleadings is to be determined are those prescribed by
this code.
R.L.1910, § 5736.
§22-388. Indictment or information is first pleading.
The first pleading on the part of the state is the indictment or
information.
R.L.1910, § 5737.
§22-401. Requisites of indictment or information.
The indictment or information must contain:
1. The title of the action, specifying the name of the court to
which the indictment or information is presented, and the names of
the parties.
2. A statement of the acts constituting the offense, in ordinary
and concise language, and in such manner as to enable a person of
R.L.1910, § 5738.
§22-402. Indictment or information must be certain and direct.
The indictment or information must be direct and certain as it
regards:
1. The party charged.
2. The offense charged.
3. The particular circumstances of the offense charged, when
they are necessary to constitute a complete offense.
R.L.1910, § 5739.
§22-403. Designation of defendant by fictitious name.
When a defendant is indicted or prosecuted by a fictitious or
erroneous name, and in any stage of the proceedings his true name is
discovered, it must be inserted in the subsequent proceedings,
referring to the fact of his being charged by the name mentioned in
the indictment or information.
R.L.1910, § 5740.
§22-404. Single offense to be charged - Different counts.
The indictment or information must charge but one offense, but
where the same acts may constitute different offenses, or the proof
may be uncertain as to which of two or more offenses the accused may
be guilty of, the different offenses may be set forth in separate
counts in the same indictment or information and the accused may be
convicted of either offense, and the court or jury trying the cause
may find all or either of the persons guilty of either of the
offenses charged, and the same offense may be set forth in different
forms or degrees under different counts; and where the offense may be
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committed by the use of different means, the means may be alleged in
the alternative in the same count.
R.L.1910, § 5741.
§22-405. Allegation of time.
The precise time at which the offense was committed need not be
stated in the indictment or information; but it may be alleged to
have been committed at any time before the finding thereof, except
where the time is a material ingredient in the offense.
R.L.1910, § 5742.
§22-406. Misdescription of person injured or intended to be injured.
When an offense involves the commission of, or an attempt to
commit a private injury, and is described with sufficient certainty
in other respects to identify the act, an erroneous allegation as to
the person injured, or intended to be injured, is not material.
R.L.1910, § 5743. d
§22-407. Words, how construed.
The words used in an indictment or information must be construed
in their usual acceptation, in common language, except words and
phrases defined by law, which are to be construed according to their
legal meaning.
R.L.1910, § 5744.
§22-408. Statute not strictly pursued.
Words used in a statute to define a public offense, need not be
strictly pursued in the indictment or information; but other words
conveying the same meaning may be used.
R.L.1910, § 5745.
§22-409. Indictment or information, when sufficient.
The indictment or information is sufficient if it can be
understood therefrom:
1. That it is entitled in a court having authority to receive
it, though the name of the court be not stated.
2. That it was found by a grand jury or presented by the
district attorney of the county in which the court was held.
3. That the defendant is named, or if his name cannot be
discovered, that he is described by a fictitious name, with the
statement that his true name is unknown.
4. That the offense was committed at some place within the
jurisdiction of the court, except where the act, though done without
the local jurisdiction of the county, is triable therein.
5. That the offense was committed at some time prior to the time
of filing the indictment or information.
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6. That the act or omission charged as the offense is clearly
and distinctly set forth in ordinary and concise language, without
repetition, and in such a manner as to enable a person of common
understanding to know what is intended.
7. That the act or omission charged as the offense, is stated
with such a degree of certainty, as to enable the court to pronounce
judgment upon a conviction according to the right of the case.
R.L.1910, § 5746.
§22-411. Matters which need not be stated.
Neither presumptions of law, nor matters of which judicial notice
is taken, need be stated in an indictment or information.
R.L.1910, § 5748.
§22-412. Pleading a judgment.
In pleading a judgment or other determination of, or proceeding
before a court or officer of special jurisdiction it is not necessary
to state the facts conferring jurisdiction; but the judgment or
determination may be stated to have been duly given or made. The
facts constituting jurisdiction, however, must be established on the
trial.
R.L.1910, § 5749.
§22-413. Pleading private statute.
In pleading a private statute, or a right derived therefrom, it
is sufficient to refer to the statute by its title and the day of its
passage, and the court must thereupon take judicial notice thereof.
R.L. 1910, Sec. 5750.
§22-421. Arson - Omission or error in designating owner or occupant.
An omission to designate, or error in designating in indictment
for arson, the owner or occupant of a building, shall not prejudice
the proceedings thereupon, if it appears that upon the whole
description given of the building, it is sufficiently identified to
enable the prisoner to prepare his defense.
R.L.1910, § 2604.
§22-422. Libel, indictment or information for.
An indictment or information for libel need not set forth any
extrinsic facts for the purpose of showing the application to the
party libeled of the defamatory matter on which the indictment or
information is founded, but it is sufficient to state generally that
0"* "".$! "!.! "4-5
the same was published concerning him, and the fact that it was so
published must be established on the trial.
R.L.1910, § 5751.
§22-423. Forgery, misdescription of forged instrument immaterial,
when.
When an instrument, which is the subject of an indictment or
information for forgery, has been destroyed or withheld by the act or
procurement of the defendant, and the fact of the destruction or
withholding is alleged in the indictment or information and
established on the trial, the misdescription of the instrument is
immaterial.
R.L.1910, § 5752.
§22-424. Perjury, indictment or information for.
In an indictment or information for perjury, or subornation of
perjury, it is sufficient to set forth the substance of the
controversy or matter in respect to which the offense was committed,
and in what court or before whom the oath alleged to be false was
taken; and that the court or person before whom it was taken had
authority to administer it, with proper allegations of the falsity of
the matter on which the perjury is assigned; but the indictment or
information need not set forth the pleadings, record, or proceedings
with which the oath is connected, nor the commission or authority of
the court or person before whom the perjury was committed.
R.L.1910, § 5753.
§22-425. Larceny or embezzlement, indictment or information for.
In an indictment or information for the larceny or embezzlement
of money, bank notes, certificates of stock or valuable securities,
or for a conspiracy to cheat and defraud a person of any such
property, it is sufficient to allege the larceny or embezzlement, or
the conspiracy to cheat and defraud, to be of money, bank notes,
certificates of stock or valuable securities, without specifying the
coin, number, denomination or kind thereof.
R.L.1910, § 5754.
§22-426. Obscene literature, indictment or information for handling.
0"* "".$! "!.! "4-7
An indictment or information for exhibiting, publishing, passing,
selling or offering to sell, or having in possession with such
intent, any lewd or obscene book, pamphlet, picture, print, card,
paper or writing, need not set forth any portion of the language used
or figures shown upon such book, pamphlet, picture, print, card,
paper or writing, but it is sufficient to state generally the fact of
the lewdness or obscenity thereof.
R.L.1910, § 5755. d
§22-431. Several defendants.
Upon an indictment or information against several defendants, any
one or more may be convicted or acquitted.
R.L.1910, § 5756.
§22-432. Accessories and principals in felony.
The distinction between an accessory before the fact and a
principal, and between principals in the first and second degree, in
cases of felony, is abrogated, and all persons concerned in the
commission of a felony, whether they directly commit the act
constituting the offense, or aid and abet in its commission, though
not present, must be prosecuted, tried and punished as principals,
and no additional facts need be alleged in any indictment or
information against such an accessory than are required in an
indictment or information against his principal.
R.L. 1910, Sec. 5757.
§22-433. Accessory tried independently of principal.
An accessory to the commission of a felony may be prosecuted,
tried and punished, though the principal felon be neither prosecuted
nor tried, and though the principal may have been acquitted.
R.L.1910, § 5758.
§22-434. Compounding a crime - Separate prosecution.
A person may be prosecuted for having, with the knowledge of the
commission of a public offense, taken money or property of another,
or a gratutiy or reward, or an engagement or promise therefor, upon
the agreement or understanding, express or implied, to compound or
conceal the offense, or to abstain from a prosecution therefor, or to
withhold any evidence thereof, though the person guilty of the
original offense have not been indicted or tried.
R.L.1910, § 5759.
§22-436. Charging of two or more defendants in same indictment or
information - Counts.
Two or more defendants may be charged in the same indictment or
information if they are alleged to have participated in the same act
or transaction or in the same series of acts or transactions
0"* "".$! "!.! "4-8
constituting an offense or offenses. Such defendants may be charged
in one or more counts together or separately, provided that all of
the defendants charged together in the same indictment or information
are alleged to have participated in all of the same acts or
transactions charged.
Laws 1968, c. 311, § 1.
§22-437. Singular to include the plural.
All laws in this chapter wherein the singular of words is used
are hereby amended to include the plural of such words to give effect
to the purpose of this act.
Laws 1968, c. 311, § 2.
§22-438. Trial of two or more indictments or informations.
The court may order two or more indictments or informations or
both to be tried together if the offenses and the defendants, if
there is more than one, could have been joined in a single indictment
or information. The procedure shall be the same as if the
prosecution was under such single indictment or information.
Laws 1968, c. 311, § 3.
§22-439. Relief from prejudicial joinder.
If it appears that a defendant or the state is prejudiced by
joinder of offenses or of defendants in an indictment or information
or by such joinder for trial together, the court shall order an
election or separate trial of counts, grant a severance of
defendants, or provide whatever other relief justice requires.
Laws 1968, c. 311, § 4.
§22-440. Repeal of conflicting laws.
All laws or parts of laws in conflict herewith are hereby
repealed.
Laws 1968, c. 311, § 5.
§22-441. Indictments - When and where transferred.
The grand jury of each county in the state is hereby empowered
and authorized to investigate all felonies and misdemeanors committed
in their respective jurisdictions; and upon the filing of an
indictment in the district court, which charges an offense over which
such court has no jurisdiction, the judge of such court shall as soon
as convenient, make an order transferring the same to such inferior
court as may have jurisdiction to try the offense therein charged,
stating in such order the cause transferred, and to what court
transferred.
R.L.1910, § 5551.
§22-442. Records to be certified to proper court - Costs.
0"* "".$! "!.! "4-9
It shall be the duty of the clerk of the district court, without
delay, to deliver the indictment in all cases transferred, together
with all the papers relating to each case, to the proper court or
justice of the peace, as directed in the order of transfer; and he
shall accompany each case with a certified copy of all the
proceedings taken therein in the district court, and also with a bill
of the costs that have accrued therein in the district court, and the
said costs shall be collected in the court in which said cause is
tried, in the same manner as other costs are collected in criminal
cases.
R.L.1910, § 5552.
§22-443. Entry on docket - Process and trial.
All cases transferred from the district court shall be entered on
the docket of the court to which they are transferred, and all
process thereon shall be issued, and the defendant tried in the same
manner as if the cause had originated in the court to which they have
been transferred.
R.L.1910, § 5553.
§22-444. Retransfer in case of error.
When a cause has been improperly transferred to a court which has
no jurisdiction of the same, the court to which it has been
transferred shall order it to be retransferred to the proper court,
and the same proceedings shall be had as in the case of original
transfer. In such case the defendant and the witnesses shall be held
bound to appear before the court to which the case has been
retransferred, the same as they were bound to appear before the court
so transferring the same.
R.L.1910, § 5554.
§22-445. Transfer to county of proper venue.
In all criminal cases pending in any county where the venue
properly lies in another county, the court may, upon motion of the
county attorney, or upon its own motion, transfer such cause to the
county of proper venue; such transfer, in all respects, shall be made
in the manner provided by law.
R.L.1910, § 5555.
§22-451. Arraignment.
When the indictment or information is filed, the defendant must
be arraigned thereon before the court in which it is filed, if
triable therein; if not, before the court to which it is removed or
transmitted.
R.L.1910, § 5760.
§22-452. Defendant must appear personally, when.
0"* "".$! "!.! "42:
If the indictment or information is for a felony the defendant
must be personally present, but if for a misdemeanor only, his
personal appearance is unnecessary, and he may appear upon the
arraignment by counsel.
R.L.1910, § 5761.
§22-453. Officer to bring defendant before court.
When his personal appearance is necessary, if he be in custody, the
court may direct the officer in whose custody he is to bring him
R.L.1910, § 5762.
§22-454. Bench warrant to issue, when.
If the defendant has been discharged on bail, or have deposited
money instead thereof, and does not appear to be arraigned, when his
personal attendance is necessary, the court in addition to the
forfeiture of the undertaking of bail or of the money deposited, may
direct the clerk to issue a bench warrant for his arrest.
R.L.1910, § 5763.
§22-455. Bench warrant may issue into one or more counties.
The clerk, on the application of the district attorney, may,
accordingly, at any time after the order, whether the court be
sitting or not, issue a bench warrant in one or more counties.
R.L.1910, § 5764.
§22-456. Bench warrant, form of, in case of felony.
The bench warrant must, if the offense is a felony, be
substantially in the following form:
County of..........
State of Oklahoma,
To any sheriff, constable, policeman or marshal in this state:
An indictment having been found (or information filed) on
the ......... day of ......... , A. D., 19... , in the district court
in and for the county of ....... , charging C. D. with the crime
of ........ , (designating it generally) you are therefore commanded
forthwith to arrest the above named C. D., and bring him before the
court (or before the court to which the indictment or information may
have been removed, naming it) to answer said indictment or
information; or if the court have adjourned for the term, that you
deliver him into the custody of the sheriff of the county
of ............
Given under my hand, with the seal of said court affixed
this ..... day of ...... A. D., 19.....
By order of the court.
(Seal) E. F., Clerk.
R.L.1910, § 5765.
0"* "".$! "!.! "42
§22-456A. Bench warrant, fee for issuance of.
For the issuance of each bench warrant for a defendant's failure
to pay court costs, fines, fees, or assessments in felony,
misdemeanor, or traffic cases, the court clerk shall charge and
collect a fee of Five Dollars ($5.00). The fee shall be included in
the execution bond amount on the face of the bench warrant which is
issued for the defendant's failure to pay and shall be in addition to
the delinquent amount owed by the defendant. This fee shall be
deposited in the court clerk's revolving fund pursuant to the
provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Added by Laws 1995, c. 132, § 1, eff. Nov. 1, 1995.
§22-457. Bench warrant in case of misdemeanor or bailable felony.
If the offense is a misdemeanor or a bailable felony, the bench
warrant must be in a similar form, adding to the body thereof a
direction to the following effect:
Or if he requires it that you take him before any magistrate in
that county or in county in which you arrest him, that he may give
bail to answer the indictment or information.
R.L.1910, § 5766.
§22-458. Court to fix amount of bail - Endorsement.
If the offense charged is bailable the court, upon directing the
bench warrant to issue, must fix the amount of bail and an
endorsement must be made on the bench warrant and signed by the
clerk, to the following effect:
The defendant is to be admitted to bail in the sum of .........
Dollars.
R.L.1910, § 5767.
§22-459. Defendant held when offense not bailable.
The defendant, when arrested under a warrant for an offense not
bailable, shall be held in custody by the sheriff of the county in
which the indictment or information is filed. If the sheriff has
contracted for the custody of prisoners in the county, such
contractor shall be required to hold in custody any prisoner
delivered to the contractor pursuant to this section.
R.L.1910, § 5768. Amended by Laws 2003, c. 199, § 4, eff. Nov. 1,
2003.
§22-460. Bench warrant served in any county.
The bench warrant may be served in any county in the same manner
as a warrant of arrest, except that when served in another county it
need not be endorsed by a magistrate of that county.
R.L.1910, § 5769.
§22-461. Taking bail in another county.
0"* "".$! "!.! "42
If the defendant is brought before a magistrate of another county
for the purpose of giving bail, the magistrate must proceed in
respect thereto, in the same manner as if the defendant had been
brought before him upon a warrant of arrest, and the same proceedings
may be had thereon.
R.L.1910, § 5770.
§22-462. Defendant committed or bail increased after indictment or
information.
When the indictment or information is for a felony, and the
defendant, before the finding thereof, has given bail for his
appearance to answer the charge, the court to which the indictment or
information is presented, or sent or removed for trial, may order the
defendant to be committed to actual custody, either without bail, or
unless he give bail in an increased amount, to be specified in the
order.
R.L.1910, § 5771. R.L.1910, § 5771.
§22-463. Commitment order, execution of.
If the defendant is present when the order is made he must be
forthwith committed accordingly. If he is not present, a bench
warrant must be issued and proceeded upon in the manner provided in
this chapter.
R.L.1910, § 5772.
§22-464. Repealed by Laws 1991, c. 238, § 37, eff. July 1, 1991.
§22-465. Arraignment made, how.
The arraignment must be made by the court, or by the clerk or
district attorney, under its direction, and consists in reading the
indictment or information to the defendant, and asking him whether he
pleads guilty or not guilty thereto.
R.L.1910, § 5774.
§22-466. Name of defendant.
When the defendant is arraigned he must be informed that if the
name by which he is prosecuted be not his true name, he must then
declare his true name or be proceeded against by the name in the
indictment or information.
R.L.1910, § 5775.
§22-467. Proceedings when defendant gives no other name.
If he gives no other name, the court may proceed accordingly.
R.L.1910, § 5776.
§22-468. Proceedings where another name given.
0"* "".$! "!.! "42+
If he alleges that another name is his true name, the court must
direct an entry thereof in the minutes of the arraignment, and the
subsequent proceedings on the indictment or information may be had
against him by that name, referring also to the name by which he is
indicted or informed against.
R.L.1910, § 5777.
§22-469. Necessity for filing information after preliminary
examination.
It shall not be necessary to file an information after the
preliminary examination where the complaint or preliminary
information satisfies the requirements for an information.
Laws 1968, c. 175, § 3, eff. Jan. 13, 1969.
§22-470. Time for arraignment upon charge of felony.
The arraignment of the defendant shall be held within thirty (30)
days after the defendant is ordered held for trial upon a preliminary
information charging the commission of a felony; provided, for good
cause, the court may set a later date.
Laws 1968, c. 175, § 4, eff. Jan. 13, 1969.
§22-471. Short title.
Sections 1 through 12 of this act shall be known and may be cited
as the "Oklahoma Drug Court Act".
Added by Laws 1997, c. 359, § 1, eff. July 1, 1997.
§22-471.1. Authorization of drug court programs.
A. For purposes of this act, "drug court", "drug court program"
or "program" means an immediate and highly structured judicial
intervention process for substance abuse treatment of eligible
offenders which expedites the criminal case, and requires successful
completion of the plea agreement.
B. Each district court of this state is authorized to establish
a drug court program pursuant to the provisions of this act, subject
to availability of funds. Juvenile drug courts may be established
based upon the provisions of this act; provided, however, juveniles
shall not be held, processed, or treated in any manner which violates
any provision of Title 10A of the Oklahoma Statutes.
C. Drug court programs shall not apply to any violent criminal
offense. Eligible offenses may further be restricted by the rules of
the specific drug court program. Nothing in this act shall be
construed to require a drug court to consider every offender with a
treatable condition or addiction, regardless of the fact that the
controlling offense is eligible for consideration in the program.
Traditional prosecution shall be required where an offender is
determined not appropriate for the drug court program.
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D. Drug court programs shall require a separate judicial
processing system differing in practice and design from the
traditional adversarial criminal prosecution and trial systems.
Whenever possible, a drug court team shall be designated consisting
of a judge to administer the program, a district attorney, a defense
attorney, and other persons designated by the drug court team who
shall have appropriate understanding of the goals of the program and
of the appropriate treatment methods for the various conditions. The
assignment of any person to the drug court team shall not preclude
the assigned person from performing other duties required in the
course of their office or employment. The chief judge of the
judicial district, or if the district has more than one chief judge
than the presiding judge of the Administrative Judicial District,
shall designate one or more judges to administer the drug court
program. The assignment of any judge to a drug court program or the
designation of a drug court docket shall not mandate the assignment
of all substance abuse related cases to the drug court docket or the
program; however, nothing in this act shall be construed to preclude
the assignment of all criminal cases relating to substance abuse or
drug possession as provided by the rules established for the specific
drug court program.
E. When a drug court program is established, the arresting
officer shall file the criminal case record for potentially eligible
offenders with the district attorney within four (4) days of the
arrest. The district attorney shall file an information in the case
within twenty-four (24) hours of receipt of the criminal case record
when the offender appears eligible for consideration for the program.
The information may be amended as necessary when an offender is
denied admittance into the drug court program or for other purposes
as provided in Section 304 of this title. Any person arrested upon a
warrant for his or her arrest shall not be eligible for the drug
court program without the approval of the district attorney. Any
criminal case which has been filed and processed in the traditional
manner shall be cross-referenced to a drug court case file by the
court clerk, if the case is subsequently assigned to the drug court
program. The originating criminal case file shall remain open to
public inspection. The judge shall determine what information or
pleadings are to be retained in the drug court case file, which shall
be closed to public inspection.
F. The court may request assistance from the Department of
Mental Health and Substance Abuse Services which shall be the primary
agency to assist in developing and implementing a drug court program
or from any state or local agency in obtaining the necessary
treatment services which will assure maximum opportunity for
successful treatment, education, and rehabilitation for offenders
admitted to the program. All participating state and local agencies
0"* "".$! "!.! "422
are directed to coordinate with each other and cooperate in assisting
the district court in establishing a drug court program.
G. Each drug court program shall ensure, but not be limited to:
1. Strong linkage between participating agencies;
2. Access by all participating parties of a case to information
on the progress of the offender;
3. Vigilant supervision and monitoring procedures;
4. Random substance abuse testing;
5. Provisions for noncompliance, modification of the treatment
plan, and revocation proceedings;
6. Availability of residential treatment facilities and
outpatient services;
7. Payment of court costs, treatment costs, supervision fees,
and program user fees by the offender;
8. Methods for measuring application of disciplinary sanctions,
including provisions for:
a. increased supervision,
b. urinalysis testing,
c. intensive treatment,
d. short-term confinement not to exceed five (5) days,
e. recycling the offender into the program after a
disciplinary action for a minimum violation of the
treatment plan,
f. reinstating the offender into the program after a
disciplinary action for a major violation of the
treatment plan, and
g. revocation from the program; and
9. Methods for measuring performance-based effectiveness of each
individual treatment provider's services.
H. All drug court programs shall be required to keep reliable
data on recidivism, relapse, restarts, sanctions imposed, and
incentives given.
I. Nothing in this section shall prohibit any county from
establishing a drug court for misdemeanor offenses. Such misdemeanor
drug courts shall follow the rules and regulations of felony drug
courts except that the penalty for revocation shall not exceed one
(1) year in the county jail or the maximum penalty for the
misdemeanor allowed by statute, whichever is less. The Department of
Mental Health and Substance Abuse Services shall provide technical
assistance to the counties that establish misdemeanor drug courts.
Added by Laws 1997, c. 359, § 2, eff. July 1, 1997. Amended by Laws
2008, c. 37, § 1, eff. Nov. 1, 2008; Laws 2009, c. 234, § 131, emerg.
eff. May 21, 2009; Laws 2016, c. 222, § 1, eff. Nov. 1, 2016.
§22-471.2. Eligibility and request for drug court program.
A. The opportunity for review of an offender for a drug court
program shall occur at any time prior to disposition of the case and
0"* "".$! "!.! "425
sentencing of the offender, including sentencing on a petition to
revoke a suspended sentence or any probation violation. When a drug
court is established, the following information shall be initially
reviewed by the sheriff or designee, if the offender is held in a
county jail, or by the chief of police or designee, if the offender
is held in a city jail:
1. The offender's arrest or charge does not involve a crime of
violence against any person, unless there is a specific treatment
program in the jurisdiction designed to address domestic violence and
the offense is related to domestic violence and substance abuse;
2. The offender has no prior felony conviction in this state or
another state for a violent offense within the last ten (10) years,
except as may be allowed in a domestic violence treatment program
authorized by the drug court program. It shall be sufficient for
this paragraph that a criminal history records name search was
conducted and indicated no apparent violent offense;
3. The offender's arrest or charge does not involve a violation
of the Trafficking In Illegal Drugs Act;
4. The offender has committed a felony offense; and
5. The offender:
a. admits to having a substance abuse addiction,
b. appears to have a substance abuse addiction,
c. is known to have a substance abuse addiction,
d. the arrest or charge is based upon an offense eligible
for the drug court program, or
e. is a person who has had an assessment authorized by
Section 3-704 of Title 43A of the Oklahoma Statutes or
drug court investigation and the assessment or
investigation recommends the drug court program.
B. If it appears to the reviewing officer that the offender may
be potentially eligible for the drug court program based upon a
review of the information in subsection A of this section, the
offender shall be given an eligibility form which may be voluntarily
completed by the offender, and the reviewing officer shall file the
criminal case record within the time prescribed in subsection E of
Section 471.1 of this title. The offender shall not automatically be
considered for the program based upon this review. The offender must
request consideration for the drug court program as provided in
subsection C of this section and shall have approval from the
district attorney before being considered for the drug court program.
The eligibility form shall describe the drug court program for which
the offender may be eligible, including, but not limited to:
1. A full description of the drug court process and
investigation;
2. A general explanation of the roles and authority of the
supervising staff, the district attorney, the defense attorney, the
0"* "".$! "!.! "427
treatment provider, the offender, and the judge in the drug court
program;
3. A clear statement that the drug court judge may decide after
a hearing not to consider the offender for the drug court program and
in that event the offender will be prosecuted in the traditional
manner;
4. A clear statement that the offender is required, before
consideration in the program, to enter a guilty plea as part of a
written plea agreement;
5. A clear statement that the plea agreement will specify the
offense to which the guilty plea will be entered and will state any
penalty to be imposed for the offense, both in the event of a
successful completion of the drug court program, and in the event of
a failure to complete the program;
6. A clear statement that the offender must voluntarily agree
to:
a. waive the right to a speedy trial,
b. waive the right to a preliminary hearing,
c. the terms and conditions of a treatment plan, and
d. sign a performance contract with the court;
7. A clear statement that the offender, if accepted into the
drug court program, may not be incarcerated for the offense in a
state correctional institution or jail upon successful completion of
the program;
8. A clear statement that during participation in the drug court
program should the offender fail to comply with the terms of the
agreement, the offender may be sanctioned to serve a term of
confinement of six (6) months in an intermediate revocation facility
operated by the Department of Corrections. An offender shall not be
allowed to serve more than two separate terms of confinement in an
intermediate revocation facility;
9. A clear statement that during participation in the drug court
program should the offender:
a. fail to comply with the terms of the agreements,
b. be convicted of a misdemeanor offense which reflects a
propensity for violence,
c. be arrested for a violent felony offense, or
d. be convicted of any felony offense,
the offender may be required, after a court hearing, to be revoked
from the program and sentenced without trial pursuant to the
punishment provisions of the negotiated plea agreement; and
10. An explanation of the criminal record retention and
disposition resulting from participation in the drug court program
following successful completion of the program.
C. 1. The offender may request consideration for the drug court
program as follows:
0"* "".$! "!.! "428
a. if the offender is incarcerated, the offender must sign
and complete the eligibility form and return it to the
sheriff, if the offender is held in the county jail; or
to the chief of police, if the offender is held in a
city jail. The sheriff or chief of police, upon
receipt of the eligibility form, shall file the form
with the district attorney at the time of filing the
criminal case record or at any time during the period
of incarceration when the offender completes the form
after the criminal case record has been filed, or
b. after release of the offender from incarceration, the
offender must sign and complete the eligibility form
and file it with the district attorney or the court,
prior to or at the time of either initial appearance or
arraignment.
2. Any offender desiring legal consultation prior to signing or
completing the form for consideration in a drug court program shall
be referred to the defense attorney of the drug court team, or a
public defender, if the offender is indigent, or allowed to consult
with private legal counsel.
3. Nothing contained in the provisions of this subsection shall
prohibit the drug court from considering any offender deemed eligible
for the program at any time prior to sentencing whose case has been
prosecuted in the traditional manner, or upon a violation of parole
or probation conditions relating to substance abuse, upon
recommendation of the district attorney as provided in Section 471.8
of this title.
D. When an offender has filed a voluntary request to be
considered for a drug court program on the appropriate form, the
district attorney shall indicate his or her approval of the request
by filing the form with the drug court judge. Upon the filing of the
request form by the district attorney, an initial hearing shall be
set before the drug court judge. The hearing shall be not less than
three (3) work days nor more than five (5) work days after the date
of the filing of the request form. Notice of the hearing shall be
given to the drug court team, or in the event no drug court team is
designated, to the offender, the district attorney, and to the public
defender. The offender shall be required to notify any private legal
counsel of the date and time of the hearing.
Added by Laws 1997, c. 359, § 3, eff. July 1, 1997. Amended by Laws
2009, c. 290, § 1, eff. Nov. 1, 2009; Laws 2012, c. 228, § 2, eff.
Nov. 1, 2012; Laws 2016, c. 222, § 2, eff. Nov. 1, 2016; Laws 2018,
c. 253, § 1, eff. Nov. 1, 2018.
§22-471.3. Initial hearing.
0"* "".$! "!.! "429
A. At the initial hearing for consideration of an offender for a
drug court program, the district attorney shall determine whether or
not:
1. The offender has approval to be considered for the drug court
program;
2. The offender has been admitted to the program within the
preceding five (5) years; provided, having been admitted to a drug
court program within the previous five (5) years shall not make the
offender ineligible for consideration; and
3. Any statutory preclusion, other prohibition, or program
limitation exists and is applicable to considering the offender for
the program.
The district attorney may object to the consideration of an
offender for the drug court program at the initial hearing.
B. If the offender voluntarily consents to be considered for the
drug court program, has signed and filed the required form requesting
consideration, and no objection has been made by the district
attorney, the court shall refer the offender for a drug court
investigation as provided in Section 471.4 of this title, and set a
date for a hearing to determine final eligibility for admittance into
the program.
C. Upon any objection of the district attorney for consideration
of an offender for the program, the court shall deny consideration of
the offender's request for participation in the drug court program.
Upon denial for consideration in the drug court program at the
initial hearing, the criminal case shall proceed in the traditional
manner. An objection by the district attorney and the subsequent
denial of consideration of the offender for the program shall not
preclude any future consideration of the offender for the drug court
program with the approval of the district attorney.
Added by Laws 1997, c. 359, § 4, eff. July 1, 1997. Amended by Laws
2018, c. 253, § 2, eff. Nov. 1, 2018.
§22-471.4. Drug court investigation.
A. When directed by the drug court judge, the supervising staff
for the drug court program shall make an investigation of the
offender under consideration to determine whether or not the offender
is a person who:
1. Would benefit from the drug court program; and
2. Is appropriate for the drug court program.
B. The drug court investigation shall be conducted through a
standardized screening test and personal interview. A more
comprehensive assessment may take place at the time the offender
enters the treatment portion of the program and may take place at any
time after placement in the drug court program. The investigation
shall determine the original treatment plan which the offender will
be required to follow, if admitted to the program. Any subsequent
0"* "".$! "!.! "45:
assessments or evaluations by the treatment provider, if the offender
is admitted to the program, may be used to determine modifications
needed to the original treatment plan. The investigation shall
include, but not be limited to, the following information:
1. The person's age and physical condition;
2. Employment and military service records;
3. Educational background and literacy level;
4. Community and family relations;
5. Prior and current drug and alcohol use;
6. Mental health and medical treatment history, including
substance abuse treatment history;
7. Demonstrable motivation; and
8. Other mitigating or aggravating factors.
C. The drug court investigation may be conducted before or after
the initial hearing for consideration but shall occur before the
hearing for final determination of eligibility for the drug court
program. When an offender is appropriate for admittance to the
program, the supervising staff shall make a recommendation for the
treatment program or programs that are available in the jurisdiction
and which would benefit the offender and accept the offender. The
investigation findings and recommendations for program placement
shall be reported to the drug court judge, the district attorney, the
offender, and the defense attorney prior to the next scheduled
hearing.
D. The district attorney and the defense attorney for the
offender shall independently review the findings and recommendations
of the drug court investigation report. For an offender to remain
eligible for consideration in the program, both the district attorney
and the defense attorney must accept the recommended treatment plan,
and shall negotiate the terms of the written plea agreement with all
punishment provisions specified before the scheduled hearing date for
determining final eligibility. Upon failure of the district attorney
and defense attorney to negotiate the written plea agreement, the
criminal case shall be withdrawn from the drug court program and
processed in the traditional manner. The punishment provisions of
the written plea agreement shall emphasize reparation to the victim,
community, and state.
E. The hearing to determine final eligibility shall be set not
less than three (3) work days nor more than seven (7) work days from
the date of the initial hearing for consideration, unless extended by
the court.
F. For purposes of this act, "supervising staff" means a
Department of Corrections employee assigned to monitor offenders in
the drug court program, a community provider assigned to monitor
offenders in the program, a state or local agency representative or a
certified treatment provider participating in the program, or a
person designated by the judge to perform drug court investigations.
0"* "".$! "!.! "45
Added by Laws 1997, c. 359, § 5, eff. July 1, 1997. Amended by Laws
2018, c. 253, § 3, eff. Nov. 1, 2018.
§22-471.5. Admissibility of statements or evidence.
A. 1. Any statement, or any information procured therefrom,
made by the offender to any supervising staff, which is made during
the course of any drug court investigation conducted by the
supervising staff pursuant to Section 5 of this act, and any report
of the supervising staff's findings and recommendations to the court,
the district attorney, or the defense counsel shall not be admissible
in the criminal case pending against the offender.
2. Any statement, or any information procured therefrom, with
respect to the specific offense for which the offender was arrested
or is charged, which is made to any supervising staff subsequent to
the granting of admission of the offender to the drug court program,
shall not be admissible in the pending criminal case nor shall such
be grounds for the revocation of an offender from the program.
3. In the event that an offender is denied admission to the drug
court program or is subsequently revoked from the program, any
information gained from the drug court investigation, any statements
or information divulged during the drug court investigation or any
treatment session shall not be used in the sentencing of the offender
for the original criminal offense.
4. The restrictions provided in this section shall not preclude
the admissibility of statements or evidence obtained by the state
from independent sources.
B. 1. The offender, as consideration for entering the drug
court program, must consent to a full and complete photographic
record of property which was to be used as evidence in the pending
criminal case. The photographic record shall be competent evidence
of such property and admissible in any criminal action or proceeding
as the best evidence.
2. After the photographic record is made, the property shall be
returned as follows:
a. property, except that which is prohibited by law, shall
be returned to its owner after proper verification of
title,
b. the return to the owner shall be without prejudice to
the state or to any person who may have a claim against
the property, and
c. when a return is made to the owner, the owner shall
sign, under penalty of perjury, a declaration of
ownership, which shall be retained by the person in
charge of the property at the police department or
sheriff's office.
Added by Laws 1997, c. 359, § 6, eff. July 1, 1997.
0"* "".$! "!.! "45
§22-471.6. Final eligibility hearing - Acceptance into program -
Duration of participation - Costs and fees - Driving privileges.
A. The drug court judge shall conduct a hearing as required by
subsection E of Section 471.4 of this title to determine final
eligibility by considering:
1. Whether or not the offender voluntarily consents to the
program requirements;
2. Whether or not to accept the offender based upon the findings
and recommendations of the drug court investigation authorized by
Section 471.4 of this title;
3. Whether or not there is a written plea agreement, and if so,
whether the terms and conditions of the written negotiated plea
between the district attorney, the defense attorney, and the offender
are appropriate and consistent with the penalty provisions and
conditions of other similar cases;
4. Whether or not there is an appropriate treatment program
available to the offender and whether or not there is a recommended
treatment plan; and
5. Any information relevant to determining eligibility;
provided, however, an offender shall not be denied admittance to any
drug court program based upon an inability to pay court costs or
other costs or fees.
B. At the hearing to determine final eligibility for the drug
court program, the judge shall not grant any admission of any
offender to the program when:
1. The required treatment plan and plea agreement have not been
completed;
2. The program funding or availability of treatment has been
exhausted;
3. The treatment program is unwilling to accept the offender;
4. The offender was ineligible for consideration by the nature
of a violent offense at the time of arrest, and the charge has been
modified to meet the eligibility criteria of the program; or
5. The offender is inappropriate for admission to the program,
in the discretion of the judge.
C. At the final eligibility hearing, if evidence is presented
that was not discovered by the drug court investigation, the district
attorney or the defense attorney may make an objection and may ask
the court to withdraw the plea agreement previously negotiated. The
court shall determine whether to proceed and overrule the objection,
to sustain the objection and transfer the case for traditional
criminal prosecution, or to require further negotiations of the plea
or punishment provisions. The decision of the judge for or against
eligibility and admission shall be final.
D. When the court accepts the treatment plan with the written
plea agreement, the offender, upon entering the plea as agreed by the
parties, shall be ordered and escorted immediately into the program.
0"* "".$! "!.! "45+
The offender must have voluntarily signed the necessary court
documents before the offender may be admitted to treatment. The
court documents shall include:
1. Waiver of the offender's rights to speedy trial;
2. A written plea agreement which sets forth the offense
charged, the penalty to be imposed for the offense in the event of a
breach of the agreement, and the penalty to be imposed, if any, in
the event of a successful completion of the treatment program;
provided, however, incarceration shall be prohibited when the
offender completes the treatment program;
3. A written treatment plan which is subject to modification at
any time during the program; and
4. A written performance contract requiring the offender to
enter the treatment program as directed by the court and participate
until completion, withdrawal, or removal by the court.
E. If admission into the drug court program is denied, the
criminal case shall be returned to the traditional criminal docket
and shall proceed as provided for any other criminal case.
F. At the time an offender is admitted to the drug court
program, any bail or undertaking on behalf of the offender shall be
exonerated.
G. The period of time during which an offender may participate
in the active treatment portion of the drug court program shall be
not less than six (6) months nor more than twenty-four (24) months
and may include a period of supervision not less than six (6) months
nor more than one (1) year following the treatment portion of the
program. The period of supervision may be extended by order of the
court for not more than six (6) months. No treatment dollars shall
be expended on the offender during the extended period of
supervision. If the court orders that the period of supervision
shall be extended, the drug court judge, district attorney, the
attorney for the offender, and the supervising staff for the drug
court program shall evaluate the appropriateness of continued
supervision on a quarterly basis. All participating treatment
providers shall be certified by the Department of Mental Health and
Substance Abuse Services and shall be selected and evaluated for
performance-based effectiveness annually by the Department of Mental
Health and Substance Abuse Services. Treatment programs shall be
designed to be completed within twelve (12) months and shall have
relapse prevention and evaluation components.
H. The drug court judge shall order the offender to pay court
costs, treatment costs, drug testing costs, a program user fee not to
exceed Twenty Dollars ($20.00) per month, and necessary supervision
fees, unless the offender is indigent. The drug court judge shall
establish a schedule for the payment of costs and fees. The cost for
treatment, drug testing, and supervision shall be set by the
treatment and supervision providers respectively and made part of the
0"* "".$! "!.! "45-
court's order for payment. User fees shall be set by the drug court
judge within the maximum amount authorized by this subsection and
payable directly to the court clerk for the benefit and
administration of the drug court program. Treatment, drug testing,
and supervision costs shall be paid to the respective providers. The
court clerk shall collect all other costs and fees ordered. The
remaining user fees shall be remitted to the State Treasurer by the
court clerk for deposit in the Department of Mental Health and
Substance Abuse Services' Drug Abuse Education and Treatment
Revolving Fund established pursuant to Section 2-503.2 of Title 63 of
the Oklahoma Statutes. Court orders for costs and fees pursuant to
this subsection shall not be limited for purposes of collection to
the maximum term of imprisonment for which the offender could have
been imprisoned for the offense, nor shall any court order for costs
and fees be limited by any term of probation, parole, supervision,
treatment, or extension thereof. Court orders for costs and fees
shall remain an obligation of the offender until fully paid;
provided, however, once the offender has successfully completed the
drug court program, the drug court judge shall have the discretion to
expressly waive all or part of the costs and fees provided for in
this subsection if, in the opinion of the drug court judge, continued
payment of the costs and fees by the offender would create a
financial hardship for the offender. Offenders who have not fully
paid all costs and fees pursuant to court order but who have
otherwise successfully completed the drug court program shall not be
counted as an active drug court participant for purposes of drug
court contracts or program participant numbers.
I. Notwithstanding any other provision of law, if the driving
privileges of the offender have been suspended, revoked, cancelled or
denied by the Department of Public Safety and if the drug court judge
determines that no other means of transportation for the offender is
available, the drug court judge may enter a written order requiring
the Department of Public Safety to stay any and all such actions
against the Class D driving privileges of the offender; provided, the
stay shall not be construed to grant driving privileges to an
offender who has not been issued a driver license by the Department
or whose Oklahoma driver license has expired, in which case the
offender shall be required to apply for and be found eligible for a
driver license, pass all examinations, if applicable, and pay all
statutory driver license issuance or renewal fees. The offender
shall provide proof of insurance to the drug court judge prior to the
judge ordering a stay of any driver license suspension, revocation,
cancellation, or denial. When a judge of a drug court enters a stay
against an order by the Department of Public Safety suspending or
revoking the driving privileges of an offender, the time period set
in the order by the Department for the suspension or revocation shall
continue to run during the stay. When an offender has successfully
0"* "".$! "!.! "452
completed the drug court program, the drug court judge shall maintain
jurisdiction over the offender's driving privileges for one (1) year
after the date on which the offender graduates from the drug court
program.
Added by Laws 1997, c. 359, § 7, eff. July 1, 1997. Amended by Laws
1998, c. 53, § 1, eff. July 1, 1998; Laws 2001, c. 258, § 6, eff.
July 1, 2001; Laws 2006, c. 202, § 1, eff. Nov. 1, 2006; Laws 2009,
c. 290, § 2, eff. Nov. 1, 2009; Laws 2010, c. 238, § 1, eff. Nov. 1,
2010; Laws 2011, c. 96, § 1, eff. Nov. 1, 2011; Laws 2016, c. 238, §
1, eff. Nov. 1, 2016; Laws 2016, c. 393, § 1, eff. Nov. 1, 2016.
§22-471.7. Monitoring of treatment progress.
A. The designated drug court judge shall make all judicial
decisions concerning any case assigned to the drug court docket or
program. The judge shall require progress reports and a periodic
review of each offender during his or her period of participation in
the drug court program or for purposes of collecting costs and fees
after completion of the treatment portion of the program. Reports
from the treatment providers and the supervising staff shall be
presented to the drug court judge as specified by the treatment plan
or as ordered by the court.
B. Upon the written or oral motion of the treatment provider,
the district attorney, the defense attorney, the defendant, or the
supervising staff, the drug court judge shall set a date for a
hearing to review the offender, the treatment plan, and the
provisions of the performance contract. Notice shall be given to the
offender and the other parties participating in the drug court case
three (3) days before the hearing may be held.
C. The judge may establish a regular schedule for progress
hearings for any offender in the drug court program. The district
attorney shall not be required to attend regular progress hearings,
but shall be required to be present upon the motion of any party to a
drug court case.
D. The treatment provider, the supervising staff, the district
attorney, and the defense attorney shall be allowed access to all
information in the offender's drug court case file and all
information presented to the judge at any periodic review or progress
hearing.
E. The drug court judge shall recognize relapses and restarts in
the program which are considered to be part of the rehabilitation and
recovery process. The judge shall accomplish monitoring and offender
accountability by ordering progressively increasing sanctions or
providing incentives, rather than removing the offender from the
program when relapse occurs, except when the offender's conduct
requires revocation from the program. Any revocation from the drug
court program shall require notice to the offender and other
participating parties in the case and a revocation hearing. At the
0"* "".$! "!.! "455
revocation hearing, if the offender is found to have violated the
conditions of the plea agreement or performance contract and
disciplinary sanctions have been insufficient to gain compliance, the
offender shall be revoked from the program and sentenced for the
offense as provided in the plea agreement.
F. Upon application of any participating party to a drug court
case, the judge may modify a treatment plan at any hearing when it is
determined that the treatment is not benefiting the offender. The
primary objective of the judge in monitoring the progress of the
offender and the treatment plan shall be to keep the offender in
treatment for a sufficient time to change behaviors and attitudes.
Modification of the treatment plan requires a consultation with the
treatment provider, supervising staff, district attorney, and the
defense attorney in open court.
G. The judge shall be prohibited from amending the written plea
agreement after an offender has been admitted to the drug court
program. Nothing in this provision shall be construed to limit the
authority of the judge to remove an offender from the program and
impose the required punishment stated in the plea agreement after
application, notice, and hearing.
Added by Laws 1997, c. 359, § 8, eff. July 1, 1997.
§22-471.8. Use of program as disciplinary sanction.
The drug court program may be utilized as a disciplinary sanction
for a violation of a condition of parole related to substance abuse
for eligible offenses, or in a case where the offender has been tried
for an eligible offense in the traditional manner, given either a
deferred or suspended sentence, and has violated a condition of the
sentence. The judge shall not order an offender into treatment
within the scope of any drug court program without prior approval
from the designated drug court team, or the district attorney if no
team is designated. Any judge having a criminal case assigned where
drug court processing appears to be more appropriate for the
offender, may request a review of the case by the drug court team, or
if no team is designated, a review by the district attorney and the
defense attorney. If both the district attorney and the defense
attorney or offender agree, the case may be transferred to the drug
court program with the approval of a designated drug court judge.
After a case has been transferred to the drug court docket, it shall
continue with the designated drug court judge until the offender is
revoked or released from the program. The offenders whose cases have
been transferred from a traditional criminal case docket to the drug
court docket shall be required to have a drug court investigation and
complete the drug court process prior to placement in any treatment
program authorized by this act.
Added by Laws 1997, c. 359, § 9, eff. July 1, 1997.
0"* "".$! "!.! "457
§22-471.9. Successful completion of program.
A. When an offender has successfully completed the drug court
program, the criminal case against the offender shall be:
1. Dismissed if the offense was a first felony offense; or
2. If the offender has a prior felony conviction, the
disposition shall be as specified in the written plea agreement.
B. The final disposition order for a drug court case shall be
filed with the judge assigned to the case, and shall indicate the
sentence specified in the written plea agreement. A copy of the
final disposition order for the drug court case shall also be filed
in the original criminal case file under the control of the court
clerk which is open to the public for inspection. Original criminal
case files which are under the control of the court clerk and which
are subsequently assigned to the drug court program shall be marked
with a pending notation until a final disposition order is entered in
the drug court case. After an offender completes the program, the
drug court case file shall be sealed by the judge and may be
destroyed after ten (10) years. The district attorney shall have
access to sealed drug court case files without a court order.
C. A record pertaining to an offense resulting in a successful
completion of a drug court program shall not, without the offender's
consent in writing, be used in any way which could result in the
denial of any employee benefit.
D. Successful completion of a drug court program shall not
prohibit any administrative agency from taking disciplinary action
against any licensee or from denying a license or privilege as may be
required by law.
E. When the offender has successfully completed the drug court
program, the drug court judge shall have the discretion to expressly
waive all or part of the court costs and fees, driver license
reinstatement fees, if applicable, and fines associated with the
criminal case if, in the opinion of the drug court judge, continued
payment of the court costs, fees and fines by the offender would
create a financial hardship for the offender, including specifically
the discretion to waive any requirement that fines and costs be
satisfied by a person prior to that person being eligible for a
provisional driver license pursuant to Section 6-212 of Title 47 of
the Oklahoma Statutes.
Added by Laws 1997, c. 359, § 10, eff. July 1, 1997. Amended by Laws
2016, c. 393, § 2, eff. Nov. 1, 2016.
§22-471.10. Implementation of act.
A. For purposes of this act, the following state agencies shall
jointly develop a standardized testing instrument with an appropriate
scoring device for use by all the district courts in this state in
implementing the Oklahoma Drug Court Act:
1. The Department of Corrections;
0"* "".$! "!.! "458
2. The Administrative Office of the Courts;
3. The Department of Mental Health and Substance Abuse Services;
4. The State Department of Health;
5. The State Department of Education;
6. The Office of Juvenile Affairs; and
7. The Oklahoma Department of Vocational and Technical
Education.
B. The Administrative Office of the Courts shall promulgate
rules, procedures, and forms necessary to implement the Oklahoma Drug
Court Act to ensure statewide uniformity in procedures and forms.
The Department of Mental Health and Substance Abuse Services is
directed to develop a training and implementation manual for drug
court programs with the assistance of the State Department of Health,
the State Department of Education, the Oklahoma Department of Career
and Technology Education, the Department of Corrections, the Office
of Juvenile Affairs, and the Administrative Office of the Courts.
The Department of Mental Health and Substance Abuse Services shall
provide technical assistance to the district courts in implementing
drug court programs.
C. All participating agencies shall promulgate rules as
necessary to comply with the provisions of this act. Each district
court shall establish rules for their jurisdiction upon
implementation of a drug court program, pursuant to the provisions of
this act.
Added by Laws 1997, c. 359, § 11, eff. July 1, 1997. Amended by Laws
2001, c. 33, § 21, eff. July 1, 2001.
§22-471.11. Deferred prosecution programs.
A. Nothing in this act shall preclude the establishment of
substance abuse treatment programs in support of a deferred
prosecution program authorized by Section 305.1 of Title 22 of the
Oklahoma Statutes. Any such programs established after July 1, 1997,
or in existence on July 1, 1997, may be known as a drug court
program; provided, the program is not contrary to public interest or
provision of law.
B. Any drug court program established and in existence prior to
July 1, 1997, which is not limited to treatment programs in support
of deferred prosecution programs shall be considered a drug court
program, as defined in Section 471.1 of this title, for all purposes
of the Oklahoma Drug Court Act.
Added by Laws 1997, c. 359, § 12, eff. July 1, 1997. Amended by Laws
1999, c. 348, § 5, eff. July 1, 1999.
§22-472. Anna McBride Act – Mental health courts.
A. This section shall be known and may be cited as the "Anna
McBride Act".
0"* "".$! "!.! "459
B. Any district or municipal court of this state may establish a
mental health court program pursuant to the provisions of this
section, subject to the availability of funds.
C. The court may request assistance from the Department of
Mental Health and Substance Abuse Services which shall be the primary
agency to assist in developing and implementing a mental health court
program.
D. For purposes of this section, "mental health court" means a
judicial process that utilizes specially trained court personnel to
expedite the case and explore alternatives to incarceration for
offenders charged with criminal offenses other than a crime listed in
paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes who
have a mental illness or a developmental disability, or a co-
occurring mental illness and substance abuse disorder. The district
attorney's office may use discretion in the prosecution of those
offenders specified in this subsection subject to the restrictions
provided in subsection E of this section.
E. The court shall have the authority to exclude from mental
health court any offender arrested or charged with any violent
offense or any offender who has a prior felony conviction in this
state or another state for a violent offense. Eligibility and entry
by an offender into the mental health court program is dependent upon
prior approval of the district attorney. Eligible offenses may
further be restricted by the rules of the specific mental health
court program. The court also shall have the authority to exclude
persons from mental health court who have a propensity for violence.
F. The mental health court judge shall recognize relapses and
restarts in the program which shall be considered as part of the
rehabilitation and recovery process. The court shall accomplish
monitoring and offender accountability by ordering progressively
increasing sanctions or providing incentives, rather than removing
the offender from the program when a violation occurs, except when
the conduct of the offender requires revocation from the program.
Any revocation from the mental health court program shall require
notice to the offender and other participating parties in the case
and a revocation hearing. At the revocation hearing, if the offender
is found to have violated the conditions of the plea agreement or
performance contract and disciplinary sanctions have been
insufficient to gain compliance, the offender shall be revoked from
the program and sentenced for the offense as provided in the plea
agreement.
Added by Laws 2002, c. 285, § 1. Amended by Laws 2003, c. 76, § 1,
eff. Nov. 1, 2003; Laws 2014, c. 180, § 1, eff. Nov. 1, 2014.
§22-491. Time to answer indictment or information.
If, on the arraignment, the defendant require it, he must be
allowed until the next day, or such further time may be allowed him
0"* "".$! "!.! "47:
as the court may deem reasonable, to answer the indictment or
information.
R.L.1910, § 5778.
§22-492. Pleading to indictment or information.
If the defendant do not require time, as provided in the last
section, or if he do, then on the next day, or at such further day as
the court may have allowed him, he may, in answer to the arraignment,
either move the court to set aside the indictment, or information or
may demur or plead thereto.
R.L.1910, § 5779.
§22-493. Indictment or information set aside, when.
The indictment or information must be set aside by the court, in
which the defendant is arraigned, and upon his motion in any of the
following cases:
1. When it is not found, endorsed, presented or filed, as
prescribed by the statutes or when the grand jury is not drawn and
impaneled as provided by law, and that fact is known to the defendant
at or before the time the jury is sworn to try the cause: Provided,
that the defendant shall be conclusively presumed to know matters of
record.
2. When the names of the witnesses examined before the grand
jury are not made to appear on some part of the indictment, as
provided in this chapter.
3. When a person is permitted to be present during the session
of a grand jury while the vote on the finding of the indictment is
being taken, or when it is shown that after the grand jury was first
impaneled any member or members thereof, were discharged and their
places filled by persons not regularly drawn from the jury list, as
provided by law, and that they were admitted into the grand jury or
took part in their deliberations, or that the grand jury was not
impaneled anew as a whole body in open court.
R.L.1910, § 5780.
§22-494. Hearing on motion to set aside indictment or information.
To enable the defendant to make proof of the matter set up as
grounds for setting aside the indictment, or information, the
defendant may file his application before any court of record in the
county, setting out and alleging that he is being proceeded against
in a certain court, naming it, and setting out a copy of his motion
and alleging, all under oath, that he is acting in good faith, and
praying for an order to examine witnesses in support thereof. The
court shall thereupon issue subpoenas to compel any or all witnesses
desired to appear before him at the time named, and shall compel the
witnesses to testify fully in regard to the matter and reduce the
examination to writing, and certify to the same, and it may be used
0"* "".$! "!.! "47
to support the motion. The mover shall pay the costs of the
proceeding. He shall notify the district attorney at least two clear
days before he proceeds, of the time and place of taking such
testimony, and the district attorney may be present and cross-examine
the witnesses and if need be the case in the district court must be
adjourned for that purpose.
R.L. 1910, § 5781.
§22-495. Witnesses on hearing to set aside indictment or
information.
All witnesses, including grand jurors, shall be bound to answer
fully, and shall not be answerable for the testimony so given in any
way, except for the crime of perjury committed in giving such
evidence. When a grand juror has been fully examined as to his
qualifications to sit, and has answered under oath that he is
qualified, and has been received by the court and permitted to act,
his incompetency shall not thereafter be shown as a ground of
objection to any indictment returned by that grand jury.
R.L.1910, § 5782.
§22-496. Objection to indictment or information waived, when.
If the motion to set aside the indictment or information be not
made the defendant is precluded from afterwards taking the objections
mentioned in the last section.
R.L.1910, § 5783.
§22-497. Motion to set aside indictment or information heard, when.
The motion must be heard at the time it is made unless for good
cause the court postpone the hearing to another time.
R.L.1910, § 5784. R.L.1910, § 5784.
§22-498. Defendant to answer indictment, when.
If the motion be denied, the defendant must immediately answer to
the indictment, either by demurring or pleading thereto.
R.L.1910, § 5785.
§22-499. Motion sustained - Defendant discharged, or bail
exonerated, when.
If the motion be granted the court must order that the defendant,
if in custody, be discharged therefrom, or if admitted to bail, that
his bail be exonerated, or if he have deposited money instead of
bail, that the money be refunded to him unless it direct that the
case be resubmitted to the same or another grand jury.
R.L.1910, § 5786.
§22-500. Resubmission of case - Bail.
0"* "".$! "!.! "47
If the court direct that the case be resubmitted, the defendant,
if already in custody, must so remain, unless he be admitted to bail;
or if already admitted to bail, or money have been deposited instead
thereof, the bail or money is answerable for the appearance of the
defendant to answer a new indictment or information; and unless a new
indictment or information is found before the next grand jury of the
county is discharged, the court must, on the discharge of such grand
jury, make the order prescribed in the preceding section.
R.L.1910, § 5787.
§22-501. Setting aside indictment or information not a bar.
An order to set aside an indictment or information as provided in
this article is no bar to a further prosecution for the same offense.
R.L.1910, § 5788.
§22-502. Defendant's pleadings.
The only pleading on the part of the defendant is either a
demurrer or a plea.
R.L.1910, § 5789.
§22-503. Defendant to plead in open court.
Both the demurrer and the plea must be put in open court, either
at the time of the arraignment or at such other time as may be
allowed to the defendant for that purpose.
R.L.1910, § 5790.
§22-504. Demurrer to indictment or information.
The defendant may demur to the indictment or information when it
appears upon the face thereof either:
1. That the grand jury by which an indictment was found had no
legal authority to inquire into the offense charged, by reason of its
not being within the legal jurisdiction of the county.
2. That it does not substantially conform to the requirements of
this chapter.
3. That more than one offense is charged in the indictment or
information.
4. That the facts stated do not constitute a public offense.
5. That the indictment or information contains any matter which,
if true, would constitute a legal justification or excuse of the
offense charged, or other legal bar to the prosecution.
R.L.1910, § 5791.
§22-504.1. Motion to quash for insufficient evidence - Proof -
Setting aside of indictment or information - Double jeopardy - Denial
of motion.
A. In addition to a demurrer to the indictment or information,
as provided in Section 504 of Title 22 of the Oklahoma Statutes, the
0"* "".$! "!.! "47+
defendant may file a motion to quash for insufficient evidence in
felony cases after preliminary hearing. The defendant must establish
beyond the face of the indictment or information that there is
insufficient evidence to prove any one of the necessary elements of
the offense for which the defendant is charged.
B. The motion to quash for insufficient evidence must be set for
hearing on a day certain at the time it is made and notice shall be
provided to all parties.
C. The indictment or information must be set aside by the court,
in which the defendant is formally arraigned, if judgment for the
defendant on a motion to quash for insufficient evidence beyond the
face of the information is granted.
D. An order to set aside an indictment or information on
judgment for the defendant on a motion to quash for insufficient
evidence, as provided in this section, shall not be a bar to a
further prosecution for the same offense. A denial of the motion to
quash is not a final order from which a defendant may appeal.
Added by Laws 1990, c. 261, § 4, emerg. eff. May 24, 1990.
§22-505. Demurrer to indictment or information, requisites of.
The demurrer must be in writing, signed either by the defendant
or his counsel, and filed. It must distinctly specify the grounds of
the objection to the indictment or information, or it must be
disregarded.
R.L.1910, § 5792.
§22-506. Hearing on demurrer.
Upon the demurrer being filed, the objections presented thereby
must be heard, either immediately or at such time as the court may
appoint.
R.L.1910, § 5793.
§22-507. Ruling on demurrer.
Upon considering the demurrer, the court must give judgment
either sustaining or overruling it, and an order to that effect must
be entered upon the minutes.
R.L.1910, § 5794.
§22-508. Demurrer sustained, effect of.
If the demurrer is sustained, the judgment is final upon the
indictment or information demurred to, and is a bar to another
prosecution for the same offense, unless the court, being of opinion
that the objection on which the demurrer is sustained may be avoided
in a new indictment or information, direct the case to be resubmitted
to the same or another grand jury, or that a new information be
filed.
R.L.1910, § 5795.
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§22-509. Demurrer sustained - Defendant discharged or bail
exonerated, when.
If the court do not direct the case to be further prosecuted, the
defendant, if in custody, must be discharged, or if admitted to bail,
his bail is exonerated, or if he have deposited money instead of
bail, the money must be refunded to him.
R.L.1910, § 5796.
§22-510. Proceedings if case resubmitted.
If the court direct that the case be further prosecuted, the same
proceedings must be had thereon as are prescribed in this article.
R.L.1910, § 5797.
§22-511. Demurrer overruled, defendant to plead.
If the demurrer be overruled, the court must permit the
defendant, at his election, to plead, which he must do forthwith, or
at such time as the court may allow. If he does not plead, judgment
may be pronounced against him.
R.L.1910, § 5798.
§22-512. Certain objections, how taken.
When the objections mentioned in Section 504 appear upon the face
of the indictment or information, they can only be taken by demurrer,
except that the objection to the jurisdiction of the court over the
subject of the indictment or information, or that the facts stated do
not constitute a public offense, may be taken after the arraignment
of the defendant, or may be taken at the trial, under the plea of not
guilty, and in arrest of judgment.
R.L.1910, § 5799; Laws 1968, c. 175, § 1, eff. Jan. 13, 1969.
§22-513. Pleas to indictment or information.
There are four kinds of pleas to an indictment or information. A
plea of:
First, Guilty.
Second, Not guilty.
Third, Nolo contendere, subject to the approval of the court. The
legal effect of such plea shall be the same as that of a plea of
guilty, but the plea may not be used against the defendant as an
admission in any civil suit based upon or growing out of the act upon
which the criminal prosecution is based.
Fourth, A former judgment of conviction or acquittal of the
offense charged, which must be specially pleaded, either with or
without the plea of not guilty.
R.L.1910, § 5800; Laws 1976, c. 20, § 1, eff. Oct. 1, 1976.
§22-514. Pleas to be oral - Entry.
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Every plea must be oral and must be entered upon the minutes of
the court.
R.L.1910, § 5801.
§22-515. Form of plea.
The plea must be entered in substantially the following form:
1. If the defendant plead guilty:
The defendant pleads that he is guilty of the offense charged in
this indictment or information.
2. If he plead not guilty:
The defendant pleads that he is not guilty of the offense charged
in this indictment or information.
3. If he plead a former conviction or acquittal:
The defendant pleads that he has already been convicted (or
acquitted, as the case may be), of the offense charged in this
indictment or information, by the judgment of the court of .......
(naming it), rendered at ........ (naming the place), on the ......
day of .........
R.L.1910, § 5802.
§22-516. Plea of guilty.
A plea of guilty can in no case be put in, except by the
defendant himself, in open court, unless upon an indictment or
information against a corporation, in which case it can be put in by
counsel.
R.L.1910, § 5803.
§22-517. Plea of guilty may be withdrawn.
The court may, at any time before judgment, upon a plea of
guilty, permit it to be withdrawn, and a plea of not guilty
substituted.
R.L.1910, § 5804.
§22-518. Plea of not guilty, issues on.
The plea of not guilty puts in issue every material allegation in
the indictment or information.
R.L.1910, § 5805.
§22-519. Plea of not guilty, evidence under.
All matters of fact tending to establish a defense other than
specified in third subdivision of Section 5710 may be given in
evidence under the plea of not guilty.
R.L.1910, § 5806.
§22-520. Acquittal, what does not constitute.
If the defendant was formally acquitted on the ground of variance
between the indictment or information and proof, or the indictment or
0"* "".$! "!.! "475
information was dismissed upon an objection to its form or substance,
or in order to hold the defendant for a higher offense, without a
judgment of acquittal, it is not an acquittal of the same offense.
R.L.1910, § 5807.
§22-521. Acquittal, what constitutes.
When, however, he was acquitted on the merits, he is deemed
acquitted of the same offense, notwithstanding a defect in form or
substance in the indictment or information on which he was acquitted.
R.L.1910, § 5808.
§22-522. Former acquittal or conviction as bar.
When the defendant shall have been convicted or acquitted upon an
indictment or information, the conviction or acquittal is a bar to
another indictment or information for the offense charged in the
former, or for an attempt to commit the same, or for an offense
necessarily included therein, of which he might have been convicted
under that indictment or information.
R.L.1910, § 5809.
§22-523. Refusal to plead.
If the defendant refuse to answer the indictment or information
by demurrer or plea, a plea of not guilty must be entered.
R.L.1910, § 5810.
§22-524. Preliminary hearing on felony indictment - Time for request
- Witnesses - Dismissal.
Upon the return and filing of an indictment for a felony, the
defendant so charged and arrested thereon, or the state, upon filing
a request in writing, shall be entitled to have a copy of said
indictment, certified by the court clerk, filed with a district,
superior, common pleas or county judge, to be designated by the Judge
presiding over the grand jury, and the defendant shall have a
preliminary hearing thereon, before such designated judge, as a
magistrate, as though said charge had been originally filed by
verified information, with such magistrate, and under the law
applying to the institution and conduct of prosecutions by
information filed by the state. Any such request must be filed
within ten (10) days after the filing of such indictment with the
court clerk, or within ten (10) days after the defendant charged
under said indictment has been arrested thereon, whichever is later.
Upon such preliminary hearing, the members of the grand jury shall
not be subpoenaed or called as a witness except upon an indictment
charging the commission of the offense of perjury before the grand
jury. The names of witnesses other than those endorsed on the
indictment may be endorsed on the indictment prior to said
preliminary hearing and such additional persons may be called as
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witnesses at such preliminary hearing; provided, that this section
shall not apply to motion to quash or vacate the grand jury
proceedings or indictment upon other grounds. Provided, grand jurors
may be called as rebuttal witnesses.
Upon application of the defendant or the state, after the filing
of the copy of the indictment with the magistrate, as hereinabove
provided, the court may order the indictment filed with the court
clerk dismissed and any bond made in the case exonerated.
Laws 1961, p. 237, § 1; Laws 1968, c. 258, § 1, emerg. eff. April 29,
1968.
§22-561. Change of venue - When granted - Application - Affidavits
and evidence - Removal as to part of defendants.
Any criminal cause pending in the district court may, at any time
before the trial is begun, on the application of the defendant be
removed from the county in which it is pending to some other county
in said judicial district, whenever it shall appear in the manner
hereinafter provided, that the minds of the inhabitants of the county
in which the cause is pending are so prejudiced against the defendant
that a fair and impartial trial cannot be had therein. Such order of
removal may be made on the application of the defendant by petition,
setting forth the facts, verified by affidavit, if reasonable notice
of the application be given to the district attorney and the truth of
the allegations in such petition be supported by the affidavits of at
least three credible persons, who reside in said county. The
district attorney may introduce counter affidavits to show that the
persons making affidavits in support of the application are not
credible persons and that the change is not necessary, and may
examine the witnesses in support of said application in open court in
regard to the truth of said application; and if it be made to appear
by the affidavits and examination of witnesses that a fair and
impartial trial cannot be had in the county, a change shall be
granted and the order made by the court. When there are several
defendants in any indictment or criminal prosecution, and the cause
of the removal thereof exists only as to one or more of them, the
other defendants shall be tried and all proceedings had against them
in the county, in which the case is pending, in all respects as if no
order of removal had been made as to any defendant.
R.L.1910, § 5811.
§22-562. Change of venue - Proceedings - Costs and expenses.
A. The order of removal from the county must be entered upon the
minutes and the court clerk must thereupon make out, and within ten
(10) days transmit to the county to which the action is removed, a
certified copy of the order of removal and the record, and shall
transmit the pleadings including the undertaking for the appearance
of the defendant, and of the witnesses, and the cause must be
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docketed and stand for trial within six (6) months from the date the
cause was ordered removed.
B. If an order of removal is entered, all expenses incurred as a
result of the action prior to the date of the order of removal shall
be taxed as costs and shall remain payable to the court fund of the
county from which the action was removed.
C. Except as otherwise provided by this section, the court fund
of the county from which the action is removed shall be liable for
the expense and charge of removing, delivering and keeping the
prisoner, and the fees of jurors and witnesses in attendance during
the trial, court reporter's fees, all fees and mileage of the
sheriff, and the per diem of bailiffs during the time said cause is
on trial, and such other expenses as may be lawfully incurred
incident to the trial, which costs and expenses shall be approved by
the Court Administrator of the Supreme Court of the State of Oklahoma
and certified by the clerk of the court to which the action was
transferred to the court clerk of the county from which the cause was
removed and shall show the name of each person and the amount due to
him.
D. On receipt of such certificate, the clerk of the court from
which the action was transferred shall draw his warrants on the
court fund for the total amount of costs allowed by the transferee
court, payable to the order of the court fund of the transferee court
subject to the order of the person entitled thereto, and forward the
same to the clerk of the court where the cause was tried, who shall
deposit it in the court fund.
E. If the court fund of the county from which the action was
removed does not contain sufficient revenue to make payment to the
transferee court, the court clerk of the payor county shall notify
the Administrative Director of the courts who shall make payment of
any deficiency in the amount due and owing to the transferee court
from the Supreme Court Revolving Fund.
F. All fees not claimed two (2) years after having been received
by the clerk of the transferee court, shall by him be returned to the
clerk of the transferor court to be held in the court fund for the
benefit of the owner for a period of one (1) year, and, if not
claimed within that time, such fees shall become the property of the
court fund of the county.
R.L. 1910, § 5817. Amended by Laws 1971, c. 155, § 1, emerg. eff.
May 22, 1971; Laws 1994, c. 225, § 13, eff. July 1, 1994.
§22-563. Disposition of defendant on change of venue.
If the defendant is in custody, the order must provide for the
removal of the defendant, by the sheriff of the county where he is
imprisoned, to the custody of the proper officer of the county to
which the action is removed, and he must be removed according to the
terms of such order.
0"* "".$! "!.! "479
R.L.1910, § 5818.
§22-564. Change of venue - Court may require bail.
When the court has ordered a removal of the action, it may
require the accused, if the offense be then bailable, to enter into
an undertaking with good and sufficient sureties to be approved by
the court, in such sum as the court may direct conditioned for his
appearance in the court to which the action has been removed, on the
first day of the next term thereof, and to abide the order of such
court; and in default of such undertaking, a warrant shall be issued
to the sheriff or other proper officer commanding him safely to keep
the prisoner and at the proper time to convey him to the jail of the
county where he is to be tried, there to be safely kept by the jailer
thereof until discharged by due course of law.
R.L.1910, § 5819.
§22-565. Change of venue - Recognizance of witnesses.
When a removal of the action is allowed, the court may recognize
the witnesses on the part of the state to appear before the court to
which the defendant is to be tried.
R.L.1910, § 5820.
§22-566. Trial on change of venue - Records and papers.
The court to which the action is removed must proceed to trial
and judgment therein the same in all respects as if the action had
been commenced in such court. If it is necessary to have any of the
original pleadings or other papers before such court, the court from
which the action is removed must at any time upon the application of
the district attorney or the defendant, order such papers or
pleadings to be transmitted by the clerk, a certified copy thereof
being retained.
R.L.1910, § 5821.
§22-576. Trial before judge other than one who conducted preliminary
examination.
The judge who conducts the preliminary examination shall not try
the case except with the consent of all parties.
Laws 1968, c. 175, § 2, eff. Jan. 13, 1969.
§22-581. Issue of fact arises, when.
An issue of fact arises,
1st, upon a plea of not guilty, or,
2nd, upon a plea of a former conviction or acquittal of the same
offense.
R.L.1910, § 5822.
§22-582. Issue of fact, how tried.
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Issues of fact must be tried by a jury.
R.L.1910, § 5823.
§22-583. Defendant must be present, when.
If the indictment or information is for a felony, the defendant
must be personally present at the trial, but if for a misdemeanor not
punishable by imprisonment, the trial may be had in the absence of
the defendant; if, however, his presence is necessary for the purpose
of identification, the court may, upon application of the district
attorney, by an order or warrant, require the personal attendance of
the defendant at the trial.
R.L.1910, § 5824.
§22-584. Postponement for cause.
When an indictment or information is called for trial, or at any
time previous thereto, the court may, upon sufficient cause shown by
either party, as in civil cases, direct the trial to be postponed to
another day in the same or next term.
R.L.1910, § 5837.
§22-585. Postponement for investigation of claimed alibi.
Whenever testimony to establish an alibi on behalf of the
defendant shall be offered in evidence in any criminal case in any
court of record of the State of Oklahoma, and notice of the intention
of the defendant to claim such alibi, which notice shall include
specific information as to the place at which the defendant claims to
have been at the time of the alleged offense, shall not have been
served upon the district attorney at or before five (5) days prior to
the trial of the case, upon motion of the district attorney, the
court may grant a postponement for such time as it may deem necessary
to make an investigation of the facts in relation to such evidence.
Laws 1935, p. 18, § 1.
§22-591. Same jurors in both civil and criminal actions.
The jurors duly drawn and summoned for the trial of civil actions
may also be the jurors for the trial of criminal actions. In any
district court where an electronic jury management system is
implemented pursuant to Section 13 of this act, jurors may be
selected and summoned utilizing the automated functionality provided
in the jury management system. Whenever the court utilizes the
approved jury management system to randomly select and sequentially
order juror names during any step in the jury selection process, the
laws relating to the use of a jury wheel, and laws requiring paper
ballots drawn from a jury wheel or a shaken box, shall not apply,
including but not limited to those requirements set forth in Sections
301 through 363 and Sections 591 through 693 of this title.
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R.L. 1910, § 5825. Amended by Laws 2015, c. 242, § 3, emerg. eff.
May 4, 2015.
§22-592. Trial jury - How formed.
Trial juries for criminal actions may also be formed in the same
manner as trial juries in civil actions.
R.L.1910, § 5826.
§22-593. Clerk to prepare and deposit ballots.
At the opening of the court the clerk must prepare separate
ballots, containing the names of the persons returned as jurors,
which must be folded as nearly alike as possible, and so that the
same cannot be seen, and must deposit them in a sufficient box.
R.L.1910, § 5827.
§22-594. Names of panel called, when - Attachment for absent jurors.
When the case is called for trial, and before drawing the jury,
either party may require the names of all the jurors in the panel to
be called, and the court in its discretion may order that an
attachment issue against those who are absent; but the court may, in
its discretion, wait or not for the return of the attachment.
R.L.1910, § 5828.
§22-595. Manner of drawing jury from box.
Before the name of any juror is drawn, the box must be closed and
shaken, so as to intermingle the ballots therein. The clerk must
then, without looking at the ballots, draw them from the box.
R.L.1910, § 5829.
§22-596. Disposition of ballots.
When the jury is completed, the ballots containing the names of
the jurors sworn must be laid aside and kept apart from the ballots
containing the names of the other jurors, until the jury so sworn is
discharged.
R.L.1910, § 5830.
§22-597. Disposition of ballots - After jury discharged.
After the jury is so discharged, the ballots containing their
names must be again folded and returned to the box, and so on, as
often as a trial is had.
R.L.1910, § 5831.
§22-598. Disposition of ballot - When juror is absent or excused.
If a juror be absent when his name is drawn or be set aside, or
excused from serving on the trial, the ballot containing his name
must be folded and returned to the box as soon as the jury is sworn.
R.L.1910, § 5832.
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§22-599. Jurors summoned to complete jury - Treated as original
panel.
The names of persons summoned to complete the jury as provided in
the chapter on "Jurors", must be written on distinct pieces of paper,
folded each as nearly alike as possible, and so that the name cannot
be seen, and must be deposited in the box before mentioned.
R.L.1910, § 5833.
§22-600. Drawing the jury.
The clerk must thereupon, under the direction of the court,
publicly draw out of the box so many of the ballots, one after
another, as are sufficient to form the jury.
R.L.1910, § 5834. R.L.1910, § 5834.
§22-601. Number of jurors - Oaths - Fines not exceeding Five Hundred
Dollars.
The jury consists of twelve persons except that in misdemeanors
it shall consist of six persons, chosen as prescribed by law, and
sworn or affirmed well and truly to try and true deliverance to make
between the State of Oklahoma and the defendant whom they shall have
in charge, and a true verdict to give according to the evidence.
Criminal cases wherein the punishment for the offense charged is by a
fine only not exceeding Five Hundred Dollars ($500.00) shall be tried
to the court without a jury.
R.L.1910, § 5835; Laws 1968, c. 371, § 1, eff. Jan. 13, 1969; Laws
1991, c. 15, § 3, eff. July 1, 1991.
§22-601a. Alternate jurors - Challenges - Oath or affirmation -
Attendance upon trial.
Whenever in the opinion of the court the trial of a cause is
likely to be a protracted one, the court may, immediately after the
jury is impaneled and sworn, direct the calling of as many as two
additional jurors to be known as "alternate juror". Such alternate
jurors shall be drawn from the same source, and in the same manner,
and have the same qualifications as regular jurors, and be subject to
examination and challenge as such jurors, except that the state shall
be allowed one peremptory challenge to each alternate juror, and all
parties defendant shall together, or any one party defendant for and
on behalf and by the consent of all parties defendant, be allowed one
peremptory challenge to each alternate juror.
The alternate jurors shall be sworn (or affirmed) to well and
truly try and true deliverance make of all issues finally submitted
to them as jurors in said cause, if any such issue shall be so
finally submitted to them, and shall be seated near the regular
jurors with equal facilities for seeing and hearing the proceedings
in the cause, shall attend at all times upon the trial of the cause
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in company with the regular jurors and shall obey all orders and
admonitions of the court; and if the regular jurors are ordered to be
kept in the custody of an officer during the trial of the cause, the
alternate jurors shall also be kept with the other jurors, and,
except as hereinafter provided, shall be discharged upon the final
submission of the cause to the jury.
If, before the final submission of the cause to the jury, a
regular juror, or two regular jurors, shall be discharged because of
illness, or shall die, the court shall order one or both alternate
jurors, as circumstances may require, to take their places in the
jury box. After an alternate juror is in the jury box, he shall be
subject to the same regulations and requirements as other regular
jurors.
Laws 1941, p. 88, § 2.
§22-601b. Protracted deliberations - Sequestration of alternate
jurors.
If, upon final submission of the cause, the court is of the
opinion that the deliberations may be protracted, the court may order
the alternate juror or jurors to remain sequestered physically or by
admonition not to discuss the case with any person or allow any
person to discuss the case with a juror. In such event said
alternate or alternates shall remain apart from the jury and not take
part in its deliberations, but shall await the call of the court at
some place designated by the court until such time as said alternate
may be needed. In the event one or two of the twelve jurors shall,
during the course of deliberations, be discharged because of illness,
or die, the court shall order one or both alternate jurors to take
their places in the jury room and deliberations shall then continue.
In the event the cause is a bifurcated, two-stage proceeding, the
"final submission of the cause" shall occur when the jury retires to
deliberate upon the sentence in the punishment or second stage of the
proceedings. In such a trial the alternates shall not be excused
prior to commencement of deliberations in the second stage.
Added by Laws 1988, c. 109, § 25, eff. Nov. 1, 1988.
§22-602. Affirmation.
Any juror who is conscientiously scrupulous of taking the oath
above described, shall be allowed to make affirmation, substituting
for the words "so help you God", at the end of the oath, the
following: "This you do affirm under the pains and penalties of
perjury".
R.L.1910, § 5836.
§22-621. Challenges classed.
A challenge is an objection made to the trial jurors, and is of
two kinds:
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1. To the panel.
2. To an individual juror.
R.L.1910, § 5838.
§22-622. Several defendants - Challenges.
When several defendants are tried together they cannot sever
their challenges, but must join therein.
R.L.1910, § 5839.
§22-631. Panel defined.
The panel is a list of jurors returned by a sheriff, to serve at
a particular court or for the trial of a particular action.
R.L.1910, § 5840.
§22-632. Challenge to panel.
A challenge to the panel is an objection made to all the trial
jurors returned, and may be taken by either party.
R.L.1910, § 5841.
§22-633. Causes for challenge to panel.
A. A challenge to the panel can be founded only on a material
departure from the forms prescribed by law, in respect to the drawing
and return of the jury, or on the intentional omission of the sheriff
to summon one or more of the jurors drawn from which the defendant
has suffered material prejudice.
B. In any district court where an electronic jury management
system is implemented pursuant to Section 13 of this act, jurors may
be selected and summoned utilizing the automated functionality
provided in the jury management system. Use of an electronic jury
management system shall not be grounds for a challenge to a panel
based on a material departure or irregularity. Whenever the court
utilizes the approved jury management system to randomly select and
sequentially order juror names during any step in the jury selection
process, the laws relating to the use of a jury wheel, and laws
requiring paper ballots drawn from a jury wheel or a shaken box,
shall not apply, including but not limited to those requirements set
forth in Sections 301 through 363 and Sections 591 through 693 of
this title.
R.L. 1910, § 5842. Amended by Laws 2015, c. 242, § 4, emerg. eff.
May 4, 2015.
§22-634. When taken - Form and requisites.
A challenge to the panel must be taken before a jury is sworn,
and must be in writing, specifying plainly and distinctly the facts
constituting the ground of challenge.
R.L.1910, § 5843.
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§22-635. Issue on the challenge - Trying sufficiency.
If the sufficiency of the facts alleged as a ground of challenge
be denied, the adverse party may except to the challenge. The
exception need not be in writing, but must be entered upon the
minutes of the court, and thereupon the court must proceed to try the
sufficiency of the challenge, assuming the facts alleged therein to
be true.
R.L.1910, § 5844.
§22-636. Challenge and exception may be amended or withdrawn.
If, on the exception, the court deem the challenge sufficient, it
may, if justice require it, permit the party excepting to withdraw
his exception, and to deny the facts alleged in the challenge. If
the exception be allowed, the court may in like manner, permit an
amendment of the challenge.
R.L.1910, § 5845.
§22-637. Denial of challenge - Trial of fact questions.
If the challenge is denied the denial may, in like manner, be
oral and must be entered upon the minutes of the court, and the court
must proceed to try the questions of fact.
R.L.1910, § 5846.
§22-638. Trial of challenge.
Upon the trial of the challenge, the officers, whether judicial
or ministerial, whose irregularity is complained of, as well as any
other persons, may be examined to prove or disprove the facts alleged
as the ground of challenge.
R.L.1910, § 5847.
§22-639. Bias of officer, challenge for.
When the panel is formed from persons whose names are not drawn
as jurors, a challenge may be taken to the panel on account of any
bias of the officer who summoned them, which would be good ground of
challenge to a juror. Such challenge must be made in the same form,
and determined in the same manner as if made to a juror.
R.L.1910, § 5848.
§22-640. Procedure after decision of challenge.
If, upon an exception to the challenge, or a denial of the facts,
the challenge be allowed, the court must discharge the jury, and
another jury can be summoned for the same term forthwith from the
body of the county or subdivision; or the judge may order a jury to
be drawn and summoned in the regular manner. If it be disallowed,
the court must direct the jury to be impaneled.
R.L.1910, § 5849.
0"* "".$! "!.! "485
§22-651. Defendant to be informed of right to challenge.
When twelve men are called as jurors, the defendant must be
informed by the court or under its direction, of his right to
challenge the jurors, and that he must do so before the jury is sworn
to try the cause.
R.L.1910, § 5850.
§22-652. Classes of challenge to individual.
A challenge to an individual juror is either:
First, Peremptory; or,
Second, For cause.
R.L.1910, § 5851.
§22-653. When challenge taken.
It must be taken when the jury is full, and as soon as one person
is removed by challenge, another must be put in his place, until the
challenges are exhausted or waived. The court for good cause shown
may permit a juror to be challenged after he is sworn to try the
cause, but not after the testimony has been partially heard.
R.L.1910, § 5852.
§22-654. Peremptory challenge defined.
A peremptory challenge may be taken by either party, and may be
oral. It is an objection to a juror for which no reason need be
given, but upon which the court must excuse him.
R.L.1910, § 5853.
§22-655. Peremptory challenges - Number allowed.
In all criminal cases the prosecution and the defendant are each
entitled to the following peremptory challenges: Provided, that if
two or more defendants are tried jointly they shall join in their
challenges; provided, that when two or more defendants have
inconsistent defenses they shall be granted separate challenges for
each defendant as hereinafter set forth.
First. In prosecutions for first degree murder, nine jurors
each.
Second. In other felonies, five jurors each.
Third. In all nonfelony prosecutions, three jurors each.
R.L.1910, § 5854. Amended by Laws 1975, c. 77, § 1, eff. Oct. 1,
1975.
§22-656. Challenge for cause.
A challenge for cause may be taken either by the state or the
defendant.
R.L.1910, § 5855.
§22-657. Challenges for cause classified.
0"* "".$! "!.! "487
It is an objection to a particular juror and is either:
1. General, that the juror is disqualified from serving in any
case on trial; or,
2. Particular, that he is disqualified from serving in the case
on trial.
R.L.1910, § 5856.
§22-658. Causes for challenge, in general.
General causes of challenges are:
1. A conviction for felony.
2. A want of any of the qualifications prescribed by law, to
render a person a competent juror, including a want of knowledge of
the English language as used in the courts.
3. Unsoundness of mind, or such defect in the faculties of the
mind or organs of the body as renders him incapable of performing the
duties of a juror.
R.L.1910, § 5857.
§22-659. Particular causes - Implied bias - Actual bias.
Particular causes of challenge are of two kinds:
1. For such a bias as when the existence of the facts is
ascertained, in judgment of law disqualifies the juror, and which is
known in this chapter as implied bias.
2. For the existence of a state of mind on the part of the
juror, in reference to the case, or to either party, which satisfies
the court, in the exercise of a sound discretion, that he cannot try
the issue impartially, without prejudice to the substantial rights of
the party challenging, and which is known in this chapter as actual
bias.
R.L.1910, § 5858.
§22-660. Implied bias, challenge for.
A challenge for implied bias may be taken for all or any of the
following cases, and for no other:
1. Consanguinity or affinity within the fourth degree,
inclusive, to the person alleged to be injured by the offense charged
or on whose complaint the prosecution was instituted, or to the
defendant.
2. Standing in the relation of guardian and ward, attorney and
client, master and servant, or landlord and tenant, or being a member
of the family of the defendant, or of the person alleged to be
injured by the offense charged, or on whose complaint the prosecution
was instituted, or in his employment on wages.
3. Being a party adverse to the defendant in a civil action, or
having complained against, or been accused by him in a criminal
prosecution.
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4. Having served on the grand jury which found the indictment,
or on a coroner's jury which inquired into the death of a person
whose death is the subject of the prosecution.
5. Having served on a trial jury which has tried another person
for the offense charged in the indictment or information.
6. Having been one of the jury formerly sworn to try the
indictment or information and whose verdict was set aside, or which
was discharged without a verdict, after the cause was submitted to
it.
7. Having served as a juror in a civil action brought against
the defendant for the act charged as an offense.
8. If the offense charged be punishable with death, the
entertaining of such conscientious opinions as would preclude his
finding the defendant guilty of, in which case he shall neither be
permitted nor compelled to serve as a juror.
R.L.1910, § 5859.
§22-661. Right of exemption from service not cause for challenge.
An exemption from service on a jury is not a cause of challenge,
but the privilege of the person exempted.
R.L. 1910, § 5860.
§22-662. Cause for challenge must be stated - Form and entry of
challenge - Juror not disqualified for having formed opinion, when.
In a challenge for implied bias, one or more of the causes stated
in the second preceding section must be alleged. In a challenge for
actual bias, the cause stated in the second subdivision of the third
preceding section must be alleged; but no person shall be
disqualified as a juror by reason of having formed or expressed an
opinion upon the matter or cause to be submitted to such jury,
founded upon rumor, statements in public journals, or common
notoriety, provided it appears 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. The challenge may be oral, but must be entered upon the
minutes of the court.
R.L.1910, § 5861.
§22-663. Exception to the challenge.
The adverse party may except to the challenge in the same manner
as to a challenge to the panel, and the same proceedings must be had
thereon, except that if the exception be allowed the juror must be
excluded. The adverse party may also orally deny the facts alleged
as the grounds of challenge.
R.L.1910, § 5862.
§22-664. Trial of challenges.
0"* "".$! "!.! "489
All challenges, whether to the panel or to individual jurors
shall be tried by the court, without the aid of triers.
R.L.1910, § 5863.
§22-665. Trial of challenge - Examining jurors.
Upon the trial of a challenge to an individual juror, the juror
challenged may be examined as a witness to prove or disprove the
challenge, and is bound to answer every question pertinent to the
inquiry therein.
R.L.1910, § 5864.
§22-666. Other witnesses.
Other witnesses may also be examined on either side, and the rules of
evidence applicable to the trial of other issues govern the admission
or exclusion of testimony, on the trial of the challenges. R.L.1910,
§ 5865.
§22-667. Ruling on challenge.
On the trial of a challenge the court must either allow or
disallow the challenge and direct an entry accordingly upon the
minutes.
R.L.1910, § 5866.
§22-691. Challenges to individual jurors.
All challenges to individual jurors must be taken, first by the
defendant and then by the state alternately.
R.L.1910, § 5867.
§22-692. Order of challenges for cause.
The challenges of either party for cause need not all be taken at
once, but they must be taken separately, in the following order,
including in each challenge all the causes of challenge belonging to
the same class:
1. To the panel.
2. To an individual juror for a general disqualification.
3. To an individual juror for implied bias.
4. To an individual juror for actual bias.
R.L.1910, § 5868.
§22-693. Peremptory challenges.
If all challenges on both sides are disallowed, either party,
first the state and then the defendant, may take a peremptory
challenge, unless the peremptory challenges are exhausted.
R.L.1910, § 5869.
§22-701. Defendant a competent witness - Comment on failure to
testify - Presumption.
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In the trial of all indictments, informations, complaints and
other proceedings against persons charged with the commission of a
crime, offense or misdemeanor before any court or committing
magistrate in this state, the person charged shall at his own
request, but not otherwise, be a competent witness, and his failure
to make such request shall not create any presumption against him nor
be mentioned on the trial; if commented upon by counsel it shall be
ground for a new trial.
R.L.1910, § 5881.
§22-703. Subpoena defined.
The process by which the attendance of a witness before a court
or magistrate is required, is a subpoena.
R.L.1910, § 6009.
§22-704. Magistrate may issue subpoena.
A magistrate before whom complaint is laid, or to whom a
presentment of a grand jury or information is sent, may issue
subpoenas, subscribed by him, for witnesses within the state, either
on behalf of the state or of the defendant.
R.L.1910, § 6010.
§22-705. District attorney to issue subpoenas for grand jury.
The district attorney may issue subpoena, subscribed by him, for
witnesses within the state in support of the prosecution, or for such
other witnesses as the grand jury may direct, to appear before the
grand jury upon an investigation before them.
R.L.1910, § 6011.
§22-706. Issuing subpoenas for trial.
The district attorney may in like manner issue subpoena for
witnesses within the state, in support of an indictment or
information, to appear before the court at which it is to be tried.
R.L.1910, § 6012.
§22-707. Defendant's subpoenas.
The clerk of the court at which an indictment is to be tried,
must, at all times, upon the application of the defendant, and
without charge, issue as many blank subpoenas, under the seal of the
court and subscribed by him as clerk, for witnesses within the state,
as may be required by the defendant.
R.L.1910, § 6013.
§22-708. Form of subpoena.
A subpoena, authorized by the last four sections, must be
substantially in the following form:
IN THE NAME OF THE STATE OF
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OKLAHOMA.
To ......... ,
Greeting: You are commanded to appear before C. D., a justice of
the peace of ........ at ....... (or the grand jury of the county
of ......... or the district court of ......... county, or as the
case may be), on the ........ (stating day and hour), and remain in
attendance on and call of said ........ from day to day and term to
term until lawfully discharged, as a witness in a criminal action
prosecuted by the State of Oklahoma against E. F. (or to testify as
the case may be).
R.L.1910, § 6014.
§22-709. Continuances, witness must take notice of.
Every witness summoned in a criminal action pending in a
district, superior or county court shall take notice of the
postponements and continuances and when once summoned in such action
shall, without further notice or summons, be in attendance upon such
action, as such witness, until discharged by the court.
R.L.1910, § 6015.
§22-710. Subpoena duces tecum.
If the books, papers or documents be required, a direction to the
following effect must be continued in the subpoena:
And you are required also to bring with you the following:
(Describe intelligently the books, papers or documents required).
R.L.1910, § 6016.
§22-711. Service of subpoena by whom - Return.
A peace officer must serve in his county, city, town or village,
as the case may be, any subpoena delivered to him for service, either
on the part of the state or of the defendant, and must make a written
return of the service, subscribed by him, stating the time and place
of service without delay. A subpoena may, however, be served by any
other person.
R.L.1910, § 6017.
§22-712. Service, manner of - Cost.
A. Service of subpoenas for witnesses in criminal actions in the
district courts of this state shall be made in the same manner as in
civil actions pursuant to Section 2004.1 of Title 12 of the Oklahoma
Statutes.
B. The cost of service of subpoenas shall be borne by the
parties unless otherwise ordered by the court.
R.L. 1910, § 6018. Amended by Laws 1984, c. 164, § 30, eff. Nov. 1,
1984; Laws 1985, c. 112, § 6, eff. Nov. 1, 1985; Laws 1997, c. 400, §
8, eff. July 1, 1997.
0"* "".$! "!.! "49
§22-715. Witness residing outside county – Subpoena of court clerks.
A. No person is obliged to attend as a witness before a court or
magistrate outside the county where the witness resides or is served
with a subpoena, unless the judge of the court in which the offense
is triable, upon an affidavit of the district attorney, or of the
defendant or the defendant’s counsel, stating that he or she believes
that the evidence and attendance of the witness is material and
necessary, shall endorse on the subpoena an order for the attendance
of the witness.
B. The court clerks of this state shall not be subject to
subpoena unless the court makes a specific finding that appearance
and testimony are both material and necessary because of a written
objection to the introduction of certified documents made by the
defendant or other party prior to trial.
R.L.1910, § 6021; Laws 1999, c. 386, § 3, eff. Nov. 1, 1999.
§22-716. Disobedience to subpoena.
Disobedience to a subpoena, or a refusal to be sworn or to
testify, may be punished by the court or magistrate, as for a
criminal contempt, in the manner provided in civil procedure.
R.L.1910, § 6022.
§22-717. Disobeying defendant's subpoena - Forfeiture.
A witness disobeying a subpoena issued on the part of the
defendant, also forfeits to the defendant the sum of Fifty Dollars
($50.00), which may be recovered in a civil action.
R.L.1910, § 6023.
§22-718. Witnesses - Fees and mileage.
A witness who appears from another state to testify in this state
in a criminal case or proceeding pursuant to a subpoena issued in
accordance with the provisions of the Uniform Act to Secure the
Attendance of Witnesses from Without a State in Criminal Proceedings,
Section 721 et seq. of this title, shall be reimbursed as prescribed
by law for travel and expenses at rates not to exceed those
prescribed by law for reimbursement of state employees traveling
interstate. Such witnesses shall receive the same fees as witnesses
who appear from this state, pursuant to Section 81 of Title 28 of the
Oklahoma Statutes. If the witness is under eighteen (18) years of
age, or requires the assistance of a guardian due to age or
infirmity, the travel expenses of one parent or guardian may be
reimbursed also. The parent or guardian shall not be entitled to a
witness fee. Upon conviction, such fees and mileage shall be taxed
as costs, collected and deposited as other costs in the case.
R.L.1910, § 6024. Amended by Laws 1973, c. 138, § 1, emerg. eff. May
10, 1973; Laws 1975, c. 227, § 2, eff. Oct. 1, 1975; Laws 1983, c.
126, § 1, operative July 1, 1983; Laws 1985, c. 112, § 7, eff. Nov.
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1, 1985; Laws 1993, c. 227, § 5, eff. July 1, 1993; Laws 1994, c.
229, § 1, eff. Sept. 1, 1994; Laws 2002, c. 460, § 17, eff. Nov. 1,
2002.
§22-719. Persons held as material witnesses to be informed of
constitutional rights - Fees.
Whenever any person shall be taken into custody by any law
enforcement officer to be held as a material witness in any criminal
investigation or proceeding, he shall, if not sooner released, be
taken before a judge of the district court without unnecessary delay
and said judge of the district court shall immediately inform him of
his constitutional rights including the reason he is being held in
custody, his right to the aid of counsel in every stage of the
proceedings, and of his right to be released from custody upon
entering into a written undertaking in the manner provided by law. A
witness who is held in custody pursuant to the provisions hereof
shall be kept separately and apart from any person, or persons, being
held in custody because of being accused of committing a crime. A
witness who desires aid of counsel and is unable to obtain aid of
counsel by reason of poverty shall be by the court provided counsel
at the expense of the court fund of the county. During the time a
witness is in custody he shall receive the witness fee provided by
law for witnesses in criminal cases.
Laws 1970, c. 193, § 1, emerg. eff. April 13, 1970.
§22-720. Detainment of person as material witness.
A. If a law enforcement officer has probable cause to believe
that a person is a necessary and material witness to a felony and
that there is probable cause to believe that the person would be
unwilling to accept service of a subpoena or may otherwise refuse to
appear in any criminal proceeding, the officer may detain the person
as a material witness with or without an arrest warrant; provided, no
person may be detained as a material witness to a crime for more than
forty-eight (48) hours without being taken before a judge as required
by Section 719 of Title 22 of the Oklahoma Statutes; and provided
further, no person may be detained as a material witness to a crime
who is a victim of such crime.
B. At the time of the detainment, the law enforcement officer
shall inform the person:
1. Of the identity of the officer as a law enforcement officer;
and
2. That the person is being detained because the officer has
probable cause to believe the person:
a. is a material witness to an identified felony, and
b. would be unwilling to accept service of a subpoena or
may otherwise refuse to appear in any criminal
proceeding.
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C. If a material witness is taken into custody pursuant to this
section, the provisions of Section 719 of Title 22 of the Oklahoma
Statutes shall apply.
Added by Laws 2004, c. 275, § 10, eff. July 1, 2004.
§22-721. Definitions.
"Witness" as used in this act shall include a person whose
testimony is desired in any proceeding or investigation by a grand
jury or in a criminal action, prosecution or proceeding.
The word "state" shall include any territory of the United States
and the District of Columbia.
The word "summons" shall include a subpoena, order or other
notice requiring the appearance of a witness.
Laws 1949, p. 205, § 1.
§22-722. Summoning witness in this state to testify in another
state.
A. If a judge of a court of record in any state which by its
laws has made provision for commanding persons within that state to
attend and testify in this state certifies under the seal of such
court that there is a criminal prosecution pending in such court, or
that a grand jury investigation has commenced or is about to
commence, that a person being within this state is a material witness
in such prosecution, or grand jury investigation, and that his
presence will be required for a specified number of days, upon
presentation of such certificate to any judge of a court of record in
the county in which such person is, such judge shall fix a time and
place for a hearing, and shall make an order directing the witness to
appear at a time and place certain for the hearing.
B. If at a hearing the judge determines that the witness is
material and necessary, that it will not cause undue hardship to the
witness to be compelled to attend and testify in the prosecution or a
grand jury investigation in the other state, and that the laws of the
state in which the prosecution is pending, or grand jury
investigation has commenced or is about to commence, (and of any
other state through which the witness may be required to pass by
ordinary course of travel), will give to him protection from arrest
and the service of civil and criminal process, he shall issue a
summons, with a copy of the certificate attached, directing the
witness to attend and testify in the court where the prosecution is
pending, or where a grand jury investigation has commenced or is
about to commence at a time and place specified in the summons. In
any such hearing the certificate shall be prima facie evidence of all
the facts stated therein.
C. If said certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting state
to assure his attendance in the requesting state, such judge may, in
0"* "".$! "!.! "492
lieu of notification of the hearing, direct that such witness be
forthwith brought before him for said hearing; and the judge at the
hearing being satisfied of the desirability of such custody and
delivery, for which determination the certificate shall be prima
facie proof of such desirability may, in lieu of issuing subpoena or
summons, order that said witness be forthwith taken into custody and
delivered to an officer of the requesting state.
D. If the witness, who is summoned as above provided, after
being paid or tendered by some properly authorized person the greater
of the sum authorized by the law of the state to which the witness
must travel or the sum of fifteen cents ($0.15) a mile for each mile
by the ordinary traveled route to and from the court where the
prosecution is pending and Twelve Dollars ($12.00) for each day, that
he is required to travel and attend as a witness, fails without good
cause to attend and testify as directed in the summons, he shall be
punished in the manner provided for the punishment of any witness who
disobeys a summons issued from a court of record in this state.
Added by Laws 1949, p. 205, § 2. Amended by Laws 1994, c. 229, § 2,
eff. Sept. 1, 1994.
§22-723. Witness from another state summoned to testify in this
state.
A. If a person in any state, which by its laws has made
provision for commanding persons within its borders to attend and
testify in criminal prosecutions, or grand jury investigations
commenced or about to commence, in this state, is a material witness
in a prosecution pending in a court of record in this state, or in a
grand jury investigation which has commenced or is about to commence,
a judge of such court may issue a certificate under the seal of the
court stating these facts and specifying the number of days the
witness will be required. Said certificate may include a
recommendation that the witness be taken into immediate custody and
delivered to an officer of this state to assure his attendance in
this state. This certificate shall be presented to a judge of a
court of record in the county in which the witness is found.
B. A witness who has appeared in accordance with the provisions
of the summons shall not be required to remain within this state a
longer period of time than the period mentioned in the certificate,
unless otherwise ordered by the court. If such witness, after coming
into this state, fails without good cause to attend and testify as
directed in the summons, he shall be punished in the manner provided
for the punishment of any witness who disobeys a summons issued from
a court of record in this state.
C. If the witness is summoned to attend and testify in this
state he shall be tendered, at the time he is ordered to appear,
travel and expenses pursuant to Section 718 of this title for each
day he is required to travel and attend as a witness. A judge of a
0"* "".$! "!.! "495
court of record in this state may approve travel and expenses
pursuant to Section 718 of this title for witnesses who voluntarily
appear and testify in a criminal prosecution or grand jury
investigation upon proper affidavit and showing.
Laws 1949, p. 206, § 3; Laws 1975, c. 227, § 3, eff. Oct. 1, 1975;
Laws 1980, c. 48, § 1, eff. July 1, 1980.
§22-724. Exemption from arrest and service of process.
If a person comes into this state in obedience to a summons
directing him to attend and testify in this state he shall not while
in this state pursuant to such summons be subject to arrest or the
service of process, civil or criminal, in connection with matters
which arose before his entrance into this state under the summons.
If a person passes through this state while going to another
state in obedience to a summons to attend and testify in that state
or while returning therefrom, he shall not while so passing through
this state be subject to arrest or the service of process, civil or
criminal, in connection with matters which arose before his entrance
into this state under the summons.
Laws 1949, p. 206, § 4.
§22-725. Uniformity of interpretation.
This act shall be so interpreted and construed as to effectuate
its general purpose to make uniform the law of the states which enact
it.
Laws 1949, p. 206, § 5.
§22-726. Short title.
This act may be cited as "Uniform Act to Secure the Attendance of
Witnesses from Without a State in Criminal Proceedings".
Laws 1949, p. 206, § 6.
§22-727. Constitutionality.
If any provision of this act or the application thereof to any
person or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of the act which can be given
effect without the invalid provisions or applications, and to this
end the provisions of this act are declared to be severable.
Laws 1949, p. 206, § 8.
§22-728. Short Title.
This act shall be known and may be cited as the "Oklahoma Uniform
Act to Secure Rendition of Prisoners in Criminal Proceedings".
Added by Laws 1989, c. 100, § 1, eff. Nov. 1, 1989.
§22-729. Definitions.
As used in this act:
0"* "".$! "!.! "497
1. "Penal institution" means a jail, prison, penitentiary, house
of correction, or other place of penal detention or place where the
prisoner is required to reside or report in lieu of penal detention,
including, but not limited to house arrest, half-way houses,
community or treatment centers;
2. "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory of the
United States;
3. "Witness" means a person who is confined in a penal
institution in a state and whose testimony is desired in another
state by a grand jury or other criminal proceeding before a court.
Added by Laws 1989, c. 100, § 2, eff. Nov. 1, 1989.
§22-730. Certificate from another state to compel witness to appear
and testify - Notice, order and hearings.
A. A judge of a state court of record in another state, which by
its laws has made provision for commanding persons confined in penal
institutions within that state to attend and testify in this state,
may certify as follows:
1. There is a criminal proceeding or investigation by a grand
jury or other criminal proceeding pending in the court;
2. A person who is confined in a penal institution in this state
may be a material witness in the proceeding; and
3. His presence will be required during a specified time.
B. Upon presentation of the certificate to any judge having
jurisdiction over the person confined and on notice to the attorney
general, the judge in this state shall:
1. Fix a time and place for a hearing; and
2. Enter an order directing the person having custody of the
prisoner to produce the prisoner at the hearing.
Added by Laws 1989, c. 100, § 3, eff. Nov. 1, 1989.
§22-731. Transfer order - Determinations necessary - Copy of
certificate attached - Directions and prescriptions -
Responsibilities of requesting jurisdiction.
A. A judge may issue a transfer order if, at the hearing, the
judge determines as follows:
1. The witness may be material and necessary to the proceeding;
2. His attendance and testimony are not adverse to the interest
of this state or to the health or legal rights of the witness;
3. The laws of the state in which he is requested to testify
will give him protection from arrest and the service of civil and
criminal process due to any act committed prior to his arrival in the
state under the order; and
4. The possibility is negligible that the witness may be subject
to arrest or to the service of civil or criminal process in any state
through which he will be required to pass.
0"* "".$! "!.! "498
B. If a judge issues an order under subsection A of this
section, the judge shall attach to the order a copy of the
certificate presented pursuant to Section 3 of this act. The order
shall:
1. Direct the witness to attend and testify;
2. Except as provided by subsection C of this section, direct
the person having custody of the witness to produce him in the court
where the criminal proceeding is pending or where the grand jury is
sitting at a time and place specified in the order; and
3. Prescribe such other conditions as the judge shall determine.
C. The judge, in lieu of directing the person having custody of
the witness to produce him in the requesting jurisdiction's court,
may direct and require in the order as follows: 1. An officer of the
requesting jurisdiction to come to the Oklahoma penal institution in
which the witness is confined to accept custody of the witness for
physical transfer to the requesting jurisdiction;
2. The requesting jurisdiction provide proper safeguards for his
custody while in transit;
3. The requesting jurisdiction be liable for and pay all expense
incurred in producing and returning the witness, including but not
limited to food, lodging, clothing, and medical care; and
4. The requesting jurisdiction promptly deliver the witness back
to the same or another Oklahoma penal institution as specified by the
Department of Corrections at the conclusion of his testimony.
Added by Laws 1989, c. 100, § 4, eff. Nov. 1, 1989.
§22-732. Transfer order - Additional conditions - Expenses of return
of witness - Effective date.
A. An order to a witness and to a person having custody of the
witness shall provide for the return of the witness at the conclusion
of his testimony, proper safeguards for his custody, and
reimbursement or prepayment by the requesting jurisdiction for all
expenses incurred in the production and return of the witness.
B. The order may prescribe any other condition the judge
determines to be proper or necessary.
C. The judge shall not require prepayment of expenses if the
judge directs and requires the requesting jurisdiction to accept
custody of the witness at the penal institution of this state in
which the witness is confined and to deliver the witness back to the
same or another penal institution of this state as specified by the
Oklahoma Department of Corrections at the conclusion of his
testimony.
D. An order does not become effective until the judge of the
state requesting the witness enters an order directing compliance
with the conditions prescribed.
Added by Laws 1989, c. 100, § 5, eff. Nov. 1, 1989.
0"* "".$! "!.! "499
§22-733. Act inapplicable to certain persons.
This act does not apply to a person in this state who is confined
due to mental illness or who is under sentence of death.
Added by Laws 1989, c. 100, § 6, eff. Nov. 1, 1989.
§22-734. Certificate from this state to another state to compel
prisoner to appear and testify - Contents - Presentation - Notice to
attorney general of other state.
A. If a person confined in a penal institution in any other
state may be a material witness in a criminal proceeding pending in a
court of record or in a grand jury investigation in this state, a
judge of the court may certify as follows:
1. There is a grand jury or a criminal proceeding pending in
this court;
2. A person who is confined in a penal institution in the other
state may be a material witness in the proceeding or investigation;
and
3. His presence will be required during a specified time.
B. The judge of the court in this state shall:
1. Present the certificate to a judge of a court of record in
the other state having jurisdiction over the prisoner confined; and
2. Give notice to the attorney general of the state in which the
prisoner is confined, that the prisoner's presence will be required.
Added by Laws 1989, c. 100, § 7, eff. Nov. 1, 1989.
§22-735. Order directing compliance with terms and conditions of
order from another state.
A judge of the court in this state may enter an order directing
compliance with the terms and conditions of an order specified in a
certificate pursuant to Section 3 of this act and entered by the
judge of the state in which the witness is confined.
Added by Laws 1989, c. 100, § 8, eff. Nov. 1, 1989.
§22-736. Immunity from arrest and civil or criminal process.
If a witness from another state comes into or passes through this
state under an order directing him to attend and testify in this or
any other state, while in this state pursuant to the order, he shall
not be subject to arrest or the service of civil or criminal process
because of any act committed prior to his arrival in this state under
the order.
Added by Laws 1989, c. 100, § 9, eff. Nov. 1, 1989.
§22-737. Construction of act.
This act shall be so construed as to effect its general purpose
to make uniform the laws of those states which enact it.
Added by Laws 1989, c. 100, § 10, eff. Nov. 1, 1989.
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§22-741. Overt act in conspiracy.
Upon a trial for conspiracy, in a case where an overt act is
necessary to constitute the offense, the defendant cannot be
convicted unless one or more overt acts be expressly alleged in the
indictment or information, nor unless one or more of the acts alleged
be proved; but any other overt act, not alleged in the indictment may
be given in evidence.
R.L.1910, § 5883.
§22-742. Accomplice, testimony of.
A conviction cannot be had upon the testimony of an accomplice
unless he be corroborated by such other evidence as tends to connect
the defendant with the commission of the offense, and the
corroboration is not sufficient if it merely show the commission of
the offense or the circumstances thereof.
R.L.1910, § 5884.
§22-743. False pretenses, evidence of.
Upon a trial for having, with an intent to cheat or defraud
another designedly, by any false pretense, obtained the signature of
any person to a written instrument, or having obtained from any
person any money, personal property or valuable thing, the defendant
cannot be convicted if the false pretense was expressed in language
unaccompanied by a false token or writing, unless the pretense, or
some note or memorandum thereof, be in writing either subscribed by,
or in the handwriting of the defendant, or unless the pretense be
proven by the testimony of two witnesses, or that of one witness and
corroborating circumstances. But this section does not apply to
prosecution for falsely representing or personating another, and in
such assumed character, marrying or receiving money or property.
R.L.1910, § 5885.
§22-744. Seduction, corroboration of prosecutrix.
Upon a trial for inveigling, enticing or taking away an unmarried
female of previous chaste character, under the age of twenty-five
(25) years, for the purpose of prostitution, or aiding or assisting
therein, or for having, under promise of marriage, seduced and had
illicit connection with an unmarried female of previous chaste
character, the defendant cannot be convicted upon testimony of the
person injured unless she is corroborated by other evidence tending
to connect the defendant with the commission of the offense.
R.L.1910, § 5886.
§22-745. Murder, burden of proof in mitigation of.
Upon a trial for murder, the commission of the homicide by the
defendant being proven, the burden of proving circumstances of
mitigation, or that justify or excuse it, devolves upon him, unless
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the proof on the part of the prosecution tends to show that the crime
committed only amounts to manslaughter, or that the defendant was
justifiable or excusable.
R.L.1910, § 5902.
§22-746. Bigamy, proof on trial for.
Upon a trial for bigamy, it is not necessary to prove either of
the marriages by the register, certificate or other record evidence
thereof, but the same may be proved by such evidence as is admissible
to prove a marriage in other cases, and when the second marriage took
place out of the state, proof of that fact accompanied with proof of
cohabitation thereafter in this state, is sufficient to sustain the
charge.
R.L.1910, § 5903.
§22-747. Forgery of bill or note of corporation or bank, proof on
trial for.
Upon a trial for forgery any bill or note purporting to be a bill
or note of an incorporated company or bank, or for passing or
attempting to pass, or having in possession with intent to pass, any
such forged bill or note, it is not necessary to prove the
incorporation of such bank or company by the charter or act of
incorporation, but it may be proved by general reputation, and
persons of skill are competent witnesses to prove that such bill or
note is forged or counterfeited.
R.L.1910, § 5904.
§22-748. Perjury in court, evidence as to.
In cases of perjury, where the perjury is charged to have been
committed in a court, it shall be sufficient to show that the oath
was administered by any officer of the court authorized so to do, or
that the defendant testified and gave his testimony as under oath, or
if the question be in doubt as to what particular officer
administered the oath, it may be shown that it was administered by
any officer authorized so to do.
R.L.1910, § 5909.
§22-749. Sworn statements taken by district attorney or peace
officer of persons having knowledge of criminal offense - Use.
A. In the investigation of a criminal offense, the district
attorney or any peace officer may take the sworn statement of any
person having knowledge of such criminal offense. Any person charged
with a crime shall be entitled to a copy of any such sworn statement
upon the same being obtained.
B. If a witness in a criminal proceeding gives testimony upon a
material issue of the case contradictory to his previous sworn
statement, evidence may be introduced that such witness has
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previously made a statement under oath contradictory to such
testimony.
Laws 1969, c. 224, § 1, emerg. eff. April 21, 1969.
§22-750. Renumbered as § 2412 of Title 12 by Laws 1992, c. 168, § 1,
eff. Sept. 1, 1992.
§22-751. Admission of findings - Laboratory and medical examiner's
reports - Release of controlled dangerous substances - Compelled
attendance in court of report preparers.
A. At any hearing prior to trial or at a forfeiture hearing:
1. A report of the findings of the laboratory of the Oklahoma
State Bureau of Investigation, the Federal Bureau of Investigation or
the Drug Enforcement Administration;
2. The report of investigation or autopsy report of the medical
examiner;
3. A laboratory report from a forensic laboratory operated by
this state or any political subdivision thereof, or from a laboratory
performing analysis at the request of a forensic laboratory operated
by this state or any political subdivision thereof;
4. A report from the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control or the electronic methamphetamine precursor
tracking service provider as set forth in the Uniform Controlled
Dangerous Substances Act as to the existence or status of any license
or permit to sell, transfer, or possess precursor substances or any
report containing data collected and required to be transmitted by a
registrant to the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control Central Repository pursuant to the provisions of the
Anti-Drug Diversion Act as set forth under the Uniform Controlled
Dangerous Substances Act; or
5. A report from the Department of Public Safety as to the
handling and storage of evidence, which has been made available to
the accused by the office of the district attorney at least five (5)
days prior to the hearing, with reference to all or any part of the
evidence submitted, when certified as correct by the persons making
the report shall be received as evidence of the facts and findings
stated, if relevant and otherwise admissible in evidence. If a
report is deemed relevant by the state or the accused, the court
shall admit the report without the testimony of the person making the
report, unless the court, pursuant to subsection C of this section,
orders the person making the report to appear. If the accused is not
served with a report, by the district attorney, within five (5) days
prior to a hearing, the accused may be allowed a continuance of the
portion of the hearing to which the report is relevant, to allow at
least five (5) days' preparation subsequent to the district
attorney's furnishing of the report.
0"* "".$! "!.! "4:+
B. When any alleged controlled dangerous substance has been
submitted to the laboratory of the Bureau for analysis, and such
analysis shows that the submitted material is a controlled dangerous
substance, the distribution of which constitutes a felony under the
laws of this state, no portion of such substance shall be released to
any other person or laboratory without an order of a district court.
The defendant shall additionally be required to submit to the court a
procedure for transfer and analysis of the subject material to ensure
the integrity of the sample and to prevent the material from being
used in any illegal manner.
C. For purposes of the medical examiner's report of
investigation or autopsy report, or a laboratory report from a
forensic laboratory operated by the State of Oklahoma or any
political subdivision thereof or a report from the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control as to the existence
or status of any license or permit to sell, transfer, or possess
precursor substances:
1. The court, upon motion of the state or the accused, shall
order the attendance of any person preparing a report submitted as
evidence in any hearing prior to trial or forfeiture hearing, when it
appears there is a substantial likelihood that material evidence not
contained in such report may be produced by the testimony of the
person having prepared the report;
2. The motion shall be filed and notice of the hearing on the
motion to order the attendance of the Chief Medical Examiner, a
medical examiner, consultant pathologist, or anyone under their
supervision or control shall be given to the medical examiner's
office. The hearing shall be held and, if sustained, an order issued
not less than five (5) days prior to the time when the testimony
shall be required; and
3. If within five (5) days prior to the hearing or during a
hearing a motion is made pursuant to this subsection requiring a
person having prepared a report to testify, the court may hear a
report or other evidence but shall continue the hearing until such
time notice of the motion and hearing is given to the medical
examiner's office, the motion is heard, and, if sustained, testimony
ordered can be given.
Added by Laws 1976, c. 259, § 15, operative July 1, 1976. Amended by
Laws 1988, c. 109, § 26, eff. Nov. 1, 1988; Laws 1991, c. 228, § 1,
emerg. eff. May 23, 1991; Laws 1992, c. 355, § 3; Laws 1996, c. 199,
§ 2, eff. Nov. 1, 1996; Laws 1999, c. 55, § 1, emerg. eff. April 5,
1999; Laws 2001, c. 99, § 1, eff. July 1, 2001; Laws 2004, c. 130, §
5, emerg. eff. April 20, 2004; Laws 2009, c. 274, § 2, eff. Nov. 1,
2009; Laws 2010, c. 89, § 1, eff. Nov. 1, 2010; Laws 2013, c. 5, § 1,
eff. Nov. 1, 2013; Laws 2019, c. 209, § 1, eff. Nov. 1, 2019.
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§22-751.1. DNA profile - Use as evidence - Notification of
defendant.
A. As used in this act:
1. "Deoxyribonucleic Acid (DNA)" means the molecules in all
cellular forms that contain genetic information in a patterned
chemical structure of each individual; and
2. "DNA Profile" means an analysis of DNA resulting in the
identification of an individual's patterned chemical structure of
genetic information.
B. 1. At any hearing prior to trial or at a forfeiture hearing,
a report of the findings of a laboratory report from a forensic
laboratory operated by this state or any political subdivision
thereof, or from a laboratory performing analysis at the request of a
forensic laboratory operated by this state or any political
subdivision thereof, regarding DNA Profile, which has been made
available to the accused by the office of the district attorney at
least five (5) days prior to the hearing, when certified as correct
by the persons making the report, shall be received as evidence of
the facts and findings stated, if relevant and otherwise admissible
in evidence. If a report is deemed relevant by the state or the
accused, the court shall admit the report without the testimony of
the person making the report, unless the court, pursuant to this
section, orders the person making the report to appear. If the
accused is not served with a report, by the district attorney, at
least five (5) days prior to a hearing, the accused may be allowed a
continuance of the portion of the hearing to which the report is
relevant, to allow at least five (5) days' preparation subsequent to
the furnishing of the report by the district attorney.
2. The court, upon motion of the state or accused, shall order
the attendance of any person preparing such a report submitted as
evidence in any hearing prior to trial or forfeiture hearing, when it
appears there is a substantial likelihood that material evidence not
contained in the report may be produced by the testimony of the
person having prepared the report. The motion shall be filed and
notice given of the hearing on the motion to order the attendance of
the person having prepared the report. A hearing shall be held and,
if the motion is sustained, an order issued giving not less than five
(5) days' prior notice to the time when the testimony shall be
required. If, within five (5) days prior to the hearing or during a
hearing, a motion is made pursuant to this subsection requiring a
person having prepared a report to testify, the court may hear the
report or other evidence but shall continue the hearing until such
time notice of the motion and hearing is given to the person having
prepared the report, the motion is heard, and, if sustained,
testimony ordered can be given.
C. If the state decides to offer evidence of a DNA profile in
any trial on the merits, the state shall, at least fifteen (15) days
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before the criminal proceeding, notify in writing the defendant or
the defendant's attorney and mail, deliver, or make available to the
defendant or the defendant's attorney a copy of any report or
statement to be introduced that has not previously been made
available to the defendant or the defendant’s attorney pursuant to
subsection B of this section.
Added by Laws 1991, c. 227, § 1, emerg. eff. May 23, 1991. Amended
by Laws 2001, c. 88, § 1, eff. Nov. 1, 2001; Laws 2009, c. 274, § 1,
eff. Nov. 1, 2009.
§22-752. Repealed by Laws 1993, c. 197, § 4, eff. Sept. 1, 1993.
§22-753. Repealed by Laws 2003, c. 405, § 11, eff. Nov. 1, 2003.
§22-761. Conditional examination of witnesses.
When a defendant has been held to answer a charge for a public
offense, the defendant or the State of Oklahoma may either before or
after indictment or information, have witnesses examined
conditionally on his behalf as prescribed in this article, and not
otherwise.
R.L. 1910, § 6025. Amended by Laws 1994, c. 292, § 5, eff. Sept. 1,
1994.
§22-762. Conditional examinations in certain cases.
When a material witness in any criminal case is about to leave
the state, or is so sick or infirm as to afford reasonable grounds
for apprehending that he will be unable to attend the trial, the
defendant or the State of Oklahoma may apply for an order that the
witness be examined conditionally.
Amended by Laws 1983, c. 126, § 2, operative July 1, 1983.
§22-762.1. Order for conditional examination of witnesses.
Where the magistrate terminated the preliminary hearing pursuant
to Section 258 of Title 21 of the Oklahoma Statutes and a witness
subsequently refuses an interview with counsel for the opposing
party, the defendant or the State of Oklahoma may apply for an order
that the witness be examined conditionally.
Added by Laws 1994, c. 292, § 6, eff. Sept. 1, 1994.
§22-763. Affidavit on application for conditional examination.
The application must be made upon affidavit stating:
First. The nature of the offense charged.
Second. The state of the proceedings in the action.
Third. The name and residence of the witness, and that his
testimony is material to the defense of the action.
Fourth. That the witness is about to leave the state, or is so
sick or infirm as to afford reasonable grounds for apprehending that
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he will not be able to attend the trial, or that the magistrate
terminated the preliminary hearing pursuant to Section 258 of this
title and that the witness refuses to grant an interview to counsel
regarding the material issues for trial.
R.L. 1910, § 6027. Amended by Laws 1994, c. 292, § 7, eff. Sept. 1,
1994.
§22-764. Application made to court or judge - Notice.
The application may be made to the court or to a judge thereof,
and must be made upon five (5) days notice to the counsel for the
opposing party, if any.
R.L. 1910, § 6028. Amended by Laws 1994, c. 292, § 8, eff. Sept. 1,
1994.
§22-765. Order for examination - Testimony by alternative method.
If the court or judge is satisfied that the examination of the
witness is necessary an order must be made that the witness be
examined conditionally at a specified time and place, and that a copy
of the order be served on counsel for the opposing party within a
specified time before that fixed for the examination. If the witness
is a child under thirteen (13) years of age or a vulnerable adult as
defined in Section 10-103 of Title 43A of the Oklahoma Statutes, the
court can allow the witness to testify through an alternative method
pursuant to the provisions of the Uniform Child Witness Testimony by
Alternative Methods Act or Section 2611.2 of Title 12 of the Oklahoma
Statutes.
R.L. 1910, § 6029. Amended by Laws 1994, c. 292, § 9, eff. Sept. 1,
1994; Laws 2004, c. 445, § 3, emerg. eff. June 4, 2004.
§22-766. Examination before magistrate or certified court reporter.
The order must direct that the examination be taken before a
magistrate named therein or upon agreement of both the state and
defendant before a certified court reporter. The defendant must be
present for the examination to proceed, unless the presence of the
defendant is waived by both parties.
R.L. 1910, § 6030. Amended by Laws 1994, c. 292, § 10, eff. Sept. 1,
1994.
§22-767. When examination shall not proceed.
If the district attorney or other counsel appear on behalf of the
people, and it is shown to the satisfaction of the magistrate by
affidavit or other proof, or on examination of the witness, that he
is not about to leave the state, or is not sick or infirm, or that
the application was made to avoid the examination of the witness on
trial, or that the preliminary hearing was not terminated pursuant to
Section 258 of this title and that the witness is not refusing to
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grant an interview to counsel, the examination cannot take place;
otherwise, it must proceed.
R.L. 1910, § 6031. Amended by Laws 1994, c. 292, § 11, eff. Sept. 1,
1994.
§22-768. Attendance of witness enforced, how.
The attendance of the witness may be enforced by subpoena issued
by the magistrate before whom the examination is to be taken, or from
the court where the trial is to be had.
R.L.1910, § 6032.
§22-769. Taking and authentication of testimony.
The testimony given by the witness must be reduced to writing.
The magistrate before whom the examination is had may, in his
discretion, order the testimony and proceedings to be taken down in
shorthand, and for that purpose he may appoint a shorthand reporter.
The deposition or testimony of the witness must be authenticated in
the following form:
1. It must state the name of the witness, his place of residence
and his business or profession.
2. It must contain the questions put to the witness and his
answers thereto, each answer being distinctly read to him as it is
taken down, and being corrected or added to until it conforms to what
he declares is the truth; except in cases where the testimony is
taken down in shorthand, the answer or answers of the witness need
not be read to him.
3. If the witness declines answering a question, that fact with
the ground on which the answer was declined must be stated.
4. The deposition must be signed by the witness, or if he refuse
to sign it, his reason for refusing must be stated in writing as he
gives it; except in cases where the deposition is taken down in
shorthand, it must not be signed by the witness.
5. It must be signed and certified by the magistrate when
reduced to writing by him or under his direction; and when taken down
in shorthand, the manuscript of the reporter, appointed as aforesaid,
when written out in longhand writing, and certified as being a
correct statement of such testimony and proceedings in the case,
shall be prima facie a correct statement of such testimony and
proceedings. The reporter shall within five (5) days after the close
of such examination transcribe into longhand writing his said
shorthand notes, and certify and deliver the same to the magistrate,
who shall also certify the same and transmit such testimony and
proceedings, carefully sealed up, to the clerk of the court in which
the action is pending or may come for trial.
R.L.1910, § 6033.
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§22-770. Deposition read in evidence, when - Objections to questions
therein.
The deposition or certified copy thereof may be read in evidence
by either party on the trial upon its appearing that the witness is
unable to attend by reason of his death, insanity, sickness, or
infirmity, or of his continued absence from the state. Upon reading
the depositions in evidence, the same objections may be taken to a
question or answer contained therein as if the witness had been
examined orally in court.
R.L.1910, § 6034.
§22-771. Prisoner, deposition of - Oath.
When a material witness for a defendant under a criminal charge
is a prisoner in a state prison or in a county jail of a county other
than that in which the defendant is to be tried, his deposition may
be taken on behalf of the defendant in the manner provided for in the
case of a witness who is sick; and the foregoing provisions of this
article, so far as they are applicable, govern in the application
for, and in the taking and use of such depositions, such deposition
may be taken before any magistrate or notary public of the county in
which the jail or prison is situated; or in case the witness is
confined in a state prison, and the defendant is unable to pay for
taking the deposition, before the warden or clerk of the board of
control of the prison, whose duty it shall be to act without
compensation. Every officer before whom testimony shall be taken by
virtue hereof, shall have authority to administer, and shall
administer an oath to the witness, that his testimony shall be the
truth, the whole truth and nothing but the truth.
R.L.1910, § 6035.
§22-781. Witness out of state.
When an issue of fact is joined upon an indictment or information
the defendant may have any material witness residing out of the state
examined in his behalf as prescribed in this article and not
otherwise.
R.L.1910, § 6036.
§22-782. Nonresident witness - Application for commission to take
testimony.
When a material witness for the defendant resides out of the
state the defendant may apply for an order that the witness be
examined on a commission to be issued under the seal of the court,
and the signature of the clerk, directed to some party designated as
commissioner, authorizing him to examine the witness upon oath or
interrogatories annexed thereto, and to take and certify the
deposition of the witness and return it according to the instructions
given with the commission.
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R.L.1910, § 6037.
§22-783. Affidavit on application.
Application must be made upon affidavit stating:
1. The nature of the offense charged.
2. The state of the proceedings in the action and that an issue
of the fact has been joined therein.
3. The name of the witness and that his testimony is material to
the defense of the action.
4. That the witness resides out of the state.
R.L.1910, § 6038.
§22-784. Notice of application.
The application may be made to the court or judge himself, and
must be upon five (5) days' notice to the district attorney.
R.L.1910, § 6039.
§22-785. Issuance of commission - Continuance.
If the court or the judge to whom the application is made, is
satisfied of the truth of the facts stated and that the examination
of the witness is necessary to the attainment of justice, an order
must be made that a commission be issued to take his testimony, and
the court or judge may insert in the order a direction that the trial
be stayed for a specified time reasonably sufficient for the
execution of the commission and return thereof, or the case may be
continued.
R.L.1910, § 6040.
§22-786. Interrogatories and cross-interrogatories.
When the commission is ordered, the defendant must serve upon the
district attorney, without delay, a copy of the interrogatories to be
annexed thereto, with three (3) days notice of the time at which they
will be presented to the court or judge. The district attorney may
in like manner serve upon the defendant or his counsel cross-
interrogatories, to be annexed to the commission, with like notice.
In the interrogatories, either party may insert any question
pertinent to the issue. When the interrogatories and cross-
interrogatories are presented to the court or judge, according to the
notice, the court or judge must modify the questions, so as to
conform them to the rules of evidence, and must endorse upon them his
alterations, and annex them to the commission.
R.L.1910, § 6041.
§22-787. Manner of return.
Unless the parties otherwise consent by an endorsement upon the
commission, the court or judge must endorse thereon the direction and
manner in which it must be returned, and may in his discretion direct
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that it be returned by mail or otherwise, addressed to the clerk of
the court in which the action is pending, designating his name, and
the place where his office is kept.
R.L.1910, § 6042.
§22-788. Execution of commission.
The commissioner, unless otherwise specially directed, may
execute the commission as follows:
1. He must administer an oath to the witness that his answers
given to the interrogatories shall be the truth, the whole truth and
nothing but the truth.
2. He must cause the examination of the witness to be reduced to
writing and subscribed by him.
3. He must write the answers of the witness as nearly as
possible in the language in which he gives them, and read to him each
answer so taken down, and correct or add to it until it conforms to
what he declares is the truth.
4. If the witness declines to answer a question, that fact, with
the reason assigned by him for declining, must be stated.
5. If any papers or documents are produced before him, and
proved by the witness, they, or copies of them, must be annexed to
the deposition, subscribed by the witness, and certified by the
commissioner.
6. The commissioner must subscribe his name to each sheet of the
deposition, with the papers and documents proved by the witness, or
copies thereof, to the commissioner, and must close it up under seal
and address it as directed by the endorsement thereon.
7. If there be direction on the commission to return it by mail,
the commissioner must immediately deposit it in the nearest post
office. If any other direction be made by the written consent of the
parties, or by the court or judge, to the commissioner as to its
return, the commissioner must comply with the directions. A copy of
this section must be annexed to the commission.
R.L.1910, § 6043.
§22-789. Delivery of returned commission by agent.
If the commission and return be delivered by the commissioner to
an agent, he must deliver the same to the clerk to whom it is
directed, or to the judge of the court in which the action is
pending, by whom it may be received and opened upon the agent making
affidavit that he received it from the hands of the commissioner, and
that it has not been opened or altered since he received it.
R.L.1910, § 6044.
§22-790. Delivery when agent is incapacitated.
If the agent is dead, or from sickness or other cause is unable
personally to deliver the commission and return as prescribed in the
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last section, it may be received by the clerk or judge from any other
person, upon his making an affidavit that he received it from the
agent, that the agent is dead, or, from sickness or other casualty
unable to deliver it, and it has not been opened or altered since the
person making the affidavit received it, and that he believes it has
not been opened or altered since it came from the hands of the
commissioner.
R.L.1910, § 6045.
§22-791. Filing commission and return.
The clerk or judge receiving and opening the commission and
return must immediately file it, with the affidavit mentioned in the
last two sections, in the office of the clerk of the court in which
the indictment or information is pending. If the commission and
return is transmitted by mail, the clerk to whom it is addressed must
receive it from the post office, and open and file it in his office,
where it must remain unless otherwise directed by the court.
R.L.1910, § 6046.
§22-792. Commission and return open to inspection.
The commission and return must at all times be open to the
inspection of all persons, who must be furnished a copy of the same,
or any part thereof, on payment of his fees.
R.L.1910, § 6047.
§22-793. Reading deposition on trial.
Depositions taken under a commission may be read in evidence by
either party on the trial upon it being shown that the witness is
unable to attend from any cause whatever, and the same objections may
be taken to a question in the interrogatories, or to the answers in
the deposition, as if the witness had been examined orally in court.
R.L.1910, § 6048. R.L.1910, § 6048.
§22-811. Repealed by Laws 1999, 1st Ex.Sess., c. 6, § 3, eff. Nov.
1, 1999.
§22-812. Repealed by Laws 1999, 1st Ex.Sess., c. 6, § 3, eff. Nov.
1, 1999.
§22-812.1. Right to speedy trial – Time limits.
A. If any person charged with a crime and held in jail solely by
reason thereof is not brought to trial within one (1) year after
arrest, the court shall set the case for immediate review as provided
in Section 2 of this act, to determine if the right of the accused to
a speedy trial is being protected.
B. If any person charged with a felony crime who is held to
answer on an appearance bond is not brought to trial within eighteen
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(18) months after arrest, the court shall set the case for immediate
review as provided in Section 2 of this act, to determine if the
right of the accused to a speedy trial is being protected.
C. In the event a mistrial is declared or a conviction is
reversed on appeal, the time limitations provided for in this section
shall commence to run from the date the mistrial is declared or the
date of the mandate of the Court of Criminal Appeals.
Added by Laws 1999, 1st Ex.Sess., c. 6, § 1, eff. Nov. 1, 1999.
§22-812.2. Right to speedy trial – Review process.
A. Whenever the court finds that a case should be reviewed to
determine if the right of an accused to a speedy trial is being
protected, the court shall:
1. Issue notice to the District Attorney, the accused, and the
attorney for the accused that the case will be reviewed by the court
at a date and time which is not less than ten (10) days nor more than
twenty (20) days from the date of the notice. Each party shall have
the opportunity to present evidence or legal authority in support of
its position; and
2. Take evidence from both parties regarding the appropriateness
of the cause for the delay. At the hearing, the court shall consider
whether the delay has occurred for any of the following reasons:
a. the delay is the result of the application of the
accused or an attorney on behalf of the accused,
b. the delay is the result of the fault of the accused or
the attorney for the accused,
c. the accused is incompetent to stand trial,
d. a proceeding to determine the competency of the accused
to stand trial is pending and a determination cannot be
completed within the time limitations fixed for trial,
e. there is material evidence or a material witness which
is unavailable and that reasonable efforts have been
made to procure such evidence or witness, and there are
reasonable grounds to believe that such evidence or
witness can be obtained and trial commenced within a
reasonable time,
f. the accused is charged as a codefendant or coconspirator
and the court has determined that the codefendants or
coconspirators must be tried before separate juries
taken from separate jury panels,
g. the court has other cases pending for trial that are for
persons incarcerated prior to the case in question, and
the court does not have sufficient time to commence the
trial of the case within the time limitation fixed for
trial,
h. the court, state, accused, or the attorney for the
accused is incapable of proceeding to trial due to
0"* "".$! "!.! "4+
illness or other reason and it is unreasonable to
reassign the case, and
i. due to other reasonable grounds the court does not have
sufficient time to commence the trial of the case within
the time limit fixed for trial.
B. If, after hearing all the evidence and the legal arguments
properly submitted, the court finds by a preponderance of the
evidence that the state is not proceeding with due diligence, that
none of the exceptions set out in paragraph 2 of subsection A of this
section justify additional delay and the right of the accused to a
speedy trial has been violated, the court shall dismiss the case.
C. If a preliminary hearing has been held, the case may be
refiled, unless the applicable statute of limitations has expired,
upon a showing of newly discovered evidence which could not have been
discovered prior to trial.
D. If a preliminary hearing has not been held, the case may be
refiled, upon good cause shown, unless any applicable statute of
limitations has expired.
E. If, after hearing all the evidence and the legal arguments
properly submitted, the court finds that the right of the accused to
a speedy trial has not been violated, the court shall set the case
for review in four (4) months. If the case is still pending after
the four-month period, the court shall conduct another review. The
four-month review of pending cases shall be a continuing
responsibility of the court until final disposition of the case.
Added by Laws 1999, 1st Ex.Sess., c. 6, § 2, eff. Nov. 1, 1999.
§22-813. Repealed by Laws 1999, 1st Ex.Sess., c. 6, § 3, eff. Nov.
1, 1999.
§22-814. Effect of dismissing action.
If the court direct the action to be dismissed, the defendant
must, if in custody, be discharged therefrom, or if admitted to bail,
his bail is exonerated, or money deposited instead of bail must be
refunded to him.
R.L.1910, § 6098.
§22-815. Dismissal by court or on district attorney's application.
A. The court may either of its own motion or upon the
application of the district attorney, upon the furtherance of
justice, order an action or indictment to be dismissed; but in that
case the reasons of the dismissal must be set forth in the order,
which must be entered upon the minutes.
B. The district attorney may dismiss an action or indictment by
filing a notice of dismissal at any time prior to commencement of the
preliminary hearing in the case of a felony or, in the case of a
misdemeanor, prior to the matter being set for trial. Any subsequent
0"* "".$! "!.! "4-
request for dismissal of an action or indictment by the district
attorney must be made pursuant to the provisions of subsection A of
this section. A defendant named in such action or indictment shall
only be required to pay the costs of that action if agreed upon by
the parties.
R.L. 1910, § 6099. Amended by Laws 2016, c. 204, § 1, eff. Nov. 1,
2016.
§22-816. Nolle prosequi abolished.
The entry of a nolle prosequi is abolished, and the district
attorney cannot discontinue or abandon a prosecution for a public
offense, except as provided in the last section.
R.L.1910, § 6100.
§22-817. Dismissal not a bar to another prosecution.
An order for the dismissal of the action, as provided in this
article, is not a bar to any other prosecution for the same offense.
R.L.1910, § 6101. R.L.1910, § 6101.
§22-831. Order of trial proceedings.
The jury having been impaneled and sworn, the trial must proceed
in the following order:
1. If the indictment or information is for a felony, the clerk
or district attorney must read it, and state the plea of the
defendant to the jury. In other cases this formality may be
dispensed with.
2. The district attorney, or other counsel for the state, must
open the case and offer the evidence in support of the indictment or
information.
3. The defendant or defendant’s counsel shall give an opening
statement immediately after the opening statement of the district
attorney unless the defendant affirmatively reserves the opening
statement until the district attorney has rested the state’s case.
The defense may offer evidence after the close of the state’s case.
4. The parties may then, respectively, offer rebutting testimony
only, unless the court for good reason, in furtherance of justice, or
to correct an evident oversight, permit them to offer evidence upon
their original case.
5. When the evidence is concluded, the attorneys for the
prosecution may submit to the court written instructions. If the
questions of law involved in the instructions are to be argued, the
court shall direct the jury to withdraw during the argument, and
after the argument, must settle the instructions, and may give or
refuse any instructions asked, or may modify the same as he deems the
law to be. Instructions refused shall be marked in writing by the
judge, if modified, modification shall be shown in the instruction.
When the instructions are thus settled, the jury, if sent out, shall
0"* "".$! "!.! "42
be recalled and the court shall thereupon read the instructions to
the jury.
6. Thereupon, unless the case is submitted to the jury without
argument, the counsel for the state shall commence, and the defendant
or his counsel shall follow, then the counsel for the state shall
conclude the argument to the jury. During the argument the attorneys
shall be permitted to read and comment upon the instructions as
applied to the evidence given, but shall not argue to the jury the
correctness or incorrectness of the propositions of law therein
contained. The court may permit one or more counsel to address the
jury on the same side, and may arrange the order in which they shall
speak, but shall not without the consent of the attorneys limit the
time of their arguments. When the arguments are concluded, if the
court be of the opinion that the jury might be misled by the
arguments of counsel, he may to prevent the same further instruct the
jury. All instructions given shall be in writing unless waived by
both parties, and shall be filed and become a part of the record in
the case.
R.L.1910, § 5870. Amended by Laws 2000, c. 262, § 1, eff. July 1,
2000.
§22-832. Court to decide the law.
The court must decide all questions of law which arise in the
course of the trial.
R.L.1910, § 5871.
§22-833. Province of jury in libel case.
On the trial of an indictment or information for libel, the jury
shall determine the facts under the instructions of the court as in
other cases.
R.L.1910, § 5872.
§22-834. Jury limited to questions of fact.
On the trial of an indictment or information, questions of law
are to be decided by the court, and the questions of fact are to be
decided by the jury; and, although the jury have the power to find a
general verdict, which includes questions of law as well as of fact,
they are bound, nevertheless, to receive the law which is laid down
as such by the court.
R.L.1910, § 5873.
§22-835. Restriction of argument - Number of counsel.
If the indictment or information is for an offense punishable
with death, three counsel on each side may argue the case to the
jury. If it is for any other offense the court may, in its
discretion, restrict the argument to one counsel on each side.
R.L.1910, § 5874.
0"* "".$! "!.! "45
§22-836. Defendant presumed innocent - Reasonable doubt of guilt
requires acquittal.
A defendant in a criminal action is presumed to be innocent until
the contrary is proved, and in case of a reasonable doubt as to
whether his guilt is satisfactorily shown, he is entitled to be
acquitted.
R.L.1910, § 5875.
§22-837. Doubt as to degree of guilt.
When it appears that a defendant has committed a public offense
and there is reasonable ground of doubt in which of two or more
degrees he is guilty, he can be convicted of the lowest of such
degree only.
R.L.1910, § 5877.
§22-839. Discharge of defendant that he may testify for state.
When two or more persons are included in the same indictment or
information, the court may, at any time before the defendants have
gone into their defense, on the application of the district attorney,
direct any defendant to be discharged from the indictment or
information, that he may be compelled to be a witness for the state.
R.L.1910, § 5879.
§22-840. Discharge of defendant that he may testify for codefendant.
When two or more persons are included in the same indictment or
information, and the court is of opinion that in regard to a
particular defendant there is not sufficient evidence to put him on
his defense, it must, before the evidence is closed, in order that he
may be compelled to be a witness for his codefendant, submit its
opinion to the jury, who, if they so find, may acquit the particular
defendant for the purpose aforesaid.
R.L.1910, § 5880.
§22-841. Higher offense than charged, existence of - Jury
discharged.
If it appear by the testimony that the facts proved constitute an
offense of a higher nature than that charged in the indictment or
information, the court may direct the jury to be discharged, and all
proceedings on the indictment or information to be suspended, and may
order the defendant to be committed or continued on, or admitted to
bail, to answer any new indictment or information which may be filed
against him for the higher offense.
R.L.1910, § 5887.
§22-842. Discharge of jury not a former acquittal.
0"* "".$! "!.! "47
If an indictment or information for the higher offense is filed
within a year next thereafter, he must be tried thereon, and a plea
of former acquittal to such last prosecution is not sustained by the
fact of the discharge of the jury on the first indictment or
information.
R.L.1910, § 5888.
§22-843. Trial on original indictment, when.
If a new indictment or information is not filed for a higher
offense within a year, as aforesaid, the court shall again proceed to
try the defendant on the original indictment or information.
R.L.1910, § 5889.
§22-844. Jury may be discharged, when.
The court may direct the jury to be discharged where it appears
that it has not jurisdiction of the offense, or that the facts as
charged in the indictment or information do not constitute an offense
punishable by law.
R.L.1910, § 5890.
§22-845. Disposition of prisoner on discharge of jury.
If the jury is discharged because the court has not jurisdiction
of the offense charged in the indictment or information, and it
appears that it was committed out of the jurisdiction of this state,
the court may order the defendant to be discharged, or to be detained
for a reasonable time specified in the order, until a communication
can be sent by the district attorney to the chief executive officer
of the state, territory or district where the offense was committed.
R.L.1910, § 5891.
§22-846. Disposition of prisoner where jurisdiction in another
county.
If the offense was committed within the exclusive jurisdiction of
another county of this state, the court must direct the defendant to
be committed for such time as it deems reasonable to await a warrant
from the proper county for his arrest, or if the offense be a
misdemeanor only, it may admit him to bail in an undertaking, with
sufficient sureties, that he will, within such time as the court may
appoint, render himself amenable to a warrant for his arrest from the
proper county, and if not sooner arrested thereon, will attend at the
office of the sheriff of the county where the trial was had, at a
time particularly specified in the undertaking, to surrender himself
upon the warrant, if issued, or that his bail will forfeit such sum
as the court may fix, and to be mentioned in the undertaking; and the
clerk must forthwith transmit a certified copy of the indictment or
information, and all the papers in the action filed with him, to the
0"* "".$! "!.! "48
district attorney of the proper county, the expense of which
transmission is chargeable to the county.
R.L.1910, § 5892.
§22-847. Disposition of prisoner where defendant not arrested on
warrant from proper county.
If the defendant is not arrested on a warrant from the proper
county, he must be discharged from custody, or his bail in the action
be exonerated, or money deposited instead of bail refunded, as the
case may be, and the sureties in the undertaking as mentioned in the
last section, must be discharged.
R.L.1910, § 5893.
§22-848. Disposition of prisoner - Proceedings if arrested.
If he is arrested, the same proceedings must be had thereon as
upon the arrest of a defendant in another county, on a warrant of
arrest issued by a magistrate.
R.L.1910, § 5894.
§22-849. Duty of court where no offense charged.
If the jury be discharged because the facts as charged do not
constitute an offense punishable by law, the court must order that
the defendant, if in custody, be discharged therefrom, or, if
admitted to bail, that the bail be exonerated, or if he have
deposited money instead of bail, that the money deposited be refunded
to him unless in its opinion a new indictment or information can be
framed, upon which the defendant can be legally convicted, in which
case it may direct that the case be resubmitted to the same or
another grand jury, or a new information filed.
R.L.1910, § 5895.
§22-850. Court may advise jury to acquit.
If, at any time after the evidence on either side is closed, the
court deem it insufficient to warrant a conviction, it may advise the
jury to acquit the defendant. But the jury are not bound by the
advice, nor can the court, for any cause, prevent the jury from
giving a verdict.
R.L.1910, § 5896. R.L.1910, § 5896.
§22-851. Jury may view place - Custody of sworn officer.
When, in the opinion of the court, it is proper that the jury
should view the place in which the offense was charged to have been
committed, or in which any other material fact occurred, it may order
the jury to be conducted in a body, in the custody of proper
officers, to the place, which must be shown to them by a person
appointed by the court for that purpose, and the officers must be
sworn to suffer no person to speak to or communicate with the jury,
0"* "".$! "!.! "49
nor to do so themselves, on any subject connected with the trial, and
to return them into court without unnecessary delay, or at a
specified time.
R.L.1910, § 5897.
§22-852. Juror must declare knowledge of case.
If a juror have any personal knowledge respecting a fact in
controversy in a cause he must declare it in open court during the
trial. If, during the retirement of a jury, a juror declare a fact,
which could be evidence in the cause, as of his own knowledge, the
jury must return into court. In either of these cases, the juror
making the statement must be sworn as a witness and examined in the
presence of the parties.
R.L.1910, § 5898.
§22-853. Custody and conduct of jury before submission - Separation
- Sworn officer.
The jurors sworn to try an indictment or information, may, at any
time before the submission of the cause to the jury, in the
discretion of the court, be permitted to separate, or to be kept in
charge of proper officers. The officers must be sworn to keep the
jurors together until the next meeting of the court, to suffer no
person to speak to or communicate with them, nor to do so themselves,
on any subject connected with the trial, and to return them into
court at the next meeting thereof. Such officer or officers having
once been duly sworn, it is not necessary that they be resworn at
each recess or adjournment. An admonition to the officer and the
jury shall be sufficient.
R.L.1910, § 5899. Amended by Laws 1945, p. 97, § 1.
§22-853.1. Jurors - Protective orders.
The court, for good cause shown, upon motion of either party or
any affected person or upon its own initiative, may issue a
protective order for a stated period regulating disclosure of the
identity and the business or residential address of any prospective
or sworn juror to any person or persons, other than to counsel for
either party. Such good cause shall exist in civil or criminal
proceedings where the court determines that there is a likelihood of
bribery, jury tampering, or of physical injury or harassment of the
juror.
Added by Laws 1991, c. 33, § 1, eff. Sept. 1, 1991.
§22-854. Court must admonish jury as to conduct.
The jury must also, at each adjournment of the court, whether
permitted to separate or kept in charge of officers, be admonished by
the court that it is their duty not to converse among themselves or
with any one else on any subject connected with the trial, or to form
0"* "".$! "!.! "4:
or express any opinion thereon, until the case is finally submitted
to them.
R.L.1910, § 5900.
§22-855. Sickness or death of juror - New juror sworn.
If, before the conclusion of a trial, a juror becomes sick, so as
to be unable to perform his duty, the court may order him to be
discharged. In that case or in the event of the death of a juror a
new juror may be sworn, and the trial begin anew, or the jury may be
discharged, and a new jury then or afterwards impaneled.
R.L.1910, § 5901. Amended by Laws 1941, p. 88, § 1.
§22-856. Requisites of charge of court - Presentation of written
charge - Request to charge - Endorsement of disposition on charge
presented - Partial refusal.
In charging the jury, the court must state to them all matters of
law which it thinks necessary for their information in giving their
verdict, and if it state the testimony of the case, it must in
addition inform the jury that they are the exclusive judges of all
questions of fact. Either party may present to the court any written
charge and request that it be given. If the court thinks it correct
and pertinent, it must be given; if not, it must be refused. Upon
each charge presented and given or refused the court must endorse or
sign its decision. If part of any written charge be given and part
refused the court must distinguish, showing by the endorsement or
answer what part of each charge was given and what part refused.
R.L. 1910, § 5905.
§22-857. Jury after the charge.
After hearing the charge, the jury may either decide in court, or
may retire for deliberation. If they do not agree without retiring,
one or more officers must be sworn to keep them together in some
private and convenient place, and not to permit any person to speak
to or communicate with them, nor do so themselves, unless it be by
order of the court, or to ask them whether they have agreed upon a
verdict, and to return them into court when they have so agreed, or
when ordered by the court.
R.L. 1910, § 5906. Amended by Laws 1997, c. 133, § 17, eff. July 1,
1999; Laws 1998, 1st Ex.Sess., c. 2, § 13, emerg. eff. June 19, 1998;
Laws 1999, 1st Ex.Sess., c. 5, § 8, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 17 from July 1, 1998, to July 1, 1999.
§22-858. Defendant admitted to bail may be committed during trial.
When a defendant who has given bail appears for trial, the court
may, in its discretion, at any time after his appearance for trial
order him to be committed to the custody of the proper officer of the
0"* "".$! "!.! "4
county to abide the judgment or further order of the court, and he
must be committed and held in custody accordingly.
R.L.1910, § 5907.
§22-859. Substitute for district attorney failing or unable to
attend trial or disqualified.
If the district attorney fails, or is unable to attend at the
trial or is disqualified, the court must appoint some attorney at law
to perform the duties of the district attorney on such trial.
R.L.1910, § 5908.
§22-860. Repealed by Laws 1998, c. 133, § 603, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
§22-860.1. Second or subsequent offenses – Trial procedure.
In all cases in which the defendant is prosecuted for a second or
subsequent offense, except in those cases in which former conviction
is an element of the offense, the procedure shall be as follows:
1. The trial shall proceed initially as though the offense
charged was the first offense; when the indictment or information is
read all reference to prior offenses shall be omitted; during the
trial of the case no reference shall be made nor evidence received of
prior offenses except as permitted by the rules of evidence; the
judge shall instruct the jury only on the offense charged; the jury
shall be further instructed to determine only the guilt or innocence
on the offense charged, and that punishment at this time shall not be
determined by the jury; and
2. If the verdict be guilty of the offense charged, that portion
of the indictment or information relating to prior offenses shall be
read to the jury and evidence of prior offenses shall be received.
The court shall then instruct the jury on the law relating to second
and subsequent offenses, and the jury shall then retire to determine
the fact of former conviction, and the punishment, as in other cases.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 438, eff. July 1, 1999.
§22-861. Formal exceptions to rulings or orders unnecessary.
Formal exceptions to rulings or orders of the court in criminal
proceedings shall not be necessary but for all purposes for which an
exception has heretofore been necessary at the trial of a cause it
shall be sufficient that a party, at the time the ruling or order of
the court has been made or sought, makes known to the court the
action which he desires the court to take or his objection to the
action of the court with his general grounds therefor.
Laws 1971, c. 144, § 1, eff. Oct. 1, 1971.
§22-891. Jury room - Expenses of providing, a county charge.
0"* "".$! "!.! "4
A room must be provided by the board of commissioners of a county
for the use of the jury, upon their retirement for deliberation, with
suitable furniture, fuel, lights and stationery. If the commissioners
neglect, the court may order the sheriff to do so, and the expenses
incurred by him in carrying the order into effect, when certified by
the court, are a county charge.
R.L.1910; § 5910. R.L.1910, § 5912.
§22-893. Jury may have written instructions, forms of verdict and
documents injury room - Copies of public or private documents.
On retiring for deliberation the jury may take with them the
written instructions given by the court; the forms of verdict
approved by the court, and all papers which have been received as
evidence in the cause, except that they shall take copies of such
parts of public records or private documents as ought not, in the
opinion of the court, to be taken from the person having them in
possession.
R.L.1910, § 5912.
§22-894. Jury brought into court for information - Presence of, or
notice to, parties.
After the jury have retired for deliberation, if there be a
disagreement between them as to any part of the testimony or if they
desire to be informed on a point of law arising in the cause, they
must require the officer to conduct them into court. Upon their
being brought into court, the information required must be given in
the presence of, or after notice to the district attorney and the
defendant or his counsel, or after they have been called.
R.L.1910, § 5913.
§22-895. Illness of juror after retirement - Accident or cause
preventing keeping together - Discharge.
If, after the retirement of the jury, one of them become so sick
as to prevent the continuance of his duty, or any other accident or
cause occur to prevent their being kept together for deliberation,
the jury may be discharged.
R.L.1910, § 5914. R.L.1910, § 5914.
§22-896. Discharge after agreement on verdict or showing of
inability to agree.
Except as provided in the last section, the jury cannot be
discharged after the cause is submitted to them until they have
agreed upon their verdict, and rendered it in open court, unless by
the consent of both parties entered upon the minutes, or unless at
the expiration of such time as the court deems proper, it
satisfactorily appear that there is no reasonable probability that
the jury can agree.
0"* "".$! "!.! "4+
R.L.1910, § 5915.
§22-897. Retrial after discharge at same or other term.
In all cases where a jury are discharged or prevented from giving
a verdict, by reason of an accident or other cause, except where the
defendant is discharged from the indictment or information during the
progress of the trial, or after the cause is submitted to them, the
cause may be again tried at the same or another term, as the court
may direct.
R.L.1910, § 5916.
§22-898. Court during jury's retirement - Sealed verdicts - Final
adjournment for term discharges jury.
While the jury are absent the court may adjourn from time to time
as to other business, but it is nevertheless deemed open for any
purpose connected with the cause submitted to them until verdict is
rendered or the jury discharged. If the jury agree on a verdict
during a temporary adjournment or recess of the court, they may, upon
the direction of the court, sign the verdict by their foreman,
securely seal the same in an envelope, and deliver the same to the
foreman, when they may separate until the next convening of the
court, at which time they shall reassemble in the jury room and
return their verdict in open court, when the same proceedings shall
be had as in case of other verdicts. A final adjournment of the
court for the term discharges the jury.
R.L.1910, § 5917.
§22-911. Return of jury into court upon agreement - Discharge on
failure of some jurors to appear.
When the jury have agreed upon their verdict, they may be
conducted into court by the officer having them in charge. Their
names must then be called, and if all do not appear, the rest must be
discharged without giving a verdict. In that case the cause must be
again tried, at the same or another term.
R.L.1910, § 5918.
§22-912. Presence of defendant required in felony cases when verdict
received - Discretionary in misdemeanor cases.
If the indictment or information is for a felony, the defendant
must, before the verdict is received, appear in person. If it is for
a misdemeanor, the verdict may, in the discretion of the court, be
rendered in his absence.
R.L.1910, § 5919.
§22-913. Proceedings when jury appear.
When the jury appear, they must be asked, by the court or the
clerk, whether they have agreed upon their verdict, and if the
0"* "".$! "!.! "4-
foreman answers in the affirmative, they must, on being required,
declare the same.
R.L.1910, § 5920.
§22-914. Form of verdict.
A general verdict upon a plea of not guilty, is either "guilty",
or "not guilty", which imports a conviction or acquittal of the
offense charged. Upon a plea of a former conviction or acquittal of
the same offense, it is either "for the state", or "for the
defendant". When the defendant is acquitted on the ground that he
was insane at the time of the commission of the act charged, the
verdict must be "not guilty by reason of insanity". When the
defendant is acquitted on the ground of variance between the charge
and the proof, the verdict must be "not guilty by reason of variance
between charge and proof".
R.L.1910, § 5921.
§22-915. Degree of crime must be found.
Whenever a crime is distinguished into degrees, the jury, if they
convict the defendant, must find the degree of the crime of which he
is guilty.
R.L.1910, § 5922.
§22-916. Included offense or attempt may be found.
The jury may find the defendant guilty of any offense, the
commission of which is necessarily included in that with which he is
charged, or of an attempt to commit the offense.
R.L.1910, § 5923.
§22-917. Several defendants - Verdict as to part - Retrial as to
defendants not agreed on.
On an indictment or information against several, if the jury
cannot agree upon a verdict as to all, they may render a verdict as
to those in regard to whom they do agree, on which a judgment must be
entered accordingly, and the case as to the rest may be tried by
another jury.
R.L.1910, § 5924.
§22-918. Jury may reconsider verdict of conviction for mistake of
law - Return of same verdict.
When there is a verdict of conviction in which it appears to the
court that the jury have mistaken the law, the court may explain the
reason for that opinion, and direct the jury to reconsider their
verdict, and if, after the reconsideration, they return the same
verdict, it must be entered. But when there is a verdict of
acquittal, the court cannot require the jury to reconsider it.
R.L.1910, § 5925.
0"* "".$! "!.! "42
§22-919. Informal verdict to be reconsidered.
If the jury render a verdict not in form, the court may, with
proper instructions as to the law, direct them to reconsider it, and
it cannot be recorded until it be rendered in some form from which it
can be clearly understood what is the intent of the jury.
R.L.1910, § 5926.
§22-920. Judgment when jury persist in informal verdict.
If the jury persist in finding an informal verdict, from which,
however, it can be clearly understood that their intention is to find
in favor of the defendant upon the issue, it must be entered in the
terms in which it is found, and the court must give judgment of
acquittal. But no judgment of conviction can be given unless the
jury expressly find against the defendant, upon the issue, or
judgment be given against him on a special verdict.
R.L.1910, § 5927.
§22-921. Polling jury.
When a verdict is rendered, and before it is recorded, the jury
may be polled on the requirement of either party, in which case they
must be severally asked whether it is their verdict, and if any one
answer in the negative, the jury must be sent out for further
deliberation.
R.L.1910, § 5928.
§22-922. Recording and reading verdict - Disagreement of jurors
entered upon minutes - Discharge if no disagreement.
When the verdict is given, and is such as the court may receive,
the clerk must immediately record it in full upon the minutes, and
the judge or the clerk must read it to the jury and inquire of them
whether it is their verdict. If any juror disagree, the fact must be
entered upon the minutes, and the jury again sent out; but if no
disagreement is expressed, the verdict is complete, and the jury must
be discharged from the case.
Amended by Laws 1985, c. 119, § 1, eff. Nov. 1, 1985.
§22-923. Defendant discharged on acquittal - Variance resulting in
acquittal may authorize new charges.
If a judgment of acquittal is given on a general verdict, and the
defendant is not detained for any other legal cause, he must be
discharged as soon as judgment is given, except that when the
acquittal is for a variance between the proof and the indictment or
information which may be obviated by a new indictment or information
the court may order his detention to the end that a new indictment or
information may be preferred in the same manner and with like effect
as provided in cases where the jury is discharged.
0"* "".$! "!.! "45
R.L.1910, § 5930.
§22-924. Commitment upon conviction.
If a general verdict is rendered against the defendant he must be
remanded if in custody, or if on bail he may be committed to the
proper officer of the county to await the judgment of the court upon
the verdict. When committed his bail is exonerated, or if money is
deposited instead of bail it must be refunded to the defendant.
R.L.1910, § 5931.
§22-925. Claim of insanity - Duty of court and jury - Commitment to
institution.
When it is contended on behalf of the defendant in any criminal
prosecution that such defendant is at the time of the trial a person
who is impaired by reason of mental retardation, a mentally ill
person, an insane person, or a person of unsound mind, the court
shall submit to the jury a proper form of verdict, and if the jury
finds the defendant not guilty on account of such insanity, mental
illness, or unsoundness of mind, they shall so state in their
verdict, and the court shall thereupon order the defendant committed
to the state hospital for the mentally ill, or other state
institution provided for the care and treatment of cases such as the
one before the court, until the sanity and soundness of mind of the
defendant be judicially determined, and such person be discharged
from the institution according to law.
R.L. 1910, § 5932. Amended by Laws 1998, c. 246, § 14, eff. Nov. 1,
1998.
§22-926. Repealed by Laws 1998, c. 133, § 603, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
§22-926.1. Assessment of punishment by jury.
In all cases of a verdict of conviction for any offense against
any of the laws of the State of Oklahoma, the jury may, and shall
upon the request of the defendant assess and declare the punishment
in their verdict within the limitations fixed by law, and the court
shall render a judgment according to such verdict, except as
hereinafter provided.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 439, eff. July 1, 1999.
§22-927. Repealed by Laws 1998, c. 133, § 603, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
§22-927.1. Punishment assessed by court.
0"* "".$! "!.! "47
Where the jury finds a verdict of guilty, and fails to agree on
the punishment to be inflicted, or does not declare such punishment
by their verdict, the court shall assess and declare the punishment
and render the judgment accordingly.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 440, eff. July 1, 1999.
§22-928. Repealed by Laws 1998, c. 133, § 603, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
§22-928.1. Excess punishment to be disregarded by court.
If the jury assesses a punishment, whether of imprisonment or
fine, greater than the highest limit declared by law for the offense
of which they convict the defendant, the court shall disregard the
excess and pronounce sentence and render judgment according to the
highest limit prescribed by law in the particular case.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 441, eff. July 1, 1999.
§22-929. Remand for vacation of sentence - New sentencing proceeding
- Construction of section.
A. Upon any appeal of a conviction by the defendant in a
noncapital criminal case, the appellate court, if it finds
prejudicial error in the sentencing proceeding only, may set aside
the sentence rendered and remand the case to the trial court in the
jurisdiction in which the defendant was originally sentenced for
resentencing. No error in the sentencing proceeding shall result in
the reversal of the conviction in a criminal case unless the error
directly affected the determination of guilt.
B. When a criminal case is remanded for vacation of a sentence,
the court may:
1. Set the case for a nonjury sentencing proceeding; or
2. If the defendant or the prosecutor so requests in writing,
impanel a new sentencing jury.
C. If a written request for a jury trial is filed within twenty
(20) days of the date of the appellate court order, the trial court
shall impanel a new jury for the purpose of conducting a new
sentencing proceeding.
1. All exhibits and a transcript of all testimony and other
evidence properly admitted in the prior trial and sentencing shall be
admissible in the new sentencing proceeding. Additional relevant
evidence may be admitted including testimony of witnesses who
testified at the previous trial.
2. The provisions of this section are procedural and shall apply
retroactively to any defendant sentenced in this state.
D. This section shall not be construed to amend or be in
conflict with the provisions of Section 701.10 or 701.10a of Title 21
of the Oklahoma Statutes relating to sentencing and resentencing in
0"* "".$! "!.! "48
death penalty cases; Section 438 of this act relating to the trial
procedure for defendants prosecuted for second or subsequent offense;
or the provisions of Sections 439 and 440 of this act relating to
assessment of punishment in the original trial proceedings.
Added by Laws 1990, c. 261, § 1, emerg. eff. May 24, 1990. Amended
by Laws 1997, c. 133, § 18, eff. July 1, 1999; Laws 1999, 1st
Ex.Sess., c. 5, § 9, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 18 from July 1, 1998, to July 1, 1999.
§22-951. New trial defined - Proceedings on new trial - Former
verdict no bar - Capital cases.
A. A new trial is a reexamination of the issue in the same
court, before another jury, after a verdict has been given. The
granting of a new trial places the parties in the same position as if
no trial had been had. All the testimony must be produced anew
except of witnesses who are absent from the state or dead, in which
event the evidence of such witnesses on the former trial may be
presented; and the former verdict cannot be used or referred to
either in evidence or in argument, or be pleaded in bar of any
conviction which might have been had under the indictment or
information.
B. In capital cases, when an appeal has been taken and the cause
has been remanded for a new trial, the court shall proceed as
provided in subsection A of this section.
C. In capital cases, when an appeal has been taken and the cause
has been remanded for resentencing, the prosecutor and court shall
proceed as provided in Section 3 of this act.
R.L.1910, § 5936.
§22-952. Grounds for new trial - Affidavits and testimony.
A court in which a trial has been had upon an issue of fact has
power to grant a new trial when a verdict has been rendered against a
defendant by which his substantial rights have been prejudiced, upon
his application in the following cases only:
First. When the trial has been in his absence, if the charge is
for a felony.
Second. When the jury have received any evidence out of court,
other than that resulting from a view of the premises.
Third. When the jury have separated without leave of the court,
after retiring to deliberate on their verdict, and before delivering
or sealing the same, if it be sealed, or have been guilty of any
misconduct by which a fair and due consideration of the case has been
prevented.
Fourth. When the verdict has been decided by lot, or by any
means other than a fair expression of opinion on the part of the
jury.
0"* "".$! "!.! "49
Fifth. When the court has misdirected the jury in a matter of
law, or has erred in the decision of any question of law arising
during the course of the trial.
Sixth. When the verdict is contrary to law or evidence.
Seventh. When new evidence is discovered, material to the
defendant, and which he could not with reasonable diligence have
discovered before the trial, or when it can be shown that the grand
jury was not drawn summoned or impaneled as provided by law, and that
the facts in relation thereto were unknown to the defendant or his
attorney until after the trial jury in the case was sworn and were
not of record. When a motion for a new trial is made on the ground
of newly discovered evidence, the defendant must produce at the
hearing in support thereof affidavits of witnesses, or he may take
testimony in support thereof as provided in Section 5781, and if time
is required by the defendant to procure such affidavits or testimony,
the court may postpone the hearing of the motion for such length of
time as under all the circumstances of the case may seem reasonable.
The application for a new trial on the ground that the grand jury was
not drawn summoned or impaneled as provided by law may be shown in
like manner.
R.L.1910, § 5937.
§22-953. Time for applying for new trial - Limitations.
The application for a new trial must be made before judgment is
entered; but the court or judge thereof may for good cause shown
allow such application to be made at any time within thirty (30) days
after the rendition of the judgment. A motion for a new trial on the
ground of newly discovered evidence may be made within three (3)
months after such evidence is discovered but no such motion may be
filed more than one (1) year after judgment is rendered, and if on
the ground that the grand jury was not properly drawn or impaneled
then the motion must be made within thirty (30) days after the
judgment is rendered.
R.L.1910, § 5938; Laws 1969, c. 117, § 1, emerg. eff. April 3, 1969.
§22-954. Motion in arrest of judgment - Definition - Grounds - Time
for.
A motion in arrest of judgment is an application on the part of
the defendant that no judgment be rendered on plea or verdict of
guilty, or on a verdict against the defendant on a plea of former
conviction or acquittal. It may be founded on any of the defects in
the indictment or information mentioned as grounds of demurrer unless
such objection has been waived by a failure to demur, and must be
before or at the time the defendant is called for judgment.
R.L.1910, § 5939.
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§22-955. Court may arrest on its own motion - Effect of allowing
motion.
The court may also on its own view of any of these defects,
arrest the judgment without motion. The effect of allowing a motion
in arrest of judgment is to place the defendant in the same situation
in which he was before the indictment or information was filed, and
in no case of arrest of judgment is the verdict a bar to another
prosecution.
R.L.1910, § 5940.
§22-956. Proceedings after motion for arrest of judgment sustained.
If, from the evidence on the trial, there is reasonable ground to
believe the defendant guilty, and a new indictment can be framed upon
which he may be convicted, the court may order him to be recommitted
to the officer of the proper county, or admitted to bail anew to
answer the new indictment or information. If the evidence shows him
guilty of another offense, he must be committed or held thereon; but
if no evidence appears sufficient to charge him with any offense, he
must, if in custody, be discharged, or, if admitted to bail, his bail
is exonerated, or if money has been deposited instead of bail, it
must be refunded to the defendant, and the arrest of judgment
operates as an acquittal of the charge upon which the indictment or
information was founded.
R.L.1910, § 5941. R.L.1910, § 5941.
§22-961. Court appoints time for pronouncing judgment.
After a plea or verdict of guilty, or after a verdict against the
defendant on a plea of a former conviction or acquittal, if the
judgment is not arrested or a new trial granted, the court must
appoint a time for pronouncing judgment.
R.L.1910, § 5942.
§22-962. Time for pronouncing verdict specified.
The time appointed must be at least two (2) days after the
verdict, if the court intend to remain in session so long; or, if
not, at as remote a time as can reasonably be allowed.
R.L.1910, § 5943.
§22-963. Defendant may be absent, when.
For the purpose of judgment, if the conviction is for misdemeanor
judgment may be pronounced in the defendant's absence, unless such
defendant is represented by an attorney of record, in which event,
said attorney must be present unless said attorney waives appearance
in writing or unless the said attorney has been notified of the time
and date of imposition of judgment and fails to appear.
R.L.1910, § 5944; Laws 1968, c. 202, § 1, emerg. eff. April 19, 1968.
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§22-964. Officer may be directed to produce prisoner.
When the defendant is in custody, the court may direct the
officer in whose custody he is to bring him before it for judgment,
and the officer must do so accordingly.
R.L.1910, § 5945.
§22-965. Warrant for defendant not appearing - Forfeiture of bond or
bail money.
If the defendant has been discharged on bail, or has deposited
money instead thereof, and does not appear for judgment when his
personal attendance is necessary, the court, in addition to the
forfeiture of the undertaking of bail or of money deposited, may
direct the clerk to issue a bench warrant for his arrest.
R.L.1910, § 5946. 0
§22-966. Clerk to issue bench warrant - Several counties.
The clerk, on the application of the district attorney, may,
accordingly, at any time after the order, whether the court be
sitting or not, issue a bench warrant into one or more counties.
R.L.1910, § 5947.
§22-966A. Bench warrant, fee for issuance of.
For the issuance of each bench warrant for a defendant's failure
to pay court costs, fines, fees, or assessments in felony,
misdemeanor, or traffic cases, the court clerk shall charge and
collect a fee of Five Dollars ($5.00). The fee shall be included in
the execution bond amount on the face of the bench warrant which is
issued for the defendant's failure to pay and shall be in addition to
the delinquent amount owed by the defendant. This fee shall be
deposited in the court clerk's revolving fund pursuant to the
provisions of Section 220 of Title 19 of the Oklahoma Statutes.
Added by Laws 1995, c. 132, § 2, eff. Nov. 1, 1995.
§22-967. Form of bench warrant.
The bench warrant must be substantially in the following form:
County of ......................
State of Oklahoma.
To any sheriff, constable, marshal or policeman in this state:
A B having been, on the ........ day of ......... A. D., 19....,
duly convicted in the ......... court of the county of ........ of
the crime of (designating it generally), you are therefore commanded
forthwith to arrest the above-named A B and bring him before that
court for judgment, or if the court has adjourned for the term, you
are to deliver him into the custody of the sheriff of the county
of ........ (as the case may be).
Given under my hand, with the seal of said court affixed,
this ...... day of ........ A. D., 19....
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By order of the court.
(Seal). E.F., Clerk.
R.L.1910, § 5948.
§22-968. Service of bench warrant, mode of.
The bench warrant may be served in any county, in the same manner
as a warrant of arrest, except that when served in another county, it
need not be endorsed by a magistrate of that county.
R.L.1910, § 5949.
§22-969. Defendant to be arrested.
Whether the bench warrant is served in the county in which it was
issued or in another county, the officer must arrest the defendant
and bring him before the court, or commit him to the officer
mentioned in the warrant, according to the command thereof.
R.L.1910, § 5950.
§22-970. Defendant informed of proceedings.
When the defendant appears for judgment, he must be informed by
the court, or by the clerk under its direction, of the nature of the
indictment or information, and his plea and the verdict, if any
thereon, and must be asked whether he has any legal cause to show why
judgment should not be pronounced against him.
R.L.1910, § 5951.
§22-971. Defendant may show cause against judgment - Grounds -
Proceedings.
The defendant may show for cause against the judgment:
1. That the defendant is insane; and if, in the opinion of the
court, there is reasonable ground for believing the defendant to be
insane, the question of the defendant's insanity must be tried as
hereinafter in this chapter. If upon the trial of that question the
jury finds that the defendant is sane, judgment must be pronounced.
If the jury finds the defendant insane, the defendant may be
committed to one of the state institutions or hospitals for the
mentally ill, until the defendant becomes sane, or be otherwise
committed according to law. When notice is given of that fact, as
hereinafter provided, the defendant must be brought before the court
for judgment.
2. That the defendant has good cause to offer, either in arrest
of judgment, or for a new trial, in which case the court may order
the judgment to be deferred, and proceed to decide upon the motion in
arrest of judgment, or for a new trial.
R.L. 1910, § 5932. Amended by Laws 1998, c. 246, § 15, eff. Nov. 1,
1998.
§22-972. Rendition of judgment where cause against it not shown.
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If no sufficient cause be alleged or appear to the court why
judgment should not be pronounced it must thereupon be rendered.
R.L.1910, § 5953.
§22-973. Court may hear further evidence, when.
After a plea or verdict of guilty in a case where the extent of
the punishment is left with the court, the court, upon the suggestion
of either party that there are circumstances which may be properly
taken into view, either in aggravation or mitigation of the
punishment, may in its discretion hear the same summarily at a
specified time and upon such notice to the adverse party as it may
direct.
R.L.1910, § 5954.
§22-973a. Mitigating factor for veterans – PTSD.
A. When making a sentencing decision concerning a person who is
a veteran, the court may consider as a mitigating factor that the
person has been diagnosed as suffering from posttraumatic stress
disorder resulting from his or her military service.
B. The defendant shall provide to the court documentary evidence
that the defendant:
1. Has served in the Armed Forces of the United States of
America in a combat zone, as defined in Section 112 of the Federal
Internal Revenue Code of 1986. Proof of such service shall consist
of a certification by the Director of the Department of Veterans
Affairs; and
2. Has been diagnosed with a posttraumatic stress disorder
connected to his or her service in the Armed Forces of the United
States of America.
C. As used in this section, "posttraumatic stress disorder"
means the same as such term is defined in the Diagnostic and
Statistical Manual of Mental Disorders, Fifth Edition (DSM-5, 2013),
and occurred as a result of events during the service of the
defendant in one or more combat zones.
Added by Laws 2016, c. 197, § 1, eff. Nov. 1, 2016.
§22-974. Testimony - How presented - Deposition of sick or infirm
witness.
The circumstances must be presented by the testimony of witnesses
examined in open court, except that when a witness is so sick or
infirm as to be unable to attend, his deposition may be taken by a
magistrate of the county out of court, at a specified time and place,
upon such notice to the adverse party as the court may direct.
R.L.1910, § 5955.
§22-975. Other evidence in aggravation or mitigation of punishment
prohibited.
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No affidavit or testimony, or representation of any kind, verbal
or written, can be offered to or received by the court or member
thereof in aggravation or mitigation of the punishment, except as
provided in the last two sections.
R.L.1910, § 5956.
§22-976. Concurrent sentences.
If the defendant has been convicted of two or more offenses,
before judgment on either, the judgment may be that the imprisonment
upon any one may commence at the expiration of the imprisonment upon
any other of the offenses. Provided, that the sentencing judge
shall, at all times, have the discretion to enter a sentence
concurrent with any other sentence.
R.L. 1910, § 5957. Amended by Laws 1985, c. 20, § 2, eff. Nov. 1,
1985; Laws 1997, c. 133, § 68, eff. July 1, 1999; Laws 1999, 1st
Ex.Sess., c. 5, § 19, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 68 from July 1, 1998, to July 1, 1999.
§22-977. Entry of judgment of conviction - Papers to be filed by
clerk - Obtaining date of birth and social security number of
defendant.
A. When judgment upon a conviction is rendered, the clerk must
enter the same upon the minutes, stating briefly the offense for
which the conviction has been had, and must immediately annex
together and file the following papers, which constitute a record of
the action:
1. The indictment and a copy of the minutes of the plea or
demurrer;
2. A copy of the minutes of the trial;
3. The charges given or refused, and the endorsements, if any,
thereon; and
4. A copy of the judgment, which shall include a notation of the
month and year of birth date of the defendant and the last four
digits of the Social Security number of the defendant. The judgment
shall also contain the statutory reference to the felony crime the
defendant was convicted of and the date of the offense.
B. The court shall obtain the month and year of birth date of
the defendant and the last four digits of the Social Security number
of the defendant.
R.L. 1910, § 5960. Amended by Laws 1993, c. 202, § 1, eff. Sept. 1,
1993; Laws 2003, c. 294, § 1, eff. Nov. 1, 2003; Laws 2016, c. 348, §
4, eff. Nov. 1, 2016; Laws 2018, c. 173, § 1.
§22-978. Certified copy of judgment furnished to officer - Officer
authorized to execute judgment except of death.
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When a judgment, except of death, has been pronounced, a
certified copy of the entry thereof, upon the minutes, must be
forthwith furnished to the officer, whose duty it is to execute the
judgment, and no other warrant or authority is necessary to justify
or require its execution.
R.L.1910, § 5961.
§22-979. Execution of judgment by sheriff in certain cases -
Delivery to proper officer in other cases.
When the judgment is imprisonment in a county jail, or a fine,
and that the defendant be imprisoned until it be paid, the judgment
must be executed by the sheriff of the county or subdivision. In all
other cases when the sentence is imprisonment, the sheriff of the
county must deliver the defendant to the proper officer, in execution
of the judgment.
R.L.1910, § 5964.
§22-979a. Payment of jail costs by inmate.
A. The court shall require a person who is actually received
into custody at a jail facility or who is confined in a city or
county jail or holding facility, for any offense, to pay the jail
facility or holding facility the costs of incarceration, both before
and after conviction, upon conviction or receiving a deferred
sentence. The costs of incarceration shall be collected by the clerk
of the court as provided for collection of other costs and fines,
which shall be subject to review under the procedures set forth in
Section VIII of the Rules of the Oklahoma Court of Criminal Appeals,
Chapter 18, Appendix of this title. Costs of incarceration shall
include booking, receiving and processing out, housing, food,
clothing, medical care, dental care, and psychiatric services. The
costs for incarceration shall be an amount equal to the actual cost
of the services and shall be determined by the chief of police for
city jails and holding facilities, by the county sheriff for county
jails or by contract amount, if applicable. In the event a person
requires emergency medical treatment for an injury or condition that
threatens life or threatens the loss or use of a limb prior to being
actually received into the custody of any jail facility, the
provisions of Section 533 of Title 21 of the Oklahoma Statutes shall
apply to taking custody, medical care and cost responsibility. The
cost of incarceration shall be paid by the court clerk, when
collected, to the municipality, holding facility, county or other
public entity responsible for the operation of such facility where
the person was held at any time. Except for medical costs, ten
percent (10%) of any amount collected by the court clerk shall be
paid to the municipal attorney’s or district attorney’s office, and
the remaining amount shall be paid to the municipality, the sheriff’s
service fee account or, if the sheriff does not operate the jail
0"* "".$! "!.! "4+5
facility, the remaining amount shall be deposited with the public
entity responsible for the operation of the jail facility where the
person was held at any time. The court shall order the defendant to
reimburse all actual costs of incarceration, upon conviction or upon
entry of a deferred judgment and sentence unless the defendant is a
mentally ill person as defined by Section 1-103 of Title 43A of the
Oklahoma Statutes. The sheriff shall give notice to the defendant of
the actual costs owed before any court-ordered costs are collected.
The defendant shall have an opportunity to object to the amount of
costs solely on the grounds that the number of days served is
incorrect. If no objection is made, the costs may be collected in
the amount stated in the notice to the defendant. The sheriff,
municipality or other public entity responsible for the operation of
the jail may collect costs of incarceration ordered by the court from
the jail account of the inmate. If the funds collected from the jail
account of the inmate are insufficient to satisfy the actual
incarceration costs ordered by the court, the sheriff, municipality
or other public entity responsible for the operation of the jail is
authorized to collect the remaining balance of the incarceration
costs by civil action. When the sheriff, municipality or other
public entity responsible for the operation of the jail collects any
court-ordered incarceration costs from the jail account of the inmate
or by criminal or civil action, the court clerk shall be notified of
the amount collected.
B. Except as may otherwise be provided in Section 533 of Title
21 of the Oklahoma Statutes, any offender receiving routine or
emergency medical services or medications or injured during the
commission of a felony or misdemeanor offense and administered any
medical care shall be required to reimburse the sheriff, municipality
or other public entity responsible for the operation of the jail, the
full amount paid by the sheriff, municipality or other public entity
responsible for the operation of the jail for any medical care or
treatment administered to such offender during any period of
incarceration or when the person was actually received into custody
for any reason in that jail facility. The sheriff, municipality or
other public entity responsible for the operation of the jail may
deduct the costs of medical care and treatment as authorized by
Section 531 of Title 19 of the Oklahoma Statutes. If the funds
collected from the jail account of the inmate are insufficient to
satisfy the actual medical costs paid, the sheriff, municipality or
other public entity responsible for the operation of the jail shall
be authorized to collect the remaining balance of the medical care
and treatment by civil actions.
C. Costs of incarceration shall be a debt of the inmate owed to
the municipality, county, or other public entity responsible for the
operation of the jail and may be collected as provided by law for
collection of any other civil debt or criminal penalty.
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D. The court shall not waive the costs of incarceration in their
entirety. However, if the court determines that a reduction in the
fine, costs, and costs of incarceration is warranted, the court shall
equally apply the same percentage reduction to the fine, costs, and
costs of incarceration owed by the defendant.
Added by Laws 1990, c. 130, § 1, eff. Sept. 1, 1990. Amended by Laws
1990, c. 311, § 1, eff. Sept. 1, 1990; Laws 1996, c. 153, § 1, emerg.
eff. May 7, 1996; Laws 1998, c. 290, § 3, eff. July 1, 1998; Laws
1999, c. 1, § 8, emerg. eff. Feb. 24, 1999; Laws 1999, c. 205, § 1,
emerg. eff. May 25, 1999; Laws 2001, c. 258, § 7, eff. July 1, 2001;
Laws 2003, c. 319, § 2; Laws 2004, c. 455, § 1; Laws 2005, c. 1, §
16, emerg. eff. March 15, 2005; Laws 2005, c. 470, § 2, emerg. eff.
June 9, 2005; Laws 2008, c. 366, § 2, emerg. eff. June 3, 2008.
NOTE: Laws 1998, c. 209, § 1 repealed by Laws 1999, c. 1, § 45,
emerg. eff. Feb. 24, 1999. Laws 2004, c. 275, § 11 repealed by Laws
2005, c. 1, § 17, emerg. eff. March 15, 2005. Laws 2005, c. 111, § 2
repealed by Laws 2005, c. 470, § 3, emerg. eff. June 9, 2005.
§22-980. Duty of sheriff when defendant sentenced to state prison.
If the judgment is for imprisonment in a state prison, the
sheriff of the county or subdivision must, upon receipt of a
certified copy thereof or authorized notification thereof, take and
deliver the defendant to the warden of the Lexington Assessment and
Reception Center or to a place determined by the Director of the
Department of Corrections. The sheriff must also deliver to the
Department of Corrections:
1. A certified copy of the judgment and sentence, unless the
judgment and sentence has previously been sent electronically by an
authorized clerk of the court;
2. A copy of any medical, dental, or mental health records of
the defendant for conditions reviewed or treated while in the custody
of the sheriff;
3. Any medication or medical or dental device prescribed for the
defendant while in the custody of the sheriff or for a pre-existing
condition;
4. Any forms required to be filed pursuant to the rules of the
Court of Criminal Appeals at the time of the formal sentencing; and
5. Any forms of identification of the defendant that were in the
possession of the defendant at the time of sentencing.
Upon delivery of the defendant with the required judgment,
records and medication or devices, the sheriff must take from the
Department of Corrections a receipt for the defendant, and make
return thereof to the court.
R.L. 1910, § 5965. Amended by Laws 1978, c. 13, § 1, emerg. eff.
Feb. 14, 1978; Laws 1998, c. 89, § 2, eff. July 1, 1998; Laws 1999,
c. 51, § 1, eff. July 1, 1999; Laws 2003, c. 294, § 2, eff. Nov. 1,
2003; Laws 2004, c. 239, § 2, eff. July 1, 2004.
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§22-981. Authority of officer while conveying prisoner - Assistance
of citizens - Penalty for refusing assistance.
The sheriff or his deputy while conveying the defendant to the
proper prison in execution of a judgment of imprisonment has the same
authority to require the assistance of any citizen of this state in
securing the defendant and in retaking him if he escape, as if the
sheriff were in his own county, and every person who refuses or
neglects to assist the sheriff, when so required, is punishable as if
the sheriff were in his own county.
R.L.1910, § 5966. Amended by Laws 1982, c. 25, § 1, operative Oct. 1,
1982.
§22-982. Presentence investigation.
A. Whenever a person is convicted of a violent felony offense
whether the conviction is for a single offense or part of any
combination of offenses, except when the death sentence is available
as punishment for the offense, the court may, before imposing the
sentence, require a presentence investigation be made of the offender
by the Department of Corrections. The court shall order the
defendant to pay a fee to the Department of Corrections of not less
than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00) for the presentence investigation. In hardship cases, the
court may reduce the amount of the fee and establish a payment
schedule.
B. Whenever a person has a prior felony conviction and enters a
plea of guilty or nolo contendere to a felony offense other than a
violent felony offense, without an agreement by the district attorney
regarding the sentence to be imposed, the court may order a
presentence investigation be made by the Department of Corrections.
The fee provided in subsection A of this section shall apply to
persons subject to this subsection.
C. Whenever a person has entered a plea of not guilty to a
nonviolent felony offense and is found guilty by a court following a
non-jury trial, the court may require a presentence investigation be
made by the Department of Corrections. The fee provided in
subsection A of this section shall apply to persons subject to this
subsection.
D. When conducting a presentence investigation, the Department
shall inquire into the circumstances of the offense and the
characteristics of the offender. The information obtained from the
investigation shall include, but not be limited to, a voluntary
statement from each victim of the offense concerning the nature of
the offense and the impact of the offense on the victim and the
immediate family of the victim, the amount of the loss suffered or
incurred by the victim as a result of the criminal conduct of the
offender, and the age, marital status, living arrangements, financial
0"* "".$! "!.! "4+9
obligations, income, family history and education, prior juvenile and
criminal records, associations with other persons convicted of a
felony offense, social history, indications of a predisposition to
violence or substance abuse, remorse or guilt about the offense or
the harm to the victim, job skills and employment history of the
offender. The Department shall make a report of information from
such investigation to the court, including a recommendation detailing
the punishment which is deemed appropriate for both the offense and
the offender, and specifically a recommendation for or against
probation or suspended sentence. The report of the investigation
shall be presented to the judge within a reasonable time, and upon
failure to present the report, the judge may proceed with sentencing.
Whenever, in the opinion of the court or the Department, it is
desirable, the investigation shall include a physical and mental
examination or either a physical or mental examination of the
offender.
E. The district attorney may have a presentence investigation
made by the Department on each person charged with a violent felony
offense and entering a plea of guilty or a plea of nolo contendere as
part of or in exchange for a plea agreement for a violent felony
offense. The presentence investigation shall be completed before the
terms of the plea agreement are finalized. The court shall not
approve the terms of any plea agreement without reviewing the
presentence investigation report to determine whether or not the
terms of the sentence are appropriate for both the offender and the
offense. The fee provided in subsection A of this section shall
apply to persons subject to this subsection and shall be a condition
of the plea agreement and sentence.
F. The presentence investigation reports specified in this
section shall not be referred to, or be considered, in any appeal
proceedings. Before imposing a sentence, the court shall advise the
defendant, counsel for the defendant, and the district attorney of
the factual contents and conclusions of the presentence investigation
report. The court shall afford the offender a fair opportunity to
controvert the findings and conclusions of the reports at the time of
sentencing. If either the defendant or the district attorney
desires, a hearing shall be set by the court to allow both parties an
opportunity to offer evidence proving or disproving any finding
contained in a report, which shall be a hearing in mitigation or
aggravation of punishment.
G. The required presentence investigation and report may be
waived upon written waiver by the district attorney and the defendant
and upon approval by the Court.
H. As used in this section, "violent felony offense" means:
1. Arson in the first degree;
2. Assault with a dangerous weapon, battery with a dangerous
weapon or assault and battery with a dangerous weapon;
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3. Aggravated assault and battery on a police officer, sheriff,
highway patrol officer, or any other officer of the law;
4. Assault with intent to kill, or shooting with intent to kill;
5. Assault with intent to commit a felony, or use of a firearm
to commit a felony;
6. Assault while masked or disguised;
7. Burglary in the first degree or burglary with explosives;
8. Child beating or maiming;
9. Forcible sodomy;
10. Kidnapping, or kidnapping for extortion;
11. Lewd or indecent proposition or lewd or indecent acts with a
child;
12. Manslaughter in the first or second degrees;
13. Murder in the first or second degrees;
14. Rape in the first or second degrees, or rape by
instrumentation;
15. Robbery in the first or second degrees, or robbery by two or
more persons, or robbery with a dangerous weapon; or
16. Any attempt, solicitation or conspiracy to commit any of the
above enumerated offenses.
Added by Laws 1967, c. 277, § 1, emerg. eff. May 8, 1967. Amended by
Laws 1975, c. 369, § 1, emerg. eff. June 18, 1975; Laws 1982, c. 25,
§ 1, operative Oct. 1, 1982; Laws 1992, c. 319, § 1, eff. Sept. 1,
1992; Laws 1997, c. 328, § 1; Laws 2002, c. 460, § 18, eff. Nov. 1,
2002; Laws 2017, c. 170, § 1, eff. Nov. 1, 2017; Laws 2019, c. 326, §
1, eff. Nov. 1, 2019.
NOTE: Laws 1997, c. 133, § 19 repealed by Laws 1999, 1st Ex. Sess.,
c. 5, § 452, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 19 from July 1, 1998, to July 1, 1999.
§22-982a. Judicial review.
A. 1. Any time within sixty (60) months after the initial
sentence is imposed or within sixty (60) months after probation has
been revoked, the court imposing sentence or revocation of probation
may modify such sentence or revocation by directing that another
sentence be imposed, if the court is satisfied that the best
interests of the public will not be jeopardized; provided, however,
the court shall not impose a deferred sentence. Any application for
sentence modification that is filed and ruled upon beyond twelve (12)
months of the initial sentence being imposed must be approved by the
district attorney who shall provide written notice to any victims in
the case which is being considered for modification.
2. The court imposing sentence may modify the sentence of any
offender who was originally sentenced for a drug charge and ordered
to complete the Drug Offender Work Camp at the Bill Johnson
Correctional Facility and direct that another sentence be imposed, if
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the court is satisfied that the best interests of the public will not
be jeopardized; provided, however, the court shall not impose a
deferred sentence. An application for sentence modification pursuant
to this paragraph may be filed and ruled upon beyond the initial
sixty-month time period provided for in paragraph 1 of this
subsection.
3. This section shall not apply to convicted felons who have
been in confinement in any state or federal prison system for any
previous felony conviction during the ten-year period preceding the
date that the sentence this section applies to was imposed. Further,
without the consent of the district attorney, this section shall not
apply to sentences imposed pursuant to a plea agreement or jury
verdict.
B. The court imposing the sentence may modify the sentence of
any offender sentenced to life without parole for an offense other
than a violent crime, as enumerated in Section 571 of Title 57 of the
Oklahoma Statutes, who has served at least ten (10) years of the
sentence in the custody of the Department of Corrections upon a
finding that the best interests of the public will not be
jeopardized. Provided; however, prior to granting a sentence
modification under the provisions of this subsection, the court shall
provide notice of the hearing to determine sentence modification to
the victim or representative of the victim and shall allow the victim
or representative of the victim the opportunity to provide testimony
at the hearing. The court shall consider the testimony of the victim
or representative of the victim when rendering a decision to modify
the sentence of an offender.
C. For purposes of judicial review, upon court order or written
request from the sentencing judge, the Department of Corrections
shall provide the court imposing sentence or revocation of probation
with a report to include a summary of the assessed needs of the
offender, any progress made by the offender in addressing his or her
assessed needs, and any other information the Department can supply
on the offender. The court shall consider such reports when
modifying the sentence or revocation of probation. The court shall
allow the Department of Corrections at least twenty (20) days after
receipt of a request or order from the court to prepare the required
reports.
D. If the court considers modification of the sentence or
revocation of probation, a hearing shall be made in open court after
receipt of the reports required in subsection C of this section. The
clerk of the court imposing sentence or revocation of probation shall
give notice of the judicial review hearing to the Department of
Corrections, the offender, the legal counsel of the offender, and the
district attorney of the county in which the offender was convicted
upon receipt of the reports. Such notice shall be mailed at least
twenty-one (21) days prior to the hearing date and shall include a
0"* "".$! "!.! "4-
copy of the report and any other written information to be considered
at the judicial review hearing.
E. If an appeal is taken from the original sentence or from a
revocation of probation which results in a modification of the
sentence or modification to the revocation of probation of the
offender, such sentence may be further modified in the manner
described in paragraph 1 of subsection A of this section within sixty
(60) months after the receipt by the clerk of the district court of
the mandate from the Supreme Court or the Court of Criminal Appeals.
Added by Laws 1983, c. 37, § 1, eff. Nov. 1, 1983. Amended by Laws
1997, c. 133, § 69, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c.
5, § 20, eff. July 1, 1999; Laws 2007, c. 358, § 6, eff. July 1,
2007; Laws 2009, c. 240, § 1, emerg. eff. May 21, 2009; Laws 2010, c.
2, § 8, emerg. eff. March 3, 2010; Laws 2012, c. 228, § 3, eff. Nov.
1, 2012; Laws 2015, c. 127, § 1, eff. Nov. 1, 2015; Laws 2016, c.
160, § 1, eff. Nov. 1, 2016; Laws 2018, c. 128, § 1, eff. Nov. 1,
2018.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 69 from July 1, 1998, to July 1, 1999.
NOTE: Laws 2009, c. 275, § 1 repealed by Laws 2010, c. 2, § 9,
emerg. eff. March 3, 2010.
§22-983. Imprisonment or recommendation of suspension of driving
privileges for failure to pay fines, costs, fees or assessments -
Hearing - Installments.
A. Any defendant found guilty of an offense in any court of this
state may be imprisoned for nonpayment of the fine, cost, fee, or
assessment when the trial court finds after notice and hearing that
the defendant is financially able but refuses or neglects to pay the
fine, cost, fee, or assessment. A sentence to pay a fine, cost, fee,
or assessment may be converted into a jail sentence only after a
hearing and a judicial determination, memorialized of record, that
the defendant is able to satisfy the fine, cost, fee, or assessment
by payment, but refuses or neglects so to do.
B. After a judicial determination that the defendant is able to
pay the fine, cost, fee, or assessment in installments, the court may
order the fine, cost, fee, or assessment to be paid in installments
and shall set the amount and date for each installment.
C. In addition, the district court or municipal court, within
one hundred twenty (120) days from the date upon which the person was
originally ordered to make payment, may send notice of nonpayment of
any court ordered fine and costs for a moving traffic violation to
the Department of Public Safety with a recommendation of suspension
of driving privileges of the defendant until the total amount of any
fine and costs has been paid. Upon receipt of payment of the total
amount of the fine and costs for the moving traffic violation, the
court shall send notice thereof to the Department, if a nonpayment
0"* "".$! "!.! "4-+
notice was sent as provided for in this subsection. Notices sent to
the Department shall be on forms or by a method approved by the
Department.
D. The Court of Criminal Appeals shall implement procedures and
rules for methods of establishing payment plans of fines, costs,
fees, and assessments by indigents, which procedures and rules shall
be distributed to all district courts and municipal courts by the
Administrative Office of the Courts.
Added by Laws 1971, c. 341, § 5, emerg. eff. June 24, 1971. Amended
by Laws 1990, c. 259, § 3, eff. Sept. 1, 1990; Laws 1991, c. 238, §
34, eff. July 1, 1991; Laws 1999, c. 359, § 6, eff. Nov. 1, 1999;
Laws 2000, c. 159, § 1, emerg. eff. April 28, 2000; Laws 2000, c.
323, § 2, emerg. eff. June 5, 2000; Laws 2018, c. 128, § 2, eff. Nov.
1, 2018.
§22-983a. Authority to waive fines, costs and fees.
A. On or after November 1, 2016, the court shall have the
authority to waive all outstanding fines, court costs and fees in a
criminal case for any person who:
1. Served a period of imprisonment in the custody of the
Department of Corrections after conviction for a crime;
2. Has been released from the custody of the Department of
Corrections;
3. Has complied with all probation or supervision requirements
since being released from the custody of the Department of
Corrections; and
4. Has made installment payments on outstanding fines, court
costs, fees and restitution ordered by the court on a timely basis
every month for the previous twenty-four (24) months following
release from the custody of the Department of Corrections.
B. The provisions of this section shall not apply to amounts
owed by the person for restitution to a victim pursuant to a court
order or child support obligations pursuant to a court order.
Added by Laws 2016, c. 392, § 1, eff. Nov. 1, 2016.
§22-983b. Released persons – Hearing to determine ability to pay
fines, fees and costs.
A. Any person released on parole or released without parole from
a term of imprisonment with the Department of Corrections shall be
required to report at a time not less than one hundred eighty (180)
days after his or her release from the Department of Corrections to:
1. The district court of the county from which the judgment and
sentence resulting in incarceration arose; and
2. All other district courts or municipal courts where the
person owes fines, fees, costs and assessments,
for the purpose of scheduling a hearing to determine the ability of
the person to pay fines, fees, costs or assessments owed by the
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person in every felony or misdemeanor criminal case filed in a
district court or criminal case filed in a municipal court of this
state. Such hearing shall be held in accordance with the provisions
of Section VIII of the Rules of the Court of Criminal Appeals, 22
O.S. 2011, Ch. 18, App. A court may for good cause shown or in its
discretion continue such hearing for up to one hundred eighty (180)
days.
B. In determining the ability of the person to satisfy fines,
fees, costs or assessments owed to a district or municipal court, the
court shall inquire of the person at the time of the hearing which
counties and municipalities the person owes fines, fees, costs or
assessments in every felony or misdemeanor criminal case filed
against the person and shall consider all court-ordered debt,
including restitution and child support, in determining the ability
of the person to pay. The person shall not be required to pay any
outstanding fines, fees, costs or assessments prior to the expiration
of the one-hundred-eighty-day period; provided, however, the person
shall not be precluded from voluntarily making payment toward the
satisfaction of any fines, fees, costs or assessments due and owing
to a district or municipal court of this state.
C. The Court of Criminal Appeals shall promulgate rules
governing the provisions of this section including, but not limited
to:
1. Reporting, hearing and payment requirements as provided for
in subsections A and B of this section;
2. Consolidating district and municipal court fines, fees, costs
or assessments owed by a person into one order for payment; and
3. Accepting and distributing payments received for fines, fees,
costs or assessments to various district and municipal courts when
consolidated by the court into one order for payment.
Added by Laws 2016, c. 392, § 2, eff. Nov. 1, 2016.
§22-984. Repealed by Laws 2010, c. 135, § 18, eff. Nov. 1, 2010.
§22-984.1. Renumbered as § 142A-8 of Title 21 by Laws 2010, c. 135,
§ 19, eff. Nov. 1, 2010.
§22-984.2. Renumbered as § 142A-9 of Title 21 by Laws 2010, c. 135,
§ 20, eff. Nov. 1, 2010.
§22-984.3. Renumbered as § 142A-10 of Title 21 by Laws 2010, c. 135,
§ 21, eff. Nov. 1, 2010.
§22-984.4. Repealed by Laws 2010, c. 135, § 18, eff. Nov. 1, 2010.
§22-985. Short title - Justice Safety Valve Act.
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Sections 2 and 3 of this act shall be known and may be cited as
the "Justice Safety Valve Act".
Added by Laws 2015, c. 243, § 1, eff. Nov. 1, 2015.
§22-985.1. Departure from mandatory minimum sentencing –
Requirements - Exceptions.
A. When sentencing a person convicted of a criminal offense for
which there is a mandatory minimum sentence of imprisonment, the
court may depart from the applicable sentence if the court finds
substantial and compelling reasons on the record, after giving due
regard to the nature of the crime, history, and character of the
defendant and his or her chances of successful rehabilitation, that:
1. The mandatory minimum sentence of imprisonment is not
necessary for the protection of the public; or
2. Imposition of the mandatory minimum sentence of imprisonment
would result in substantial injustice to the defendant; or
3. The mandatory minimum sentence of imprisonment is not
necessary for the protection of the public and the defendant, based
on a risk and needs assessment, is eligible for an alternative court,
a diversion program or community sentencing, without regard to
exclusions because of previous convictions, and has been accepted to
the same, pending sentencing.
B. The court shall not have the discretion to depart from the
applicable mandatory minimum sentence of imprisonment on convictions
for criminal offenses under the following circumstances:
1. The offense for which the defendant was convicted is among
those crimes listed in Section 571 of Title 57 of the Oklahoma
Statutes as excepted from the definition of "nonviolent offense";
2. The offense for which the defendant was convicted was a sex
offense and will require the defendant to register as a sex offender
pursuant to the provisions of the Sex Offenders Registration Act;
3. The offense for which the defendant was convicted involved
the use of a firearm;
4. The offense for which the defendant was convicted is a crime
listed in Section 13.1 of Title 21 of the Oklahoma Statutes requiring
the defendant to serve not less than eighty-five percent (85%) of any
sentence of imprisonment imposed by the judicial system prior to
becoming eligible for consideration for parole;
5. The offense for which the defendant was convicted is a
violation of the Trafficking in Illegal Drugs Act as provided in
Sections 2-414 through 2-420 of Title 63 of the Oklahoma Statutes;
6. The defendant was the leader, manager or supervisor of others
in a continuing criminal enterprise; or
7. The offense for which the defendant was convicted is a
violation of the Oklahoma Antiterrorism Act as provided in Sections
1268 through 1268.8 of Title 21 of the Oklahoma Statutes.
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C. Any departure from the mandatory minimum sentence as
authorized in this section shall not reduce the sentence to less than
twenty-five percent (25%) of the mandatory term.
Added by Laws 2015, c. 243, § 2, eff. Nov. 1, 2015. Amended by Laws
2018, c. 128, § 3, eff. Nov. 1, 2018.
§22-985.2. Departures report.
The district court clerk of each county shall submit a report of
the departures in sentencing to the Clerk of the Court of Criminal
Appeals on or before the first day of February of each year. On or
before the first day of March of each year the Clerk of the Court of
Criminal Appeals shall make available, in digital electronic format
and on the website of the Oklahoma Court of Criminal Appeals, a
report as to the number of departures from mandatory minimum
sentences made by each judge in the state during the previous
calendar year.
Added by Laws 2015, c. 243, § 3, eff. Nov. 1, 2015.
§22-987.1. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.2. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.3. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.4. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.5. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.6. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.7. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.8. Repealed by Laws 2000, c. 39, § 4, emerg. eff. April 10,
2000.
§22-987.9. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.10. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
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§22-987.11. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.12. Repealed by Laws 2000, c. 39, § 4, emerg. eff. April 10,
2000.
§22-987.13. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.14. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.15. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.16. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.17. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.18. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.19. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.20. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.21. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.22. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.23. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-987.26. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-988.1. Short title.
Sections 1 through 25 of this act shall be known and may be cited
as the “Oklahoma Community Sentencing Act”.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 1, eff. July 1, 1999.
0"* "".$! "!.! "4-8
§22-988.2. Definitions — Duties of Chief Judge.
A. For purposes of the Oklahoma Community Sentencing Act:
1. "Local community sentencing system" means the use of public
and private entities to deliver services to the sentencing court for
punishment of eligible felony offenders under the authority of a
community sentence;
2. "Community sentence" or "community punishment" means a
punishment imposed by the court as a condition of a deferred or
suspended sentence for an eligible offender;
3. "Continuum of sanctions" means a variety of coercive measures
ranked by degrees of public safety, punitive effect, and cost benefit
which are available to the sentencing judge as punishment for
criminal conduct;
4. "Community sentencing system planning council" or "planning
council" means a group of citizens and elected officials specified by
law or appointed by the Chief Judge of the Judicial District which
plans the local community sentencing system and with the assistance
of the Community Sentencing Division of the Department of Corrections
locates treatment providers and resources to support the local
community sentencing system;
5. "Incentive" means a court-ordered reduction in the terms or
conditions of a community sentence which is given for exceptional
performance or progress by the offender;
6. "Disciplinary sanction" means a court-ordered punishment in
response to a technical or noncompliance violation of a community
sentence which increases in intensity or duration with each
successive violation;
7. "Division" means the Community Sentencing Division within the
Department of Corrections which is the state administration agency
for the Oklahoma Community Sentencing Act, the statewide community
sentencing system, and all local community sentencing systems;
8. "Eligible offender" means a felony offender who has been
convicted of or who has entered a plea other than not guilty to a
felony offense and who upon completion of a risk and needs assessment
has been found to be in a range other than the low range and who is
not otherwise prohibited by law, or is a person who has had an
assessment authorized by Section 3-704 of Title 43A of the Oklahoma
Statutes and the assessment recommends community sentencing.
Provided, however, that no person who has been convicted of or who
has entered a plea other than not guilty to an offense enumerated in
paragraph 2 of Section 571 of Title 57 of the Oklahoma Statutes, as
an exception to the definition of "nonviolent offense", shall be
eligible for a community sentence or community punishment unless the
district attorney or an assistant district attorney for the district
in which the offender's conviction was obtained consents thereto.
The district attorney may consent to eligibility for an offender who
0"* "".$! "!.! "4-9
has a mental illness or a developmental disability or a co-occurring
mental illness and substance abuse disorder and who scores in the low
range on the risk and needs assessment authorized by Section 3-704 of
Title 43A of the Oklahoma Statutes or another assessment instrument
if the offender is not otherwise prohibited by law. Any consent by a
district attorney shall be made a part of the record of the case; and
9. "Statewide community sentencing system" means a network of
all counties through their respective local community sentencing
systems serving the state judicial system and offering support
services to each other through reciprocal and interlocal agreements
and interagency cooperation.
B. For the purposes of the Oklahoma Community Sentencing Act, if
a judicial district does not have a Chief Judge or if a judicial
district has more than one Chief Judge, the duties of the Chief Judge
provided for in the Oklahoma Community Sentencing Act shall be
performed by the Presiding Judge of the Judicial Administrative
District.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 2, eff. July 1, 1999.
Amended by Laws 2004, c. 251, § 1, eff. July 1, 2004; Laws 2011, c.
218, § 1, eff. Nov. 1, 2011; Laws 2015, c. 331, § 1, eff. Nov. 1,
2015; Laws 2016, c. 222, § 3, eff. Nov. 1, 2016; Laws 2017, c. 42, §
11, eff. Aug. 25, 2017; Laws 2018, c. 128, § 4, eff. Nov. 1, 2018.
NOTE: Laws 2015, c. 397, § 3 repealed by Laws 2016, c. 210, § 10,
emerg. eff. April 26, 2016. Laws 2016, c. 210, § 9 repealed by Laws
2017, c. 42, § 12, eff. Aug. 25, 2017.
§22-988.3. Purpose of act.
The purposes of the Oklahoma Community Sentencing Act are to:
1. Protect the public;
2. Establish a statewide community sentencing system;
3. Adequately supervise felony offenders punished under a court-
ordered community sentence;
4. Provide a series of sanctions to the court for eligible
felony offenders sentenced to a community sentence within the
community sentencing system;
5. Increase the availability of punishment and treatment
programs to eligible felony offenders;
6. Improve the criminal justice system within this state through
public/private partnerships, reciprocal and interlocal governmental
agreements, and interagency cooperation and collaboration; and
7. Operate effectively within the allocation of state and local
resources for the criminal justice system.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 3, eff. July 1, 1999.
Amended by Laws 2003, c. 341, § 2, eff. Nov. 1, 2003.
§22-988.4. Mandatory local system.
0"* "".$! "!.! "42:
In jurisdictions where a community sentencing system has not been
established prior to the effective date of this act, the Chief Judge
of the Judicial District shall establish the geographic boundaries of
a community sentencing system which shall be the boundaries of each
county, unless the Chief Judge establishes one or more multicounty
community sentencing systems consisting of two or more contiguous
counties within the judicial district; provided, however, the consent
of the sheriff of each affected county and each district attorney
operating within each of the subject counties must be obtained before
a county may join a proposed multicounty community sentencing system.
Multicounty community sentencing systems may be established by the
Chief Judge of a Judicial District with the consent of each local
council affected in such manner as provided by rules promulgated by
the Community Sentencing Division within the Department of
Corrections.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 4, eff. July 1, 1999.
§22-988.5. Community sentencing system planning councils.
A. A community sentencing system planning council shall be
established for each jurisdiction defined by the judge as provided in
Section 4 of this act.
B. Single county planning councils shall have membership as
follows:
1. The Chief Judge of the Judicial District or a judge having
duties within the county appointed by the Chief Judge of the Judicial
District;
2. The district attorney for the county or an assistant district
attorney appointed by the district attorney;
3. The county sheriff or a deputy sheriff appointed by the
sheriff;
4. A county commissioner appointed by the board of county
commissioners for the county; and
5. Three or more citizens elected by the other designated
members.
C. Multicounty planning councils shall have membership
consisting of at least the following:
1. The Chief Judge of the Judicial District, or a judge having
duties within the jurisdiction appointed by the Chief Judge of the
Judicial District;
2. A district attorney or an assistant district attorney
appointed by a majority vote of all district attorneys participating
in the multicounty system;
3. A county sheriff or a deputy sheriff appointed by a majority
vote of all sheriffs participating in the multicounty system;
4. A county commissioner appointed by a majority vote of all
county commissioners of the counties participating in the multicounty
system; and
0"* "".$! "!.! "42
5. Three or more citizens from each of the counties
participating in the multicounty system elected by the other
designated members.
Nothing in this subsection shall preclude a multicounty system from
adding members from each of the participating offices of the sheriff,
district attorney, and board of county commissioners, provided the
number of citizen members equals or is greater than the number of
sheriffs, district attorneys, and county commissioners serving on the
multicounty planning council.
D. In the event the required planning council has not been
established as provided by subsection A of this section for any
county or as provided in Section 4 of this act or should a council
cease to actively function as determined by the Community Sentencing
Division of the Department of Corrections, the Chief Judge of the
Judicial District upon notification by the Division shall appoint
five or more persons to serve as the planning council in addition to
a designated judge. All membership appointments required by this
subsection shall be made on or before the first day of October of
each year. Every planning council shall have a judge who shall be
either the Chief Judge of the Judicial District or a judge having
duties within the jurisdiction appointed by the Chief Judge. The
Chief Judge making the appointments of a planning council pursuant to
the provisions of this subsection shall decide whether the planning
council shall be a single county planning council or a multicounty
planning council. If a Chief Judge of a Judicial District will not
serve as a member of a planning council or make any of the required
appointments, the Chief Justice of the Supreme Court shall direct
another judge of the jurisdiction to make the appointments or serve
as the designated judge.
E. Once a planning council has been established, it shall notify
the Community Sentencing Division within the Department of
Corrections of its membership, and thereafter the jurisdiction shall
be eligible to receive technical assistance from the state in
establishing the required local community sentencing system.
F. Each member of a planning council shall reside in or have
employment duties in the jurisdiction to be served by the council.
Members serving on a planning council who are elected officials shall
have a term of office on the planning council concurrent with the
term of the elected office, except when the person resigns or is
otherwise removed as provided by the rules promulgated for the
council or as authorized by law. All other members of the planning
council shall have staggered terms of office not exceeding a three-
year term. Planning council members may be reappointed upon the
expiration of their terms. The Chief Judge of the Judicial District
shall have the authority to remove any planning council member within
the jurisdiction of the court district at any time for violation of
the rules governing the local planning council.
0"* "".$! "!.! "42
G. Each planning council member shall have one vote, and a
majority of voting members shall constitute a quorum. No vacancy
shall impair the right of the remaining members to exercise all the
duties of the planning council. Any vacancy occurring in the
membership of a planning council shall be filled for the unexpired
term of office in the same manner as the original selection.
H. The designated judge shall convene the initial meeting of the
planning council within fifteen (15) days following the establishment
of the council. At the initial meeting of the planning council, the
membership shall elect a chair from its members who shall preside at
all meetings of the council and perform such other duties as may be
required by law. The planning council may elect another member as
vice-chair who shall perform duties of the chair during any period of
absence or upon the refusal or inability of the chair to act, a
secretary who shall keep minutes of all meetings, and other officers
as necessary.
I. Each planning council shall adopt written rules concerning
meeting times, places, dates, conduct for disclosing and handling
conflicts of interest, procedures for recommending service providers,
procedures for removal and replacement of members for failure to
attend a required number of meetings, procedures and timing for
election of officers and any other provision necessary to implement
the planning of a local system pursuant to the provisions of the
Oklahoma Community Sentencing Act. The written rules promulgated by
a planning council shall not be subject to the Administrative
Procedures Act; provided, however, the rules shall be filed with the
clerk of the district court or courts of the jurisdiction to be
served by the community sentencing system. The rules may be amended
by a majority vote of the planning council members after a thirty-day
written notice detailing the change or addition has been filed with
the court clerk where the original rules are filed.
J. Each planning council shall be subject to the provisions of
the Oklahoma Open Meeting Act and the Oklahoma Open Records Act.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 5, eff. July 1, 1999.
§22-988.6. Planning council duties.
A. Each community sentencing planning council shall:
1. Plan the local community sentencing system within allocated
funds and other available resources according to the provisions of
the law and with the assistance of the Community Sentencing Division
of the Department of Corrections;
2. Promulgate rules for functioning of the planning council
which are consistent with the provisions of this act;
3. Prepare a detailed plan within the provisions of law and rule
each fiscal year with an accompanying budget for the local community
sentencing system;
0"* "".$! "!.! "42+
4. Identify local resources by type, cost and location which are
available to serve the court for eligible felony offenders sentenced
to the community;
5. Identify qualified service providers to deliver services to
the court for eligible felony offenders sentenced to the community;
6. Assist in monitoring the sentencing practices of the court to
ensure the local community sentencing system functions within the
allocation of resources and according to the provisions of this act;
7. Assist in preparing information necessary for qualified
services to support the local community sentencing system plan as
provided in Section 988.7 of this title;
8. Identify and advocate the use of interlocal governmental
agreements for qualified services where services are not available
within the jurisdiction or where services may be delivered in a more
cost-effective manner by another jurisdiction;
9. Form multicounty systems as may be necessary to conserve
state or local resources or to implement an appropriate range of
services to the court;
10. Review and recommend services for cost-effectiveness and
performance-based evaluation;
11. Identify various sources of funding and resources for the
local community sentencing system including a variety of free
services available to the court;
12. Assist in developing public/private partnerships in the
local jurisdiction, reciprocal agreements, and interagency
cooperation and collaboration to provide appropriate services and
support to the system; and
13. Assist in promoting local involvement and support for the
provisions of the Oklahoma Community Sentencing Act.
B. Each community sentencing planning council may employ a local
director and other personnel to perform the duties of the local
community sentencing system, subject to the availability of funds.
Such council may contract with a county to provide benefits and
payroll services to such personnel.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 6, eff. July 1, 1999.
Amended by Laws 2015, c. 331, § 2, eff. Nov. 1, 2015.
§22-988.7. Local system plan.
A. A detailed plan for each local community sentencing system
seeking state funds shall be submitted each fiscal year to the
Community Sentencing Division within the Department of Corrections
pursuant to the rules promulgated for such purpose. The designated
judge of the planning council shall review the range of services
proposed in the plan and declare in writing whether the proposed
services meet the needs of the court for purposes of sentencing
pursuant to the authority of the Oklahoma Community Sentencing Act.
The judge shall forward the plan to the Division for state review and
0"* "".$! "!.! "42-
appropriate funding. A plan that conforms with the purposes and
goals of the Oklahoma Community Sentencing Act shall not be modified
or disapproved except when the plan requires more funding than is
available to the local system. Each local community sentencing
system plan shall include, but not be limited to, the following
goals:
1. Identification of existing resources, including cash,
professional services, in-kind resources, property, or other sources
of resources;
2. Identification of additional resources needed, identified by
type and amount;
3. Projected number of offenders to be served by each provider
and the projected total number of offenders to be served by the local
system;
4. Types and priority groups of offenders to be served for
purposes of budgeting and targeting specific use of selected service
providers;
5. Identification of sentencing practices used for disciplinary
sanctions for noncriminal conduct against participating offenders and
applicable costs;
6. Identification of local policy statements;
7. Methods for allocating resources to support the services
included in the plan;
8. Identification and evaluation of local record keeping and
needs for audits or reviews;
9. Identification of any special administrative structure of the
local system and list of specific service providers participating in
the system, including detailed qualifications of staff and program
administrators; and
10. Description and evaluation of the extent of community
participation and support for the local system.
B. A community sentencing system shall be operational when the
plan is accepted by the Community Sentencing Division or is receiving
funding. The Division, upon receipt of a proposed local system plan
for conformance with the purpose and goals of the Oklahoma Community
Sentencing Act, shall have not more than forty-five (45) days to
evaluate the plan and to notify the planning council of any
recommended modification. The Division shall notify the chair of
each local community sentencing system of its allocated budget by
June 15. Based on the funding allocation, the local community
sentencing system shall submit its budget to the Division prior to
finalizing provider service agreements for the fiscal year. The
Division shall not restrict by rule or practice the plan of any local
system or determine what constitutes treatment or necessary services
if the treatment or services comply with the purposes and goals of
the Oklahoma Community Sentencing Act, unless there is a demonstrated
deficiency or poor program evaluation.
0"* "".$! "!.! "422
C. A local administrator as provided in Section 988.13 of this
title shall assist the local planning council in gathering and
keeping accurate information about the jurisdiction to support the
planning process. For the previous two (2) years, the information
pertaining to the jurisdiction may include, but not be limited to:
1. The number and rate of arrests, number of felony convictions,
admissions to probation, number of offenders sentenced to post-
imprisonment supervision, number of offenders sentenced to county
jail, average length of sentence served in county jail, number of
offenders sentenced to the custody of the Department of Corrections,
and average length of sentence served in the custody of the
Department of Corrections;
2. Current jail capacity, and jail population data by offender-
type including, but not limited to, misdemeanor, felony, trusty,
post-trial detainee, pretrial detainee, disciplinary sanction or
juvenile;
3. A listing of services and programs available in the
community, including costs, space availability, the number of
offenders participating, the average length of participation and
performance-based data;
4. Range of community punishments previously used by the courts
for offenders within the jurisdiction, including methods and use of
disciplinary sanctions for noncriminal behavior of offenders
sentenced to community punishment and use of incentives;
5. A listing of educational, vocational-technical, health,
mental health, substance abuse treatment, medical, and social
services available to offenders or to be made available within a
twelve-month period;
6. Restrictive residential facilities or other restrictive
housing options available or to be made available within a twelve-
month period; and
7. Approved local system plans and budgets.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 7, eff. July 1, 1999.
Amended by Laws 2002, c. 165, § 1, eff. July 1, 2002.
§22-988.8. Community services and sentencing options.
A. A community sentencing system established pursuant to the
provisions of the Oklahoma Community Sentencing Act shall include
those community punishments and programs and services enumerated and
funded in the annual plan submitted to the Community Sentencing
Division within the Department of Corrections and any other services
or punishments subsequently added and funded during a plan year. The
options may not be utilized for offenders not meeting the eligibility
criteria of programs and score requirements for the risk and needs
assessment. Each local system shall strive to have available to the
court all of the following services for eligible offenders:
0"* "".$! "!.! "425
1. Community service with or without compensation to the
offender;
2. Substance abuse treatment and availability for periodic drug
testing of offenders following treatment;
3. Varying levels of supervision by the Department of
Corrections probation officers or another qualified supervision
source, including specialized supervision for repeat offenders,
offenders with convictions for sex crimes, offenders with conviction
for domestic violence offenses and offenders with diagnosed mental
health needs;
4. Education and literacy provided by the State Department of
Education, the county library system, the local school board, or
another qualified source;
5. Employment opportunities and job skills training provided by
the Oklahoma Department of Career and Technology Education or another
qualified source;
6. Cognitive behavioral treatment and any other programming or
treatment needs as identified based on the results of the risk and
needs assessment administered under this section;
7. Enforced collections provided by the local court clerk, or
another state agency; and
8. The availability of county jail or another restrictive
housing facility for limited disciplinary sanctions.
B. The court may order as a community punishment for an eligible
offender any condition listed as a condition available for a
suspended sentence.
C. In all cases in which an offender is sentenced to a community
punishment, the offender shall be ordered as part of the terms and
conditions of the sentence to pay for the court ordered sanction,
based upon ability to pay. Payments may be as provided by court
order or pursuant to periodic payment schedules established by the
service provider. If the offender does not have the financial
ability to pay for the court ordered sanction, payment shall be made
from funds budgeted for the local community sentencing system.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 8, eff. July 1, 1999.
Amended by Laws 2001, c. 33, § 22, eff. July 1, 2001; Laws 2002, c.
165, § 2, eff. July 1, 2002; Laws 2018, c. 128, § 5, eff. Nov. 1,
2018.
§22-988.9. Fees and costs.
A. Any offender sentenced to a community sentence pursuant to
the Oklahoma Community Sentencing Act which requires supervision
shall be required to pay a supervision fee. The supervising agency
shall establish the fee amount, not to exceed Forty Dollars ($40.00)
per month, based upon the offender's ability to pay. In hardship
cases the supervising agency may expressly waive all or part of the
fee. No supervising agency participating in a local community
0"* "".$! "!.! "427
sentencing system shall deny any offender supervision services for
the sole reason that the offender is indigent. Fees collected for
supervision services performed by the Department of Corrections shall
be paid directly to the Department to be deposited in the Department
of Corrections Revolving Fund. Supervision services performed by
contracted providers other than the Department shall be paid directly
to that contracted provider.
B. In addition to any supervision fee, eligible offenders
participating in a local community sentencing system under a court-
ordered community punishment shall be required to pay an
administrative fee to support the local system which shall not exceed
Twenty Dollars ($20.00) per month to be set by the court.
Administrative fees when collected shall be deposited with the
Community Sentencing Division within the Department of Corrections
and credited to the local community sentencing system for support and
expansion of the local community corrections system. In the event
the court fails to order the amount of the administrative fee, the
fee shall be Twenty Dollars ($20.00) per month.
C. In addition to any supervision fee and administrative fee
authorized by this section, the court shall assess court costs, and
may assess program reimbursement costs, restitution, and fines to be
paid by the offender. With the exception of supervision fees, other
fees, costs, fines, restitution, or monetary obligations ordered to
be paid by the offender shall not cease with the termination of
active supervision and such obligations shall continue until fully
paid and may be collected in the same manner as court costs.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 9, eff. July 1, 1999.
Amended by Laws 2002, c. 165, § 3, eff. July 1, 2002; Laws 2011, c.
218, § 2, eff. Nov. 1, 2011; Laws 2019, c. 134, § 1, eff. Nov. 1,
2019.
§22-988.10. Resource-limited system.
A. It is the responsibility of the planning council, the
sentencing judge, and the local administrator to ensure that the
expenditure of funds within the local community sentencing system is
appropriately made only for eligible offenders within the range of
services offered to the court. It is further the responsibility of
the local system, the prosecutor, the defense attorney, and
sentencing court to keep an awareness of the local correctional
resources and to utilize those resources in the most efficient manner
when punishing eligible offenders with community punishments.
B. The sentencing judge when imposing any punishment pursuant to
the provisions of the Oklahoma Community Sentencing Act shall
consider the most cost-effective treatment specifically targeted for
the offender's needs as determined by the Level of Services Inventory
(LSI) report or assessment instrument.
0"* "".$! "!.! "428
C. The statewide system and each local system is required to
monitor sentencing practices and eligibility requirements, prioritize
expenditures, and operate within available resources for eligible
offenders.
D. The Community Sentencing Division within the Department of
Corrections shall not fund any community sentencing system beyond the
accepted budget amounts in any fiscal year.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 10, eff. July 1, 1999.
Amended by Laws 2019, c. 134, § 2, eff. Nov. 1, 2019.
§22-988.11. Performance-based evaluations.
Each service provider contracting with the state pursuant to the
Oklahoma Community Sentencing Act shall be required to have a
performance-based evaluation within two (2) years of participating in
a local community sentencing system. The initial performance-based
evaluation of a program or service shall be made two (2) years from
the date a program or service is first designated in the local system
plan and funded, provided the program or service continues to be
included in the local system plan during a second or subsequent plan
year. After an initial evaluation, the program or service shall be
reviewed annually when the program or service continues to be
designated as part of the local system plan. The Community
Sentencing Division within the Department of Corrections may
establish other criteria for evaluating programs and services, and
shall establish procedures by rule for review of the evaluations
prior to any renewal of service provider agreements or selection of
new service providers. Evaluations shall apply to state agencies
offering services pursuant to the provisions of the Oklahoma
Community Sentencing Act.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 11, eff. July 1, 1999.
§22-988.12. Custody of offenders – Medical expenditures.
A. Any person sentenced to a community punishment pursuant to
the provisions of the Oklahoma Community Sentencing Act shall not be
deemed an inmate, nor shall the person be considered to be in the
custody of the Department of Corrections, nor shall the person
require processing through the Lexington Reception and Assessment
Center. Persons sentenced to community punishment pursuant to the
Oklahoma Community Sentencing Act shall be in community custody
within the county.
B. Except as otherwise specifically provided by law, persons
sentenced to a community punishment which does not include
incarceration shall not have medical or dental expenses paid by the
Department of Corrections or reimbursed by the Community Sentencing
Division.
0"* "".$! "!.! "429
Added by Laws 1999, 1st Ex. Sess., c. 4, § 12, eff. July 1, 1999.
Amended by Laws 2002, c. 165, § 4, eff. July 1, 2002; Laws 2008, c.
366, § 3, emerg. eff. June 3, 2008.
§22-988.13. Local administrator.
A. Each local community sentencing system shall collaborate with
a local administrator who shall be employed by the Community
Sentencing Division within the Department of Corrections. The local
administrator shall have the duty to:
1. Assist in administering the day-to-day operation of the local
community sentencing system within the approved budget and plan and
according to the provisions of the Oklahoma Community Sentencing Act
and any rules promulgated by the Division;
2. Assist the planning council in the jurisdiction in
identifying resources, collecting data on sentencing practices, and
preparing the annual plan and supporting budget;
3. Provide the court with a listing of available services within
the local community sentencing system for purposes of imposing a
community sentence;
4. Carry out court orders pursuant to the provisions of the
Oklahoma Community Sentencing Act as provided in the offender's
judgment and sentence;
5. Assist offenders in locating service providers who are
participating in the local system according to the terms of the
community sentence;
6. Report to the judge all completions and violations of court
orders for community sentences or community punishments;
7. Keep accurate records for the local system and coordinate
those records for monitoring by the Community Sentencing Division;
8. Monitor the local service providers to assure appropriate
delivery of services to both the offender and the local system;
9. Coordinate support for the planning council and the
sentencing court;
10. Ensure that restitution, reimbursements, fines, costs, and
other payments and fees are paid to and deposited with the
appropriate entity;
11. Report to the Community Sentencing Division within the
Department of Corrections any complaints or service delivery
problems;
12. Ensure criminal disposition reports on community sentences
are made to appropriate state and federal agencies; and
13. Perform other functions as specified by the Community
Sentencing Division within the Department of Corrections for purposes
of implementing the provisions of the Oklahoma Community Sentencing
Act.
B. The local administrator shall collaborate with and assist all
existing county employees when a county has a preexisting community
0"* "".$! "!.! "45:
program operated at county expense. In the event state funding is to
be provided for continuing an existing program, the Division shall
promulgate rules for continuing an existing program.
C. When a service provider is selected to be part of the local
community sentencing system, the employees of that service provider
shall not become employees of the county, the local community
sentencing system, or the state by virtue of any contractual
agreement or payments from the state.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 13, eff. July 1, 1999.
§22-988.14. State agency - Creation.
A. There is hereby created within the Department of Corrections
the "Community Sentencing Division". The purpose of the Division
shall be to implement and administer the Oklahoma Community
Sentencing Act and any provisions of law relating to the operation
and management of a statewide community sentencing system.
B. The Community Sentencing Division shall employ an executive
management staff consisting of a deputy director and such other
employees as authorized by the Legislature and subject to
appropriations, who shall be unclassified state employees. In
addition to the executive management staff, there shall be an
appropriate number of local community sentencing system
administrators as authorized by the Legislature and subject to
appropriations, who shall be unclassified state employees of the
Division. The deputy director of the Division shall report directly
to the Director of the Department of Corrections or designee. The
Legislature shall provide the Department of Corrections sufficient
funds for administrative support to the Division, and the Division
shall have a separate legislative appropriation for the
implementation and operation of the statewide community sentencing
system pursuant to the provisions of the Oklahoma Community
Sentencing Act. The Director of the Department of Corrections or
designee shall hire and set the salary of the executive management
staff. The deputy director of the Division shall hire the local
administrators.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 14, eff. July 1, 1999.
Amended by Laws 2019, c. 134, § 3, eff. Nov. 1, 2019.
§22-988.15. Duties of state agency.
The Community Sentencing Division within the Department of
Corrections shall have the duty to:
1. Administer a statewide community sentencing system pursuant
to the provisions of the Oklahoma Community Sentencing Act and other
provisions of law;
2. Establish goals and standards for the statewide community
sentencing system and the local community sentencing systems;
0"* "".$! "!.! "45
3. Promulgate rules pursuant to the Administrative Procedures
Act for the implementation and operation of the Oklahoma Community
Sentencing Act;
4. Provide technical assistance and administrative support to
each local community sentencing system. The technical assistance
shall include, but not be limited to, information on:
a. corrections system design,
b. administration,
c. development, monitoring, and evaluating of programs and
services,
d. program identification and specifications,
e. offender risk management,
f. supervision of offenders,
g. planning and budgeting,
h. grant applications, and
i. preparation and submission of documents, data, budgets,
and system plans;
5. Coordinate and collaborate with other state agencies for
services and technical assistance to each local community sentencing
system;
6. Apply for and accept money and other assets to be utilized
for support of a statewide community sentencing system and to
allocate and disburse appropriated funds to local community
sentencing systems through an appropriate funding method;
7. Review, analyze and fund local system plans within budgetary
limitations;
8. Contract with local service providers and state agencies for
services to the local system;
9. Identify and solicit other funding sources and resources to
support the statewide community sentencing system;
10. Request post audits of state funds;
11. Monitor and coordinate local systems;
12. Provide performance-based evaluations for all service
providers of the statewide system;
13. Report annually by January 15 to the Legislature and
Governor on the statewide system. The report shall provide an
evaluation of the effectiveness of the Oklahoma Community Sentencing
Act in terms of public safety, appropriate range of community
punishments, cost-effectiveness, performance-based effectiveness in
reducing recidivism, utilization by the judiciary, resource
allocation, and reduced state and local institutional receptions, if
any; and
14. Disseminate information to local administrators and
community sentencing systems concerning corrections issues including,
but not limited to:
a. punishment options,
b. disciplinary sanctions,
0"* "".$! "!.! "45
c. resource allocation,
d. administration,
e. legal issues,
f. supervision and risk management,
g. treatment methodology and services,
h. education and vocational services,
i. service and program monitoring and evaluation methods,
j. grants and funding assistance,
k. data and record keeping, and
l. offender characteristics.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 15, eff. July 1, 1999.
§22-988.16. Community sentencing system budgeting.
A. Each fiscal year the Division, in collaboration with the
local planning councils, shall provide goals and funding priorities
for community punishments as provided by law. The statewide
community sentencing system shall be composed of local community
sentencing system plans as approved by the Division. The Division
shall promulgate rules for local community sentencing systems based
upon objective criteria for allocation of state-appropriated funds to
local systems for day-to-day operation during a fiscal year which may
include identification of:
1. Fiscally responsible allocations of services and funds;
2. Innovative or effective programs of the local system; and
3. Appropriate targeting of offenders for services.
The Division and each of the local community sentencing systems are
required to operate within the appropriated funds. The state shall
require each local community sentencing system to identify resources
other than state funds as part of the funding formula. The Division
shall establish procedures for disbursement of state funds to service
providers, and shall disburse state funds in a timely manner.
B. For a local community sentencing system to remain eligible
for state funding, a local community sentencing system shall:
1. Demonstrate fiscal responsibility by operating the local
system within the plan and budget allocation;
2. Require performance-based selection of service providers
participating in the annual system plan;
3. Submit a plan which offers a continuum of sanctions for
eligible offenders sentenced to the local community sentencing system
and appropriately assign offenders for services; and
4. Comply with the rules promulgated by the Community Sentencing
Division within the Department of Corrections and the provisions of
the Oklahoma Community Sentencing Act.
C. When state funding is required to implement a local community
sentencing system plan, the Community Sentencing Division shall
approve the plan only to the extent that the jurisdiction's share of
the total state appropriations will support the implementation of the
0"* "".$! "!.! "45+
local system plan. Modification to a local plan shall be for
budgetary purposes, as provided in Section 988.7 of this title, and
for compliance with law and rule.
D. State funds from the Community Sentencing Division disbursed
to community sentencing systems shall be used for operation and
administrative expenses and shall not be used to construct, renovate,
remodel, expand or improve any jail, residential treatment facility,
restrictive housing facility, or any other structure, nor shall these
funds be used to replace funding or other resources from the federal,
state, county or city government committed in support of the detailed
system plan during the plan year.
E. Any funds accruing to the benefit of a community sentencing
system shall be deposited in the Oklahoma Community Sentencing
Revolving Fund created as provided in Section 557.1 of Title 57 of
the Oklahoma Statutes, and shall be credited to the local
jurisdiction making such deposit. The Community Sentencing Division
within the Department of Corrections and every local planning council
are authorized to apply for and accept grants, gifts, bequests and
other lawful money from nonprofit private organizations, for-profit
organizations, political subdivisions of this state, the United
States, and private citizens to support or expand the community
sentencing system.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 16, eff. July 1, 1999.
Amended by Laws 2000, c. 39, § 1, emerg. eff. April 10, 2000; Laws
2002, c. 165, § 5, eff. July 1, 2002.
§22-988.17. Development and use of community sentence assessment and
evaluation tests.
A. The Department of Corrections shall utilize the Level of
Services Inventory (LSI) assessment instrument, or another assessment
that evaluates criminal risk to recidivate, to evaluate all eligible
offenders sentenced to community punishments under the Oklahoma
Community Sentencing Act. This assessment shall not be waived and is
required for eligibility determination.
B. The Administrative Office of the Courts shall assist in
promulgating instructions and forms necessary for the courts' use of
the required assessment. In collaboration with the Department of
Corrections, all state agencies shall provide technical assistance
necessary to implement and monitor the Oklahoma Community Sentencing
Act in the areas of their expertise and experience, and shall offer
services to local community sentencing systems.
C. All participating state agencies and local planning councils
are directed to promulgate rules necessary to implement the
provisions of the Oklahoma Community Sentencing Act. When
promulgating the rules, participating state agencies and local
planning councils shall collaborate with the Division so their rules
enhance the effectiveness of the statewide community sentencing
0"* "".$! "!.! "45-
system and statewide goals established for the criminal justice
system.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 17, eff. July 1, 1999.
§22-988.18. Assessment and evaluation of defendants.
A. On and after March 1, 2000, for each felony offender
considered for any community punishment pursuant to the Oklahoma
Community Sentencing Act, the judge shall, prior to sentencing, order
an assessment and evaluation of the defendant as required by law.
The judge may determine that no additional assessment is required if
one was completed within the last six (6) months.
B. The risk and needs assessment and evaluation instrument
designed to predict risk to recidivate approved by the Department of
Corrections, shall be required to determine eligibility for any
offender sentenced pursuant to the Oklahoma Community Sentencing Act.
The completed assessment accompanied by a written supervision plan
shall be presented to and reviewed by the court prior to determining
any punishment for the offense. The purpose of the assessment shall
be to identify the extent of the deficiencies and pro-social needs of
the defendant, the potential risk to commit additional offenses that
threaten public safety, and the appropriateness of various community
punishments.
C. Upon order of the court, the defendant shall be required to
submit to the risk and needs assessment which shall be administered
and scored by an appropriately trained person pursuant to a service
agreement with the local community sentencing system. Any defendant
lacking sufficient skills to comprehend or otherwise participate in
the assessment and evaluation shall have appropriate assistance. If
it is determined that the offender cannot be adequately evaluated
using the risk and needs assessment, the offender shall be deemed
ineligible for any community services pursuant to the Oklahoma
Community Sentencing Act, and shall be sentenced as prescribed by law
for the offense.
D. The willful failure or refusal of the defendant to be
assessed and evaluated by using the risk and needs assessment shall
preclude the defendant from eligibility for any community punishment.
E. The completed risk and needs assessment, shall include a
written supervision plan and identify an appropriate community
punishment, if any, when the offender is considered eligible for
community punishments based upon the completed risk/need score from
the risk and needs assessment of the offender. Unless otherwise
prohibited by law, only eligible offenders, as defined in Section
988.2 of this title, shall be eligible for any state-funded community
punishments.
F. The court is not required to sentence any offender to a
community punishment regardless of an eligible score on the risk and
needs assessment. Any felony offender scoring in the low risk/need
0"* "".$! "!.! "452
levels on the risk and needs assessment may be sentenced to a
suspended sentence with minimal, if any, conditions of the sentence
to be paid by the offender. If the risk and needs assessment has
been conducted, the evaluation report shall accompany the judgment
and sentence, provided the risk and needs assessment indicates the
offender is in need of this level of supervision and treatment.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 18, eff. July 1, 1999.
Amended by Laws 2002, c. 165, § 6, eff. July 1, 2002; Laws 2011, c.
218, § 3, eff. Nov. 1, 2011; Laws 2018, c. 128, § 6, eff. Nov. 1,
2018; Laws 2019, c. 25, § 18, emerg. eff. April 4, 2019.
NOTE: Laws 2018, c. 85, § 1 repealed by Laws 2019, c. 25, § 19,
emerg. eff. April 4, 2019.
§22-988.19. Sentencing.
A. When ordering a community sentence or community punishment,
the court shall first impose a deferred or suspended sentence for the
offense as prescribed by law, and shall then order the appropriate
community punishment as a condition of that deferred or suspended
sentence. The design of the community punishment shall be based upon
the supervision and intervention report from the risk and needs
assessment. The local community sentencing system administrator
shall have authority for all offender placements within the local
community sentencing system pursuant to the court-ordered community
sentence.
B. Persons convicted of or pleading guilty or nolo contendere to
a combination of misdemeanor and felony offenses may receive services
from a local community sentencing system when the county agrees in
writing to pay the Community Sentencing Division within the
Department of Corrections for the actual costs of services used for
misdemeanor cases. No state funds shall be used to pay for
misdemeanor offenses.
C. Any time during the term of a community sentence, the court
imposing the sentence may modify any previous provision as provided
in this section.
D. Upon consideration of a properly filed motion to modify a
community sentence pursuant to the provisions of this section, the
staff of the community sentencing system in which the offender is
ordered to participate, the sheriff, the district attorney, the
service provider, or any agency or person providing supervision of
the offender shall provide the court with any reports and other
information available and relating to the offender, and to the reason
for the motion to modify the sentence. The court shall consider any
reports and information submitted prior to modifying the sentence.
E. If the court considers a motion to modify a community
sentence, a hearing shall be held in open court. The notice of the
hearing shall be given to the offender, the offender's legal counsel,
and the district attorney of the county in which the offender was
0"* "".$! "!.! "455
convicted not less than ten (10) days prior to the hearing. A copy
of any reports to be presented to the court shall accompany the
notice of hearing.
F. Following the hearing, the court shall enter the appropriate
order authorized by law. The court may modify any community sentence
by imposing any other punishment allowed by law for the offense and
appropriate for the circumstances as determined by the discretion of
the judge; provided, however, no punishment shall be imposed which is
greater than the maximum punishment allowed by law for the original
offense. The court shall give the offender day-for-day credit on any
modified sentence for any term of incarceration imposed. The court
may impose either a disciplinary sanction or an incentive as provided
in Section 988.20 of this title in lieu of or together with any
modification authorized by this section.
G. The court shall not be limited on the number of modifications
a sentence may have within the term of the community sentence.
H. Any offender who files a meritless or frivolous motion to
modify a community sentence shall pay the costs of the proceeding and
may be sanctioned as deemed appropriate by the court.
I. The court may revoke or accelerate a community punishment to
the original sentence imposed during the term of the sentence. When
a community sentence is revoked to state imprisonment, the court
shall give a day-for-day credit for any term of incarceration
actually served as community punishment.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 19, eff. July 1, 1999.
Amended by Laws 2018, c. 128, § 7, eff. Nov. 1, 2018.
§22-988.20. Disciplinary sanctions or incentives.
A. Upon proper motion to the court to modify a community
sentence as provided in Section 988.19 of this title, the judge shall
have authority to impose disciplinary sanctions or incentives. An
order for a disciplinary sanction shall not modify the terms of the
original sentence and shall be imposed only to gain compliance with
the terms of the court-ordered community punishment. The court may
order any community punishment available and funded in the
jurisdiction that is deemed appropriate by the judge for the
circumstance including, but not limited to, a term of imprisonment
specified in Section 991b of this title per motion for modification
in either:
1. The county jail;
2. A residential treatment facility;
3. A restrictive housing facility; or
4. A halfway house.
When the offender is to be confined, the sheriff shall, upon order of
the court, deliver the offender to the designated place of
confinement, provided the place of confinement has an agreement for
confinement services with the local community sentencing system or is
0"* "".$! "!.! "457
the county jail. The sheriff shall be reimbursed by the local
community sentencing system for transporting offenders pursuant to
this subsection. The offender shall be given day-for-day credit for
any terms of incarceration served in the county jail or other
restrictive facility when the sentence is modified.
B. The court may, through a standing court order, provide for
specific sanctions and incentives which may be utilized by the local
administrator upon notification to the court.
C. When a motion for modification has been filed pursuant to
Section 988.19 of this title, the court shall have authority to offer
incentives to offenders to encourage proper conduct in the community
and for compliance with the community punishments. The court shall
use its discretion in ordering appropriate incentives. Incentives
shall be considered a reduction and modification to the community
punishment and may be ordered after the motion to modify has been
heard.
D. When any offender is disciplined by the court as authorized
by this section and is to be imprisoned in the county jail or other
restrictive facility, the sheriff or facility administrator shall
receive compensation as provided by their agreement with the local
community sentencing system, or the sheriff or facility administrator
shall be paid directly for the services by the offender when ordered
to pay for the confinement as part of the disciplinary sanction. In
no event shall any compensation for disciplinary confinement exceed
the maximum amount provided for county jail confinement in Section
38.1 of Title 57 of the Oklahoma Statutes.
E. The Department of Corrections is prohibited from accepting
offenders into any state penitentiary for disciplinary sanctions.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 20, eff. July 1, 1999.
Amended by Laws 2000, c. 39, § 2, emerg. eff. April 10, 2000; Laws
2018, c. 128, § 8, eff. Nov. 1, 2018.
§22-988.21. Earned credits.
Any law directing earned credits during periods of imprisonment
or otherwise, including Sections 20, 58.3, 138, 138.1 and 224 of
Title 57 of the Oklahoma Statutes and Section 615 of Title 69 of the
Oklahoma Statutes, shall not be applicable to persons sentenced to a
community sentence pursuant to the provisions of the Oklahoma
Community Sentencing Act. Day-for-day credits for any term of
incarceration served as part of a community punishment shall be given
to offenders who have community sentences revoked to county jail or
state prison and also shall be given when a community sentence is
modified.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 21, eff. July 1, 1999.
§22-988.22. Completion of community sentence.
0"* "".$! "!.! "458
A. Any offender ordered to participate in the local community
sentencing system shall be advised of the conditions of the specific
program or service to which he or she is assigned.
B. Upon completion of any court-ordered provision, pursuant to
the Oklahoma Community Sentencing Act, the administrator of the local
system shall file a statement with the court defining the provision
which has been successfully completed. When all court-ordered
provisions have been successfully completed the defendant shall be
deemed to have completed the community punishment.
C. The provisions of the Oklahoma Community Sentencing Act shall
not confer any rights upon the defendant to avoid a term of
imprisonment prescribed by law for the offense, nor grant any
additional rights to appeal for failure to be offered any specific
punishment or treatment option available to the court.
D. A community sentence pursuant to the Oklahoma Community
Sentencing Act shall not require active supervision, programs or
services for more than three (3) years, but may continue beyond the
three-year limitation for purpose of completing court-ordered
restitution payments.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 22, eff. July 1, 1999.
Amended by Laws 2002, c. 165, § 7, eff. July 1, 2002; Laws 2018, c.
128, § 9, eff. Nov. 1, 2018.
§22-988.23. Immunity from liability.
All state and local government agencies and their officers and
employees, citizens serving as members of a community sentencing
planning council, community service agencies, nonprofit
organizations, educational or vocational-technical entities, and
other providers participating in a community sentencing system or
contracting to provide services to the system pursuant to the
provisions of the Oklahoma Community Sentencing Act are hereby
granted immunity from liability for acts of any offender
participating in a community sentencing system pursuant to the
provisions of the Administrative Workers' Compensation Act and for
torts committed by or against any offender participating in a
community sentencing system to the extent specified in Sections 227
and 228 of Title 57 of the Oklahoma Statutes or as provided in the
Governmental Tort Claims Act.
Added by Laws 1999, 1st Ex. Sess., c. 4, § 23, eff. July 1, 1999.
Amended by Laws 2015, c. 331, § 3, eff. Nov. 1, 2015.
§22-988.24. Community sentencing program pilot projects for persons
whose suspended sentences have been revoked.
The Department of Corrections may establish pilot projects that
allow a person whose suspended sentence has been revoked by the court
to participate in the community sentencing program, subject to the
availability of funds.
0"* "".$! "!.! "459
Added by Laws 2002, c. 91, § 1, eff. July 1, 2002.
§22-990. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff. July
1, 1999.
§22-990.1. Uniform supervision form - Requisites.
A. The Administrative Office of the Courts in collaboration with
the Department of Corrections through both the Community Corrections/
Probation and Parole Division and the Community Sentencing Division
shall establish a uniform supervision form to be distributed to and
used by the district courts of this state for felony offenders
sentenced to supervision under a sentence of probation, a suspended
sentence, a split sentence, a delayed sentence, and a community
sentence. The form shall comply with the provisions of Section 990
of Title 22 of the Oklahoma Statutes and any other statutory
authority for supervision of court orders. The form shall provide
sufficient space for the sentencing judge to write orders for
specific conditions of the sentence as provided in paragraph B of
Section 987.8 of Title 22 of the Oklahoma Statutes and for orders
enumerating amounts, schedules, and designation of payments for
restitution, reimbursements, repayments, costs, fees, court costs,
and statutory fines. The form shall be completed and implemented by
July 1, 1998.
B. The Administrative Office of the Courts shall promulgate
rules necessary to carry out the implementation of the provisions of
this section by the judiciary. The Department of Corrections through
both the Community Corrections/Probation and Parole Division and the
Community Sentencing Division shall promulgate rules necessary to
carry out the implementation of the provisions of this section by
persons under their authority.
Added by Laws 1998, c. 191, § 1.
§22-990a-1. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-990a-1.1. Sentencing procedures.
When sentencing an eligible offender on or after March 1, 2000,
to a community punishment, the sentencing court shall impose a
deferred or suspended sentence and then proceed to determine at the
sentencing hearing the terms and conditions of the community
punishment which shall be ordered as conditions of the deferred or
suspended sentence.
Added by Laws 1999, 1st Ex.Sess., c. 4, § 24, eff. July 1, 1999.
§22-991a. See the following versions:
OS 22-991av1 (SB 1068, Laws 2019, c. 453, § 1).
OS 22-991av2 (HB 3718, Laws 2018, c. 304, § 10).
0"* "".$! "!.! "47:
§22-991a-2. Nonviolent felony offenders - County jail imprisonment -
Fines and costs.
A. Any person who has been convicted of a nonviolent felony
offense in this state may be sentenced, at the discretion of the
judge, to incarceration in the county jail for a period of one or
more nights or weekends with the remaining portion of each week being
spent under supervision. County jail imprisonment pursuant to the
provisions of this section for felony offenders shall be:
1. Prescribed by law for the particular felony; or
2. A condition of a suspended sentence.
B. In addition to incarceration, the court may impose any fine,
cost assessment, or other punishment provision allowed by law;
provided, however, the punishment when taken in its entirety with the
jail term shall not impose a greater punishment than allowed by law
for the offense.
C. Any person incarcerated in the county jail pursuant to the
provisions of this section may be assigned work duties as ordered or
approved by the judge. The sentencing court may require a person
incarcerated pursuant to the provisions of this section to pay the
county, for food and maintenance for each day of incarceration, an
amount equal to the maximum amount prescribed by law to be paid by
the county to the sheriff for such expenses. If the judge does not
so order, the Department of Corrections shall reimburse the county
for the cost of feeding and care of the person during such periods of
incarceration.
D. Any person incarcerated pursuant to the provisions of this
section shall not be considered to be in the custody of the
Department of Corrections or an inmate of the Department. The person
shall be deemed to be in the custody of the county.
E. When the court sentences a person to incarceration pursuant
to the provisions of this section in conjunction with a suspended
sentence, the court shall have the authority to revoke any unserved
portion of the suspended sentence as provided by law.
F. For the purposes of subsection A of this section, weekend
incarceration shall commence at 6 p.m. on Friday and continue until 8
a.m. on the following Monday, and incarceration overnight shall
commence at 6 p.m. on one day and continue until 8 a.m. of the next
day. Provided, that the sentencing judge may modify the
incarceration times if the circumstances of the particular case
require such action. Persons who have been sentenced to
incarceration in the county jail under the provisions of this section
will not have to be processed through the Lexington Assessment and
Reception Center prior to incarceration.
Added by Laws 1983, c. 130, § 1, emerg. eff. May 19, 1983. Amended
by Laws 1997, c. 133, § 66, eff. July 1, 1999; Laws 1999, 1st Ex.
Sess., c. 5, § 17, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 4,
0"* "".$! "!.! "47
§ 26, eff. July 1, 1999; Laws 2008, c. 366, § 4, emerg. eff. June 3,
2008.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 66 from July 1, 1998, to July 1, 1999.
§22-991a-3. Restitution of buyer of property unlawfully obtained.
A. Upon a verdict or plea of guilty or upon a plea of nolo
contendere for an offense in which any property is unlawfully
obtained and the property is sold, traded, bartered, pledged or
pawned, the court may order the defendant to provide restitution to
the buyer, recipient or pledgee of the property for the value of any
consideration paid, loaned or given for the property unless the
buyer, recipient or pledgee has violated the provisions of Section
1092, 1093 or 1713 of Title 21 of the Oklahoma Statutes. Such
restitution shall be in addition to any restitution to the victim and
shall be in addition to any other penalties provided by law.
Restitution to the buyer, recipient or pledgee shall be ordered
pursuant to the provisions of subparagraph a of paragraph 1 of
subsection A of Section 991a of Title 22 of the Oklahoma Statutes.
B. The buyer of any property which has been unlawfully obtained
and which is lawfully returned to its rightful owner shall have the
right to bring a civil action against the person who sold, traded,
bartered, pledged or pawned the property for the value of any
consideration paid, loaned or given for the property unless the buyer
has violated the provisions of Section 1092, 1093 or 1713 of Title 21
of the Oklahoma Statutes.
Added by Laws 1987, c. 152, § 1, eff. Nov. 1, 1987.
§22-991a-4. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-991a-4.1. Community Service Sentencing Program.
A. There is hereby re-created the “Community Service Sentencing
Program”. This program is a continuation of the program established
in 1988 by Section 991a-4 of Title 22 of the Oklahoma Statutes. The
purpose of the program shall be to provide an alternative to
incarceration for nonviolent felony offenders who would normally be
sentenced to incarceration in a state institution.
B. Any eligible offender may be sentenced, at the discretion of
the judge, to a Community Service Sentencing Program pursuant to the
provisions of this section. For purposes of this section, “eligible
offender” shall mean any person who:
1. Is not participating in the Delayed Sentencing Program for
Young Adults pursuant to the provisions of Sections 996 through 996.3
of Title 22 of the Oklahoma Statutes;
2. Has not previously been convicted of two or more felonies;
0"* "".$! "!.! "47
3. Has been convicted of a nonviolent felony offense which shall
be defined as any felony offense except assault and battery with a
dangerous weapon, aggravated assault and battery on a law officer,
poisoning with intent to kill, shooting with intent to kill, assault
with intent to kill, assault with intent to commit a felony, murder
in the first degree, murder in the second degree, manslaughter in the
first degree, manslaughter in the second degree, kidnapping, burglary
in the first degree, kidnapping for extortion, maiming, robbery,
child beating, wiring any equipment, vehicle, or structure with
explosives, forcible sodomy, rape in the first degree or rape by
instrumentation, lewd or indecent proposition or lewd or indecent act
with a child under sixteen (16) years of age, use of a firearm or
offensive weapon to commit or attempt to commit a felony, pointing
firearms, rioting or arson in the first degree;
4. Has properly completed and executed all necessary documents;
and
5. Is not otherwise ineligible by law or court rule.
C. The Department of Corrections shall administer the Program,
except in counties with a population of five hundred fifty thousand
(550,000) or more persons that operate an existing program. The
Department shall conduct a presentence investigation pursuant to the
provisions of Section 982 of Title 22 of the Oklahoma Statutes if the
court determines the offender is to be assigned to the Program. As
part of such presentence investigation, the Department shall
interview the offender and advise the offender of the requirements
and conditions of the Program. The Department shall recommend an
assignment of the offender to any one or combination of the following
areas:
1. Community service, with or without compensation;
2. Education, vocational-technical education or literacy
programs;
3. Substance abuse treatment programs;
4. Periodic testing for the presence of controlled substances;
5. Psychological counseling or psychiatric treatment;
6. Medical treatment;
7. Restitution, to be paid either to the victim of the offense
or to the Crime Victims Compensation Revolving Fund created pursuant
to the provisions of Section 142.17 of Title 21 of the Oklahoma
Statutes;
8. Confinement in a county jail for a period not to exceed one
(1) year, night or weekend incarceration pursuant to the provisions
of Section 991a-2 of Title 22 of the Oklahoma Statutes or
incarceration by the Department of Corrections; provided, the
Department of Corrections shall reimburse a county which does not
receive payments from any other source for the cost of the necessary
expenses of such persons during periods of such incarceration in an
amount not to exceed Twenty Dollars ($20.00) per day and any county
0"* "".$! "!.! "47+
receiving such payments in an amount not to exceed Ten Dollars
($10.00) per day. The Department shall reimburse the county for the
actual cost paid for any emergency medical care for physical injury
or illness of such persons if the county is required by law to
provide such care for inmates in the jail. The reimbursements
provided by this section shall not exceed the cost that would have
accrued to the state for the feeding, care or medical care of the
persons had they been incarcerated with the Department. Except as
otherwise provided by law, all provisions of the Oklahoma Corrections
Act of 1967, Section 501 et seq. of Title 57 of the Oklahoma
Statutes, shall apply to such persons, including but not limited to
any provisions requiring payment by such persons of the costs of
incarceration; or
9. Probation or conditional probation.
D. In counties with a population of five hundred fifty thousand
(550,000) or more persons that operate an existing program, the
Department of Corrections is hereby authorized to reimburse the
county sheriff, pursuant to paragraph 8 of subsection C of this
section, the cost of necessary expenses for confinement in the county
jail for any eligible offender as defined in subsection B of this
section. Such reimbursement shall be subject to appropriation by the
Legislature. The Department may promulgate rules and procedures for
submitting claims for reimbursements.
E. The judge shall consider the criminal history of the
offender, the nature of the offender's criminal conduct, the
employment and family history of the offender and any other factors
the judge deems relevant when sentencing persons to the Program.
Following the presentence investigations and recommendation, the
judge shall impose sentence. The judge may accept the
recommendation, with or without modifications thereto, or may reject
the recommendation and impose any sentence allowed by law.
F. The provisions of Sections 20, 58.3, 138, 138.1 and 224 of
Title 57 of the Oklahoma Statutes and Section 615 of Title 69 of the
Oklahoma Statutes and any other provisions of law relating to earned
credits for certain acts or service shall not apply to persons
participating in the Program. The judge may establish a schedule of
earned credits as part of the sentence.
G. The Department shall establish a list of federal, state and
local government agencies, community service agencies, nonprofit
organizations, educational programs and other treatment programs
willing to participate in the program to which offenders may be
referred. The Department shall periodically contact agencies,
organizations and programs to which offenders are assigned to
determine if offenders have reported and performed satisfactorily.
Any such agency or program shall immediately notify the Department if
an offender fails to fulfill any requirement of the Program. The
0"* "".$! "!.! "47-
Department or the sentencing judge may require additional
documentation of the offender's work performance.
H. The Department shall ensure that the sentencing judge and
prosecuting attorney are notified in writing when an offender has
successfully completed the assigned community service hours or other
requirements of the Program or has failed to complete the
requirements and provide any other relevant information required by
the sentencing judge or prosecuting attorney.
I. All state and local government agencies, community service
agencies, nonprofit organizations, educational programs and other
treatment programs participating in the Program are hereby immune
from liability for any offender participating in the Program under
the Workers' Compensation Act, Section 1 et seq. of Title 85 of the
Oklahoma Statutes, and for torts committed by or against any offender
participating in the Program to the extent specified in Sections 227
and 228 of Title 57 of the Oklahoma Statutes.
J. Any offender participating in the Program shall be advised of
the provisions of this section and shall, in writing, acknowledge
that the offender has been advised of and understands the provisions
of the Program.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 18, eff. July 1, 1999.
§22-991a-5. Repealed by Laws 1998, c. 133, § 603, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
§22-991a-6. Repealed by Laws 1998, c. 133, § 603, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
§22-991a-7. Repealed by Laws 1998, c. 133, § 603, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
§22-991a-8. Repealed by Laws 1998, c. 133, § 603, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
§22-991a-9. Repealed by Laws 1998, c. 133, § 603, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
§22-991a-10. Repealed by Laws 1998, c. 133, § 603, eff. July 1,
1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
0"* "".$! "!.! "472
§22-991a-11. Repealed by Laws 1998, c. 133, § 603, eff. July 1,
1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
§22-991a-12. Repealed by Laws 1998, c. 133, § 603, eff. July 1,
1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 603 from July 1, 1998, to July 1, 1999.
§22-991a-13. Short title.
Sections 442 through 449 of this act shall be known and may be
cited as the “Elderly and Incapacitated Victim's Protection Program”.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 442, eff. July 1, 1999.
§22-991a-14. Purpose.
The purpose and intent of the Elderly and Incapacitated Victim's
Protection Program is to provide enhanced sentencing for persons
committing certain offenses against elderly or incapacitated persons.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 443, eff. July 1, 1999.
§22-991a-15. Definitions.
As used in the Elderly and Incapacitated Victim's Protection Act:
1. “Elderly person” means any person sixty-two (62) years of age
or older; and
2. “Incapacitated person” means any person who is disabled by
reason of mental or physical illness or disability to such extent the
person lacks the ability to effectively protect self or property.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 444, eff. July 1, 1999.
Amended by Laws 2008, c. 314, § 3, eff. July 1, 2008.
§22-991a-16. Offenses to which program applies.
The provisions of the Elderly and Incapacitated Victim's
Protection Act shall apply to any person convicted of one or more of
the following offenses where the victim is an elderly or
incapacitated person as defined in Section 991a-15 of this title:
1. Assault, battery, or assault and battery with a dangerous
weapon;
2. Aggravated assault and battery;
3. Burglary in the second degree;
4. Use of a firearm or offensive weapon to commit or attempt to
commit a felony, or pointing a firearm;
5. Grand larceny;
6. Extortion, or obtaining a signature by extortion;
7. Fraud, or obtaining or attempting to obtain property by trick
or deception;
8. Embezzlement; or
0"* "".$! "!.! "475
9. Caretaker abuse, neglect or exploitation.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 445, eff. July 1, 1999.
Amended by Laws 2008, c. 314, § 4, eff. July 1, 2008.
§22-991a-17. Enhancement of sentence.
Whenever a person is convicted of an offense enumerated in
Section 445 of this act in which the victim is elderly or
incapacitated, the court shall upon conviction:
1. Commit the defendant for confinement as provided by law;
provided, the first thirty (30) days of the sentence shall not be
subject to probation, suspension or deferral; provided further, this
mandatory minimum period of confinement shall be served in the county
jail as a condition of a suspended or deferred sentence, pursuant to
Section 991a of Title 22 of the Oklahoma Statutes and may be served
by night or weekend incarceration pursuant to Section 991a-2 of Title
22 of the Oklahoma Statutes; and
2. a. Require restitution be paid to the victim for out-of-
pocket expenses, loss or damage to property and medical
expenses for injury proximately caused by the conduct
of the defendant pursuant to Section 447 of this act,
or
b. Assign the offender to perform a required term of
community service, according to a schedule consistent
with the employment and family responsibility of the
person convicted, or
c. Require restitution as provided in subparagraph a of
this paragraph and community service as provided in
subparagraph b of this paragraph; and
3. The court may further impose a fine or any other penalty
otherwise provided by law.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 446, eff. July 1, 1999.
§22-991a-18. Restitution to victim – Modification or revocation of
sentence.
A. The court shall at the time of sentencing:
1. Determine whether the property may be restored in kind to the
owner or the person entitled to possession thereof;
2. Determine whether defendant is possessed of sufficient skill
to repair and restore property damaged;
3. Provide restitution to the victim according to a schedule of
payments established by the sentencing court, together with interest
upon any pecuniary sum at the rate of twelve percent (12%) per annum,
if the defendant agrees to pay such restitution or, in the opinion of
the court, the defendant is able to pay such restitution without
imposing manifest hardship on the defendant or the immediate family
of the defendant; and
0"* "".$! "!.! "477
4. Determine the extent of the out-of-pocket expenses, loss or
damage to property and injury to the victim proximately caused by the
conduct of the defendant.
B. The court shall allow credit for property returned in kind,
for property damages ordered to be repaired by the defendant, and for
property ordered to be restored by the defendant and after granting
such credit, the court shall assess the actual out-of-pocket
expenses, losses, damages and injuries suffered by the victim.
C. In no event shall a victim be entitled to recover restitution
in excess of the actual out-of-pocket expenses, losses, damages and
injuries, proximately caused by the conduct of the defendant and
restitution shall not be ordered to be paid on account of pain or
suffering, provided however, that nothing in this section shall
abridge or preclude any victim from the civil right to recover
damages by separate civil cause of action brought against the
defendant.
D. If the defendant fails to pay restitution in the manner or
within the time period specified by the court, the court may enter an
order directing the sheriff to seize any real or personal property of
the defendant to the extent necessary to satisfy the order of
restitution and dispose of such property by public sale. All property
seized for the purposes of satisfying restitution shall be seized
under the procedures established in Section 448 of this act.
E. A sentence including provisions of restitution may be
modified or revoked by the court if the offender commits another
offense, or the offender fails to make restitution as ordered by the
court, but no sentencing provision to make restitution shall be
modified if the court finds that the offender has had the financial
ability to make restitution, and the offender has willfully refused
to do so. If the court shall find that the defendant has failed to
make restitution and that the failure is not willful, the court may
impose an additional period of time within which to make restitution.
The length of said additional period shall not be more than two (2)
years. The court shall retain all of the incidents of the original
sentence, including the authority to revoke or further modify the
sentence if the conditions of payment are violated during such
additional period.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 447, eff. July 1, 1999.
§22-991a-19. Seizure of property – Forfeiture for sale – Notice and
hearing – Petition for return – Release of property.
A. Any peace officer of this state shall seize any property,
except property exempt under Section 1 of Title 31 of the Oklahoma
Statutes, to be held until a forfeiture for sale has been declared or
release ordered.
B. Within ten (10) days from the time the property is seized,
notice of seizure and intended forfeiture proceeding shall be filed
0"* "".$! "!.! "478
in the office of the clerk of the district court for the county in
which the property is seized and shall be given all owners and
parties in interest.
C. Notice shall be given by the party seeking forfeiture and
sale according to the following methods:
1. Upon each owner or party in interest whose right, title or
interest is of record at the Tax Commission, by mailing a copy of the
notice by certified mail to the address shown upon the records of the
Tax Commission;
2. Upon each owner or party in interest whose name and address
is known to the attorney or the party seeking the action to recover
unpaid restitution, by mailing a copy of the notice by registered
mail to the last-known address; and
3. Upon all other owners or interested parties, whose addresses
are unknown, but who are believed to have an interest in the
property, by one publication in a newspaper of general circulation in
the county where the seizure was made.
D. Within sixty (60) days after the mailing and publication of
the notice, the owner of the property and any other party in interest
or claimant may file a verified answer and claim to the property
described in the notice.
E. If at the end of sixty (60) days after the notice has been
mailed or published there is no verified answer on file, the court
shall hear evidence upon the fact of exemption under Section 1 of
Title 31 of the Oklahoma Statutes and shall order the property
forfeited and sold to pay restitution, if such property is not proved
exempt.
F. If a verified answer is filed, the forfeiture for sale
proceeding shall be set for hearing not less than ten (10) days nor
more than sixty (60) days after the filing of the answer.
G. At a hearing on the forfeiture, the evidence of ownership and
exemption under Section 1 of Title 31 of the Oklahoma Statutes shall
be satisfied by a preponderance of the evidence.
H. The claimant of any right, title or interest in the property
may prove a lien, mortgage or conditional sales contract to be a bona
fide ownership interest by a preponderance of the evidence.
I. In the event of such proof, the court shall order the
property released to the bona fide owner, lienholder, mortgagee or
vendor if the amount due such party is equal to, or in excess of, the
value of the property as of the date of the seizure, it being the
intention of this section to forfeit only the right, title or
interest of the offender.
J. If the amount due to such person is less than the value of
the property, or if no bona fide claim is established, the property
shall be forfeited and sold under judgment of the court, as on sale
upon execution.
0"* "".$! "!.! "479
K. Property taken or detained under this section shall not be
repleviable, but shall be deemed to be in the custody of the office
of the district attorney of the county in which the property was
seized, subject only to the orders and decrees of the court having
jurisdiction thereof.
L. The proceeds of the sale of any property shall be distributed
as follows, in the order indicated:
1. To the bona fide purchaser, conditional sales vendor or
mortgagee of the property, if any, up to the amount of such party’s
interest in the property, when the court declaring the forfeiture
orders a distribution to such person;
2. To the payment of the actual expenses of storing the
property;
3. To the payment of court costs and costs of the sheriff in
conducting the sale;
4. To the payment of restitution to the victim; and
5. The balance of the proceeds of such sale shall be paid to the
defendant.
M. If the court finds that the party seeking the forfeiture
failed to satisfy the requirements provided for in subsection G of
this section, the court shall order the property released to the
owner or owners.
N. Upon failure to give the notice of seizure and intended
forfeiture as provided in subsections B and C of this section, any
owner or party in interest may petition the court for return of the
property. The court shall schedule a hearing within ten (10) days of
the filing of the petition for return of the property. The
petitioner shall be required to prove ownership interest or other
claim to the property, and the court shall return the property if the
claim is proved by a preponderance of the evidence and the property
is not otherwise required as evidence in a criminal prosecution.
Failure to give the notice of seizure and intended forfeiture shall
not be construed to prohibit, deny, void or dismiss any criminal
prosecution or serve as grounds for any motion to suppress evidence.
O. In addition to other provisions of this section, seized
property shall be released upon the following conditions:
1. Dismissal of a forfeiture proceeding;
2. Failure to file criminal charges within ninety (90) days from
the date of seizure, provided the property is held as evidence and
not forfeited to the state or returned to an owner or party in
interest as provided in subsection N of this section. Provided,
however, the district attorney may request the court to grant an
extension beyond the ninety-day limitation for filing charges if a
criminal investigation may result in charges being filed after that
time. If an extension to file criminal charges is granted, the
seized property may be held until the court orders the property
released; or
0"* "".$! "!.! "48:
3. Dismissal or acquittal of criminal charges, provided the
property is held as evidence and not forfeited to the state or
returned to an owner or party in interest as provided in subsection N
of this section.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 448, eff. July 1, 1999.
§22-991a-20. Second and subsequent offenses.
A. Every person who, having been convicted of any offense
against an elderly or incapacitated person, as enumerated in Section
445 of this act, commits any crime against an elderly or
incapacitated person after such conviction is punishable as follows:
1. If the offense of which such person is subsequently convicted
is such that upon a first conviction an offender would be punishable
by imprisonment in the State Penitentiary for any term exceeding five
(5) years, such person is punishable by imprisonment in the State
Penitentiary for a term not less than ten (10) years; or
2. If such subsequent offense is such that upon a first
conviction the offender would be punishable by imprisonment in the
State Penitentiary for five (5) years or less, then the person
convicted of such subsequent offense is punishable by imprisonment in
the State Penitentiary for a term not exceeding fifteen (15) years.
B. Every person who, having been twice convicted of felony
offenses against an elderly or incapacitated person, commits a third
felony offense against an elderly or incapacitated person within ten
(10) years of the date following the completion of the execution of
the first sentence, shall be punishable by imprisonment in the State
Penitentiary for a term of not less than twenty (20) years.
C. All felony offenses arising out of the same transaction or
occurrence or series of events closely related in time and location
shall be considered as one offense for the purposes of this section.
D. Nothing in this section shall affect the punishment by death
or life imprisonment without parole in all crimes now or hereafter
made punishable by death or life imprisonment without parole.
Added by Laws 1999, 1st Ex.Sess., c. 5, § 449, eff. July 1, 1999.
§22-991a-21. Post-imprisonment supervision.
A. For persons convicted and sentenced on or after November 1,
2012, the court shall include in the sentence of any person who is
convicted of a felony and sentenced to a term of confinement with the
Department of Corrections, as provided in Section 991a of Title 22 of
the Oklahoma Statutes or any other provision of the Oklahoma
Statutes, a term of post-imprisonment supervision. The post-
imprisonment supervision shall be for a period of not less than nine
(9) months nor more than one (1) year following confinement of the
person and shall be served under conditions prescribed by the
Department of Corrections. In no event shall the post-imprisonment
0"* "".$! "!.! "48
supervision be a reason to reduce the term of confinement for a
person.
B. The court shall not include a term of post-imprisonment
supervision for any person who has been sentenced to life without
parole.
C. Should the offender fail to comply with the terms of post-
imprisonment supervision, the offender may be sanctioned to serve a
term of confinement of six (6) months in an intermediate revocation
facility.
D. Nothing in this section shall prevent the state from
revoking, in whole or in part, the post-imprisonment supervision,
probation or parole of a person for committing any misdemeanor or
felony while under such supervision, probation or parole.
Added by Laws 2012, c. 228, § 4, eff. Nov. 1, 2012.
§22-991b. Revocation of suspended sentence – Intermediate sanction
process – Technical violations.
A. Whenever a sentence has been suspended by the court after
conviction of a person for any crime, the suspended sentence of the
person may not be revoked, in whole or part, for any cause unless a
petition setting forth the grounds for such revocation is filed by
the district attorney with the clerk of the sentencing court and
competent evidence justifying the revocation of the suspended
sentence is presented to the court at a hearing to be held for that
purpose within twenty (20) days after the entry of the plea of not
guilty to the petition, unless waived by both the state and the
defendant. The State of Oklahoma may dismiss the petition without
prejudice one time upon good cause shown to the court, provided that
any successor petition must be filed within forty-five (45) days of
the date of the dismissal of the petition.
B. Whenever a sentence has been suspended by the court after
conviction of a person for any crime, the suspended sentence of the
person may not be revoked in whole for a technical violation unless a
petition setting forth the grounds for such revocation is filed by
the district attorney with the clerk of the sentencing court and
competent evidence justifying the revocation of the suspended
sentence is presented to the court at a hearing to be held for that
purpose within twenty (20) days after the entry of the plea of not
guilty to the petition, unless waived by both the state and the
defendant. The State of Oklahoma may dismiss the petition without
prejudice one time upon good cause shown to the court; provided, that
any successor petition must be filed within forty-five (45) days of
the date of the dismissal of the petition. Any revocation of a
suspended sentence based on a technical violation shall not exceed
six (6) months for a first revocation and five (5) years for a second
or subsequent revocation.
0"* "".$! "!.! "48
C. "Technical violation" as used in this section means a
violation of the court-imposed rules and conditions of probation,
other than:
1. Committing or being arrested for a new crime;
2. Attempting to falsify a drug screen, or three or more failed
drug or alcohol screens within a three-month period;
3. Failing to pay restitution;
4. Tampering with an electronic monitoring device;
5. Failing to initially report or missing assigned reporting
requirements for an excess of sixty (60) days;
6. Unlawfully contacting a victim, codefendant or criminal
associates;
7. Five or more separate and distinct technical violations
within a ninety-day period; or
8. Any violation of the Specialized Sex Offender Rules.
D. 1. The Department of Corrections shall develop a matrix of
technical violations and sanctions to address violations committed by
persons who are being supervised by the Department. The Department
shall be authorized to use a violation response and intermediate
sanction process based on the sanction matrix to apply to any
technical violations of probationers. Within four (4) working days
of the discovery of the violation, the probation officer shall
initiate the violation response and intermediate sanction process.
The sentencing judge may authorize any recommended sanctions, which
may include, but are not limited to: short-term jail or lockup, day
treatment, program attendance, community service, outpatient or
inpatient treatment, monetary fines, curfews, ignition interlock
devices on vehicles, or a one-time referral to a term of confinement
of six (6) months in an intermediate revocation facility operated by
the Department of Corrections; provided, upon approval of the
district attorney, a person may be sanctioned to serve additional
terms of confinement in an intermediate revocation facility. The
probation officer shall complete a sanction form, which shall specify
the technical violation, sanction, and the action plan to correct the
noncompliant behavior resulting in the technical violation. The
probation officer shall refer to the sanctioning matrix to determine
the supervision, treatment, and sanctions appropriate to address the
noncompliant behavior. The probation officer shall refer the
violation information and recommended response with a sanction plan
to the Department of Corrections to be heard by a hearing officer.
The Department of Corrections shall develop a sanction matrix, forms,
policies and procedures necessary to implement this provision. The
Department of Corrections shall establish procedures to hear
responses to technical violations and review sanction plans including
the following:
0"* "".$! "!.! "48+
a. hearing officers shall report through a chain of
command separate from that of the supervising probation
officers,
b. the Department shall provide the offender written
notice of the violation, the evidence relied upon, and
the reason the sanction was imposed,
c. the hearing shall be held unless the offender waives
the right to the hearing,
d. hearings shall be electronically recorded, and
e. the Department shall provide to judges and district
attorneys a record of all violations and actions taken
pursuant to this subsection.
2. The hearing officer shall determine based on a preponderance
of the evidence whether a technical violation occurred. Upon a
finding that a technical violation occurred, the hearing officer may
order the offender to participate in the recommended sanction plan or
may modify the plan. Offenders who accept the sanction plan shall
sign a violation response sanction form, and the hearing officer
shall then impose the sanction. Failure of the offender to comply
with the imposed sanction plan shall constitute a violation of the
rules and conditions of supervision that may result in a revocation
proceeding. If an offender does not voluntarily accept the
recommended sanction plan, the Department shall either impose the
sanction and allow the offender to appeal to the district court, or
request a revocation proceeding as provided by law. Every
administrative hearing and sanction imposed by the Department shall
be appealable to the district court.
3. Absent a finding of willful nonpayment by the offender, the
failure of an offender to pay fines and costs may not serve as a
basis for revocation, excluding restitution.
E. 1. Where one of the grounds for revocation is the failure of
the defendant to make restitution as ordered, the Department of
Corrections shall forward to the district attorney all information
pertaining to the failure of the defendant to make timely restitution
as ordered by the court, and the district attorney shall file a
petition setting forth the grounds for revocation.
2. The defendant ordered to make restitution can petition the
court at any time for remission or a change in the terms of the order
of restitution if the defendant undergoes a change of condition which
materially affects the ability of the defendant to comply with the
order of the court.
3. At the hearing, if one of the grounds for the petition for
revocation is the failure of the defendant to make timely restitution
as ordered by the court, the court will hear evidence and if it
appears to the satisfaction of the court from such evidence that the
terms of the order of restitution create a manifest hardship on the
defendant or the immediate family of the defendant, the court may
0"* "".$! "!.! "48-
cancel all or any part of the amount still due, or modify the terms
or method of payment. Provided, if the court determines that a
reduction in the restitution still due is warranted, the court shall
equally apply the same percentage reduction to any court-ordered
monetary obligation owed by the defendant including, but not limited
to, fines, court costs and costs of incarceration.
F. The court may revoke a portion of the sentence and leave the
remaining part not revoked, but suspended for the remainder of the
term of the sentence, and under the provisions applying to it. The
person whose suspended sentence is being considered for revocation at
the hearing shall have the right to be represented by counsel, to
present competent evidence in his or her own behalf and to be
confronted by the witnesses against the defendant. Any order of the
court revoking the suspended sentence, in whole or in part, shall be
subject to review on appeal, as in other appeals of criminal cases.
Provided, however, that if the crime for which the suspended sentence
is given was a felony, the defendant may be allowed bail pending
appeal. If the reason for revocation be that the defendant committed
a felony, the defendant shall not be allowed bail pending appeal.
G. Notwithstanding the provisions of subsections A and B of this
section, when the suspended sentence of a person is being considered
for revocation for an offense where the penalty has subsequently been
lowered to a misdemeanor, the sentence shall be modified to a term
that does not exceed the current maximum sentence.
Added by Laws 1969, c. 57, § 1. Amended by Laws 1972, c. 132, § 1,
emerg. eff. April 7, 1972; Laws 1976, c. 160, § 2, eff. Oct. 1, 1976;
Laws 1978, c. 128, § 1, eff. Oct. 1, 1978; Laws 1994, c. 320, § 2,
eff. Sept. 1, 1994; Laws 1997, c. 133, § 71, eff. July 1, 1999; Laws
1999, 1st Ex. Sess., c. 5, § 22, eff. July 1, 1999; Laws 2002, c.
460, § 19, eff. Nov. 1, 2002; Laws 2005, c. 374, § 1, eff. Nov. 1,
2005; Laws 2012, c. 228, § 5, eff. Nov. 1, 2012; Laws 2016, c. 33, §
1, eff. Nov. 1, 2016; Laws 2018, c. 128, § 11, eff. Nov. 1, 2018;
Laws 2019, c. 459, § 3, eff. Nov. 1, 2019.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 71 from July 1, 1998, to July 1, 1999.
§22-991c. See the following versions:
OS 22-991cv1 (SB 1068, Laws 2019, c. 453, § 2).
OS 22-991cv2 (HB 1269, Laws 2019, c. 459, § 4).
§22-991c-1. Repealed by Laws 1999, 1st Ex.Sess., c. 5, § 452, eff.
July 1, 1999.
§22-991d. Supervision fee.
A. 1. When the court orders supervision by the Department of
Corrections, or the district attorney requires the Department to
supervise any person pursuant to a deferred prosecution agreement,
0"* "".$! "!.! "482
the person shall be required to pay a supervision fee of Forty
Dollars ($40.00) per month during the supervision period, unless the
fee would impose an unnecessary hardship on the person. In hardship
cases, the Department shall expressly waive all or part of the fee.
The court shall make payment of the fee a condition of the sentence
which shall be imposed whether the supervision is incident to the
suspending of execution of a sentence, incident to the suspending of
imposition of a sentence, or incident to the deferral of proceedings
after a verdict or plea of guilty. The Department shall determine
methods for payment of supervision fee, and may charge a reasonable
user fee for collection of supervision fees electronically. The
Department is required to report to the sentencing court any failure
of the person to pay supervision fees and to report immediately if
the person violates any condition of the sentence.
2. When the court imposes a suspended or deferred sentence for
any offense and does not order supervision by the Department of
Corrections, the offender shall be required to pay to the district
attorney a supervision fee of Forty Dollars ($40.00) per month as a
fee to compensate the district attorney for the actual act of
supervising the offender during the applicable period of supervision.
In hardship cases, the district attorney shall expressly waive all or
part of the fee. Any fees collected by the district attorney
pursuant to this paragraph shall be deposited in the General Revenue
Fund of the State Treasury.
3. If restitution is ordered by the court in conjunction with
supervision, the supervision fee will be paid in addition to the
restitution ordered. In addition to the restitution payment and
supervision fee, a reasonable user fee may be charged by the
Department of Corrections to cover the expenses of administration of
the restitution, except no user fee shall be collected by the
Department when restitution payment is collected and disbursed to the
victim by the office of the district attorney as provided in Section
991f of this title or Section 991f-1.1 of this title.
B. The Pardon and Parole Board shall require a supervision fee
to be paid by the parolee as a condition of parole which shall be
paid to the Department of Corrections. The Department shall
determine the amount of the fee as provided for other persons under
supervision by the Department.
C. Upon acceptance of an offender by the Department of
Corrections whose probation or parole supervision was transferred to
Oklahoma through the Interstate Compact Agreement, or upon the
assignment of an inmate to any community placement, a fee shall be
required to be paid by the offender to the Department of Corrections
as provided for other persons under supervision of the Department.
D. Except as provided in subsection A and this subsection, all
fees collected pursuant to this section shall be deposited in the
Department of Corrections Revolving Fund created pursuant to Section
0"* "".$! "!.! "485
557 of Title 57 of the Oklahoma Statutes. For the fiscal year ending
June 30, 1996, fifty percent (50%) of all collections received from
offenders placed on supervision after July 1, 1995, shall be
transferred to the credit of the General Revenue Fund of the State
Treasury until such time as total transfers equal Three Million Three
Hundred Thousand Dollars ($3,300,000.00).
Added by Laws 1972, c. 121, § 1, emerg. eff. March 31, 1972. Amended
by Laws 1976, c. 160, § 4, eff. Oct. 1, 1976; Laws 1978, c. 273, §
16, emerg. eff. May 10, 1978; Laws 1981, c. 58, § 1, operative July
1, 1981; Laws 1988, c. 310, § 7, operative July 1, 1988; Laws 1995,
c. 286, § 7, eff. July 1, 1995; Laws 1996, c. 304, § 3, emerg. eff.
June 10, 1996; Laws 2001, c. 437, § 19, eff. July 1, 2001; Laws 2003,
c. 474, § 4, eff. Nov. 1, 2003; Laws 2005, c. 374, § 3, eff. Nov. 1,
2005; Laws 2006, c. 159, § 1, eff. July 1, 2006; Laws 2008, c. 345, §
1, eff. July 1, 2008; Laws 2009, c. 138, § 1, eff. July 1, 2009; Laws
2014, c. 414, § 1, eff. Nov. 1, 2014; Laws 2019, c. 453, § 3, eff.
July 1, 2019.
§22-991e. Repealed by Laws 1995, c. 286, § 16, eff. July 1, 1995.
§22-991f. Definitions.
A. For the purposes of any provision of Title 22 of the Oklahoma
Statutes relating to criminal sentencing and restitution orders and
for the Restitution and Diversion Program:
1. "Restitution" means the sum to be paid by the defendant to
the victim of the criminal act to compensate that victim for up to
three times the amount of the economic loss suffered as a direct
result of the criminal act of the defendant;
2. "Victim" means any person, partnership, corporation or legal
entity that suffers an economic loss as a direct result of the
criminal act of another person;
3. "Economic loss" means actual financial detriment suffered by
the victim consisting of medical expenses actually incurred, damage
to or loss of real and personal property and any other out-of-pocket
expenses, including loss of earnings, reasonably incurred as the
direct result of the criminal act of the defendant. No other
elements of damage shall be included as an economic loss for purposes
of this section.
B. In all criminal prosecutions and juvenile proceedings in this
state, when the court enters an order directing the offender to pay
restitution to any victim for economic loss or to pay to the state
any fines, fees or assessments, the order, for purposes of validity
and collection, shall not be limited to the maximum term of
imprisonment for which the offender could have been sentenced, nor
limited to any term of probation, parole, or extension thereof, nor
expire until fully satisfied. The court order for restitution,
fines, fees or assessments shall remain a continuing obligation of
0"* "".$! "!.! "487
the offender until fully satisfied, and the obligation shall not be
considered a debt, nor shall the obligation be dischargeable in any
bankruptcy proceeding. The court order shall continue in full force
and effect with the supervision of the state until fully satisfied,
and the state shall use all methods of collection authorized by law.
C. 1. Upon conviction for any crime wherein property has been
stolen, converted or otherwise unlawfully obtained, or its value
substantially decreased as a direct result of the crime, or wherein
the crime victim suffered injury, loss of income, or out-of-pocket
loss, the individuals criminally responsible shall be sentenced to
make restitution. Restitution may be ordered in addition to the
punishments prescribed by law.
2. The court shall order full restitution based upon the
following considerations:
a. the nature and amount of restitution shall be
sufficient to restore the crime victim to the
equivalent economic status existing prior to the losses
sustained as a direct result of the crime, and may
allow the crime victim to receive payment in excess of
the losses sustained; provided, the excess amount of
restitution shall not be more than treble the actual
economic loss incurred, and
b. the amount of restitution shall be established
regardless of the financial resources of the offender.
3. The court:
a. may direct the return of property to be made as soon as
practicable and make an award of restitution in the
amount of the loss of value to the property itself as a
direct result of the crime, including out-of-pocket
expenses and loss of earnings incurred as a result of
damage to or loss of use of the property, the cost to
return the property to the victim or to restore the
property to its pre-crime condition whichever may be
appropriate under the circumstances,
b. may order restitution in a lump sum or by such
schedules as may be established and thereafter adjusted
by agreement consistent with the order of the court,
c. shall have the authority to amend or alter any order of
restitution made pursuant to this section providing
that the court shall state its reasons and conclusions
as a matter of record for any change or amendment to
any previous order,
d. may order interest upon any ordered restitution sum to
accrue at the rate of twelve percent (12%) per annum
until the restitution is paid in full. The court may
further order such interest to be paid to the victims
of the crime or proportion the interest payment between
0"* "".$! "!.! "488
the victims and the court fund, and/or the Restitution
and Diversion Program, in the discretion of the court,
and
e. shall consider any pre-existing orders imposed on the
defendant, including, but not limited to, orders
imposed under civil and criminal proceedings.
D. If restitution to more than one person, agency or entity is
set at the same time, the court shall establish the following
priorities of payment:
1. The crime victim or victims; and
2. Any other government agency which has provided reimbursement
to the victim as a result of the offender's criminal conduct.
E. 1. The district attorney's office shall present the crime
victim's restitution claim to the court at the time of the conviction
of the offender or the restitution provisions shall be included in
the written plea agreement presented to the court, in which case, the
restitution claim shall be reviewed by the judge prior to acceptance
of the plea agreement.
2. At the initiation of the prosecution of the defendant, the
district attorney's office shall provide all identifiable crime
victims with written and oral information explaining their rights and
responsibilities to receive restitution established under this
section.
3. The district attorney's office shall provide all crime
victims, regardless of whether the crime victim makes a specific
request, with an official request for restitution form to be
completed and signed by the crime victim, and to include all
invoices, bills, receipts, and other evidence of injury, loss of
earnings and out-of-pocket loss. This form shall be filed with any
victim impact statement to be included in the judgment and sentence.
Every crime victim receiving the restitution claim form shall be
provided assistance and direction to properly complete the form.
4. The official restitution request form shall be presented in
all cases regardless of whether the case is brought to trial. In a
plea bargain, the district attorney in every case where the victim
has suffered economic loss, shall, as a part of the plea bargain,
require that the offender pay restitution to the crime victim. The
district attorney shall be authorized to act as a clearing house for
collection and disbursement of restitution payments made pursuant to
this section, and shall assess a fee of One Dollar ($1.00) per
payment received from the defendant, except when the defendant is
sentenced to incarceration in the Department of Corrections.
F. The crime victim shall provide all documentation and evidence
of compensation or reimbursement from insurance companies or agencies
of this state, any other state, or the federal government received as
a direct result of the crime for injury, loss of earnings or out-of-
pocket loss.
0"* "".$! "!.! "489
G. The court shall, upon motion by the crime victim, redact from
the submitted documentation all personal information relating to the
crime victim that does not directly and necessarily establish the
authenticity of any document or substantiate the asserted amount of
the restitution claim.
H. The unexcused failure or refusal of the crime victim to
provide all or part of the requisite information prior to the
sentencing, unless disclosure is deferred by the court, shall
constitute a waiver of any grounds to appeal or seek future amendment
or alteration of the restitution order predicated on the undisclosed
available information. The court shall order the offender to submit
either as part of the pre-sentence investigation or assessment and
evaluation required for a community sentence or, if no pre-sentence
investigation is conducted, in advance of the sentencing proceeding
such information as the court may direct and finds necessary to be
disclosed for the purpose of ascertaining the type and manner of
restitution to be ordered.
I. The willful failure or refusal of the offender to provide all
or part of the requisite information prior to the sentencing, unless
disclosure is deferred by the court shall not deprive the court of
the authority to set restitution or set the schedule of payment. The
willful failure or refusal of the offender to provide all or part of
the requisite information prior to the sentencing, unless disclosure
is deferred by the court, shall constitute a waiver of any grounds to
appeal or seek future amendment or alteration of the restitution
order predicated on the undisclosed information. The willful failure
or refusal of the offender to provide all or part of the requisite
information prior to sentencing, unless disclosure is deferred by the
court, shall constitute an act of contempt.
J. The court shall conduct such hearings or proceedings as it
deems necessary to set restitution and payment schedules at the time
of sentencing or may bifurcate the sentencing and defer the hearing
or proceedings relating to the imposition of restitution as justice
may require. Amendments or alterations to the restitution order may
be made upon the court's own motion, petition by the crime victim or
petition by the offender.
K. An offender who files a meritless or frivolous petition for
amendment or alteration to the restitution order shall pay the costs
of the proceeding on the petition and shall have added to the
existing restitution order the additional loss of earnings and out-
of-pocket loss incurred by the crime victim in responding to the
petition.
L. The restitution request form shall be promulgated by the
District Attorneys Council and provided to all district attorney
offices.
M. If a defendant who is financially able refuses or neglects to
pay restitution as ordered by this section, payment may be enforced:
0"* "".$! "!.! "49:
1. By contempt of court as provided in subsection A of Section
566 of Title 21 of the Oklahoma Statutes with imprisonment or fine or
both;
2. In the same manner as prescribed in subsection N of this
section for a defendant who is without means to make such restitution
payment; or
3. Revocation of the criminal sentence if the sentence imposed
was a suspended or deferred sentence or a community sentence.
N. If the defendant is without means to pay the restitution, the
judge may direct the total amount due, or any portion thereof, to be
entered upon the court minutes and to be certified in the district
court of the county where it shall then be entered upon the district
court judgment docket and shall have the full force and effect of a
district court judgment in a civil case. Thereupon the same remedies
shall be available for the enforcement of the judgment as are
available to enforce other judgments; provided, however, the judgment
herein prescribed shall not be considered a debt nor dischargeable in
any bankruptcy proceeding.
O. Whenever a person has been ordered to pay restitution as
provided in this section or any section of the Oklahoma Statutes for
a criminal penalty, the judge may order the defendant to a term of
community service, with or without compensation, to be credited at a
rate of Five Dollars ($5.00) per day against the total amount due for
restitution. If the defendant fails to perform the required
community service authorized by this subsection or if the conditions
of community service are violated, the judge may impose a term of
imprisonment not to exceed five (5) days in the county jail for each
failure to comply.
P. Nothing in subsections M through O of this section shall be
construed to be additions to the original criminal penalty, but shall
be used by the court as sanctions and means of collection for
criminal restitution orders and restitution orders that have been
reduced to judgment.
Added by Laws 1976, c. 160, § 5, eff. Oct. 1, 1976. Amended by Laws
1997, c. 357, § 6, emerg. eff. June 9, 1997; Laws 1998, c. 410, § 1,
eff. July 1, 1998; Laws 2001, c. 437, § 20, eff. July 1, 2001.
§22-991f-1.0. Restitution and Diversion Program - Short title.
This section and Section 22 of this act shall be known and may be
cited as the “Restitution and Diversion Program”.
Added by Laws 2001, c. 437, § 21, eff. July 1, 2001.
§22-991f-1.1. Restitution and Diversion Program - Evaluation of
criminal complaints for deferred prosecution - Restitution agreement
- Definitions.
A. Each district attorney shall create within the district
attorney’s office a Restitution and Diversion Program and assign
0"* "".$! "!.! "49
sufficient staff and resources for the efficient operation of such
program. The purpose of the Restitution and Diversion Program is to
allow the district attorney the discretion to divert criminal
complaints involving property crimes from criminal court and to
monitor restitution payments. At the discretion of the district
attorney, the program may be administered by the Bogus Check
Restitution Program operated by the county.
B. 1. Referral of a criminal complaint to the Restitution and
Diversion Program shall be at the discretion of the district
attorney. This act shall not limit the power of the district
attorney to prosecute criminal complaints.
2. Upon receipt of a criminal complaint involving property, the
district attorney shall determine if the complaint is one which is
appropriate for deferred prosecution.
3. In determining whether to defer prosecution and refer a case
to the Restitution and Diversion Program, the district attorney shall
consider the following factors:
a. whether the criminal complaint alleges an offense
involving property,
b. whether the alleged offense was committed in an
aggressive, violent, premeditated or willful manner,
c. the prospects for adequate protection of the public if
the accused person is processed through deferred
prosecution in the Restitution and Diversion Program,
d. the number of criminal complaints against the defendant
previously received by the district attorney,
e. whether or not there are other criminal complaints
currently pending against the defendant,
f. the strength of the evidence of the particular criminal
complaint, and
g. the wishes of the victim.
C. Upon referral of a complaint to the Restitution and Diversion
Program, a notice of the complaint shall be forwarded by mail to the
accused person. The notice shall contain:
1. The date the act which is the subject of the complaint
occurred;
2. The name of the victim;
3. The date before which the accused person must contact the
office of the district attorney concerning the complaint; and
4. A statement of the penalty for the crime which is the subject
of the complaint.
D. The district attorney may enter into a written agreement with
the accused person to defer prosecution on the criminal complaint for
a period to be determined by the district attorney, not to exceed
three (3) years pending restitution being made to the victim of the
complaint and payment of necessary fees.
0"* "".$! "!.! "49
E. Each restitution agreement shall include a provision
requiring the accused person to pay to the district attorneys office
a fee equal to the amount which would have been assessed as court
costs upon the filing of the case in district court plus Twenty-five
Dollars ($25.00) for each criminal complaint covered by the
agreement. This fee may be deposited in a special fund with the
county treasurer to be known as the “Restitution and Diversion
Program Fund” or in the Bogus Check Restitution Fund. The monies
deposited in the Restitution and Diversion Program Fund shall be used
by the district attorney to make any lawful expenditure associated
with the district attorney’s office. The district attorney shall
keep records of all monies deposited to and disbursed from these
funds. The records of these funds shall be audited at the same time
the records of county funds are audited.
F. 1. Restitution to be paid by the accused person to the
victim shall include out-of-pocket expenses the victim incurred as a
direct result of the crime having been committed. A restitution
agreement may include provisions for restitution in an amount up to
treble the amount of property involved except such restitution shall
not apply to false or bogus checks. If, instead of paying
restitution directly to the victim, the accused person delivers
restitution funds to the office of the district attorney, the
district attorney shall deposit such funds in a depository account in
the office of the county treasurer to be disbursed to the victim by a
warrant signed by the district attorney or a member of the district
attorney’s staff assigned to the Restitution and Diversion Program.
The district attorney shall keep full records of all restitution
monies received and disbursed. These records shall be audited at the
same time the county funds are audited;
2. If the accused person fails to comply with the provisions of
the Restitution and Diversion Program agreement, the district
attorney may file an information and proceed with the prosecution of
the accused person as provided by law.
G. Members of the district attorney’s staff shall perform duties
in connection with the Restitution and Diversion Program in addition
to any other duties which may be assigned by the district attorney.
H. 1. District attorneys shall prepare and submit an annual
report to the District Attorneys Council showing total deposits and
total expenditures in the Restitution and Diversion Program.
2. By September 15 of each year, the District Attorneys Council
shall publish an annual report for the previous fiscal year of the
Restitution and Diversion Program. A copy of the report shall be
distributed to the President Pro Tempore of the Senate and the
Speaker of the House of Representatives and the chairs of the House
and Senate Appropriations Committees. Each district attorney shall
submit information requested by the District Attorneys Council
regarding the Restitution and Diversion Program. This report shall
0"* "".$! "!.! "49+
include the number of cases processed, the total dollar amount for
which restitution was made, the total amount of the restitution
collected, the total amount of fees collected, the total cost of the
program, and such other information as required by the District
Attorneys Council.
I. For the purposes of the Restitution and Diversion Program,
the following definitions shall apply:
1. “Property Crime” shall include, but not be limited to the
following:
a. embezzlement offenses,
b. larceny offenses,
c. theft offenses,
d. malicious injury to property, and
e. any offense which results in economic loss, but does
not result in physical injury to another human being,
and which is not enumerated in Section 571 of Title 57
of the Oklahoma Statutes;
2. “Victim” is defined by Section 991f of this title;
3. “Restitution” is defined by Section 991f of this title; and
4. “Economic loss” is defined by Section 991f of this title.
J. The victim shall promptly provide to the Restitution and
Diversion Program all documentation and evidence of compensation or
reimbursement from insurance companies or agencies of this state, any
other state, or the federal government received as a direct result of
the crime for injury, loss of earnings or out-of-pocket loss.
Added by Laws 2001, c. 437, § 22, eff. July 1, 2001. Amended by Laws
2009, c. 93, § 2, eff. Nov. 1, 2009.
§22-991g. Local crimestoppers programs - Qualification for repayment
of rewards - Audits - Certification - Use of funds.
A. The Office of the Attorney General, at the request of the
court, shall determine whether a local crimestoppers program is
qualified to receive repayments of rewards pursuant to Section 1 of
this act. The Office of the Attorney General shall approve the local
crimestoppers program to receive those repayments if, considering the
organization, continuity, leadership, community support, audit
pursuant to subsection B of this section and general conduct of the
program, the Office of the Attorney General determines that the
repayments will be spent to further the crime prevention purposes of
the program.
B. Prior to certification by the Office of the Attorney General
for a local crimestoppers program to receive repayments pursuant to
Section 1 of this act, each program is subject to an audit by an
independent accounting firm which must be submitted to the Office of
the Attorney General for review. In order to maintain certification,
the program shall be so audited each year and the audit submitted
prior to July 1 of each year.
0"* "".$! "!.! "49-
C. The Office of the Attorney General may certify a local
crimestoppers program for purposes of Section 1 of this act even if a
judge has not requested a determination for that program and may
maintain a current list of approved local crimestoppers programs.
D. A local crimestoppers program certified by the Office of the
Attorney General to receive repayments pursuant to Section 1 of this
act shall use that money for the sole purpose of rewards to persons
who report information on criminal activity only if that information
leads to a defendant being indicted for or charged by information
with a felony offense.
Added by Laws 1991, c. 17, § 2, eff. Sept. 1, 1991.
§22-991h. Order of no contact.
In addition to the other sentencing powers of the court, when
sentencing a person who has been convicted, whether upon a verdict or
plea of guilty or nolo contendere, or who has received a suspended
sentence or any probationary term for a crime or an attempt to commit
a crime provided for in:
1. Section 843.5 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual abuse or sexual exploitation, as those terms
are defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes;
2. Section 681 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual assault;
3. Section 741 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual abuse or sexual exploitation;
4. Section 748 of Title 21 of the Oklahoma Statutes, if the
offense involved human trafficking for commercial sex;
5. Section 843.1 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual abuse or sexual exploitation;
6. Section 852.1 of Title 21 of the Oklahoma Statutes, if the
offense involved sexual abuse of a child;
7. Section 866, 885, 886, 888 or 891 of Title 21 of the Oklahoma
Statutes, if the offense involved sexual abuse or sexual
exploitation;
8. Section 1021, 1021.2, 1021.3, 1024.2 or 1029 of Title 21 of
the Oklahoma Statutes, if the offense involved child prostitution;
9. Section 1040.8 of Title 21 of the Oklahoma Statutes, if the
offense involved child pornography; or
10. Section 1040.12a, 1040.13, 1040.13a, 1087, 1088, 1111.1,
1114 or 1123 of Title 21 of the Oklahoma Statutes,
the court shall issue an order that the defendant shall have no
contact directly or indirectly with the victim or the family of the
victim during the full term of the confinement of the defendant, term
of probation, period of deferment or term of confinement and
probation of the defendant.
Added by Laws 2019, c. 364, § 1, eff. Nov. 1, 2019.
0"* "".$! "!.! "492
§22-994. Suspension of judgment and sentence after appeal.
After appeal, when any criminal conviction is affirmed, either in
whole or in part, the court in which the defendant was originally
convicted may suspend the judgment and sentence as otherwise provided
by law. Jurisdiction for such suspension shall be vested in said
trial court by a request by the defendant within ten days of the
final order of the Court of Criminal Appeals. Any order granting or
denying suspension made under the provisions of this section is a
nonappealable order.
Laws 1965, c. 160, § 1, emerg. eff. May 26, 1965.
§22-996. Short title - Regimented Inmate Discipline (RID) Program.
Sections 996 through 996.3 of this title shall be known and may
be cited as the "Delayed Sentencing Program for Young Adults”. This
act is also recognized as the Regimented Inmate Discipline (RID)
Program.
Added by Laws 1987, c. 119, § 1, eff. Nov. 1, 1987. Amended by Laws
2003, c. 323, § 1, eff. July 1, 2003.
§22-996.1. Definitions.
As used in the Delayed Sentencing Program for Young Adults:
"Offender" means any adult eighteen (18) through twenty-one (21)
years of age as of the date of a verdict of guilty or a plea of
guilty or nolo contendere for a nonviolent felony offense or a
juvenile who has been certified to stand trial as an adult for a
nonviolent felony offense, who has no charges pending for a violent
offense and who has not been convicted, or adjudicated as a juvenile
delinquent or youthful offender, of:
1. Assault, battery, or assault and battery with a dangerous or
deadly weapon as defined by Sections 645 and subsection C of 652 of
Title 21 of the Oklahoma Statutes, or Section 2-219 of Title 43A of
the Oklahoma Statutes;
2. Aggravated assault and battery on a police officer, sheriff,
highway patrolman, or any other officer of the law as defined by
Sections 650, subsection C of 650.2, 650.5, subsection B of 650.6, or
subsection C of 650.7 of Title 21 of the Oklahoma Statutes;
3. Poisoning with intent to kill as defined by Section 651 of
Title 21 of the Oklahoma Statutes;
4. Shooting with intent to kill as defined by Section 652 of
Title 21 of the Oklahoma Statutes;
5. Assault with intent to kill as defined by Section 653 of
Title 21 of the Oklahoma Statutes;
6. Using a vehicle to facilitate the intentional discharge of
any kind of firearm in violation of Section 652 of Title 21 of the
Oklahoma Statutes;
0"* "".$! "!.! "495
7. Discharging any firearm or other deadly weapon at or into any
dwelling as defined in Section 1289.17A of Title 21 of the Oklahoma
Statutes;
8. Assault with intent to commit a felony as defined by Section
681 of Title 21 of the Oklahoma Statutes;
9. Assaults while masked or disguised as defined by Section 1303
of Title 21 of the Oklahoma Statutes;
10. Murder in the first degree as defined by Section 701.7 of
Title 21 of the Oklahoma Statutes;
11. Murder in the second degree as defined by Section 701.8 of
Title 21 of the Oklahoma Statutes;
12. Manslaughter in the first degree as defined by Sections 711,
712, 713 or 714 of Title 21 of the Oklahoma Statutes;
13. Manslaughter in the second degree as defined by Sections 716
or 717 of Title 21 of the Oklahoma Statutes;
14. Kidnapping as defined by Section 741 of Title 21 of the
Oklahoma Statutes;
15. Burglary in the first degree as defined by Section 1431 of
Title 21 of the Oklahoma Statutes;
16. Kidnapping for extortion as defined by Section 745 of Title
21 of the Oklahoma Statutes;
17. Maiming as defined by Section 751 of Title 21 of the
Oklahoma Statutes;
18. Robbery as defined by Section 791 of Title 21 of the
Oklahoma Statutes;
19. Robbery in the first degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
20. Robbery in the second degree as defined by Section 797 of
Title 21 of the Oklahoma Statutes;
21. Armed robbery as defined by Section 801 of Title 21 of the
Oklahoma Statutes;
22. Robbery by two (2) or more persons as defined by Section 800
of Title 21 of the Oklahoma Statutes;
23. Robbery with dangerous weapon or imitation firearm as
defined by Section 801 of Title 21 of the Oklahoma Statutes;
24. Any crime against a child provided for in Section 843.5 of
Title 21 of the Oklahoma Statutes;
25. Wiring equipment, vehicle or structure with explosives as
defined by Section 849 of Title 21 of the Oklahoma Statutes;
26. Forcible sodomy as defined by Section 888 of Title 21 of the
Oklahoma Statutes;
27. Rape in the first degree as defined by Sections 1111 and
1114 of Title 21 of the Oklahoma Statutes;
28. Rape by instrumentation as defined by Section 1111.1 of
Title 21 of the Oklahoma Statutes;
0"* "".$! "!.! "497
29. Lewd or indecent proposition or lewd or indecent act with a
child as defined by Section 1123 of Title 21 of the Oklahoma
Statutes;
30. Use of a firearm or offensive weapon to commit or attempt to
commit a felony as defined by Section 1287 of Title 21 of the
Oklahoma Statutes;
31. Pointing firearms as defined by Section 1289.16 of Title 21
of the Oklahoma Statutes;
32. Rioting as defined by Sections 1311 or 1321.8 of Title 21 of
the Oklahoma Statutes;
33. Inciting to riot as defined by Section 1320.2 of Title 21 of
the Oklahoma Statutes;
34. Arson in the first degree as defined by Section 1401 of
Title 21 of the Oklahoma Statutes;
35. Endangering human life during arson as defined by Section
1405 of Title 21 of the Oklahoma Statutes;
36. Procure, produce, distribute, or possess juvenile
pornography as defined by Section 1021.2 of Title 21 of the Oklahoma
Statutes;
37. Parental consent to juvenile pornography as defined by
Section 1021.3 of Title 21 of the Oklahoma Statutes;
38. Distributing obscene material or child pornography as
defined by Section 1040.13 of Title 21 of the Oklahoma Statutes;
39. Unlawful manufacturing, attempting to unlawfully manufacture
or aggravated manufacturing of any controlled dangerous substance as
defined by subsection G of Section 2-401 and paragraph 3 of
subsection G of Section 2-401 of Title 63 of the Oklahoma Statutes;
40. Any violation of the Trafficking in Illegal Drugs Act as
defined by Section 2-415 of Title 63 of the Oklahoma Statutes.
Added by Laws 1987, c. 119, § 2, eff. Nov. 1, 1987. Amended by Laws
1994, c. 314, § 1, eff. Sept. 1, 1994; Laws 2003, c. 323, § 2, eff.
July 1, 2003; Laws 2005, c. 426, § 1, eff. July 1, 2005; Laws 2009,
c. 275, § 2, eff. Nov. 1, 2009; Laws 2010, c. 226, § 6, eff. Nov. 1,
2010; Laws 2013, c. 338, § 1, eff. Nov. 1, 2013; Laws 2014, c. 98, §
1, eff. Nov. 1, 2014; Laws 2018, c. 157, § 1, emerg. eff. May 1,
2018.
§22-996.2. Implementation and scope of program.
The Department of Corrections shall establish and carry out the
provisions of the Delayed Sentencing Program for Young Adults. The
Program shall be not less than one hundred eighty (180) days nor more
than one (1) year and shall provide a structured environment of
intense confinement, supervision, treatment, discipline, and
vocational or educational components designed specifically for the
offender.
Added by Laws 1987, c. 119, § 3, eff. Nov. 1, 1987. Amended by Laws
2003, c. 323, § 3, eff. July 1, 2003.
0"* "".$! "!.! "498
§22-996.3. Powers of court - Specialized offender accountability
plan - Objection and hearing - Effect of court order - Probation or
confinement.
A. Upon a verdict of guilty or a plea of guilty or nolo
contendere of an offender, the court shall delay sentencing for a
period not less than one hundred eighty (180) days nor more than one
(1) year after the plea of guilty or finding of guilt is entered and
order the offender to the Delayed Sentencing Program for Young Adults
under the custody of the Department of Corrections. For purposes of
the Delayed Sentencing Program for Young Adults, the term "custody"
shall include probation or confinement during the term of the
Program. The court may initially commit the offender for either
probation or confinement pending the completion of the Delayed
Sentencing Program.
After the completion of the Program the court shall:
1. Defer judgment pursuant to the provisions of Section 991c of
this title;
2. Sentence the offender to any sentence provided by law in the
custody of the Department of Corrections;
3. Suspend the execution of sentence pursuant to Section 991a of
this title. In addition to other conditions of probation allowed by
statute, the court may include special conditions of probation as set
forth in the plan provided to the court if sentencing is deferred or
if all or part of the sentence is suspended;
4. Sentence the offender to community sentencing; or
5. Dismiss the criminal charges and proceedings.
B. Within ninety (90) days after the offender is committed to
the Delayed Sentencing Program for Young Adults, the Department of
Corrections shall prepare and file with the court clerk a specialized
offender accountability plan for the offender which shall comply with
and be in lieu of the presentence investigation provided for in
Section 982 of this title. The plan shall include information,
evaluations, and data directed by the sentencing court, and may
include, but not be limited to, the investigation report of probation
officers, an assessment of security risks and offender needs and a
recommended specific course of action, including, where applicable,
psychological counseling, psychiatric treatment, medical treatment,
education or vocational training, work, restitution, and such other
programs, which will offer the best opportunity for rehabilitation of
the offender. If the plan recommends confinement, the plan shall
state specifically the type of confinement that the Department of
Corrections proposes to utilize and the amount of time the offender
will spend in that confinement, including but not limited to boot
camp, substance abuse treatment, and vocational or educational
placement.
0"* "".$! "!.! "499
Upon filing the plan, copies shall be provided by the Department
of Corrections to the district attorney, the offender, the offender's
attorney, and the court. If the district attorney, the offender or
the offender's attorney objects to the plan, the objecting party may
file a written objection with the court within ten (10) days of the
receipt of the plan. Upon the filing of any objection, the court
shall conduct a hearing within ten (10) days of the filing of the
objection and decide a plan of action for the offender under the
Delayed Sentencing Program for Young Adults or sentence the offender
as otherwise provided by law.
C. An order by the court placing an offender in the Delayed
Sentencing Program for Young Adults shall be accepted by the
Department of Corrections as a commitment to the custody of the
Department pursuant to the provisions of Section 521 of Title 57 of
the Oklahoma Statutes, for the sole purpose of committing an offender
for assessment and evaluation and complying with the accountability
plan.
D. If no objection has been made to the plan, the offender shall
remain in the custody of the Department either under probation or
confinement to comply with the terms and conditions of the plan. The
offender may be housed either in a minimum or medium security
facility, halfway house, community corrections facility, or any
combination as needed to comply with the plan and meet offender
criminogenic needs. Upon completion of the program, the Department
shall notify the Sheriff of the county from where the order by the
court placing an offender in the Delayed Sentencing Program for Young
Adults was filed and the Sheriff shall take custody of the offender.
E. Any offender previously admitted to the Delayed Sentencing
Program for Young Adults shall be ineligible for the Delayed
Sentencing Program for Young Adults for subsequent offenses.
Added by Laws 1987, c. 119, § 4, eff. Nov. 1, 1987. Amended by Laws
2003, c. 323, § 4, eff. July 1, 2003; Laws 2005, c. 426, § 2, eff.
July 1, 2005; Laws 2010, c. 226, § 7, eff. Nov. 1, 2010; Laws 2018,
c. 157, § 2, emerg. eff. May 1, 2018.
§22-1001. Judgment of death - Warrant.
When judgment of death is rendered, the judge must sign and
deliver to the sheriff of the county a warrant duly attested by the
clerk, under the seal of the court, stating the conviction and
judgment and appointing a day on which the judgment is to be
executed, which must be not less than sixty (60) nor more than ninety
(90) days from the time of the judgment and must direct the sheriff
to deliver the defendant within ten (10) days from the time of
judgment to the warden of the state prison at McAlester, in this
state, for execution.
R.L.1910, § 5967; Laws 1913, c. 113, p. 206, § 2.
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§22-1001.1. Execution of judgment - Time - Stay of execution.
A. The execution of the judgment in cases where sentence of
death is imposed shall be ordered by the Court of Criminal Appeals to
be carried out thirty (30) days after the defendant fails to meet any
of the following time conditions:
1. If a defendant does not file a petition for writ of
certiorari in the United States Supreme Court within ninety (90) days
from the issuance of the mandate in the original state direct appeal
unless a first application for post-conviction relief is pending;
2. If a defendant does not file an original application for
post-conviction relief in the Court of Criminal Appeals within ninety
(90) days from the filing of the appellee’s brief on direct appeal
or, if a reply brief is filed, ninety (90) days from the filing of
that reply brief, or a petition in error to the Court of Criminal
Appeals after remand within thirty (30) days from entry of judgment
by the district court disposing of the application for post-
conviction relief;
3. If a defendant does not file a writ of certiorari to the
United States Supreme Court within ninety (90) days from a denial of
state post-conviction relief by the Oklahoma Court of Criminal
Appeals;
4. If a defendant does not file the first petition for a federal
writ of habeas corpus within sixty (60) days from a denial of the
certiorari petition or from a decision by the United States Supreme
Court from post-conviction relief;
5. If a defendant does not file an appeal in the United States
Court of Appeals for the Tenth Circuit from a denial of a federal
writ of habeas corpus within seventy (70) days; or
6. If a defendant does not file a petition for writ of
certiorari with the United States Supreme Court from a denial of the
appeal of the federal writ of habeas corpus within ninety (90) days.
B. The filing of a petition for rehearing in any federal court
shall not serve to stay the execution dates or the time restraints
set forth in the above section unless the defendant makes the showing
set forth in subsection C of this section. The provisions of
subsection A do not apply to second or subsequent petitions or
appeals filed in any court. The filing of a second or subsequent
petition or appeal in any court does not prevent the setting of an
execution date.
C. When an action challenging the conviction or sentence of
death is pending before it, the Court of Criminal Appeals may stay an
execution date, or issue any order which effectively stays an
execution date only upon a showing by the defendant that there exists
a significant possibility of reversal of the defendant’s conviction,
or vacation of the defendant’s sentence, and that irreparable harm
will result if no stay is issued.
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D. Should a stay of execution be issued by any state or federal
court, a new execution date shall be set by operation of law sixty
(60) days after the dissolution of the stay of execution. The new
execution date shall be set by the Court of Criminal Appeals without
necessity of application by the state, but the Attorney General, on
behalf of the state, shall bring to the attention of the Court of
Criminal Appeals the fact of the dissolution of a stay of execution
and suggest the appropriateness of the setting of a new execution
date.
E. After an execution date has been set pursuant to the
provisions of this section, should a stay of execution be issued by
any state or federal court, a new execution date shall be set by
operation of law thirty (30) days after the dissolution of the stay
of execution. The new execution date shall be set by the Court of
Criminal Appeals without necessity of application by the state, but
the Attorney General, on behalf of the state, shall bring to the
attention of the Court of Criminal Appeals the fact of the
dissolution of a stay of execution and suggest the appropriateness of
setting a new execution date.
F. After an execution date has been set pursuant to the
provisions of this section, should a stay of execution be issued by
any state or federal court and then vacated by such court, the
sentence of death shall be carried out as ordered prior to the
issuance of such vacated stay of execution. If the prior execution
date has expired prior to the vacation of the stay of execution, a
new execution date shall be set by operation of law thirty (30) days
after the vacation of the stay of execution. The new execution date
shall be set by the Court of Criminal Appeals without necessity of
application by the state, but the Attorney General, on behalf of the
state, shall bring to the attention of the Court of Criminal Appeals
the fact of a vacation of the stay of execution and suggest the
appropriateness of the setting of a new execution date.
G. After an execution date has been set pursuant to the
provisions of this section, should the Governor of the State of
Oklahoma issue a stay of execution pursuant to the powers articulated
in Section 10 of Article VI of the Oklahoma Constitution, the
Governor shall, simultaneous to the granting of the stay, set a new
execution date. The sentence of death shall be carried out not more
than thirty (30) days after the dissolution of the stay of execution;
however, nothing shall prevent the Governor from ordering the new
execution date to be on the first day immediately following
dissolution of the stay.
Added by Laws 1987, c. 49, § 1. Amended by Laws 1992, c. 106, § 1,
eff. Sept. 1, 1992; Laws 1995, c. 256, § 1, eff. Nov. 1, 1995; Laws
2002, c. 126, § 1, emerg. eff. April 22, 2002; Laws 2004, c. 164, §
1, eff. Nov. 1, 2004.
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§22-1002. Governor to be informed of proceedings.
The judge of a court at which a conviction requiring a judgment
of death is had, must, immediately after the conviction, transmit to
the Governor, by mail or otherwise, a statement of the conviction and
judgment, and of the testimony given at the trial.
R.L.1910, § 5968.
§22-1003. Governor may require opinion of appellate judges.
The governor may thereupon require the opinion of the judges of
the criminal court of appeals, or any of them, upon the statement so
furnished.
R.L.1910, § 5969.
§22-1004. Reprieve and suspension of execution - Authority of
officers.
No judge, court or officer, other than the Governor, can reprieve
or suspend the execution of the judgment of death, except the warden
of the said state prison, to whom he is delivered for execution in
the cases provided in the next seven sections, unless an appeal is
taken.
R.L.1910, § 5970; Laws 1913, c. 113, p. 207, § 3.
§22-1005. Prisoner becoming insane - Question for jury trial.
If, after his delivery to the warden for execution, there is good
reason to believe that a defendant under judgment of death has become
insane, the warden must call such fact to the attention of the
district attorney of the county in which the prison is situated,
whose duty is to immediately file in the district or superior court
of such county a petition stating the conviction and judgment and the
fact that the defendant is believed to be insane and asking that the
question of his sanity be inquired into. Thereupon, the court must
at once cause to be summoned and impaneled from the regular jury list
a jury of twelve persons to hear such inquiry.
R.L.1910, § 5971; Laws 1913, c. 113, P. 207, § 4.
§22-1006. Attendance by district attorney - Witnesses for
inquisition.
The district attorney must attend the inquisition, and may
produce witnesses before the jury, for which purpose he may issue
process in the same manner as for witnesses to attend before the
grand jury, and disobedience thereto may be punished in like manner
as disobedience to process issued by the court.
R.L.1910, § 5972.
§22-1007. Verdict - Order of court – Competency restoration
services.
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The verdict of the jury must be entered upon the minutes and
thereupon the court must make and cause to be entered an order
reciting the fact of such inquiry and the result thereof, and when it
is found that the defendant is insane because of a mental illness
which causes the person to be presently unable (1) to have a rational
understanding as to why he or she is being executed and (2) to have a
rational understanding that he or she is to be executed and that
execution is imminent, the court shall order the Department of Mental
Health and Substance Abuse Services to provide, where the defendant
is currently incarcerated, treatment, therapy or training which is
calculated to allow the defendant to be restored to his or her sanity
such that the defendant is able (1) to have a rational understanding
as to why he or she is being executed and (2) to have a rational
understanding that he or she is to be executed and that execution is
imminent. The Department of Mental Health and Substance Abuse
Services may designate a willing entity to provide such restoration
services on behalf of the Department, provided the entity has
qualified personnel.
R.L. 1910, § 5973. Amended by Laws 1913, c. 113, p. 207, § 5; Laws
2018, c. 290, § 1, emerg. eff. May 10, 2018.
§22-1008. Execution of judgment - Proceedings when defendant found
insane - Recovery of reason.
If it is found that the defendant is sane the warden must proceed
to execute the judgment as certified in the warrant; if it is found
that the defendant is insane, the warden must suspend the execution
and transmit a certified copy of the order mentioned in the last
section to the Governor and deliver the defendant, together with a
certified copy of such order to the medical superintendent of the
hospital named in such order. When the defendant recovers his reason
the superintendent of such hospital must certify that fact to the
Governor, who must thereupon issue to the warden his warrant,
appointing a day for the execution of the judgment.
R.L.1910, § 5974; Laws 1913, c. 113, p. 208, § 6.
§22-1010. Pregnancy of prisoners - Judicial investigation.
If it is a alleged that a female prisoner under judgment of death
is pregnant, the warden must notify the district attorney of the
county in which the prison is situated whose duty is to immediately
file with the district court a petition stating such allegation. A
hearing must be conducted by a judge of that district court to
determine the validity of the allegation. Enforcement of the
judgment is suspended upon the filing of the petition, pending the
outcome of the hearing.
Upon filing of the petition a judge of the district court shall
appoint a physician licensed under the laws of the State of Oklahoma
to conduct a medical examination for pregnancy of the female
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prisoner. Such examination shall be conducted within thirty (30)
days prior to the hearing. The report of the examining physician
shall be submitted to the court as evidence. The court may also hear
any other evidence that may be presented. The court shall make a
written finding to be filed with the court clerk as a part of the
permanent record.
R.L.1910, § 5976; Laws 1913, c. 113, p. 208, § 7; Laws 1973, c. 101,
§ 1, emerg. eff. May 2, 1973.
§22-1011. Execution of judgment - Suspension when defendant pregnant
- Execution when pregnancy ceases.
If it is found that a female is not pregnant the warden must
execute the judgment. If it is found that she is pregnant, the
warden must suspend the execution of the judgment and transmit a
certified copy of the findings and certificate to the Governor. When
the Governor receives from the warden a certificate that the
defendant is no longer pregnant, he must issue to the warden his
warrant appointing a day for the execution of the judgment.
R.L.1910, § 5977; Laws 1913, c. 113, p. 209, § 8.
§22-1012. Repealed by Laws 1992, c. 106, § 3, eff. Sept. 1, 1992.
§22-1013. Repealed by Laws 1992, c. 106, § 3, eff. Sept. 1, 1992.
§22-1014. Manner of inflicting punishment of death.
A. The punishment of death shall be carried out by the
administration of a lethal quantity of a drug or drugs until death is
pronounced by a licensed physician according to accepted standards of
medical practice. For purposes of this subsection, the Uniform
Controlled Dangerous Substances Act shall not apply to the Department
of Corrections or to any person who participates in the execution or
administers one or more controlled dangerous substances.
B. If the execution of the sentence of death as provided in
subsection A of this section is held unconstitutional by an appellate
court of competent jurisdiction or is otherwise unavailable, then the
sentence of death shall be carried out by nitrogen hypoxia.
C. If the execution of the sentence of death as provided in
subsections A and B of this section is held unconstitutional by an
appellate court of competent jurisdiction or is otherwise
unavailable, then the sentence of death shall be carried out by
electrocution.
D. If the execution of the sentence of death as provided in
subsections A, B and C of this section is held unconstitutional by an
appellate court of competent jurisdiction or is otherwise
unavailable, then the sentence of death shall be carried out by
firing squad.
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R.L. 1910, § 5981. Amended by Laws 1913, c. 113, p. 206, § 1; Laws
1951, p. 63, § 1, emerg. eff. May 26, 1951; Laws 1977, c. 41, § 1;
Laws 2011, c. 70, § 1, eff. Nov. 1, 2011; Laws 2015, c. 75, § 1, eff.
Nov. 1, 2015; Laws 2017, c. 348, § 1, eff. Nov. 1, 2017.
§22-1015. Place of execution of judgment - Persons who may witness.
A. A judgment of death must be executed at the Oklahoma State
Penitentiary at McAlester, Oklahoma, said prison to be designated by
the court by which judgment is to be rendered.
B. The judgment of execution shall take place under the
authority of the Director of the Department of Corrections and the
warden must be present along with other necessary prison and
corrections officials to carry out the execution. The warden must
invite the presence of a physician and the district attorney of the
county in which the crime occurred or a designee, the judge who
presided at the trial issuing the sentence of death, the chief of
police of the municipality in which the crime occurred, if
applicable, and lead law enforcement officials of any state, county
or local law enforcement agency who investigated the crime or
testified in any court or clemency proceeding related to the crime,
including but not limited to the sheriff of the county wherein the
conviction was had, to witness the execution; in addition, the
Cabinet Secretary of Safety and Security must be invited as well as
any other personnel or correctional personnel deemed appropriate and
approved by the Director. The warden shall, at the request of the
defendant, permit the presence of such ministers chosen by the
defendant, not exceeding two, and any persons, relatives or friends,
not to exceed five, as the defendant may name; provided, reporters
from recognized members of the news media will be admitted upon
proper identification, application and approval of the warden. The
identity of all persons who participate in or administer the
execution process and persons who supply the drugs, medical supplies
or medical equipment for the execution shall be confidential and
shall not be subject to discovery in any civil or criminal
proceedings. The purchase of drugs, medical supplies or medical
equipment necessary to carry out the execution shall not be subject
to the provisions of The Oklahoma Central Purchasing Act.
C. In the event the defendant has been sentenced to death in one
or more criminal proceedings in this state, or has been sentenced to
death in this state and by one or more courts of competent
jurisdiction in another state or pursuant to federal authority, or
any combination thereof, and this state has priority to execute the
defendant, the warden must invite the prosecuting attorney or his or
her designee, the judge, and the chief law enforcement official from
each jurisdiction where any death sentence has issued. The above
mentioned officials shall be allowed to witness the execution or view
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the execution by closed circuit television as determined by the
Director of the Department of Corrections.
D. A place shall be provided at the Oklahoma State Penitentiary
at McAlester so that individuals who are eighteen (18) years of age
or older and who are members of the immediate family of any deceased
victim of the defendant may witness the execution. The immediate
family members shall be allowed to witness the execution from an area
that is separate from the area to which other nonfamily member
witnesses are admitted; provided, however, if there are multiple
deceased victims, the Department shall not be required to provide
separate areas for each family of each deceased victim. If
facilities are not capable or sufficient to provide all immediate
family members with a direct view of the execution, the Department of
Corrections may broadcast the execution by means of a closed circuit
television system to an area in which other immediate family members
may be located.
Immediate family members may request individuals not directly
related to the deceased victim but who serve a close supporting role
or professional role to the deceased victim or an immediate family
member, including, but not limited to, a minister or licensed
counselor. The warden in consultation with the Director shall
approve or disapprove such requests. Provided further, the
Department may set a limit on the number of witnesses or viewers
within occupancy limits.
As used in this section, "members of the immediate family" means
the spouse, a child by birth or adoption, a stepchild, a parent, a
grandparent, a grandchild, a sibling of a deceased victim, or the
spouse of any immediate family member specified in this subsection.
E. Any surviving victim of the defendant who is eighteen (18)
years of age or older may view the execution by closed circuit
television with the approval of both the Director of the Department
of Corrections and the warden. The Director and warden shall
prioritize persons to view the execution, including immediate family
members, surviving victims, and supporting persons, and may set a
limit on the number of viewers within occupancy limits. Any
surviving victim approved to view the execution of the defendant may
have an accompanying support person as provided for members of the
immediate family of a deceased victim. As used in this subsection,
"surviving victim" means any person who suffered serious harm or
injury due to the criminal acts of the defendant of which the
defendant has been convicted in a court of competent jurisdiction.
R.L. 1910, § 5982. Amended by Laws 1913, c. 113, p. 209, § 9; Laws
1951, p. 64, § 1, emerg. eff. May 1, 1951; Laws 1992, c. 106, § 2,
eff. Sept. 1, 1992; Laws 1996, c. 28, § 1, emerg. eff. April 8, 1996;
Laws 1997, c. 173, § 1, emerg. eff. May 7, 1997; Laws 1997, c. 357, §
8, emerg. eff. June 9, 1997; Laws 2004, c. 118, § 1, eff. Nov. 1,
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2004; Laws 2007, c. 358, § 7, eff. July 1, 2007; Laws 2009, c. 275, §
3, eff. Nov. 1, 2009; Laws 2011, c. 70, § 2, eff. Nov. 1, 2011.
§22-1016. Warden's return upon death warrant.
After the execution, the warden must make a report upon the death
warrant to the court by which the judgment was rendered, showing the
time, mode and manner in which it was executed.
R.L.1910, § 5984. Amended by Laws 1913, c. 113, p. 210, § 10.
§22-1051. Right of appeal - Review - Corrective jurisdiction -
Procedure - Scope of review on certiorari.
(a) An appeal to the Court of Criminal Appeals may be taken by
the defendant, as a matter of right from any judgment against him,
which shall be taken as herein provided; and, upon the appeal, any
decision of the court or intermediate order made in the progress of
the case may be reviewed; provided further, all appeals taken from
any conviction on a plea of guilty shall be taken by petition for
writ of certiorari to the Court of Criminal Appeals, as provided in
paragraph (b) of this section, provided, such petition must be filed
within ninety (90) days from the date of said conviction. The Court
of Criminal Appeals may take jurisdiction of any case for the purpose
of correcting the appeal records when the same do not disclose
judgment and sentence; such jurisdiction shall be for the sole
purpose of correcting such defect or defects.
(b) The procedure for the filing of an appeal in the Court of
Criminal Appeals shall be as provided in the Rules of the Court of
Criminal Appeals; and the Court of Criminal Appeals shall provide by
court rules, which will have the force of statute, and be in
furtherance of this method of appeal: (1) The procedure to be
followed by the trial courts in the preparation and authentication of
transcripts and records in cases appealed under this act; (2) the
procedure to be followed for the completion and submission of the
appeal taken hereunder; and (3) the procedure to be followed for
filing a petition for and the issuance of a writ of certiorari.
(c) The scope of review to be afforded on certiorari shall be
prescribed by the Court of Criminal Appeals.
R.L. 1910, § 5988; Laws 1965, c. 113, § 1; Laws 1970, c. 157, §§ 1,
2.
§22-1052. How governed.
An appeal from a judgment in a criminal action may be taken in
the manner and in the cases prescribed in this article.
R.L.1910, § 5989.
§22-1053. Appeals taken by state or municipality – Allowable cases.
Appeals to the Court of Criminal Appeals may be taken by the
state or a municipality in the following cases and no other:
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1. Upon judgment for the defendant on quashing or setting aside
an indictment or information;
2. Upon an order of the court arresting the judgment;
3. Upon a question reserved by the state or a municipality;
4. Upon judgment for the defendant on a motion to quash for
insufficient evidence in a felony matter;
5. Upon a pretrial order, decision, or judgment suppressing or
excluding evidence where appellate review of the issue would be in
the best interests of justice; and
6. Upon a pretrial order, decision or judgment suppressing or
excluding evidence in cases alleging violation of any provisions of
Section 13.1 of Title 21 of the Oklahoma Statutes.
Priority shall be given to appeals taken pursuant to paragraph 5
or 6 of this section, and an order staying proceedings shall be
entered pending the outcome of the appeal.
R.L.1910, § 5990. Amended by Laws 1978, c. 248, § 2, eff. July 1,
1978; Laws 1990, c. 261, § 3, emerg. eff. May 24, 1990; Laws 2002, c.
460, § 21, eff. Nov. 1, 2002; Laws 2009, c. 274, § 3, eff. Nov. 1,
2009.
§22-1053.1. Automatic appeal of judgments holding statutes
unconstitutional in criminal actions.
Any final judgment entered by a district court in a criminal
action rendering an act of the State Legislature to be
unconstitutional shall be automatically appealed to the Court of
Criminal Appeals, unless said act has been previously declared
unconstitutional by said Court of Criminal Appeals. Such appeals
shall be by the district attorney upon a reserved question of law.
Laws 1975, c. 270, § 1, eff. Oct. 1, 1975.
§22-1054. Time for perfecting appeal - Original record and
transcript - Notice to transmit - Indigent defendants.
A. In misdemeanor and felony cases the appeal must be perfected
within ninety (90) days from the date of the pronouncement of the
judgment and sentence. A transcript in both felony and misdemeanor
cases must be filed as hereinafter directed.
B. It shall be the duty of the clerk of the court from which
notice of appeal has been given, and in which the original record and
transcript are to be filed, to notify the clerk of the Court of
Criminal Appeals when the original record and transcripts are
assembled for transmission to the Court of Criminal Appeals, and the
parties, or their counsel, have been advised to that effect. The
clerk of the Court of Criminal Appeals shall, within ten (10) days
after the receipt of the district court clerk's notice of the
completion of the record, issue a notice to transmit the original and
one certified copy of the appeal records to the clerk of the Court of
Criminal Appeals and one certified copy of the original records and
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transcripts to either the Oklahoma Indigent Defense System, pursuant
to Section 1362 of this title, or the retained or other appointed
counsel of record on appeal.
C. When the Oklahoma Indigent Defense System or another attorney
has been appointed to represent an indigent defendant in an
application for post-conviction relief where the defendant has
received one or more sentences of death, the notice to the district
court clerk shall require a certified copy be sent to the Oklahoma
Indigent Defense System or the other attorney in addition to the copy
provided for direct appeal.
R.L. 1910, § 5991. Amended by Laws 1953, p. 98, § 1; Laws 1961, p.
238, § 1; Laws 1963, c. 107, § 1; Laws 1963, c. 355, § 1; Laws 1965,
c. 113, § 2, emerg. eff. May 19, 1965; Laws 1993, c. 298, § 5, eff.
July 1, 1993; Laws 1995, c. 256, § 2, eff. Nov. 1, 1995.
§22-1054.1. Perfecting appeal without filing motion for new trial.
The right of a party to perfect an appeal from a judgment, order
or decree of the trial court to the Court of Criminal Appeals shall
not be conditioned upon his having filed in the trial court a motion
for a new trial, but in the event a motion for a new trial is filed
in the trial court by a party adversely affected by the judgment,
order or decree, no appeal to the Court of Criminal Appeals may be
taken until subsequent to the ruling by the trial court on the motion
for a new trial.
Added by Laws 1985, c. 99, § 1, emerg. eff. May 28, 1985.
§22-1056. Appeal by state not to suspend judgment.
An appeal taken by the state in no case stays or affects the
operation of the judgment in favor of the defendant, until the
judgment is reversed.
R.L.1910, § 5993.
§22-1058. Conditions of bond - Surrender by sureties - Stay of
execution - Confinement of defendant when crime not bailable.
If an appeal is taken and the appeal bond given as provided in
the preceding section, said bond shall be conditioned that the
defendant will appear, submit to and perform any judgment rendered by
the Criminal Court of Appeals or the court in which the original
judgment was rendered in the further progress of the cause, and will
not depart without leave of the court. After the determination of
the appeal in the Criminal Court of Appeals, or if the appeal is not
perfected as provided by law, the defendant may be surrendered by the
sureties to the proper authorities for the execution of the sentence.
If the defendant be adjudged to be incarcerated in any penal
institution and/or to pay a fine, said sureties shall be relieved of
liability for such fine and costs upon surrender of the defendant to
the proper authorities for incarceration pursuant to the judgment and
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prior to forfeiture of the bond. If no bond be given the appeal
shall not stay execution of the judgment, except in capital cases or
where otherwise specifically provided by law. If pending the appeal
the bond be given, a further execution of the judgment shall be
stayed and the defendant released pending the determination of the
appeal. In all cases where the sentence is for a crime not bailable
the defendant shall be confined in the penitentiary pending the
appeal.
R.L. 1910, § 5995; Laws 1935, p. 20, § 1.
§22-1062. Exceptions.
The exceptions stated in the case shall have the same effect as
if they had been reduced to writing, allowed and signed by the judge
at the time they were taken.
R.L.1910, § 5999.
§22-1065. Defendants may appeal jointly or severally.
When several defendants are tried jointly, any one or more of
them may take an appeal, but those who do not join in the appeal
shall not be affected thereby.
R.L.1910, § 6002.
§22-1066. Power of appellate court - Return by clerk of lower court
when new trial granted.
The appellate court may reverse, affirm or modify the judgment or
sentence appealed from, and may, if necessary or proper, order a new
trial or resentencing. In either case, the cause must be remanded to
the court below, with proper instructions, and the opinion of the
court, within the time, and in the manner, to be prescribed by rule
of the court.
If the case is reversed for a new trial, the clerk of the court
from which such cause was appealed is required to make return showing
that said case was specifically called to the attention of the trial
court at the time of the setting of the docket following receipt of
mandate, and showing the court's action in placing said cause on the
docket for trial, said return to be made immediately after the trial
and entry of judgment, or earlier disposal. Should the case not be
retried and should it be dismissed by the court, return shall be
made, giving the reasons stated by the court in his minutes
justifying such dismissal.
Amended by Laws 1990, c. 261, § 2, emerg. eff. May 24, 1990.
§22-1067. Order when no offense committed - When indictment
defective.
When a judgment against the defendant is reversed, and it appears
that no offense whatever has been committed, the Criminal Court of
Appeals must direct that the defendant be discharged; but if it
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appears that the defendant is guilty of an offense although
defectively charged in the indictment, the Criminal Court of Appeals
must direct the prisoner to be returned and delivered over to the
jailer of the proper county, there to abide the order of the court in
which he was convicted.
R.L.1910, § 6004.
§22-1069. Appeal not dismissed for informality.
An appeal shall not be dismissed for any informality or defect in
the taking thereof. If the same be corrected in a reasonable time
after an appeal has been dismissed, another appeal may be taken.
R.L.1910, § 6006.
§22-1070. Judgment to be executed on affirmance.
On a judgment of affirmance against the defendant, the original
judgment must be carried into execution, as the appellate court may
direct.
R.L.1910, § 6007.
§22-1071. Opinions to be recorded.
All opinions of the Criminal Court of Appeals must be given in
writing and recorded in the journal.
R.L.1910, § 6008.
§22-1071.1. Court of Criminal Appeals – Online publication of
opinions.
Opinions of the Oklahoma Court of Criminal Appeals designated for
official publication shall be published on the Oklahoma State Courts
Network website. The Oklahoma Court of Criminal Appeals is hereby
requested to provide notice of release of its opinion to all
subscribers of record who have requested copies of opinions not less
than two (2) business days prior to publication of the opinion on the
website. Notice to the parties shall be made via electronic mail or
on the website of the Oklahoma State Courts Network.
Added by Laws 2017, c. 380, § 3, eff. Nov. 1, 2017.
§22-1072. Record and enforcement of mandate or order in lower court
- Return by clerk of lower court to clerk of Criminal Court of
Appeals.
It is hereby made the duty of the court clerk in all counties,
upon receipt from the Clerk of the Criminal Court of Appeals of any
mandate or order of the Criminal Court of Appeals, to immediately and
without any order from the court, or judge thereof, to spread said
mandate or order of record in the proper court, and to issue and
place in the hands of the proper officer appropriate process for
carrying out such mandate or order.
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That it shall be the duty of any such court clerk to immediately
upon return being made by the officer to whom process is delivered,
to thereafter make return to the Clerk of the Criminal Court of
Appeals, showing the date that mandate was received, date filed and
recorded, the date process was issued to the officer, and the date
the process was served and whether the convicted person was
incarcerated. If incarceration of the prisoner is delayed by reason
of flight, or for any other cause for a period of more than fifteen
(15) days after receipt of mandate, the return, under any such
circumstance causing delay, must be immediately made to the Clerk of
the Criminal Court of Appeals; and upon later apprehension of
prisoner and incarceration, a further return must be made to the
Clerk of the Criminal Court of Appeals, reporting the facts, within
ten (10) days after such incarceration.
Laws 1927, c. 28, p. 46, § 1; Laws 1953, p. 99, § 3.
§22-1076. Notice to defendant of his right to appeal - Stay of
execution of judgment.
The court shall at the time of entering judgment and sentence
notify the defendant of his right to appeal. An appeal from a
judgment of conviction stays the execution of the judgment in all
cases where sentence of death is imposed, but does not stay the
execution of the judgment in any other case unless the trial or
appellate court shall so order.
Laws 1969, c. 182, § 1, emerg. eff. April 17, 1969.
§22-1077. Bail allowable.
Bail on appeal shall be allowed on appeal from a judgment of
conviction of misdemeanor, or in felony cases where the punishment is
a fine only, and when made and approved shall stay the execution of
such judgment. Bail on appeal after the effective date of this act
shall not be allowed after conviction of any of the following
offenses:
1. Murder in any degree;
2. Kidnapping for purpose of extortion;
3. Robbery with a dangerous weapon;
4. Rape in any degree;
5. Arson in the first degree;
6. Shooting with intent to kill;
7. Manslaughter in the first degree;
8. Forcible sodomy;
9. Any felony conviction for which the evidence shows that the
defendant used or was in possession of a firearm or other dangerous
or deadly weapon during the commission of the offense;
10. Trafficking in illegal drugs;
11. Manufacturing a controlled dangerous substance;
12. Sexual abuse of a child; or
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13. Any other felony after former conviction of a felony.
The granting or refusal of bail after judgment of conviction in
all other felony cases shall rest in the discretion of the court;
however, if bail is allowed, the trial court shall state the reason
therefor.
Added by Laws 1969, c. 182, § 2, emerg. eff. April 17, 1969. Amended
by Laws 1981, c. 258, § 1; Laws 1987, c. 136, § 7, eff. Nov. 1, 1987;
Laws 1988, c. 109, § 28, eff. Nov. 1, 1988; Laws 2001, c. 234, § 1,
eff. Nov. 1, 2001.
NOTE: Laws 2001, c. 225, § 7 repealed by Laws 2002, c. 22, § 34,
emerg. eff. March 8, 2002.
§22-1078. Amount of bond - Time to make appeal bond - Stay pending
appeal - Additional bond.
When bail is allowed, the court shall fix the amount of the
appeal bond and the time in which the bond shall be given in order to
stay the execution of the judgment pending the filing of the appeal
in the appellate court, and until such bond is made shall hold the
defendant in custody. If the bond be given in the time fixed by the
court, the execution of the judgment shall be stayed during the time
fixed by law for the filing of the appeal in the appellate court. If
the appeal is filed within the time provided by law, then the bond
shall stay the execution of the sentence during the pendency of the
appeal, subject to the power of the court to require a new or
additional bond when the same is by the court deemed necessary. If
the bond is not given within the time fixed, or if given and the
appeal not be filed in the appellate court within the time provided
by law, the judgment of the court shall immediately be carried into
execution.
Laws 1969, c. 182, § 3, emerg. eff. April 17, 1969.
§22-1079. Denial of bail - Review by habeas corpus.
If bail on appeal be denied, or the amount fixed be excessive, the
defendant shall be entitled to a review of the action of the trial
court and its reasons for refusing bail, by habeas corpus proceedings
before the appellate court, or if the court be not in session, then
by some judge of said court.
Laws 1969, c. 182, § 4, emerg. eff. April 17, 1969.
§22-1080. Post-Conviction Procedure Act - Right to challenge
conviction or sentence.
Any person who has been convicted of, or sentenced for, a crime
and who claims:
(a) that the conviction or the sentence was in violation of the
Constitution of the United States or the Constitution or laws of this
state;
(b) that the court was without jurisdiction to impose sentence;
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(c) that the sentence exceeds the maximum authorized by law;
(d) that there exists evidence of material facts, not previously
presented and heard, that requires vacation of the conviction or
sentence in the interest of justice;
(e) that his sentence has expired, his suspended sentence,
probation, parole, or conditional release unlawfully revoked, or he
is otherwise unlawfully held in custody or other restraint; or
(f) that the conviction or sentence is otherwise subject to
collateral attack upon any ground of alleged error heretofore
available under any common law, statutory or other writ, motion,
petition, proceeding or remedy;
may institute a proceeding under this act in the court in which the
judgment and sentence on conviction was imposed to secure the
appropriate relief. Excluding a timely appeal, this act encompasses
and replaces all common law and statutory methods of challenging a
conviction or sentence.
Added by Laws 1970, c. 220, § 1, eff. July 1, 1970.
§22-1081. Commencement of proceeding.
A proceeding is commenced by filing a verified "application for
post-conviction relief" with the clerk of the court imposing judgment
if an appeal is not pending. When such a proceeding arises from the
revocation of parole or conditional release, the proceeding shall be
commenced by filing a verified "application for post-conviction
relief" with the clerk of the district court in the county in which
the parole or conditional release was revoked. Facts within the
personal knowledge of the applicant and the authenticity of all
documents and exhibits included in or attached to the application
must be sworn to affirmatively as true and correct. The Court of
Criminal Appeals may prescribe the form of the application and
verification. The clerk shall docket the application upon its
receipt and promptly bring it to the attention of the court and
deliver a copy to the district attorney.
Laws 1970, c. 220, § 2, eff. July 1, 1970.
§22-1082. Court costs and expenses of representation.
If the applicant is unable to pay court costs and expenses of
representation, he shall include an affidavit to that effect with the
application, which shall then be filed without costs. Counsel
necessary in representation shall be made available to the applicant
after filing the application on a finding by the court that such
assistance is necessary to provide a fair determination of
meritorious claims. If an attorney is appointed to represent such an
applicant then the fees and expenses of such attorney shall be paid
from the court fund.
Laws 1970, c. 220, § 3, eff. July 1, 1970.
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§22-1083. Response by state - Disposition of application.
A. Within thirty (30) days after the docketing of the
application, or within any further time the court may fix, the state
shall respond by answer or by motion which may be supported by
affidavits. When an applicant asserts a claim of ineffective
assistance of counsel, the state shall have ninety (90) days after
the docketing of the application to respond by answer or by motion.
In considering the application, the court shall take account of
substance, regardless of defects of form. If the application is not
accompanied by the record of the proceedings challenged therein, the
respondent shall file with its answer the record or portions thereof
that are material to the questions raised in the application; or such
records may be ordered by the court. The court may also allow
depositions and affidavits for good cause shown.
B. When a court is satisfied, on the basis of the application,
the answer or motion of respondent, and the record, that the
applicant is not entitled to post-conviction relief and no purpose
would be served by any further proceedings, it may order the
application dismissed or grant leave to file an amended application.
Disposition on the pleadings and record is not proper if there exists
a material issue of fact. The judge assigned to the case should not
dispose of it on the basis of information within his personal
knowledge not made a part of the record.
C. The court may grant a motion by either party for summary
disposition of the application when it appears from the response and
pleadings that there is no genuine issue of material fact and the
moving party is entitled to judgment as a matter of law. An order
disposing of an application without a hearing shall state the court's
findings and conclusions regarding the issues presented.
Added by Laws 1970, c. 220, § 4, eff. July 1, 1970. Amended by Laws
2014, c. 216, § 1, eff. Nov. 1, 2014.
§22-1084. Evidentiary hearing - Findings of fact and conclusions of
law.
If the application cannot be disposed of on the pleadings and
record, or there exists a material issue of fact, the court shall
conduct an evidentiary hearing at which time a record shall be made
and preserved. The court may receive proof by affidavits,
depositions, oral testimony, or other evidence and may order the
applicant brought before it for the hearing. A judge should not
preside at such a hearing if his testimony is material. The court
shall make specific findings of fact, and state expressly its
conclusions of law, relating to each issue presented. This order is
a final judgment.
Laws 1970, c. 220, § 5, eff. July 1, 1970.
§22-1085. Finding in favor of applicant.
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If the court finds in favor of the applicant, it shall vacate and
set aside the judgment and sentence and discharge or resentence him,
or grant a new trial, or correct or modify the judgment and sentence
as may appear appropriate. The court shall enter any supplementary
orders as to rearraignment, retrial, custody, bail, discharge, or
other matters that may be necessary and proper.
Laws 1970, c. 220, § 6, eff. July 1, 1970.
§22-1086. Subsequent application.
All grounds for relief available to an applicant under this act
must be raised in his original, supplemental or amended application.
Any ground finally adjudicated or not so raised, or knowingly,
voluntarily and intelligently waived in the proceeding that resulted
in the conviction or sentence or in any other proceeding the
applicant has taken to secure relief may not be the basis for a
subsequent application, unless the court finds a ground for relief
asserted which for sufficient reason was not asserted or was
inadequately raised in the prior application.
Laws 1970, c. 220, § 7, eff. July 1, 1970.
§22-1087. Appeal to Court of Criminal Appeals.
A final judgment entered under this act may be appealed to the
Court of Criminal Appeals on petition in error filed either by the
applicant or the state within thirty (30) days from the entry of the
judgment. Upon motion of either party on filing of notice of intent
to appeal, within ten (10) days of entering the judgment, the
district court may stay the execution of the judgment pending
disposition on appeal; provided, the Court of Criminal Appeals may
direct the vacation of the order staying the execution prior to final
disposition of the appeal.
Laws 1970, c. 220, § 8, eff. July 1, 1970.
§22-1088. Short title.
This act may be cited as the "Post-Conviction Procedure Act".
Laws 1970, c. 220, § 9.
§22-1088.1. Post-conviction relief applications - Reasonable inquiry
- Sanctions.
A. By presenting to the court, whether by signing, filing,
submitting, or later advocating, a pleading, written motion or other
papers regarding an application for post-conviction relief an
attorney or unrepresented party is certifying that to the best of the
person's knowledge, information, and belief, formed after an inquiry
reasonable under the circumstances:
1. It is not being presented for any improper purpose, such as
to harass or to cause unnecessary delay or needless increase in the
cost of litigation;
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2. The claims and other legal contentions therein are warranted
by existing law or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the establishment of new
law; and
3. The allegations and other factual contentions have
evidentiary support or, if specifically so identified, are likely to
have evidentiary support after a reasonable opportunity for further
investigation or discovery.
B. If, after notice and a reasonable opportunity to respond, the
Court of Criminal Appeals determines that this section has been
violated, the court may impose an appropriate sanction upon the
attorneys, law firms, or parties that have violated this section.
The Court of Criminal Appeals may adopt and publish rules to
implement this section.
Added by Laws 1995, c. 256, § 3, eff. Nov. 1, 1995.
§22-1089. Capital cases - Post - conviction relief - Grounds for
appeal.
A. The application for post-conviction relief of a defendant who
is under the sentence of death in one or more counts and whose death
sentence has been affirmed or is being reviewed by the Court of
Criminal Appeals in accordance with the provisions of Section 701.13
of Title 21 of the Oklahoma Statutes shall be expedited as provided
in this section. The provisions of this section also apply to
noncapital sentences in a case in which the defendant has received
one or more sentences of death.
B. The Oklahoma Indigent Defense System shall represent all
indigent defendants in capital cases seeking post-conviction relief
upon appointment by the appropriate district court after a hearing
determining the indigency of any such defendant. When the Oklahoma
Indigent Defense System or another attorney has been appointed to
represent an indigent defendant in an application for post-conviction
relief, the Clerk of the Court of Criminal Appeals shall include in
its notice to the district court clerk, as required by Section 1054
of this title, that an additional certified copy of the appeal record
is to be transmitted to the Oklahoma Indigent Defense System or the
other attorney.
C. The only issues that may be raised in an application for
post-conviction relief are those that:
1. Were not and could not have been raised in a direct appeal;
and
2. Support a conclusion either that the outcome of the trial
would have been different but for the errors or that the defendant is
factually innocent.
The applicant shall state in the application specific facts
explaining as to each claim why it was not or could not have been
raised in a direct appeal and how it supports a conclusion that the
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outcome of the trial would have been different but for the errors or
that the defendant is factually innocent.
D. 1. The application for post-conviction relief shall be filed
in the Court of Criminal Appeals within ninety (90) days from the
date the appellee’s brief on direct appeal is filed or, if a reply
brief is filed, ninety (90) days from the filing of that reply brief
with the Court of Criminal Appeals on the direct appeal. Where the
appellant’s original brief on direct appeal has been filed prior to
November 1, 1995, and no application for post-conviction relief has
been filed, any application for post-conviction relief must be filed
in the Court of Criminal Appeals within one hundred eighty (180) days
of November 1, 1995. The Court of Criminal Appeals may issue orders
establishing briefing schedules or enter any other orders necessary
to extend the time limits under this section in cases where the
original brief on direct appeal has been filed prior to November 1,
1995.
2. All grounds for relief that were available to the applicant
before the last date on which an application could be timely filed
not included in a timely application shall be deemed waived.
No application may be amended or supplemented after the time
specified under this section. Any amended or supplemental
application filed after the time specified under this section shall
be treated by the Court of Criminal Appeals as a subsequent
application.
3. Subject to the specific limitations of this section, the
Court of Criminal Appeals may issue any orders as to discovery or any
other orders necessary to facilitate post-conviction review.
4. a. The Court of Criminal Appeals shall review the
application to determine:
(1) whether controverted, previously unresolved
factual issues material to the legality of the
applicant’s confinement exist,
(2) whether the applicant’s grounds were or could have
been previously raised, and
(3) whether relief may be granted under this act.
b. For purposes of this subsection, a ground could not
have been previously raised if:
(1) it is a claim of ineffective assistance of trial
counsel involving a factual basis that was not
ascertainable through the exercise of reasonable
diligence on or before the time of the direct
appeal, or
(2) it is a claim contained in an original timely
application for post-conviction relief relating to
ineffective assistance of appellate counsel.
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All claims of ineffective assistance of counsel shall be governed by
clearly established law as determined by the United States Supreme
Court.
If the Court of Criminal Appeals determines that controverted,
previously unresolved factual issues material to the legality of the
applicant’s confinement do not exist, or that the claims were or
could have been previously raised, or that relief may not be granted
under this act and enters an order to that effect, the Court shall
make findings of fact and conclusions of law or may order the parties
to file proposed findings of fact and conclusions of law for the
Court to consider on or before a date set by the Court that is not
later than thirty (30) days after the date the order is issued. The
Court of Criminal Appeals shall make appropriate written findings of
fact and conclusions of law not later than fifteen (15) days after
the date the parties filed proposed findings.
5. If the Court of Criminal Appeals determines that
controverted, previously unresolved factual issues material to the
legality of the applicant’s confinement do exist, and that the
application meets the other requirements of paragraph 4 of this
subsection, the Court shall enter an order to the district court that
imposed the sentence designating the issues of fact to be resolved
and the method by which the issues shall be resolved.
The district court shall not permit any amendments or supplements
to the issues remanded by the Court of Criminal Appeals except upon
motion to and order of the Court of Criminal Appeals subject to the
limitations of this section.
The Court of Criminal Appeals shall retain jurisdiction of all
cases remanded pursuant to this act.
6. The district attorney’s office shall have twenty (20) days
after the issues are remanded to the district court within which to
file a response. The district court may grant one extension of
twenty (20) days for good cause shown and may issue any orders
necessary to facilitate post-conviction review pursuant to the remand
order of the Court of Criminal Appeals. Any applications for
extension beyond the twenty (20) days shall be presented to the Court
of Criminal Appeals. If the district court determines that an
evidentiary hearing should be held, that hearing shall be held within
thirty (30) days from the date that the state filed its response.
The district court shall file its decision together with findings of
fact and conclusions of law with the Court of Criminal Appeals within
forty-five (45) days from the date that the state filed its response
or within forty-five (45) days from the date of the conclusion of the
evidentiary hearing.
7. Either party may seek review by the Court of Criminal Appeals
of the district court’s determination of the issues remanded by the
Court of Criminal Appeals within ten (10) days from the entry of
judgment. Such party shall file a notice of intent to seek review
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and a designation of record in the district court within ten (10)
days from the entry of judgment. A copy of the notice of intent to
seek review and the designation of the record shall be served on the
court reporter, the petitioner, the district attorney, and the
Attorney General, and shall be filed with the Court of Criminal
Appeals. A petition in error shall be filed with the Court of
Criminal Appeals by the party seeking review within thirty (30) days
from the entry of judgment. If an evidentiary hearing was held, the
court reporter shall prepare and file all transcripts necessary for
the appeal within sixty (60) days from the date the notice and
designation of record are filed. The petitioner’s brief-in-chief
shall be filed within forty-five (45) days from the date the
transcript is filed in the Court of Criminal Appeals or, if no
evidentiary hearing was held, within forty-five (45) days from the
date of the filing of the notice. The respondent shall have twenty
(20) days thereafter to file a response brief. The district court
clerk shall file the records on appeal with the Court of Criminal
Appeals on or before the date the petitioner’s brief-in-chief is due.
The Court of Criminal Appeals shall issue an opinion in the case
within one hundred twenty (120) days of the filing of the response
brief or at the time the direct appeal is decided. If no review is
sought within the time specified in this section, the Court of
Criminal Appeals may adopt the findings of the district court and
enter an order within fifteen (15) days of the time specified for
seeking review or may order additional briefing by the parties. In
no event shall the Court of Criminal Appeals grant post-conviction
relief before giving the state an opportunity to respond to any and
all claims raised to the Court.
8. If an original application for post-conviction relief is
untimely or if a subsequent application for post-conviction relief is
filed after filing an original application, the Court of Criminal
Appeals may not consider the merits of or grant relief based on the
subsequent or untimely original application unless:
a. the application contains claims and issues that have
not been and could not have been presented previously
in a timely original application or in a previously
considered application filed under this section,
because the legal basis for the claim was unavailable,
or
b. (1) the application contains sufficient specific facts
establishing that the current claims and issues
have not and could not have been presented
previously in a timely original application or in
a previously considered application filed under
this section, because the factual basis for the
claim was unavailable as it was not ascertainable
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through the exercise of reasonable diligence on or
before that date, and
(2) the facts underlying the claim, if proven and
viewed in light of the evidence as a whole, would
be sufficient to establish by clear and convincing
evidence that, but for the alleged error, no
reasonable fact finder would have found the
applicant guilty of the underlying offense or
would have rendered the penalty of death.
9. For purposes of this act, a legal basis of a claim is
unavailable on or before a date described by this subsection if the
legal basis:
a. was not recognized by or could not have been reasonably
formulated from a final decision of the United States
Supreme Court, a court of appeals of the United States,
or a court of appellate jurisdiction of this state on
or before that date, or
b. is a new rule of constitutional law that was given
retroactive effect by the United States Supreme Court
or a court of appellate jurisdiction of this state and
had not been announced on or before that date.
E. All matters not specifically governed by the provisions of
this section shall be subject to the provisions of the Post-
Conviction Procedure Act. If the provisions of this act conflict
with the provisions of the Post-Conviction Procedure Act, the
provisions of this act shall govern.
Added by Laws 1987, c. 153, § 1, eff. Nov. 1, 1987. Amended by Laws
1995, c. 256, § 4, eff. Nov. 1, 1995; Laws 2004, c. 164, § 2, eff.
Nov. 1, 2004; Laws 2006, c. 290, § 2, eff. July 1, 2006.
§22-1089.1. State may appeal certain adverse rulings or orders.
The State of Oklahoma, by and through the district attorney or
Attorney General, shall have the right to appeal an adverse ruling or
order of a magistrate sustaining a motion to suppress evidence,
quashing an information, sustaining a plea to the jurisdiction of the
court, failing to find prosecutive merit in a hearing pursuant to
Section 2-2-403 of Title 10A of the Oklahoma Statutes, sustaining a
demurrer to the information, binding the defendant over for trial on
a charge other than the charge for the original offense, or
discharging a defendant at the preliminary examination because of
insufficiency of the evidence to establish either that a crime has
been committed or that there is probable cause to believe that the
accused has committed a felony. Such an appeal shall be taken in
accordance with the procedures provided in this act.
Added by Laws 1987, c. 162, § 1, emerg. eff. June 25, 1987. Amended
by Laws 1989, c. 348, § 15, eff. Nov. 1, 1989; Laws 2009, c. 234, §
133, emerg. eff. May 21, 2009.
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§22-1089.2. Notice of intent to appeal - Application to appeal.
A. If in open court at the time the adverse ruling or order is
made by the magistrate, the state shall give notice of its intention
to appeal the decision. The magistrate shall then enter the notice
in the proper court docket, continue the preliminary hearing and
retain the accused on the present bond or if the person is in
custody, return the accused to custody. The state shall file with
the court clerk a written application to appeal from the adverse
ruling or order of the magistrate within five (5) days from the date
of the adverse ruling or order.
B. If not in open court at the time the adverse ruling or order
is made by the magistrate, within five (5) days from the date of the
adverse ruling or order, the state shall file with the court clerk a
written application to appeal from the adverse ruling or order of the
magistrate.
C. A copy of the application to appeal shall immediately be
presented by the state to the Presiding Judge of the Judicial
Administrative District. The Presiding Judge shall assign the
application to another district judge or associate district judge
within the same judicial administrative district, and shall order the
assigned judge to set said matter for hearing and decision within
twenty (20) days from the filing of the written application to appeal
and shall provide at least three (3) days’ notice to all parties of
the time and place of the hearing. In the absence of the Presiding
Judge of the Judicial Administrative District, the Acting Presiding
Judge shall perform the duties of the Presiding Judge as set forth
above. The identity of the Acting Presiding Judge, if not known
locally, may be obtained from the Administrative Director of the
Courts at his office in Oklahoma City.
Added by Laws 1987, c. 162, § 2, emerg. eff. June 25, 1987. Amended
by Laws 2002, c. 460, § 22, eff. Nov. 1, 2002.
§22-1089.3. Waiver of right to appeal.
In the event the state does not file the application to appeal as
provided in Section 2 of this act, the state shall have waived any
right to appeal from the magistrate's adverse decision. The
magistrate's order shall then be final.
Added by Laws 1987, c. 162, § 3, emerg. eff. June 25, 1987.
§22-1089.4. Review of record.
The judge assigned the state's application to appeal shall review
all relevant portions of the record of the case before the
magistrate, including, but not limited to, partial or complete
transcripts of the preliminary hearing; affidavits for a search
warrant; search warrants; electronic recording tapes, belts or discs;
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written stipulations of facts; or any evidence which was presented at
the preliminary hearing.
Added by Laws 1987, c. 162, § 4, emerg. eff. June 25, 1987.
§22-1089.5. Preliminary hearing - Review of record in light most
favorable to state.
In the event that the state appeals the ruling of the preliminary
hearing magistrate ordering a defendant discharged based upon a
finding of insufficiency of the evidence to establish that a felony
has been committed or insufficiency of the evidence to show that
there is probable cause to believe that the accused has committed a
felony, the assigned judge shall determine, based upon the entire
record developed before the magistrate, whether the evidence, taken
in the light most favorable to the state, is sufficient to find that
a felony crime has been committed and that the defendant probably
committed said crime.
Added by Laws 1987, c. 162, § 5, emerg. eff. June 25, 1987.
§22-1089.6. Erroneous ruling or order - Remand.
In the event the assigned judge finds, based upon the record
developed before the magistrate, that the magistrate's ruling or
order was in error, the assigned judge shall enter an order finding
that the ruling or order entered by the magistrate was erroneous and
shall remand the cause to the magistrate with directions to enter a
proper ruling or order.
Added by Laws 1987, c. 162, § 6, emerg. eff. June 25, 1987.
§22-1089.7. Appeal to Court of Criminal Appeals - Bail - Review.
In the event the state's application to appeal is denied and the
assigned judge affirms the magistrate's ruling or order, that ruling
or order shall be appealable to the Court of Criminal Appeals.
During the pendency of any such appeal, the assigned judge shall
admit the defendant to bail upon his own recognizance. The Court of
Criminal Appeals shall affirm, reverse or modify the magistrate's
order and remand the cause for further proceedings consistent with
its ruling.
Added by Laws 1987, c. 162, § 7, emerg. eff. June 25, 1987.
§22-1091. Short title.
This act may be cited as the “Interstate Compact for Adult
Offender Supervision”.
Added by Laws 2000, c. 281, § 1, eff. July 1, 2000.
§22-1092. Legislative findings, declarations, and intent.
It is hereby found and declared that:
1. The Interstate Compact for the Supervision of Parolees and
Probationers, established in 1937, was the earliest corrections
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compact established among the states and has not been amended since
its adoption over sixty-two (62) years ago;
2. The Interstate Compact for the Supervision of Parolees and
Probationers is the only vehicle for the controlled movement of adult
parolees and probationers across state lines, and it provides
jurisdiction over more than a quarter of a million offenders;
3. The complexities of this compact have become more difficult
to administer, and many jurisdictions have expanded supervision
expectations to include unregulated practices such as victim input,
victim notification requirements and sex offender registration;
4. After hearings, national surveys, and a detailed study by a
task force appointed by the National Institute of Corrections, the
overwhelming recommendation has been to enact a new compact to bring
about an effective management capacity that addresses public safety
concerns and offender accountability; and
5. Upon the adoption of the Interstate Compact for Adult
Offender Supervision, it is the intention of the legislature to
repeal the Uniform Act for Out-of-State Parolee Supervision, Sections
347, et seq. of Title 57 of the Oklahoma Statutes.
Added by Laws 2000, c. 281, § 2, eff. July 1, 2000.
§22-1093. Execution and form of Compact.
The Governor is hereby authorized and directed to execute a
compact on behalf of this State with any other state or states
legally joining therein in the form, substantially as follows:
INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION
ARTICLE I. FINDINGS AND PURPOSES
A. The Compacting States to this Interstate Compact recognize:
1. That each state is responsible for the supervision of adult
offenders in the community who are authorized pursuant to the Bylaws
and Rules of this compact to travel across state lines both to and
from each compacting state in such manner as to track the location of
offenders, transfer supervision authority in an orderly and efficient
manner, and when necessary return offenders to the originating
jurisdictions; and
2. That Congress, by enacting the Crime Control Act, 4 U.S.C.,
Section 112 (1965), has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of crime.
B. The purposes of this compact and the Interstate Commission
created hereunder, through means of joint and cooperative action
among the Compacting States, are to:
1. Provide the framework for the promotion of public safety and
protect the rights of victims through the control and regulation of
the interstate movement of offenders in the community;
2. Provide for the effective tracking, supervision, and
rehabilitation of these offenders by the sending and receiving
states; and
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3. Equitably distribute the costs, benefits, and obligations of
the compact among the Compacting States.
C. This compact will:
1. Create an interstate commission which will establish uniform
procedures to manage the movement between states of adults placed
under community supervision and released to the community under the
jurisdiction of courts, paroling authorities, corrections or other
criminal justice agencies which will promulgate rules to achieve the
purpose of this compact;
2. Ensure an opportunity for input and timely notice to victims
and to jurisdictions where defined offenders are authorized to travel
or to relocate across state lines;
3. Establish a system of uniform data collection, access to
information on active cases by authorized criminal justice officials,
and regular reporting of compact activities to heads of state
councils, state executive, judicial, and legislative branches and
criminal justice administrators;
4. Monitor compliance with rules governing interstate movement
of offenders and initiate interventions to address and correct non-
compliance; and
5. Coordinate training and education regarding regulations of
interstate movement of offenders for officials involved in such
activity.
D. The compacting states recognize that there is no “right” of
any offender to live in another state and that duly accredited
officers of a sending state may at all times enter a receiving state
and there apprehend and retake any offender under supervision subject
to the provisions of this compact and Bylaws and Rules promulgated
hereunder.
E. It is the policy of the compacting states that the activities
conducted by the Interstate Commission created herein are the
formation of public policies and are therefore public business.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
1. “Adult” means individuals legally classified as adults and
juveniles treated as adults by court order, statute, or operation of
law;
2. “Bylaws” means the bylaws established by the Interstate
Commission for its governance, or for directing or controlling the
Interstate Commission’s actions or conduct;
3. “Compact Administrator” means the individual in each
compacting state appointed pursuant to the terms of this compact
responsible for the administration and management of the state’s
supervision and transfer of offenders subject to the terms of this
compact, the rules adopted by the Interstate Commission and policies
adopted by the State Council under this compact;
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4. “Compacting state” means any state which has enacted the
enabling legislation for this compact;
5. “Commissioner” means the voting representative of each
compacting state appointed pursuant to Article III of this compact;
6. “Interstate Commission” means the Interstate Commission for
Adult Offender Supervision established by this compact;
7. “Member” means the commissioner of a compacting state or
designee who shall be a person officially connected with the
commissioner;
8. “Noncompacting state” means any state which has not enacted
the enabling legislation for this compact;
9. “Offender” means an adult placed under, or subject to,
supervision as the result of the commission of a criminal offense and
released to the community under the jurisdiction of courts, paroling
authorities, corrections, or other criminal justice agencies;
10. “Person” means any individual, corporation, business
enterprise, or other legal entity, public or private;
11. “Rules” means acts of the Interstate Commission, duly
promulgated pursuant to Article VIII of this compact, substantially
affecting interested parties in addition to the Interstate
Commission, which shall have the force and effect of law in the
Compacting States;
12. “State” means a state of the United States, the District of
Columbia, and any other territorial possessions of the United States;
and
13. “State Council” means the resident members of the State
Council for Interstate Adult Offender Supervision created by each
state under Article III of this compact.
ARTICLE III. THE COMPACT COMMISSION
A. The Compacting States hereby create the Interstate Commission
for Adult Offender Supervision.
B. The Interstate Commission shall be a body corporate and joint
agency of the Compacting States. The Interstate Commission shall
have all the responsibilities, powers and duties set forth herein,
including the power to sue and be sued, and such additional powers as
may be conferred upon it by subsequent action of the respective
legislatures of the Compacting States in accordance with the terms of
this compact.
C. The Interstate Commission shall consist of Commissioners
selected and appointed by resident members of a State Council for
Interstate Adult Offender Supervision for each state. In addition to
the Commissioners who are the voting representatives of each state,
the Interstate Commission shall include individuals who are not
Commissioners but who are members of interested organizations; such
non-commissioner members must include a member of national
organizations of governors, legislators, state chief justices,
attorneys general, and crime victims. All non-commissioner members
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of the Interstate Commission shall be ex-officio, (nonvoting)
members. The Interstate Commission may provide in its bylaws for
such additional, ex-officio, nonvoting members as it deems necessary.
D. Each compacting state represented at any meeting of the
Interstate Commission is entitled to one vote. A majority of the
Compacting States shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the
Interstate Commission. The Interstate Commission shall meet at least
once each calendar year. The chairperson may call additional
meetings and, upon the request of twenty-seven or more Compacting
States, shall call additional meetings. Public notice shall be given
of all meetings and meetings shall be open to the public.
E. The Interstate Commission shall establish an Executive
Committee which shall include commission officers, members, and
others as shall be determined by the bylaws. The Executive Committee
shall have the power to act on behalf of the Interstate Commission
during periods when the Interstate Commission is not in session, with
the exception of rulemaking and/or amendment to the Compact. The
Executive Committee oversees the day-to-day activities managed by the
Executive Director and Interstate Commission staff, administers
enforcement and compliance with the provisions of the compact, its
bylaws and as directed by the Interstate Commission and performs
other duties as directed by the Interstate Commission or set forth in
the bylaws.
ARTICLE IV: THE STATE COUNCIL
Each member state shall create a State Council for Interstate
Adult Offender Supervision which shall be responsible for the
appointment of the commissioner who shall serve on the Interstate
Commission from that state. Each state council shall appoint as its
commissioner the Compact Administrator from that state to serve on
the National Interstate Commission in such capacity under or pursuant
to applicable law of the member state. While each member state may
determine the membership of its own state council, its membership
must include at least one representative from the legislative,
judicial, and executive branches of government, victims groups and
compact administrators. Each compacting state retains the right to
determine the qualifications of the Compact Administrator who shall
be appointed by the state council or by the Governor in consultation
with the Legislature and the Judiciary. In addition to appointment
of its commissioner to the National Interstate Commission, each state
council shall exercise oversight and advocacy concerning its
participation in Interstate Commission activities and other duties as
may be determined by each member state, including, but not limited
to, development of policy concerning operations and procedures of the
compact within that state.
ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
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1. To adopt a seal and suitable bylaws governing the management
and operation of the Interstate Commission;
2. To promulgate rules which shall have the force and effect of
statutory law and shall be binding in the Compacting States to the
extent and in the manner provided in this compact;
3. To oversee, supervise, and coordinate the interstate movement
of offenders subject to the terms of this compact and any bylaws
adopted and rules promulgated by the compact commission;
4. To enforce compliance with compact provisions, Interstate
Commission rules, and bylaws, using all necessary and proper means,
including, but not limited to, the use of judicial process;
5. To establish and maintain offices;
6. To purchase and maintain insurance and bonds;
7. To borrow, accept, or contract for services of personnel,
including, but not limited to, members and their staffs;
8. To establish and appoint committees and hire staff which it
deems necessary for the carrying out of its functions, including, but
not limited to, an executive committee as required by Article III
which shall have the power to act on behalf of the Interstate
Commission in carrying out its powers and duties hereunder;
9. To elect or appoint officers, attorneys, employees, agents,
or consultants; to fix their compensation, define their duties, and
determine their qualifications; and to establish the Interstate
Commission’s personnel policies and programs relating to, among other
things, conflicts of interest, rates of compensation, and
qualifications of personnel;
10. To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of same;
11. To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve or use any property, real, personal,
or mixed;
12. To sell, convey, mortgage, pledge, lease, exchange, abandon
or otherwise dispose of any property, real, personal, or mixed;
13. To establish a budget, make expenditures, and levy dues as
provided in Article X of this compact;
14. To sue and be sued;
15. To provide for dispute resolution among Compacting States;
16. To perform such functions as may be necessary or appropriate
to achieve the purposes of this compact;
17. To report annually to the legislatures, governors,
judiciary, and state councils of the Compacting States concerning the
activities of the Interstate Commission during the preceding year.
Such reports shall include any recommendations that may have been
adopted by the Interstate Commission;
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18. To coordinate education, training and public awareness
regarding the interstate movement of offenders for officials involved
in such activity; and
19. To establish uniform standards for the reporting,
collecting, and exchanging of data.
ARTICLE VI.
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall, by a majority of the
Members, within twelve (12) months of the first Interstate Commission
meeting, adopt bylaws to govern its conduct as may be necessary or
appropriate to carry out the purposes of the Compact, including, but
not limited to:
1. Establishing the fiscal year of the Interstate Commission;
2. Establishing an executive committee and such other committees
as may be necessary;
3. Providing reasonable standards and procedures for the
establishment of committees and the general or specific delegation of
any authority or function of the Interstate Commission;
4. Providing reasonable procedures for calling and conducting
meetings of the Interstate Commission, and ensuring reasonable notice
of each such meeting;
5. Establishing the titles and responsibilities of the officers
of the Interstate Commission;
6. Providing reasonable standards and procedures for the
establishment of the personnel policies and programs of the
Interstate Commission; provided that notwithstanding any civil
service or other similar laws of any compacting state, the Bylaws
shall exclusively govern the personnel policies and programs of the
Interstate Commission;
7. Providing a mechanism for winding up the operations of the
Interstate Commission and the equitable return of any surplus funds
that may exist upon the termination of the Compact after the payment
and/or reserving of all of its debts and obligations;
8. Providing transition rules for start-up administration of the
compact; and
9. Establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
B. 1. The Interstate Commission shall, by a majority of the
Members, elect from among its Members a chairperson and a vice-
chairperson, each of whom shall have such authorities and duties as
may be specified in the bylaws. The chairperson or, in the
chairperson’s absence or disability, the vice-chairperson shall
preside at all meetings of the Interstate Commission. The Officers
so selected shall serve without compensation or remuneration from the
Interstate Commission; provided that, subject to the availability of
budgeted funds, the officers shall be reimbursed for any actual and
necessary costs and expenses incurred by them in the performance of
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their duties and responsibilities as officers of the Interstate
Commission.
2. The Interstate Commission shall, through its executive
committee, appoint or retain an executive director for such period,
upon such terms and conditions and for such compensation as the
Interstate Commission may deem appropriate. The executive director
shall serve as secretary to the Interstate Commission, and hire and
supervise such other staff as may be authorized by the Interstate
Commission, but shall not be a member.
C. The Interstate Commission shall maintain its corporate books
and records in accordance with the bylaws.
D. 1. The Members, officers, executive director, and employees
of the Interstate Commission shall be immune from suit and liability,
either personally or in their official capacity, for any claim for
damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act,
error, or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities; provided, that
nothing in this paragraph shall be construed to protect any such
person from suit and/or liability for any damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct
of any such person.
2. The Interstate Commission shall defend the commissioner of a
compacting state, or the commissioner’s representatives or employees,
or the Interstate Commission’s representatives or employees in any
civil action seeking to impose liability, arising out of any actual
or alleged act, error, or omission that occurred within the scope of
Interstate Commission employment, duties, or responsibilities or that
the defendant had a reasonable basis for believing occurred within
the scope of Interstate Commission employment, duties, or
responsibilities. Provided, that the actual or alleged act, error,
or omission did not result from intentional wrongdoing on the part of
such person.
3. The Interstate Commission shall indemnify and hold the
commissioner of a Compacting State, the appointed designees or
employees, or the Interstate Commission’s representatives or
employees, harmless in the amount of any settlement or judgment
obtained against such persons arising out of any actual or alleged
act, error, or omission that occurred within the scope of Interstate
Commission employment, duties, or responsibilities, or that such
person had reasonable basis for believing occurred within the scope
of Interstate Commission employment, duties, or responsibilities;
provided, that the actual or alleged act, error, or omission did not
result from gross negligence or intentional wrongdoing on the part of
such person.
ARTICLE VII.
ACTIVITIES OF THE INTERSTATE COMMISSION
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A. The Interstate Commission shall meet and take such actions as
are consistent with the provisions of this Compact.
B. Except as otherwise provided in this compact and unless a
greater percentage is required by the bylaws, in order to constitute
an act of the Interstate Commission, each act shall have been taken
at a meeting of the Interstate Commission and shall have received an
affirmative vote of a majority of the members present.
C. Each member of the Interstate Commission shall have the right
and power to cast a vote to which that Compacting State is entitled
and to participate in the business and affairs of the Interstate
Commission. A Member shall vote in person on behalf of the state and
shall not delegate a vote to another member state. However, a State
Council shall appoint another authorized representative, in the
absence of the commissioner from that state, to cast a vote on behalf
of the member state at a specified meeting. The bylaws may provide
for Members’ participation in meetings by telephone or other means of
telecommunication or electronic communication. Any voting conducted
by telephone or other means of telecommunication or electronic
communication shall be subject to the same quorum requirements of
meetings where members are present in person.
D. The Interstate Commission shall meet at least once during
each calendar year. The chair of the Interstate Commission may call
additional meetings at any time and, upon the request of a majority
of the members, shall call additional meetings.
E. The Interstate Commission’s bylaws shall establish conditions
and procedures under which the Interstate Commission shall make its
information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from
disclosure any information or official records to the extent they
would adversely affect personal privacy rights or proprietary
interests. In promulgating such rules, the Interstate Commission may
make available to law enforcement agencies records and information
otherwise exempt from disclosure and may enter into agreements with
law enforcement agencies to receive or exchange information or
records subject to nondisclosure and confidentiality provisions.
F. Public notice shall be given of all meetings, and all
meetings shall be open to the public except as set forth in the rules
or as otherwise provided in the Compact. The Interstate Commission
shall promulgate rules consistent with the principles contained in
the Government in Sunshine Act, Section 552(b), of Title 5 of the
United States Code. The Interstate Commission and any of its
committees may close a meeting to the public where it determines by a
two-thirds vote that an open meeting would be likely to:
1. Relate solely to the Interstate Commission’s internal
personnel practices and procedures;
2. Disclose matters specifically exempted from disclosure by
statute;
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3. Disclose trade secrets or commercial or financial information
which is privileged or confidential;
4. Involve accusing any person of a crime or formally censuring
any person;
5. Disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal privacy;
6. Disclose investigatory records compiled for law enforcement
purposes;
7. Disclose information contained in or related to examination,
operating or condition reports prepared by, or on behalf of, or for
the use of, the Interstate Commission with respect to a regulated
entity for the purpose of regulation or supervision of such entity;
8. Disclose information, the premature disclosure of which would
significantly endanger the life of a person or the stability of a
regulated entity;
9. Relate specifically to the Interstate Commission’s issuance
of a subpoena or its participation in a civil action or proceeding.
G. For every meeting closed pursuant to this provision, the
Interstate Commission’s chief legal officer shall publicly certify
that, in the officer’s opinion, the meeting may be closed to the
public and shall reference each relevant exemptive provision.
H. The Interstate Commission shall keep minutes which shall
fully and clearly describe all matters discussed in any meeting and
shall provide a full and accurate summary of any actions taken, and
the reasons therefor, including a description of each of the views
expressed on any item and the record of any roll-call vote (reflected
in the vote of each member on the question). All documents
considered in connection with any action shall be identified in such
minutes.
I. The Interstate Commission shall collect standardized data
concerning the interstate movement of offenders as directed through
its Bylaws and Rules which shall specify the data to be collected,
the means of collection, and data exchange and reporting
requirements.
ARTICLE VIII.
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate rules in order to
effectively and efficiently achieve the purposes of the compact
including transition rules governing administration of the compact
during the period in which it is being considered and enacted by the
states.
B. Rulemaking shall occur pursuant to the criteria set forth in
this Article and the Bylaws and Rules adopted pursuant thereto. Such
rulemaking shall substantially conform to the principles of the
federal Administrative Procedure Act, Section 551, et seq. of Title 5
of the United States Code, and the Federal Advisory Committee Act,
App. 2, Section 1, et seq. of Title 5 of the United State Code, as
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may be amended (APA). All Rules and amendments shall become binding
as of the date specified in each Rule or amendment.
C. If a majority of the legislatures of the Compacting States
rejects a Rule by enactment of a statute or resolution in the same
manner used to adopt the compact, then such Rule shall have no
further force and effect in any Compacting State.
D. When promulgating a rule, the Interstate Commission shall:
1. Publish the proposed rule stating with particularity the text
of the rule which is proposed and the reason for the proposed rule;
2. Allow persons to submit written data, facts, opinions, and
arguments which information shall be publicly available;
3. Provide an opportunity for an informal hearing; and
4. Promulgate a final rule and its effective date, if
appropriate, based on the rulemaking record.
E. Not later than sixty (60) days after a Rule is promulgated,
any interested person may file a petition in the United States
District Court for the District of Columbia or in the Federal
District Court where the Interstate Commission’s principal office is
located for judicial review of such Rule. If the court finds that
the Interstate Commission’s action is not supported by substantial
evidence (as defined in the APA) in the rulemaking record, the court
shall hold the Rule unlawful and set it aside.
F. Subjects to be addressed in rules within twelve (12) months
after the first meeting must at a minimum include:
1. Notice to victims and opportunity to be heard;
2. Offender registration and compliance;
3. Violations/returns;
4. Transfer procedures and forms;
5. Eligibility for transfer;
6. Collection of restitution and fees from offenders;
7. Data collection and reporting;
8. Level of supervision to be provided by the receiving state;
9. Transition rules governing the operation of the compact and
the Interstate Commission during all or part of the period between
the effective date of the compact and the date on which the last
eligible state adopts the compact;
10. Mediation, arbitration, and dispute resolution.
G. The existing rules governing the operation of the previous
compact superceded by this act shall be null and void twelve (12)
months after the first meeting of the Interstate Commission created
hereunder.
H. Upon determination by the Interstate Commission that an
emergency exists, it may promulgate an emergency rule which shall
become effective immediately upon adoption; provided, that the usual
rulemaking procedures shall be retroactively applied to said rule as
soon as reasonably possible, in no event later than ninety (90) days
after the effective date of the rule.
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ARTICLE IX.
OVERSIGHT, ENFORCEMENT, AND
DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION
A. 1. The Interstate Commission shall oversee the interstate
movement of adult offenders in the Compacting States and shall
monitor such activities being administered in Non-Compacting States
which may significantly affect Compacting States.
2. The courts and executive agencies in each Compacting State
shall enforce this Compact and shall take all actions necessary and
appropriate to effectuate the Compact’s purposes and intent. In any
judicial or administrative proceeding in a Compacting State
pertaining to the subject matter of this Compact which may affect the
powers, responsibilities or actions of the Interstate Commission, the
Interstate Commission shall be entitled to receive all service of
process in any such proceeding and shall have standing to intervene
in the proceeding for all purposes.
B. 1. The Compacting States shall report to the Interstate
Commission on issues or activities of concern to them and cooperate
with and support the Interstate Commission in the discharge of its
duties and responsibilities.
2. The Interstate Commission shall attempt to resolve any
disputes or other issues which are subject to the Compact and which
may arise among Compacting States and Non-Compacting States.
3. The Interstate Commission shall enact a Bylaw or promulgate a
Rule providing for both mediation and binding dispute resolution for
disputes among Compacting States.
C. The Interstate Commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this Compact using any or
all means set forth in Article XII, Section B, of this Compact.
ARTICLE X. FINANCE
A. The Interstate Commission shall pay or provide for the
payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
B. The Interstate Commission shall levy on and collect an annual
assessment from each Compacting State to cover the cost of the
internal operations and activities of the Interstate Commission and
its staff which must be in a total amount sufficient to cover the
Interstate Commission’s annual budget as approved each year. The
aggregate annual assessment amount shall be allocated based upon a
formula to be determined by the Interstate Commission, taking into
consideration the population of the state and the volume of
interstate movement of offenders in each compacting state and shall
promulgate a rule binding upon all Compacting States which governs
said assessment.
C. The Interstate Commission shall not incur any obligations of
any kind prior to securing the funds adequate to meet the same. Nor
shall the Interstate Commission pledge the credit of any of the
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Compacting States except by and with the authority of the compacting
state.
D. The Interstate Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Interstate Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become part of the
annual report of the Interstate Commission.
ARTICLE XI.
COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
A. Any state, as defined in Article II of this Compact, is
eligible to become a Compacting State. The Compact shall become
effective and binding upon legislative enactment of the Compact into
law by no fewer than thirty-five of the States. The initial
effective date shall be the later of July 1, 2001, or upon enactment
into law by the thirty-fifth jurisdiction. Thereafter, it shall
become effective and binding as to any other Compacting State upon
enactment of the Compact into law by that State. The governors of
Nonmember states or their designees will be invited to participate in
Interstate Commission activities on a nonvoting basis prior to
adoption of the compact by all states and territories of the United
States.
B. Amendments to the Compact may be proposed by the Interstate
Commission for enactment by the Compacting States. No amendment
shall become effective and binding upon the Interstate Commission and
the Compacting States unless and until it is enacted into law by
unanimous consent of the Compacting States.
ARTICLE XII.
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
A. 1. Once effective, the Compact shall continue in force and
remain binding upon each Compacting State; provided that a Compacting
State may withdraw from the compact (“Withdrawing State”) by enacting
a statute specifically repealing the statute which enacted the
Compact into law. The effective date of withdrawal is the effective
date of the repeal.
2. The Withdrawing State shall immediately notify the
Chairperson of the Interstate Commission in writing upon the
introduction of legislation repealing this Compact in the Withdrawing
State. The Interstate Commission shall notify the other Compacting
States of the Withdrawing State’s intent to withdraw within sixty
(60) days of its receipt of the notice.
3. The Withdrawing State is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
withdrawal, including any obligations, the performance of which
extend beyond the effective date of withdrawal.
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4. Reinstatement following withdrawal of any Compacting State
shall occur upon the reenactment of the Compact by the Withdrawing
State or upon such later date as determined by the Interstate
Commission.
B. If the Interstate Commission determines that any Compacting
State has at any time defaulted (“Defaulting State”) in the
performance of any of its obligations or responsibilities under this
Compact, the Bylaws or any duly promulgated Rules, the Interstate
Commission may impose any or all of the following penalties:
a. fines, fees, and costs in such amounts as are deemed to
be reasonable as fixed by the Interstate Commission,
b. remedial training and technical assistance as directed
by the Interstate Commission,
c. suspension and termination of membership in the
compact. Suspension shall be imposed only after all
other reasonable means of securing compliance under the
Bylaws and Rules have been exhausted. Immediate notice
of suspension shall be given by the Interstate
Commission to the Governor, the Chief Justice or Chief
Judicial Officer of the state, the majority and
minority leaders of the defaulting state’s legislature,
and the State Council.
C. 1. The grounds for default include, but are not limited to,
failure of a Compacting State to perform such obligations or
responsibilities imposed upon it by this Compact, Interstate
Commission Bylaws, or duly promulgated Rules. The Interstate
Commission shall immediately notify the Defaulting State in writing
of the penalty imposed by the Interstate Commission on the Defaulting
State pending a cure of the default. The Interstate Commission shall
stipulate the conditions and the time period within which the
Defaulting State must cure its default. If the Defaulting State
fails to cure the default within the time period specified by the
Interstate Commission, in addition to any other penalties imposed
herein, the Defaulting State may be terminated from the Compact upon
an affirmative vote of a majority of the Compacting States and all
rights, privileges, and benefits conferred by this Compact shall be
terminated from the effective date of suspension.
2. Within sixty (60) days of the effective date of termination
of a Defaulting State, the Interstate Commission shall notify the
Governor, the Chief Justice or Chief Judicial Officer, and the
Majority and Minority Leaders of the Defaulting State’s Legislature
and the State Council of such termination.
3. The defaulting state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
termination including any obligations, the performance of which
extends beyond the effective date of termination.
0"* "".$! "!.! "4++7
4. The Interstate Commission shall not bear any costs relating
to the Defaulting State unless otherwise mutually agreed upon between
the Interstate Commission and the Defaulting State. Reinstatement
following termination of any compacting state requires both a
reenactment of the Compact by the Defaulting State and the approval
of the Interstate Commission pursuant to the Rules.
D. The Interstate Commission may, by a majority vote of the
Members, initiate legal action in the United States District Court
for the District of Columbia or, at the discretion of the Interstate
Commission, in the Federal District where the Interstate Commission
has its offices to enforce compliance with the provisions of the
Compact, its duly promulgated Rules and Bylaws against any Compacting
State in default. In the event judicial enforcement is necessary the
prevailing party shall be awarded all costs of such litigation
including reasonable attorney fees.
E. The Compact dissolves effective upon the date of the
withdrawal or default of a Compacting State which reduces membership
in the Compact to one Compacting State. Upon dissolution of this
Compact, the Compact becomes null and void and shall be of no further
force or effect, and the business and affairs of the Interstate
Commission shall be wound up, and any surplus funds shall be
distributed in accordance with the bylaws.
ARTICLE XIII.
SEVERABILITY AND CONSTRUCTION
A. The provisions of this Compact shall be severable. If any
phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the Compact shall be enforceable.
B. The provisions of this Compact shall be liberally construed
to effectuate its purposes.
ARTICLE XIV.
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Nothing in this Compact prevents the enforcement of any other
law of a Compacting State that is not inconsistent with this Compact.
All Compacting States’ laws conflicting with this Compact are
superseded to the extent of the conflict.
B. 1. All lawful actions of the Interstate Commission,
including all Rules and Bylaws promulgated by the Interstate
Commission, are binding upon the Compacting States.
2. All agreements between the Interstate Commission and the
Compacting States are binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning or
interpretation of Interstate Commission actions, and upon a majority
vote of the Compacting States, the Interstate Commission may issue
advisory opinions regarding such meaning or interpretation.
4. In the event any provision of this Compact exceeds the
constitutional limits imposed on the legislature of any Compacting
State, the obligations, duties, powers, or jurisdiction sought to be
0"* "".$! "!.! "4++8
conferred by such provision upon the Interstate Commission shall be
ineffective. Such obligations, duties, powers, or jurisdiction shall
remain in the Compacting State and shall be exercised by the agency
in the state to which such obligations, duties, powers, or
jurisdiction are delegated by law in effect at the time this compact
becomes effective.
Added by Laws 2000, c. 281, § 3, eff. July 1, 2000.
§22-1094. Oklahoma State Council for Interstate Adult Offender
Supervision.
A. There is hereby created the Oklahoma State Council for
Interstate Adult Offender Supervision in accordance with Article IV
of the Interstate Compact for Interstate Adult Offender Supervision.
The State Council shall consist of the compact administrator,
Executive Coordinator or designee of the District Attorneys Council,
Executive Director or designee of the Oklahoma Indigent Defense
System and the Administrative Director of the Courts or designee, who
shall be nonvoting members and five appointed members who, except for
the initial appointments, shall be appointed for three-year terms.
The members appointed to initial terms shall serve staggered terms as
prescribed in this section. Terms of office shall expire on June 30.
Members may be reappointed as deemed appropriate by the appointing
authority. Members may be removed by the appointing authority for
incompetence, willful neglect of duty, corruption in office, or
malfeasance in office. Vacancies shall be filled in the same manner
as the original appointment. The members of the Council shall not be
subject to the dual office holding prohibitions set forth in Section
6 of Title 51 of the Oklahoma Statutes. The members shall be
appointed as follows:
1. One member of the Senate, who shall serve an initial term of
three (3) years, who shall be appointed by the President Pro Tempore;
2. One member of the House of Representatives, who shall serve
an initial term of three (3) years, who shall be appointed by the
Speaker of the House of Representatives;
3. One member of the judiciary who shall be a district judge
with experience in criminal proceedings, who shall serve an initial
term of two (2) years, to be appointed by the Presiding Judge of the
Court of Criminal Appeals;
4. One member of the Pardon and Parole Board, who shall serve an
initial term of two (2) years, who shall be appointed by the Governor
with the advice and consent of the Senate; and
5. One member who represents a crime victims advocacy group, who
shall serve an initial term of one (1) year, to be appointed by the
Governor.
B. The members of the State Council shall elect from their
membership a chair and vice-chair to serve for one (1) year terms. A
majority of the members shall constitute a quorum for the purpose of
0"* "".$! "!.! "4++9
conducting the business of the Council. The Council shall meet at
least annually and at the call of the chair.
C. The Council shall comply with the Oklahoma Open Meeting Act,
the Oklahoma Open Records Act, and the Oklahoma Administrative
Procedures Act.
D. Members of the Council, except the compact administrator,
shall serve without compensation but shall be reimbursed by their
appointing authorities for expenses incurred in the performance of
their duties as provided in the State Travel Reimbursement Act until
the Council is funded.
E. The Council shall oversee and administer this state’s
participation in the Compact. The Council may promulgate rules to
implement operations and procedures necessary for administration of
the compact.
F. Until the Compact becomes effective upon its adoption by
thirty-five states, the Council may select a person who is employed
by a state agency, subject to the assent of the administrative head
of the agency, to serve as the compact administrator. The agency
that employs the compact administrator shall pay the salary of the
compact administrator and any expenses the compact administrator
incurs in fulfilling duties related to the Compact. The Council and
the administrative head of the agency shall determine what portion of
the employee’s time shall be devoted to Compact activities. The
compact administrator shall serve as this state’s commissioner on the
Interstate Commission for Adult Offender Supervision. In the event
the compact administrator cannot attend a meeting of the Interstate
Commission, the Council shall appoint a Council member to represent
this state at the meeting.
Added by Laws 2000, c. 281, § 4, eff. July 1, 2000. Amended by Laws
2008, c. 21, § 1, eff. Nov. 1, 2008.
§22-1095. Compact administrator.
Upon the effectiveness of the Interstate Compact for Interstate
Adult Offender Supervision through adoption by thirty-five states,
the Council shall employ a compact administrator to oversee the
organization and activities of the Council and to administer this
state’s participation in the Compact, subject to the Council’s
direction. The compact administrator shall serve as this state’s
commissioner on the Interstate Commission for Adult Offender
Supervision. In the event the compact administrator cannot attend a
meeting of the Interstate Commission, the Council shall appoint a
Council member to represent this state at the meeting. The salary of
the compact administrator shall be set by law. The position of
compact administrator shall be an unclassified position.
Added by Laws 2000, c. 281, § 5, eff. July 1, 2000.
0"* "".$! "!.! "4+-:
NOTE: Laws 2000, c. 281, § 6 states that implementation of Laws
2000, c. 281, § 5 shall be delayed until the Compact becomes
effective upon its adoption by thirty-five states.
§22-1101. Offenses bailable - Who may take bail.
A. Except as otherwise provided by law, bail, by sufficient
sureties, shall be admitted upon all arrests in criminal cases where
the offense is not punishable by death and in such cases it may be
taken by any of the persons or courts authorized by law to arrest, to
imprison offenders or to perform pretrial services, or by the clerk
of the district court or his or her deputy, or by the judge of such
courts.
B. In criminal cases where the defendant is currently an escaped
prisoner from the Department of Corrections, the defendant must be
processed back into the Department of Corrections prior to bail being
set on new criminal charges.
C. All persons shall be bailable by sufficient sureties, except
that bail may be denied for:
1. Capital offenses when the proof of guilt is evident, or the
presumption thereof is great;
2. Violent offenses;
3. Offenses where the maximum sentence may be life imprisonment
or life imprisonment without parole;
4. Felony offenses where the person charged with the offense has
been convicted of two or more felony offenses arising out of
different transactions; and
5. Controlled dangerous substances offenses where the maximum
sentence may be at least ten (10) years’ imprisonment.
On all offenses specified in paragraphs 2 through 5 of this
subsection, the proof of guilt must be evident, or the presumption
must be great, and it must be on the grounds that no condition of
release would assure the safety of the community or any person.
D. There shall be a rebuttable presumption that no condition of
release would assure the safety of the community if the state shows
by clear and convincing evidence that the person was arrested for a
violation of Section 741 of Title 21 of the Oklahoma Statutes.
R.L. 1910, § 6103. Amended by Laws 2003, c. 82, § 1, emerg. eff.
April 15, 2003; Laws 2004, c. 58, § 1, eff. Nov. 1, 2004; Laws 2006,
c. 130, § 2, emerg. eff. May 9, 2006.
§22-1101.1. Offenses relating to prostitution bailable.
Bail, by sufficient sureties, may be admitted upon all arrests
for violations of Sections 1028, 1029, 1030, or 1081 of Title 21 of
the Oklahoma Statutes and shall be in an amount of not less than
Fifteen Thousand Dollars ($15,000.00). Bail on personal recognizance
bond for such offenses shall not be admitted.
Added by Laws 2002, c. 120, § 4, emerg. eff. April 19, 2002.
0"* "".$! "!.! "4+-
§22-1102. Bail when crime is punishable by death.
Bail, by sufficient sureties, may be admitted upon all arrests in
criminal cases where the punishment may be death, unless the proof is
evident or the presumption great; and in such cases it shall be taken
only by the Criminal Court of Appeals or a district or superior
court, or by a justice or judge thereof, who shall exercise their
discretion therein, having regard to the nature and circumstances of
the offense, and of the evidence and to the usages of law; but if the
case has been tried by jury, and the jury have disagreed on their
verdict, then the above presumption is removed, and the defendant
shall thereupon be entitled to bail, unless it shall appear to the
court or judge thereof, by due proof, that such disagreement was
occasioned by the misconduct of the jury.
R.L.1910, § 6104.
§22-1104. Qualifications of bail - Justification.
The qualifications of bail are the same as those in civil cases,
and the sureties must in all cases justify by affidavits taken before
the magistrate, court or judge, or before the clerk of the district
or superior court or his deputy, that they each possess those
qualifications.
R.L.1910, § 6106.
§22-1105. Defendant discharged on giving bail - Exceptions.
A. Except as otherwise provided by this section, upon the
allowance of bail and the execution of the requisite recognizance,
bond, or undertaking to the state, the magistrate, judge, or court,
shall, if the defendant is in custody, make and sign an order for
discharge. The court, in its discretion, may prescribe by court rule
the conditions under which the court clerk or deputy court clerk, or
the sheriff or deputy sheriff, may prepare and execute an order of
release on behalf of the court.
B. No police officer or sheriff may release a person arrested
for a violation of an ex parte or final protective order as provided
in Sections 60.2 and 60.3 of this title, or arrested for an act
constituting domestic abuse as specified in Section 644 of Title 21
of the Oklahoma Statutes, or arrested for any act constituting
domestic abuse, stalking or harassment as defined by Section 60.1 of
this title, or arrested for an act constituting domestic assault and
battery or domestic assault and battery with a deadly weapon pursuant
to Section 644 of Title 21 of the Oklahoma Statutes, without the
violator appearing before a magistrate, judge or court. To the
extent that any of the following information is available to the
court, the magistrate, judge or court shall consider, in addition to
any other circumstances, before determining bond and other conditions
0"* "".$! "!.! "4+-
of release as necessary for the protection of the alleged victim, the
following:
1. Whether the person has a history of domestic violence or a
history of other violent acts;
2. The mental health of the person;
3. Whether the person has a history of violating the orders of
any court or governmental entity;
4. Whether the person is potentially a threat to any other
person;
5. Whether the person has a history of abusing alcohol or any
controlled substance;
6. Whether the person has access to deadly weapons or a history
of using deadly weapons;
7. The severity of the alleged violence that is the basis of the
alleged offense including, but not limited to:
a. the duration of the alleged violent incident,
b. whether the alleged violent incident involved serious
physical injury,
c. whether the alleged violent incident involved sexual
assault,
d. whether the alleged violent incident involved
strangulation,
e. whether the alleged violent incident involved abuse
during the pregnancy of the alleged victim,
f. whether the alleged violent incident involved the abuse
of pets, or
g. whether the alleged violent incident involved forcible
entry to gain access to the alleged victim;
8. Whether a separation of the person from the alleged victim or
a termination of the relationship between the person and the alleged
victim has recently occurred or is pending;
9. Whether the person has exhibited obsessive or controlling
behaviors toward the alleged victim including, but not limited to,
stalking, surveillance, or isolation of the alleged victim;
10. Whether the person has expressed suicidal or homicidal
ideations; and
11. Any information contained in the complaint and any police
reports, affidavits, or other documents accompanying the complaint.
C. No police officer or sheriff may release a person arrested
for any violation of subsection G of Section 2-401 of Title 63 of the
Oklahoma Statutes, without the violator appearing before a
magistrate, judge, or court. In determining bond and other
conditions of release, the magistrate, judge, or court shall consider
any evidence that the person is in any manner dependent upon a
controlled dangerous substance or has a pattern of regular, illegal
use of any controlled dangerous substance. A rebuttable presumption
that no conditions of release on bond would assure the safety of the
0"* "".$! "!.! "4+-+
community or any person therein shall arise if the state shows by
clear and convincing evidence:
1. The person was arrested for a violation of subsection G of
Section 2-401 of Title 63 of the Oklahoma Statutes, relating to
manufacturing or attempting to manufacture a controlled dangerous
substance, or possessing any of the substances listed in subsection G
of Section 2-401 of Title 63 of the Oklahoma Statutes with the intent
to manufacture a controlled dangerous substance; and
2. The person is in any manner dependent upon a controlled
dangerous substance or has a pattern of regular illegal use of a
controlled dangerous substance, and the violation referred to in
paragraph 1 of this subsection was committed or attempted in order to
maintain or facilitate the dependence or pattern of illegal use in
any manner.
R.L.1910, § 6107. Amended by Laws 1995, c. 297, § 4, eff. Nov. 1,
1995; Laws 1997, c. 2, § 25, emerg. eff. Feb. 26, 1997; Laws 1997, c.
368, § 4, eff. Nov. 1, 1997; Laws 2004, c. 59, § 2, emerg. eff. April
6, 2004; Laws 2005, c. 128, § 1, eff. Nov. 1, 2005; Laws 2010, c.
116, § 6, eff. Nov. 1, 2010; Laws 2011, c. 385, § 5, eff. Nov. 1,
2011.
NOTE: Laws 1995, c. 286, § 8 repealed by Laws 1997, c. 2, § 26,
emerg. eff. Feb. 26, 1997.
§22-1105.1. Pretrial Release Act - Short title.
This act shall be known and may be cited as the “Pretrial Release
Act”.
Added by Laws 2002, c. 125, § 1, eff. July 1, 2002.
§22-1105.2. Pretrial Release Act - Setting of bail – Schedule –
Electronic monitoring.
A. Following an arrest for a misdemeanor or felony offense and
before formal charges have been filed or an indictment made, the
arrested person may have bail set by the court as provided in this
act; provided there are no provisions of law to the contrary.
B. When formal charges or an indictment has been filed, bail
shall be set according to law and the pretrial bond, if any, may be
reaffirmed unless additional security is required. Every judicial
district may, upon the order of the presiding judge for the district,
establish a pretrial bail schedule for felony or misdemeanor
offenses, except for traffic offenses included in subsections B, C
and D of Section 1115.3 of Title 22 of the Oklahoma Statutes and
those offenses specifically excluded herein. The bail schedule
established pursuant to the authority of this act shall exclude any
offense for which bail is not allowed by law. The bail schedule
authorized by this act shall be set in accordance with guidelines
relating to bail and shall be published and reviewed by March 1 of
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each year by the courts and district attorney of the judicial
district.
C. The pretrial bail shall be set in a numerical dollar amount.
If the person fails to appear in court as required the judge shall:
1. Rescind the bond and proceed to enter a judgment against the
defendant for the dollar amount of the pretrial bail if no private
bail was given at the time of release; provided, however, the court
clerk shall follow the procedures as set forth in Section 1301 et
seq. of Title 59 of the Oklahoma Statutes in collecting the
forfeiture amount against the person who fails to appear in court; or
2. Rescind and forfeit the private bail if cash, property or
surety bail was furnished at the time of release as set forth in
Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
D. When a pretrial program exists in the judicial district where
the person is being held, the judge may utilize the services of the
pretrial release program when ordering pretrial release, except when
private bail has been furnished.
E. Upon an order for pretrial release or release on bond, the
person shall be released from custody without undue delay.
F. The court may require the person to be placed on an
electronic monitoring device as a condition of pretrial release.
G. In instances where an electronic monitoring device has been
ordered, the court may impose payment of a supervision fee. Payment
of the fee, in whole or according to a court-ordered installment
schedule, shall be a condition of pretrial release. The court clerk
shall collect the supervision fees.
Added by Laws 2002, c. 125, § 2, eff. July 1, 2002. Amended by Laws
2002, c. 390, § 13, emerg. eff. June 4, 2002; Laws 2005, c. 74, § 2,
eff. Nov. 1, 2005; Laws 2016, c. 59, § 1, eff. Nov. 1, 2016.
§22-1105.3. Pretrial Release Act - Pretrial release programs -
Persons eligible - Minimum criteria.
A. Any county pursuant to the provisions of this act may
establish and fund a pretrial program to be utilized by the district
court in that jurisdiction.
B. When a pretrial release program is established pursuant to
this act and private bail has not been furnished, the judge may order
a person to be evaluated through the pretrial program. After
conducting an evaluation of the person applying for pretrial release,
the pretrial program shall make a recommendation to the court. The
recommendation shall indicate any special supervisory conditions for
pretrial release. The judge shall consider the recommendations and
may grant or deny pretrial release. The presiding judge of the
judicial district may issue a standing order outlining criteria for
cases that may automatically be evaluated for pretrial release by a
pretrial program operating in the jurisdiction. The standing order
0"* "".$! "!.! "4+-2
may include amounts for bail and types of bonds deemed appropriate
for certain offenses.
C. Except as otherwise authorized by the provisions of this
subsection, persons accused of or detained for any of the following
offenses or conditions shall not be eligible for pretrial release by
any pretrial program:
1. Aggravated driving under the influence of an intoxicating
substance;
2. Any felony driving under the influence of an intoxicating
substance;
3. Any offense prohibited by the Trafficking In Illegal Drugs
Act;
4. Any person having a violent felony conviction within the past
ten (10) years;
5. Appeal bond;
6. Arson in the first degree, including attempts to commit arson
in the first degree;
7. Assault and battery on a police officer;
8. Bail jumping;
9. Bribery of a public official;
10. Burglary in the first or second degree;
11. Civil contempt proceedings;
12. Distribution of a controlled dangerous substance, including
the sale or possession of a controlled dangerous substance with
intent to distribute or conspiracy to distribute;
13. Domestic abuse, domestic assault or domestic assault and
battery with a dangerous weapon, or domestic assault and battery with
a deadly weapon;
14. Driving under the influence of intoxicating substance where
property damage or personal injury occurs;
15. Felony discharging a firearm from a vehicle;
16. Felony sex offenses;
17. Fugitive bond or a governor's fugitive warrant;
18. Immigration charges;
19. Kidnapping;
20. Juvenile or youthful offender detention;
21. Manslaughter;
22. Manufacture of a controlled dangerous substance;
23. Murder in the first degree, including attempts or conspiracy
to commit murder in the first degree;
24. Murder in the second degree, including attempts or
conspiracy to commit murder in the second degree;
25. Negligent homicide;
26. Out-of-county holds;
27. Persons currently on pretrial release who are arrested on a
new felony offense;
0"* "".$! "!.! "4+-5
28. Possession, manufacture, use, sale or delivery of an
explosive device;
29. Possession of a controlled dangerous substance on Schedule I
or II of the Controlled Dangerous Substances Act;
30. Possession of a firearm or other offensive weapon during the
commission of a felony;
31. Possession of a stolen vehicle;
32. Rape in the first degree, including attempts to commit rape
in the first degree;
33. Rape in the second degree, including attempts to commit rape
in the second degree;
34. Robbery by force or fear;
35. Robbery with a firearm or dangerous weapon, including
attempts to commit robbery with a firearm or dangerous weapon;
36. Sexual assault or violent offenses against children;
37. Shooting with intent to kill;
38. Stalking or violation of a Victim Protection Order;
39. Two or more prior felony convictions; or
40. Unauthorized use of a motor vehicle.
D. A person not eligible for pretrial release pursuant to the
provisions of subsection C of this section may be released upon order
of a district judge, associate district judge or special judge under
conditions prescribed by the judge, which may include an order to
require the defendant, as a condition of pretrial release, to use or
participate in any monitoring or testing including, but not limited
to, a Global Positioning System (GPS) monitoring device and
urinalysis testing. The court may further order the defendant to pay
costs and expenses related to any supervision, monitoring or testing.
E. Every pretrial services program operating pursuant to the
provisions of this act shall meet the following minimum criteria:
1. The program shall establish a procedure for screening and
evaluating persons who are detained or have been arrested for the
alleged commission of a crime. The program shall obtain criminal
history records on detained persons through the National Crime
Information Center (NCIC). The information obtained from the
screening and evaluation process must be submitted in a written
report without unnecessary delay to the judge who is assigned to hear
pretrial release applications when the person is eligible for
pretrial release;
2. The program shall provide reliable information to the judge
relating to the person applying for pretrial release so a reasonable
decision can be made concerning the amount and type of bail
appropriate for pretrial release. The information provided shall be
based upon facts relating to the person's risk of danger to the
community and the risk of failure to appear for court; and
0"* "".$! "!.! "4+-7
3. The program shall make all reasonable attempts to provide the
court with information appropriate to each person considered for
pretrial release.
F. A pretrial program established pursuant to this act may
provide different methods and levels of community-based supervision
to meet any court-ordered conditions of release. The program may use
existing supervision methods for persons who are released prior to
trial. Pretrial programs which employ peace officers certified by
the Council on Law Enforcement Education and Training (CLEET) are
authorized to enforce court-ordered conditions of release.
G. Each pretrial program established pursuant to this act shall
provide a quarterly report to the presiding judge of the judicial
district of the jurisdiction in which it operates. A copy of the
report shall be filed of record with the court clerk of the
jurisdiction. Each report shall include, but is not limited to, the
following information:
1. The total number of persons screened, evaluated or otherwise
considered for pretrial release;
2. The total number and nature of recommendations made;
3. The number of persons admitted to pretrial release that
failed to appear; and
4. Any other information deemed appropriate by the reporting
judicial district or that the program desires to report.
H. Every pretrial release program established pursuant to this
section shall utilize the services of local providers; provided,
however, any program in continuous existence since July 1, 1999,
shall be exempt from the provisions of this subsection.
Added by Laws 2002, c. 125, § 3, eff. July 1, 2002. Amended by Laws
2008, c. 114, § 3, eff. Nov. 1, 2008; Laws 2011, c. 385, § 6, eff.
Nov. 1, 2011; Laws 2013, c. 77, § 1, eff. Nov. 1, 2013; Laws 2016, c.
59, § 2, eff. Nov. 1, 2016; Laws 2018, c. 2, § 1, emerg. eff. March
8, 2018.
§22-1106. Deposit for bail.
A deposit of the sum of money mentioned in the order admitting to
bail is equivalent to bail and upon such deposit the defendant must
be discharged from custody.
R.L.1910, § 6108.
§22-1107. Arrest of defendant by bail - Commitment of defendant and
exoneration of bail.
Any party charged with a criminal offense and admitted to bail
may be arrested by his bail at any time before they are finally
discharged, and at any place within the state; or by a written
authority indorsed on a certified copy of the recognizance, bond or
undertaking, may empower any officer or person of suitable age and
discretion, to do so, and he may be surrendered and delivered to the
0"* "".$! "!.! "4+-8
proper sheriff or other officer, before any court, judge or
magistrate having the proper jurisdiction in the case; and at the
request of such bail the court, judge or magistrate shall recommit
the party so arrested to the custody of the sheriff or other officer,
and endorse on the cognizance, bond or undertaking, or certified copy
thereof, after notice to the district attorney, and if no cause to
the contrary appear, the discharge and exoneration of such bail; and
the party so committed shall therefrom be held in custody until
discharged by due course of law.
R.L.1910, § 6109.
§22-1108. Forfeiture of bail.
If the defendant neglects to appear according to the terms or
conditions of the recognizance, bond or undertaking, either for
hearing, arraignment, trial or judgment, or upon any other occasion
when his presence in court or before the magistrate may be lawfully
required, or to surrender himself in execution of the judgment, the
court must direct the fact to be entered upon its minutes, and the
recognizance, bond or undertaking of bail, or the money deposited
instead of bail, as the case may be, is and shall be thereupon
declared forfeited and forfeiture proceedings shall then proceed as
prescribed in Section 1332 of Title 59 of the Oklahoma Statutes. If
money deposited instead of bail be so forfeited, the clerk of the
court or other officer with whom it is deposited, must, immediately
after the final adjournment of the court, pay over the money
deposited to the county treasurer.
Provided however, if a person charged with a traffic offense
neglects to appear for arraignment after signing a written promise to
appear as provided for by the State and Municipal Traffic Bail Bond
Procedure Act, Section 1115 et seq. of this title and no other form
of bail has been substituted therefor, then said recognizance shall
not be forfeited as provided in this section and the court shall
proceed in accordance with the provisions of Section 1115 et seq. of
this title.
Amended by Laws 1988, c. 178, § 4, eff. Nov. 1, 1988; Laws 1989, c.
348, § 16, eff. Nov. 1, 1989.
§22-1108.1. Own recognizance bonds - Requirements for posting -
Forfeiture action and collection of forfeiture.
A. Own recognizance bonds set in a penal amount shall be posted
by executing an own recognizance indenture contract which shall be
executed and maintained by the district court clerk. The indenture
shall constitute an inchoate obligation to pay in the event
forfeiture proceedings are commenced and result in a final order of
forfeiture by the authorizing and issuing judge of the district
court.
0"* "".$! "!.! "4+-9
B. Setting aside of forfeitures shall be governed by the same
rules and procedures applicable to cash, property or surety bonds,
provided that if the forfeiture is set aside, the district court
shall exempt from forfeiture set aside all reasonable costs of
recovery to return the defendant to custody, and an administrative
fee to be retained by the court fund in a sum not to exceed ten
percent (10%) of the total penal bond amount plus all costs incurred
in processing the forfeiture proceeding to include costs of notices,
warrants, service and execution.
C. The final judgment of forfeiture shall constitute a judgment
enforceable through all procedures available for the collection of a
civil judgment, provided that the judgment shall be considered a debt
in the nature of defalcation as defined by the United States
Bankruptcy Code, and shall not be subject to other forms of debtor
relief. The judgment shall be subject to collection as costs in the
underlying action regardless of final disposition or determination of
guilt.
D. The district attorney or the Administrator of the District
Court Cost Collection Division as determined by administration order
in each judicial district shall initiate the forfeiture action and
collection of forfeitures and shall receive one-third (1/3) of all
sums collected from the ten percent (10%) premium, not to include
costs as defined in subsection B of this section, to offset the costs
of administering the program.
E. This section does not apply to traffic or wildlife cases.
Added by Laws 2004, c. 148, § 1, eff. Nov. 1, 2004.
§22-1108.2. Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1, 2005.
§22-1109. Additional security may be required.
When proof is made to any court, judge or other magistrate having
authority to commit on criminal charges, that a person previously
admitted to bail on any such charge is about to abscond, or that his
bail is insufficient, or has removed from the state, the judge or
magistrate shall require such person to give better security, or for
default thereof cause him to be committed to prison; and an order for
his arrest may be endorsed on the former commitment, or a new warrant
therefor may be issued by such judge or magistrate, setting forth the
cause thereof.
R.L.1910, § 6111.
§22-1110. Jumping bail - Penalties.
Whoever, having been admitted to bail or released on
recognizance, bond, or undertaking for appearance before any
magistrate or court of the State of Oklahoma, incurs a forfeiture of
the bail or violates such undertaking or recognizance and willfully
fails to surrender himself within five (5) days following the date of
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such forfeiture shall, if the bail was given or undertaking or
recognizance extended in connection with a charge of felony or
pending appeal or certiorari after conviction of any such offense, be
guilty of a felony and shall be fined not more than One Thousand
Dollars ($1,000.00) or imprisoned not more than one (1) year, or
both. Nothing in this section shall be construed to interfere with
or prevent the exercise by any court of its power to punish for
contempt.
Added by Laws 1965, c. 373, § 1, emerg. eff. June 28, 1965. Amended
by Laws 1997, c. 133, § 437, eff. July 1, 1999; Laws 1999, 1st
Ex.Sess., c. 5, § 321, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 437 from July 1, 1998, to July 1, 1999.
§22-1111. Bail for violating water safety law, Wildlife Conservation
Code or other bail laws - Deposit of operator’s license in lieu of
bail.
A. Any person arrested by a law enforcement officer for any
violation of any statute relating to water safety or for any
misdemeanor violation of the Oklahoma Wildlife Conservation Code, in
addition to other provisions of law for posting bail, shall be
admitted to bail as follows:
1. By posting cash bail, of an amount as prescribed by the
schedule prepared pursuant to subsection E of Section 1115.3 of this
title, in an envelope addressed to the court clerk of the district
court of the appropriate jurisdiction. The defendant, in the
presence of the arresting officer, shall deposit the envelope
containing the citation, on which the date of the hearing has been
indicated by the arresting officer, and the bail bond for the
appearance at such time and place, in the United States mail. The
arresting officer shall furnish a receipt to the person. For the
purpose of this section, cashier's checks, postal money orders,
instruments commonly known as traveler's checks, certified checks,
and personal checks shall be considered as cash. Any person who does
not post a cash bail shall deposit with the arresting officer a valid
license to operate a motor vehicle; provided that an out-of-state
arrestee posting cash by personal check shall deposit with the
arresting officer a valid license to operate a motor vehicle as
provided in subsection B of this section, except the receipt shall
cease to operate as a driver license if the personal check is not
honored after the last presentment. The court clerk shall supply the
office of the sheriff, the Department of Public Safety and the
Oklahoma Department of Wildlife Conservation with postage paid
preaddressed envelopes. The cost of the envelopes and postage shall
be paid from the court fund; or
2. By depositing with the arresting officer a valid license to
operate a motor vehicle, in exchange for an official receipt issued
0"* "".$! "!.! "4+2
by the arresting officer. The driver license and citation shall be
transmitted by the arresting officer to the clerk of the court having
jurisdiction over the offense.
B. Application for a replacement driver license during the
period when the original license is posted in lieu of cash bail shall
be a misdemeanor and upon conviction shall be punished by a fine of
not more than Five Hundred Dollars ($500.00) or by imprisonment for
not less than seven (7) days nor more than six (6) months, or by both
such fine and imprisonment. Provided, that notice of the fine and
punishment shall be printed on the receipt issued for deposit of a
driver license in lieu of cash bail. The receipt for posting bail by
depositing a valid driver license shall be on forms approved by the
Commissioner of Public Safety. The receipt shall be recognized as a
driver license and shall authorize the operation of a motor vehicle
until the date of arraignment but not exceeding twenty (20) days.
Added by Laws 1968, c. 115, § 1, eff. Jan. 13, 1969. Amended by Laws
1970, c. 64, § 1, emerg. eff. March 16, 1970; Laws 1980, c. 248, § 1,
eff. Oct. 1, 1980; Laws 2005, c. 190, § 3, eff. Sept. 1, 2005.
§22-1111.1. Return of operator's license.
The court clerk shall return an operator's license deposited in
lieu of cash bail, as provided by Section 1111 of this title, to the
defendant upon the following:
(a) acceptance of the defendant's personal check for cash bail
and collection of funds;
(b) appearance to answer the charge or to post bond; or
(c) election to enter a plea of guilty by transmitting to the
court clerk the cash bail as provided by Section 1112 of this title.
Laws 1980, c. 248, § 2, eff. Oct. 1, 1980.
§22-1111.2. Failure to appear for arraignment.
The arresting officer shall indicate on the citation the date of
the arraignment, and the defendant shall appear in person or by
counsel at the stated time and place for arraignment. If the
defendant fails to appear in court in person or by counsel for
arraignment on the charge against him, or fails to arrange with the
court within the time designated on the citation for a future
appearance, the cash bail, if cash bail has been deposited by the
defendant, shall be forfeited. If a license to operate a motor
vehicle has been deposited under subsection (b) of Section 1111 of
this title, the court clerk shall immediately forward to the
Department of Public Safety the operator's license attached to an
official notification form furnished by the Department of Public
Safety, advising that the defendant failed to appear; in addition, on
motion of the district attorney, the court shall issue a bench
warrant for the arrest of the defendant. If a license has been
deposited under subsection (a) of Section 1111 of this title and the
0"* "".$! "!.! "4+2
out-of-state defendant's personal check is not honored, the court
clerk shall immediately forward to the Department of Public Safety
the license stating that the check has not been honored. If bail has
been forfeited, on motion of the district attorney, the court shall
issue a bench warrant. Provided, however, that bail forfeiture shall
not be construed as a plea of guilty or admission in any civil action
that may thereafter arise by reason of said occurrence.
Laws 1980, c. 248, § 3, eff. Oct. 1, 1980.
§22-1112. Repealed by Laws 1990, c. 142, § 3, operative July 1,
1990.
§22-1113. Plea of guilty.
The person so charged who elects to plead guilty may indicate his
plea of guilty on the ticket or warrant; and said bond deposit shall
be used for payment of fine and costs, which fine and costs shall not
exceed the amount of bond.
Laws 1968, c. 115, § 3; Laws 1970, c. 64, § 2, emerg. eff. March 16,
1970.
§22-1114.3. Traffic citation - Delivery of complaint information and
abstract of court record - Citation as information.
A. Upon issuing a traffic citation required to be filed in
district court, the arresting officer or the law enforcement agency
employing the arresting officer shall deliver or forward the
“Complaint Information” and “Abstract of Court Record” parts of the
citation, in electronic or written format:
1. To the district court clerk without the endorsement of the
district attorney or an assistant district attorney. It shall be the
duty of the district court clerk to deliver the “Complaint
Information” to the district attorney who shall endorse or decline
and file the “Complaint Information” with the district court clerk;
or
2. If the officer has issued a citation which could result in
the district attorney filing an information, to the district attorney
who shall endorse or decline and file both parts of the citation with
the district court clerk.
B. Upon receipt of a traffic citation by the district court
clerk, the district court clerk shall deliver the original “Complaint
Information” to the district attorney. The district court clerk’s
office shall maintain the “Abstract of Court Record” part of the
citation until the final disposition of the case.
C. After final disposition of the case by the district attorney,
including a case which is declined, the district court clerk shall
clearly mark the “Abstract of Court Record” part of the citation with
the disposition information of the case and forward the “Abstract of
Court Record” to the Department of Public Safety, as provided in
0"* "".$! "!.! "4+2+
Section 18-101 of Title 47 of the Oklahoma Statutes. The “Abstract
of Court Record” copy of the citation shall not be obscured by any
official stamp of the district court or the district court clerk’s
office.
D. Forwarding of the “Abstract of Court Record” copy of a
citation by electronic means to the Department of Public Safety shall
be in a manner and format as approved by the Department, and shall
include the information required by Section 18-101 of Title 47 of the
Oklahoma Statutes.
E. A traffic citation that is certified by the arresting
officer, the complainant, the district attorney, or the assistant
district attorney shall constitute an information against the person
arrested and served with the traffic citation.
F. For purposes of this section, “endorsement by the district
attorney” and “filing with the court clerk” may be accomplished by
electronic means using any method approved for electronic filing in
the courts of this state. Both the “Complaint Information” and
“Abstract of Court Record” parts of the citation may be forwarded to,
and provided by, the district court clerk in an electronic form.
Neither a paper copy of the citation, nor an original “wet ink”
endorsement or signature shall be required from any party when using
an approved electronic method.
Added by Laws 1968, c. 185, § 3, eff. Jan. 13, 1969. Amended by Laws
1968, c. 383, § 4, eff. Jan. 13, 1969; Laws 1969, c. 276, § 2, emerg.
eff. April 25, 1969; Laws 1991, c. 238, § 35, eff. July 1, 1991; Laws
2000, c. 159, § 3, emerg. eff. April 28, 2000; Laws 2006, c. 204, §
1, eff. Nov. 1, 2006; Laws 2012, c. 278, § 4, eff. Nov. 1, 2012.
§22-1114.3A. Citations - Delivery of Complaint Information and
Abstract of Court Record.
A. Upon issuing a citation other than a traffic citation as
provided for in Section 1114.3 of this title, that is required to be
filed in district court, the arresting Highway Patrol officer or the
Department of Public Safety shall deliver or forward the “Complaint
Information” or “Abstract of Court Record” of the citation, in
electronic or written format:
1. To the district court clerk without the endorsement of the
district attorney or an assistant district attorney. It shall be the
duty of the district court clerk to deliver the “Complaint
Information” to the district attorney who shall endorse or decline
and file the “Complaint Information” with the district court clerk;
or
2. To the district attorney, if the Highway Patrol officer has
issued a citation which could result in the district attorney filing
an information. The district attorney shall endorse or decline and
file both parts of the citation with the district court clerk.
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B. Upon receipt of a citation by the district court clerk, the
district court clerk shall deliver the original “Complaint
Information” to the district attorney. The district court clerk’s
office shall maintain the “Abstract of Court Record” part of the
citation until the final disposition of the case.
C. After final disposition of the case by the district attorney,
including a case which is declined, the district court clerk shall
clearly mark the “Abstract of Court Record” part of the citation with
the disposition information of the case and forward the “Abstract of
Court Record” to the Department of Public Safety, in the same manner
as for a traffic citation as prescribed in Section 18-101 of Title 47
of the Oklahoma Statutes. The “Abstract of Court Record” part of the
citation shall not be obscured by any official stamp of the district
court or the district court clerk’s office.
D. Forwarding of the “Abstract of Court Record” part of a
citation by electronic means to the Department of Public Safety shall
be allowable in a manner and format approved by the Department.
E. A citation that is certified by the arresting Highway Patrol
officer, the district attorney or an assistant district attorney
shall constitute an information against the person arrested and
served with a citation.
F. For purposes of this section, “endorsement by the district
attorney” and “filing with the court clerk” may be accomplished by
electronic means using any method approved for electronic filing in
the courts of this state. Both the “Complaint Information” and
“Abstract of Court Record” parts of the citation may be forwarded to,
and provided by, the district court clerk in an electronic form.
Neither a paper copy of the citation, nor an original “wet ink”
endorsement or signature shall be required from any party when using
an approved electronic method.
Added by Laws 2003, c. 461, § 2, eff. July 1, 2003. Amended by Laws
2006, c. 204, § 2, eff. Nov. 1, 2006; Laws 2012, c. 278, § 5, eff.
Nov. 1, 2012.
§22-1115. Short title - Application.
Sections 1115 through 1115.5 of this title shall be known and may
be cited as the "State and Municipal Traffic, Water Safety, and
Wildlife Bail Bond Procedure Act". The provisions of the State and
Municipal Traffic, Water Safety, and Wildlife Bail Bond Procedure Act
shall not apply to parking or standing traffic violations.
Added by Laws 1986, c. 250, § 1, operative July 1, 1987. Amended by
Laws 2005, c. 190, § 4, eff. Sept. 1, 2005.
§22-1115.1. Release on personal recognizance - Arraignment - Plea -
Failure to plead or appear.
A. In addition to other provisions of law for posting bail, any
person, whether a resident of this state or a nonresident, who is
0"* "".$! "!.! "4+22
arrested by a law enforcement officer solely for a misdemeanor
violation of a state traffic law or municipal traffic ordinance,
shall be released by the arresting officer upon personal recognizance
if:
1. The arrested person has been issued a valid license to
operate a motor vehicle by this state, another state jurisdiction
within the United States, which is a participant in the Nonresident
Violator Compact or any party jurisdiction of the Nonresident
Violator Compact;
2. The arresting officer is satisfied as to the identity of the
arrested person;
3. The arrested person signs a written promise to appear as
provided for on the citation, unless the person is unconscious or
injured and requires immediate medical treatment as determined by a
treating physician; and
4. The violation does not constitute:
a. a felony, or
b. negligent homicide, or
c. driving or being in actual physical control of a motor
vehicle while impaired or under the influence of
alcohol or other intoxicating substances, unless the
person is unconscious or injured and requires immediate
medical treatment as determined by a treating
physician, or
d. eluding or attempting to elude a law enforcement
officer, or
e. operating a motor vehicle without having been issued a
valid driver license, or while the driving privilege
and driver license is under suspension, revocation,
denial or cancellation, or
f. an arrest based upon an outstanding warrant, or
g. a traffic violation coupled with any offense stated in
subparagraphs a through f of this paragraph.
B. If the arrested person is eligible for release on personal
recognizance as provided for in subsection A of this section, then
the arresting officer shall:
1. Designate the traffic charge;
2. Record information from the arrested person's driver license
on the citation form, including the name, address, date of birth,
personal description, type of driver license, driver license number,
issuing state, and expiration date;
3. Record the motor vehicle make, model and tag information;
4. Record the date and time on the citation on which, or before
which, the arrested person promises to contact, pay, or appear at the
court, as applicable to the court; and
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5. Permit the arrested person to sign a written promise to
contact, pay, or appear at the court, as provided for in the
citation.
The arresting officer shall then release the person upon personal
recognizance based upon the signed promise to appear. The citation
shall contain a written notice to the arrested person that release
upon personal recognizance based upon a signed written promise to
appear for arraignment is conditional and that failure to timely
appear for arraignment shall result in the suspension of the arrested
person's driving privilege and driver license in this state, or in
the nonresident's home state pursuant to the Nonresident Violator
Compact.
C. The court, or the court clerk as directed by the court, may
continue or reschedule the date and time of arraignment upon request
of the arrested person or the attorney for that person. If the
arraignment is continued or rescheduled, the arrested person shall
remain on personal recognizance and written promise to appear until
such arraignment, in the same manner and with the same consequences
as if the continued or rescheduled arraignment was entered on the
citation by the arresting officer and signed by the defendant. An
arraignment may be continued or rescheduled more than one time.
Provided, however, the court shall require an arraignment to be had
within a reasonable time. It shall remain the duty of the defendant
to appear for arraignment unless the citation is satisfied as
provided for in subsection D of this section.
D. A defendant released upon personal recognizance may elect to
enter a plea of guilty or nolo contendere to the violation charged at
any time before the defendant is required to appear for arraignment
by indicating such plea on the copy of the citation furnished to the
defendant or on a legible copy thereof, together with the date of the
plea and signature. The defendant shall be responsible for assuring
full payment of the fine and costs to the appropriate court clerk.
Payment of the fine and costs may be made by personal, cashier's,
traveler's, certified or guaranteed bank check, postal or commercial
money order, or other form of payment approved by the court in an
amount prescribed as bail for the offense. Provided, however, the
defendant shall not use currency for payment by mail. If the
defendant has entered a plea of guilty or nolo contendere as provided
for in this subsection, such plea shall be accepted by the court and
the amount of the fine and costs shall be:
1. As prescribed in Section 1115.3 of this title as bail for the
violation; or
2. In case of a municipal violation, as prescribed by municipal
ordinance for the violation charged; or
3. In the absence of such law or ordinance, then as prescribed
by the court.
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E. 1. If, pursuant to the provisions of subsection D of this
section, the defendant does not timely elect to enter a plea of
guilty or nolo contendere and fails to timely appear for arraignment,
the court may issue a warrant for the arrest of the defendant and the
municipal or district court clerk, within one hundred twenty (120)
calendar days from the date the citation was issued by the arresting
officer, shall notify the Department of Public Safety that:
a. the defendant was issued a traffic citation and
released upon personal recognizance after signing a
written promise to appear for arraignment as provided
for in the citation,
b. the defendant has failed to appear for arraignment
without good cause shown,
c. the defendant has not posted bail, paid a fine, or made
any other arrangement with the court to satisfy the
citation, and
d. the citation has not been satisfied as provided by law.
Additionally, the court clerk shall request the Department of Public
Safety to either suspend the defendant's driving privilege and driver
license to operate a motor vehicle in this state, or notify the
defendant's home state and request suspension of the defendant's
driving privilege and driver license in accordance with the
provisions of the Nonresident Violator Compact. Such notice and
request shall be on a form approved or furnished by the Department of
Public Safety.
2. The court clerk shall not process the notification and
request provided for in paragraph 1 of this subsection if, with
respect to such charges:
a. the defendant was arraigned, posted bail, paid a fine,
was jailed, or otherwise settled the case, or
b. the defendant was not released upon personal
recognizance upon a signed written promise to appear as
provided for in this section or if released, was not
permitted to remain on such personal recognizance for
arraignment, or
c. the violation relates to parking or standing, or
d. a period of one hundred twenty (120) calendar days or
more has elapsed from the date the citation was issued
by the arresting officer.
F. Following receipt of the notice and request from the court
clerk for driving privilege and driver license suspension as provided
for in subsection E of this section, the Department of Public Safety
shall proceed as provided for in Section 1115.5 of this title.
G. The municipal or district court clerk shall maintain a record
of each request for driving privilege and driver license suspension
submitted to the Department of Public Safety pursuant to the
provisions of this section. When the court or court clerk receives
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appropriate bail or payment of the fine and costs, settles the
citation, makes other arrangements with the defendant, or otherwise
closes the case, the court clerk shall furnish proof thereof to such
defendant, if the defendant personally appears, or shall mail such
proof by first class mail, postage prepaid, to the defendant at the
address noted on the citation or at such other address as is
furnished by the defendant. Additionally, the court or court clerk
shall notify the home jurisdiction of the defendant as listed on the
citation, if such jurisdiction is a member of the Nonresident
Violator Compact, and shall, in all other cases, notify the
Department, of the resolution of the case. The form of proof and the
procedures for notification shall be approved by the Department of
Public Safety. Provided, however, the court or court clerk's failure
to furnish such proof or notice in the manner provided for in this
subsection shall in no event create any civil liability upon the
court, the court clerk, the State of Oklahoma or any political
subdivision thereof, or any state department or agency or any
employee thereof but duplicate proof shall be furnished to the person
entitled thereto upon request.
Added by Laws 1986, c. 250, § 2, operative July 1, 1987. Amended by
Laws 1990, c. 203, § 1, emerg. eff. May 10, 1990; Laws 1995, c. 193,
§ 4, eff. July 1, 1995; Laws 1995, c. 313, § 9, eff. July 1, 1995;
Laws 1997, c. 193, § 4, eff. Nov. 1, 1997; Laws 2006, c. 204, § 3,
eff. Nov. 1, 2006.
§22-1115.1A. Release on personal recognizance for traffic violation
– Arraignment – Plea – Failure to plead or appear.
A. In addition to other provisions of law for posting bail, any
person, whether a resident of this state or a nonresident, who is
arrested by a law enforcement officer solely for a misdemeanor
violation of a state traffic law or municipal traffic ordinance,
shall be released by the arresting officer upon personal recognizance
if:
1. The arrested person has been issued a valid license to
operate a motor vehicle by this state, another state jurisdiction
within the United States, which is a participant in the Nonresident
Violator Compact or any party jurisdiction of the Nonresident
Violator Compact;
2. The arresting officer is satisfied as to the identity of the
arrested person and certifies the date and time and the location of
the violation, as evidence by the electronic signature of the
officer;
3. The arrested person acknowledges, as evidenced by the
electronic signature of the person, a written promise to appear as
provided for on the citation, unless the person is unconscious or
injured and requires immediate medical treatment as determined by a
treating physician; and
0"* "".$! "!.! "4+29
4. The violation does not constitute:
a. a felony,
b. negligent homicide,
c. driving or being in actual physical control of a motor
vehicle while impaired or under the influence of
alcohol or other intoxicating substances, unless the
person is unconscious or injured and requires immediate
medical treatment as determined by a treating
physician,
d. eluding or attempting to elude a law enforcement
officer,
e. operating a motor vehicle without having been issued a
valid driver license or while the driving privilege and
driver license is under suspension, revocation, denial
or cancellation,
f. an arrest based upon an outstanding warrant, or
g. a traffic violation coupled with any offense stated in
subparagraphs a through f of this paragraph.
B. If the arrested person is eligible for release on personal
recognizance as provided for in subsection A of this section, then
the arresting officer shall on the citation:
1. Designate the traffic charge;
2. Record information from the driver license of the arrested
person on the citation form, including the name, address, date of
birth, physical description, type of driver license, driver license
number, issuing state, and expiration date;
3. Record the motor vehicle make, model and tag information;
4. Record the date and time on which, or before which, the
arrested person promises, as evidenced by the electronic signature of
the person, to contact, pay, or appear at the court, as applicable to
the court;
5. Record the electronic signature of the arrested person which
shall serve as evidence and acknowledgment of a promise to contact,
pay, or appear at the court, as provided for in the citation; and
6. Record the electronic signature of the arrested person which
shall serve as evidence to certify the date and time and the location
that the arrested person was served with a copy of the citation and
notice to appear,
after which, the arresting officer shall then release the person upon
personal recognizance based upon the acknowledged promise to appear.
The citation shall contain a written notice to the arrested person
that release upon personal recognizance based upon an acknowledged
promise to appear, as evidenced by the electronic signature of the
person, for arraignment is conditional and that failure to timely
appear for arraignment shall result in the suspension of the driving
privilege and driver license of the arrested person in this state, or
0"* "".$! "!.! "4+5:
in the home state of the nonresident pursuant to the Nonresident
Violator Compact.
C. The court, or the court clerk as directed by the court, may
continue or reschedule the date and time of arraignment at the
discretion of the court or upon request of the arrested person or the
attorney for that person. If the arraignment is continued or
rescheduled, the arrested person shall remain on personal
recognizance and acknowledged promise to appear until such
arraignment, in the same manner and with the same consequences as if
the continued or rescheduled arraignment was entered on the citation
by the arresting officer and electronically signed by the defendant.
An arraignment may be continued or rescheduled more than one time.
Provided, however, the court shall require an arraignment to be had
within a reasonable time. It shall remain the duty of the defendant
to appear for arraignment unless the citation is satisfied as
provided for in subsection D of this section.
D. A defendant released upon personal recognizance may elect to
enter a plea of guilty or nolo contendere to the violation charged at
any time before the defendant is required to appear for arraignment
by indicating such plea on the copy of the citation furnished to the
defendant or on a legible copy, together with the date of the plea
and signature of the defendant, or such plea may be entered by the
defendant using an electronic method provided by the court for such
purposes, either through the website of the court or otherwise. The
defendant shall be responsible for assuring full payment of the fine
and costs to the appropriate court clerk. Payment of the fine and
costs may be made by personal, cashier's, traveler's, certified or
guaranteed bank check, postal or commercial money order, or other
form of payment approved by the court in an amount prescribed as bail
for the offense. Provided, however, the defendant shall not use
currency for payment by mail. If the defendant has entered a plea of
guilty or nolo contendere as provided for in this subsection, such
plea shall be accepted by the court and the amount of the fine and
costs shall be:
1. As prescribed in Section 1115.3 of this title as bail for the
violation;
2. In case of a municipal violation, as prescribed by municipal
ordinance for the violation charged; or
3. In the absence of such law or ordinance, then as prescribed
by the court.
E. 1. If, pursuant to the provisions of subsection D of this
section, the defendant does not timely elect to enter a plea of
guilty or nolo contendere and fails to timely appear for arraignment,
the court may issue a warrant for the arrest of the defendant. The
municipal or district court clerk, within one hundred twenty (120)
calendar days from the date the citation was issued by the arresting
officer, shall notify the Department of Public Safety that:
0"* "".$! "!.! "4+5
a. the defendant was issued a traffic citation and
released upon personal recognizance after acknowledging
a written promise to appear for arraignment as provided
for in the citation,
b. the defendant has failed to appear for arraignment
without good cause shown,
c. the defendant has not posted bail, paid a fine, or made
any other arrangement with the court to satisfy the
citation, and
d. the citation has not been satisfied as provided by law.
Additionally, the court clerk shall request the Department of Public
Safety to either suspend the driving privilege and driver license of
the defendant to operate a motor vehicle in this state, or notify the
home state of the defendant and request suspension of the driving
privilege and driver license of the defendant in accordance with the
provisions of the Nonresident Violator Compact. The notice and
request shall be on a form approved or furnished by the Department of
Public Safety.
2. The court clerk shall not process the notification and
request provided for in paragraph 1 of this subsection if, with
respect to such charges:
a. the defendant was arraigned, posted bail, paid a fine,
was jailed, or otherwise settled the case,
b. the defendant was not released upon personal
recognizance upon an acknowledged written promise to
appear as provided for in this section or if released,
was not permitted to remain on such personal
recognizance for arraignment,
c. the violation relates to parking or standing, or
d. a period of one hundred twenty (120) calendar days or
more has elapsed from the date the citation was issued
by the arresting officer.
F. Following receipt of the notice and request from the court
clerk for driving privilege and driver license suspension as provided
for in subsection E of this section, the Department of Public Safety
shall proceed as provided for in Section 1115.5 of this title.
G. The municipal or district court clerk shall maintain a record
of each request for driving privilege and driver license suspension
submitted to the Department of Public Safety pursuant to the
provisions of this section. When the court or court clerk receives
appropriate bail or payment of the fine and costs, settles the
citation, makes other arrangements with the defendant, or otherwise
closes the case, the court clerk shall furnish proof thereof to the
defendant, if the defendant personally appears, or shall mail such
proof by first-class mail, postage prepaid, to the defendant at the
address noted on the citation or at such other address as is
furnished by the defendant or by e-mail if the defendant has
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furnished an e-mail address for such purposes. Additionally, the
court or court clerk shall notify the home jurisdiction of the
defendant as listed on the citation, if such jurisdiction is a member
of the Nonresident Violator Compact, and shall, in all other cases,
notify the Department of the resolution of the case. The form of
proof and the procedures for notification shall be approved by the
Department of Public Safety. Provided however, failure by the court
or court clerk to furnish such proof or notice in the manner provided
for in this subsection shall in no event create any civil liability
upon the court, the court clerk, the State of Oklahoma or any
political subdivision thereof, or any state department or agency or
any employee thereof but duplicate proof shall be furnished to the
person entitled to such proof or notice upon request.
H. For purposes of this section, "electronic signature" shall
have the same meaning as defined in Section 15-102 of Title 12A of
the Oklahoma Statutes.
Added by Laws 2009, c. 84, § 1, eff. Nov. 1, 2009. Amended by Laws
2013, c. 13, § 1, eff. Nov. 1, 2013; Laws 2013, c. 61, § 1, eff. Nov.
1, 2013.
§22-1115.2. Posting bail after release on personal recognizance for
traffic violation - Failure to appear - Person ineligible for release
on personal recognizance - Juveniles.
A. If a person arrested for a traffic violation is released upon
personal recognizance as provided for in Section 1115.1 of this
title, but subsequently posts bail and thereafter fails to timely
appear as provided for by law, the court may issue a warrant for the
person's arrest and the case shall be processed as follows:
1. If for a state traffic violation, as provided for in Section
1108 of this title; or
2. If for a violation filed in a municipal court not of record,
as provided for in Section 27-118 of Title 11 of the Oklahoma
Statutes; or
3. If for a violation filed in a municipal court of record, as
provided for in Section 28-127 of Title 11 of the Oklahoma Statutes.
B. If the defendant is not eligible for release upon personal
recognizance as provided for in Section 1115.1 of this title, or if
eligible but refuses to sign a written promise to appear, the officer
shall deliver the person to an appropriate magistrate for arraignment
and the magistrate shall proceed as otherwise provided for by law.
If no magistrate is available, the defendant shall be placed in the
custody of the appropriate municipal or county jailor or custodian,
to be held until a magistrate is available or bail is posted as
provided for in Section 1115.3 of this title or as otherwise provided
for by law or ordinance.
C. 1. Notwithstanding any other provision of law, a juvenile
may be held in custody pursuant to the provisions of this section,
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but shall be incarcerated separately from any adult offender.
Provided however, the arresting officer shall not be required to:
a. place a juvenile into custody as provided for in this
section, or
b. place any other traffic offender into custody:
(1) who is injured, disabled, or otherwise
incapacitated, or
(2) if custodial arrest may require impoundment of a
vehicle containing livestock, perishable cargo, or
items requiring special maintenance or care, or
(3) if extraordinary circumstances exist, which, in
the judgment of the arresting officer, custodial
arrest should not be made.
In such cases, the arresting officer may designate the date and time
on the citation by which, or on which, the person shall appear or
contact the court, as applicable to the court, and release the
person. If the person fails to appear without good cause shown, the
court may issue a warrant for the person's arrest.
2. The provisions of this subsection shall not be construed to:
a. create any duty on the part of the officer to release a
person from custody, or
b. create any duty on the part of the officer to make any
inquiry or investigation relating to any condition
which may justify release under this subsection, or
c. create any liability upon any officer, or the state or
any political subdivision thereof, arising from the
decision to release or not to release such person from
custody pursuant to the provisions of this subsection.
Added by Laws 1986, c. 250, § 3, operative July 1, 1987. Amended by
Laws 2006, c. 204, § 4, eff. Nov. 1, 2006.
§22-1115.2B. Posting bail after release on personal recognizance for
traffic violation – Failure to appear – Person ineligible for release
on personal recognizance - Juveniles.
A. If a person arrested for a traffic violation is released upon
personal recognizance as provided for in Section 1 of this act, but
subsequently posts bail and thereafter fails to timely appear as
provided for by law, the court may issue a warrant for the arrest of
the person and the case shall be processed as follows:
1. If for a state traffic violation, as provided for in Section
1108 of Title 22 of the Oklahoma Statutes;
2. If for a violation filed in a municipal court not of record,
as provided for in Section 27-118 of Title 11 of the Oklahoma
Statutes; or
3. If for a violation filed in a municipal court of record, as
provided for in Section 28-127 of Title 11 of the Oklahoma Statutes.
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B. If the defendant is not eligible for release upon personal
recognizance as provided for in Section 1 of this act, or if eligible
but refuses to acknowledge a written promise to appear, as evidenced
by the electronic signature of the person, the officer shall deliver
the person to an appropriate magistrate for arraignment and the
magistrate shall proceed as otherwise provided for by law. If no
magistrate is available, the defendant shall be:
1. Placed in the custody of the appropriate municipal or county
jailor or custodian, to be held until a magistrate is available or
bail is posted as provided for in Section 1115.4 of Title 22 of the
Oklahoma Statutes;
2. Released upon personal recognizance by the arresting officer
as provided in subsection A of Section 1 of this act; or
3. Processed as otherwise provided for by law or ordinance.
C. 1. Notwithstanding any other provision of law, a juvenile
may be held in custody pursuant to the provisions of this section,
but shall be incarcerated separately from any adult offender.
Provided however, the arresting officer shall not be required to:
a. place a juvenile into custody as provided for in this
section,
b. place any other traffic offender into custody:
(1) who is injured, disabled, or otherwise
incapacitated,
(2) if custodial arrest may require impoundment of a
vehicle containing livestock, perishable cargo, or
items requiring special maintenance or care, or
(3) if extraordinary circumstances exist, which, in
the judgment of the arresting officer, custodial
arrest should not be made.
In such cases, the arresting officer may record the date and time on
the citation by which, or on which, the person shall appear or
contact the court, as applicable to the court, and release the
person. If the person fails to appear without good cause shown, the
court may issue a warrant for the arrest of the person.
2. The provisions of this subsection shall not be construed to:
a. create any duty on the part of the officer to release a
person from custody,
b. create any duty on the part of the officer to make any
inquiry or investigation relating to any condition
which may justify release under this subsection, or
c. create any liability upon any officer, or the state or
any political subdivision thereof, arising from the
decision to release or not to release such person from
custody pursuant to the provisions of this subsection.
Added by Laws 2009, c. 84, § 2, eff. Nov. 1, 2009.
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§22-1115.3. State traffic-related offenses - State wildlife-related
or water safety-related offenses - Bail.
A. The court shall prescribe the amount of bail for the
following state traffic-related offenses:
1. Any felony;
2. Negligent homicide;
3. Driving or being in actual physical control of a motor
vehicle while impaired by or under the influence of alcohol or other
intoxicating substances;
4. Eluding or attempting to elude a law enforcement officer;
5. Driving while license is under suspension, revocation, denial
or cancellation;
6. Failure to stop or remain at the scene of an accident; and
7. Any other traffic violation for which a defendant is
delivered to the judge of the court as magistrate pursuant to the
provisions of Section 1115.2 of this title, or other law.
B. The amount of bail for an overweight offense shall be the
amount of fine and costs, including any penalty assessment provided
for in the Oklahoma Statutes and the fees provided for in Sections
1313.2, 1313.3, 1313.4 and 1313.5 of Title 20 of the Oklahoma
Statutes.
C. The amount of bail for other state traffic-related offenses
shall be the amount of fine and costs including any penalty
assessments provided for in the Oklahoma Statutes and the fees
provided for in Sections 1313.2, 1313.3, 1313.4 and 1313.5 of Title
20 of the Oklahoma Statutes.
D. The amount of bail for a state wildlife-related or water
safety-related offense shall be the amount of fine and costs
including any penalty assessment provided for in the Oklahoma
Statutes and the fees provided for in Sections 1313.2, 1313.3, 1313.4
and 1313.5 of Title 20 of the Oklahoma Statutes.
E. On or before September 1 of each year, the Administrative
Office of the Courts shall prepare a schedule of amounts to be
received as bail for each offense pursuant to subsections A, B, C and
D of this section and shall distribute the schedule to the Department
of Public Safety, each district court clerk in this state and to
other interested parties upon request.
F. The district court clerk, unless otherwise directed by the
court, shall accept bail or the payment of a fine and costs in the
form of currency or personal, cashier's, traveler's, certified or
guaranteed bank check, or postal or commercial money order for the
amount prescribed in this section for bail.
G. The district court clerk shall accept as bail a guaranteed
arrest bond certificate issued by a surety company, an automobile
club or trucking association, if:
1. The issuer is authorized to do business in this state by the
State Insurance Commissioner;
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2. The certificate is issued to and signed by the arrested
person;
3. The certificate contains a printed statement that appearance
of such person is guaranteed and the issuer, in the event of failure
of such person to appear in court at the time of trial, will pay any
fine or forfeiture imposed; and
4. The limit provided on the certificate equals or exceeds the
amount of bail provided for in this section.
Added by Laws 1986, c. 250, § 4, operative July 1, 1987. Amended by
Laws 1987, c. 181, § 8, eff. July 1, 1987; Laws 1989, c. 33, § 1,
emerg. eff. April 4, 1989; Laws 1990, c. 142, § 2, operative July 1,
1990; Laws 1990, c. 282, § 2, operative July 1, 1990; Laws 2006, c.
204, § 5, eff. Nov. 1, 2006.
§22-1115.4. Court clerk not liable on dishonored check - Bench
warrant and arrest of issuer.
A. In any case where a municipal court clerk or district court
clerk accepts any personal check or other form of a negotiable
instrument from the arrestee or from any person acting for or on his
behalf in payment of a fine or as bail for his appearance for
arraignment, trial or a hearing, and said check or instrument proves
to be on a closed account or is insufficient, false, bogus, a
forgery, or otherwise dishonored for any reason, the court clerk
shall not be civilly liable personally, or upon his official bond for
the amount of such instrument or for the amount of the fine imposed
in the case, or criminally liable therefor.
B. A personal check or other instrument tendered to a municipal
court clerk or district court clerk for bail or for the payment of
fine and costs, if dishonored and returned to said clerk for any
reason other than the lack of proper endorsement, shall constitute
nonpayment of bail or fine, as the case may be, and the court, in
addition to any civil or criminal remedy otherwise provided for by
law, may issue a bench warrant for the arrest of the person named on
the citation to require his appearance on the charge specified.
Added by Laws 1986, c. 250, § 5, operative July 1, 1987.
§22-1115.5. Department of Public Safety - Power and duties relative
to suspension of driving privilege.
A. 1. Following receipt of notification and a request for
driving privilege suspension from a municipal or district court clerk
as provided for in Section 1115.1 of this title or Section 1 of this
act, the Department of Public Safety shall:
a. suspend the privilege of the person to operate a motor
vehicle in this state; or
b. request suspension of the driving privilege of the
person in the state which issued the license as
provided by the Nonresident Violator Compact.
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A person whose license is subject to suspension pursuant to this
section may avoid the effective date of the suspension or, if
suspended, shall be eligible for reinstatement, if otherwise
eligible, upon meeting the requirements of subsection C of this
section.
2. The Department of Public Safety may decline to initiate such
suspension action if the request is discovered to be improper or
questionable.
3. The Department shall not be required to issue more than one
suspension of the driving privilege of a person in the event multiple
requests for suspensions are received from a court clerk based upon
the failure of the person to appear at a particular time and date on
multiple charges.
B. Following receipt of a request from another jurisdiction for
the suspension of the driving privilege of an Oklahoma resident as
provided by the Nonresident Violator Compact, the Department of
Public Safety, if the request appears to be valid, shall initiate
suspension of the privilege of the person to operate a motor vehicle
in this state. If suspended, such suspension shall remain in effect
until the person meets the requirements of subsection C of this
section.
C. 1. A person whose license is subject to suspension in this
state pursuant to the provisions of this section may avoid the
effective date of suspension, or if suspended in this state, shall be
eligible for reinstatement, if otherwise eligible, upon:
a. making application therefore to the Department of
Public Safety, and
b. showing proof from the court or court clerk that the
person has entered an appearance in the case which was
the basis for the suspension action and was released by
the court as provided for by the Nonresident Violator
Compact or consistent provisions, and
c. submitting with the application the fees, as provided
for in Section 6-212 of Title 47 of the Oklahoma
Statutes. The fees shall be remitted to the State
Treasurer to be credited to the General Revenue Fund of
the State Treasury;
2. Upon reinstatement, the Department of Public Safety may
remove any record of the suspension and reinstatement as provided for
in this section from the file of the individual licensee and maintain
an internal record of the suspension and reinstatement for fiscal and
other purposes.
D. Any person whose driving privilege is suspended or subject to
suspension in this state pursuant to the provisions of this section,
at any time, may informally present specific reasons or documentation
to the Department of Public Safety to show that such suspension may
be unwarranted. The Department of Public Safety may stay the
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suspension or suspension action pending receipt of further
information or documentation from the person or from the jurisdiction
requesting such suspension, or pending review of the record, or other
inquiry. If the Department of Public Safety determines the
suspension is unwarranted, the suspension action shall be withdrawn
or vacated without the requirement of a processing fee and a
reinstatement fee and the Department of Public Safety shall
accordingly notify the jurisdiction which requested the suspension.
If, however, the request for suspension appears valid, the Department
of Public Safety shall proceed with suspension of the driving
privilege of the person and the person shall have the right to appeal
as provided for by Section 6-211 of Title 47 of the Oklahoma
Statutes. Provided, however, the court shall not consider
modification, but shall either sustain or vacate the order of
suspension of the Department of Public Safety based upon the records
on file with the Department of Public Safety, the law and other
relevant evidence.
Added by Laws 1986, c. 250, § 6, operative July 1, 1987. Amended by
Laws 1987, c. 205, § 66, operative July 1, 1987; Laws 1994, c. 218, §
11, eff. April 1, 1995; Laws 2003, c. 392, § 1, eff. July 1, 2003;
Laws 2009, c. 84, § 3, eff. Nov. 1, 2009.
§22-1121. Rewards from fugitives of justice.
The Governor or his designee may offer a reward not exceeding One
Thousand Dollars ($1,000.00), payable out of the State Treasury, for
the apprehension, or information leading to the apprehension:
1. Of any convict who has escaped from a state correctional
institution; or
2. Of any person who has committed, or is charged with the
commission of an offense, punishable with death.
R.L. 1910, § 6080. Amended by Laws 1986, c. 34, § 1, eff. Nov. 1,
1986.
§22-1122. Reward for arrest and conviction of person committing
felony.
The Governor is hereby authorized in his discretion to offer a
reward of not exceeding One Thousand Dollars ($1,000.00) for the
arrest and conviction of any person who commits or attempts to commit
any felony. Such reward may be paid to any officer, agency or person
who makes such arrest and conviction is secured. In case any person
shall forcibly resist arrest, and shall be killed in the attempt to
accomplish his arrest, the reward shall, in the discretion of the
Governor, be paid the same as in the case of conviction.
Laws 1915, c. 13, § 1.
§22-1123. Extradition - Delivery of accused.
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A person charged in any state or territory of the United States
with treason, felony, or other crime, who shall flee from justice and
be found in this State, must, on demand of the executive authority of
the state or territory from which he fled be delivered up by the
Governor of this state, to be removed to the state or territory
having jurisdiction of the crime.
R.L.1910, § 6081.
§22-1134. Costs of returning fugitives.
A. 1. When the Governor shall demand from the executive
authority of a state or territory of the United States or of a
foreign government the surrender to the authorities of this state of
a fugitive from justice, the accounts of the persons employed for
that purpose shall be paid out of the State Treasury and shall be
collected as costs in the case.
2. When extradition is demanded by the Governor upon the
application of a district attorney of any county, for the return of a
fugitive wanted in that county, the actual, necessary expenses of the
person designated by the district attorney and appointed as the agent
of the state to return the fugitive shall be paid by the county upon
an itemized, verified claim with receipts attached which shall be
collected as costs in the case.
B. 1. In all cases wherein any person shall be charged with the
violation of the statutes of this state relating to desertion or
abandonment of wife and child, or of child, and such person shall be
a fugitive from justice and such person’s whereabouts shall be known,
it shall be the mandatory duty of the district attorney of the county
wherein such charges are pending or of a designee, to request the
Governor to issue a requisition for the return of such fugitive and
to appoint an agent to effect such return.
2. The accounts of the person or persons employed by the
Governor, to return such fugitive referred to in paragraph 1 above,
may be paid by the state out of funds appropriated to the Governor's
Contingency and Emergency Fund, not to exceed Twenty-five Thousand
Dollars ($25,000.00) for any one (1) year in excess of any amounts
recovered from such fugitives.
3. The cost of returning the fugitive shall be added on to the
court costs against the deserter and no such case shall be dismissed
unless the costs are paid. Such amount shall be used to reimburse
the Governor's Contingency and Emergency Fund for the amount
disbursed therefrom.
C. Every fugitive from justice shall be required to reimburse
the county sheriff’s office for the actual costs required for
apprehension and return, unless such costs are paid from the
Governor’s Contingency and Emergency Fund, and in such case the
reimbursement may be paid to such fund.
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R.L.1910, § 6092. Amended by Laws 1943, p. 84, § 1; Laws 1955, p.
199, § 1. Amended by Laws 1990, c. 309, § 9, eff. Sept. 1, 1990;
Laws 1999, c. 408, § 1, eff. Nov. 1, 1999; Laws 2002, c. 117, § 1,
emerg. eff. April 19, 2002.
§22-1135. Foreign arrests - Fees or rewards forbidden.
No compensation, fee, or reward of any kind can be paid to, or
received by a public officer of this state for a service rendered or
expense incurred in procuring from the Governor the demand mentioned
in the last section, or the surrender of the fugitive, or for
conveying him to this state, or detaining him herein, except as
provided in the last section.
R.L.1910, § 6093.
§22-1136. Foreign arrests - Misdemeanors.
A violation hereof is a misdemeanor.
R.L.1910, § 6094.
§22-1141.1. Definitions.
Where appearing in this act, the term "Governor" includes any
person performing the functions of Governor by authority of the law
of this state. The term "executive authority" includes the Governor,
and any person performing the functions of Governor in a state other
than this state, and the term "state", referring to a state other
than this state, includes any other state or territory, organized or
unorganized, of the United States of America.
Added by Laws 1949, p. 206, § 1, emerg. eff. March 25, 1949.
§22-1141.2. Duty of Governor.
Subject to the provisions of this act, the provisions of the
Constitution of the United States controlling, and any and all Acts
of Congress enacted in pursuance thereof, it is the duty of the
Governor of this state to have arrested and delivered up to the
executive authority of any other state of the United States any
person charged in that state with treason, felony, or other crime,
who has fled from justice and is found in this state.
Laws 1949, p. 207, § 2.
§22-1141.3. Requisites of demand - Accompanying papers.
No demand for the extradition of a person charged with crime in
another state shall be recognized by the Governor unless in writing
alleging, except in cases arising under Section 6, that the accused
was present in the demanding state at the time of the commission of
the alleged crime, and that thereafter he fled from the state, and
accompanied by a copy of an indictment found or by information
supported by affidavit in the state having jurisdiction of the crime,
or by a copy of an affidavit made before a magistrate there, together
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with a copy of any warrant which was issued thereupon; or by a copy
of a judgment of conviction or of a sentence imposed in execution
thereof, together with a statement by the executive authority of the
demanding state that the person claimed has escaped from confinement
or has broken the terms of his bail, probation or parole. The
indictment, information, or affidavit made before the magistrate must
substantially charge the person demanded with having committed a
crime under the law of that state; and the copy of indictment,
information, affidavit, judgment of conviction or sentence must be
authenticated by the executive authority making the demand.
Laws 1949, p. 207, § 3.
§22-1141.4. Investigation and report.
When a demand shall be made upon the Governor of this state by
the executive authority of another state for the surrender of a
person so charged with crime, the Governor may call upon the Attorney
General or any prosecuting officer in this state to investigate or
assist in investigating the demand, and to report to him the
situation and circumstances of the person so demanded, and whether he
ought to be surrendered.
Laws 1949, p. 207, § 4.
§22-1141.5. Agreement for return to other state - Surrender of
person leaving state involuntarily.
When it is desired to have returned to this state a person
charged in this state with a crime, and such person is imprisoned or
is held under criminal proceedings then pending against him in
another state, the Governor of this state may agree with the
executive authority of such other state for the extradition of such
person before the conclusion of such proceedings or his term of
sentence in such other state, upon condition that such person be
returned to such other state at the expense of this state as soon as
the prosecution in this state is terminated.
The Governor of this state may also surrender on demand of the
executive authority of any other state any person in this state who
is charged in the manner provided in Section 23 of this act with
having violated the laws of the state whose executive authority is
making the demand, even though such person left the demanding state
involuntarily.
Laws 1949, p. 207, § 5.
§22-1141.6. Surrender of persons not fleeing from demanding state.
The Governor of this state may also surrender, on demand of the
executive authority of any other state, any person in this state
charged in such other state in the manner provided in Section 3 with
committing an act in this state, or in a third state, intentionally
resulting in a crime in the state whose executive authority is making
0"* "".$! "!.! "4+7
the demand, and the provisions of this act not otherwise
inconsistent, shall apply to such cases, even though the accused was
not in that state at the time of the commission of the crime, and has
not fled therefrom.
Laws 1949, p. 207, § 6.
§22-1141.7. Warrant of arrest of Governor.
If the Governor decides that the demand should be complied with,
he shall sign a warrant of arrest, which shall be sealed with the
State Seal, and be directed to any peace officer or other person whom
he may think fit to entrust with the execution thereof. The warrant
must substantially recite the facts necessary to the validity of its
issuance.
Laws 1949, p. 208, § 7.
§22-1141.8. Authority conferred by warrant.
Such warrant shall authorize the peace officer or other person to
whom directed to arrest the accused at any time and any place where
he may be found within the state and to command the aid of all peace
officers or other persons in the execution of the warrant, and to
deliver the accused, subject to the provisions of this act to the
duly authorized agent of the demanding state.
Laws 1949, p. 208, § 8.
§22-1141.9. Authority to command assistance.
Every such peace officer or other person empowered to make the
arrest, shall have the same authority, in arresting the accused, to
command assistance therein, as peace officers have by law in the
executive of any criminal process directed to them, with like
penalties against those who refuse their assistance.
Laws 1949, p. 209, § 9.
§22-1141.10. Notice of demand to allege fugitive - Counsel - Habeas
corpus.
Any person who is arrested within this state, by virtue of a
warrant issued by the Governor of this state, upon a requisition of
the Governor of any other state or territory, as a fugitive from
justice under the laws of the United States, shall not be delivered
to the agent of such state or territory until notified of the demand
made for his surrender, and given twenty-four (24) hours to make
demand for counsel; and should such demand be made for the purpose of
suing out a writ of habeas corpus, the prisoner shall be forthwith
taken to the nearest judge of the district court, and ample time
given to sue out such writ, such time to be determined by the said
judge of the district court.
Laws 1949, p. 209, § 10.
0"* "".$! "!.! "4+7+
§22-1141.11. Disobedience of preceding section.
Any officer who shall deliver to the agent for extradition of the
demanding state a person in his custody under the Governor's warrant,
in willful disobedience to the last section, shall be guilty of a
misdemeanor and, on conviction, shall be fined not more than Five
Hundred Dollars ($500.00) or be imprisoned not more than six (6)
months, or both.
Laws 1949, p. 208, § 11.
§22-1141.12. Confinement of prisoner in jail.
The officer or persons executing the Governor's warrant of
arrest, or the agent of the demanding state to whom the prisoner may
have been delivered may, when necessary, confine the prisoner in the
jail of any county or city through which he may pass; and the keeper
of such jail must receive and safely keep the prisoner until the
officer or person having charge of him is ready to proceed on his
route, such officer or person being chargeable with the expense of
keeping.
The officer or agent of a demanding state to whom a prisoner may
have been delivered following extradition proceedings in another
state, or to whom a prisoner may have been delivered after waiving
extradition in such other state, and who is passing through this
state with such a prisoner for the purpose of immediately returning
such prisoner to the demanding state may, when necessary, confine the
prisoner in the jail of any county or city through which he may pass;
and the keeper of such jail must receive and safely keep the prisoner
until the officer or agent having charge of him is ready to proceed
on his route, such officer or agent, however, being chargeable with
the expense of keeping; provided, however, that such officer or agent
shall produce and show to the keeper of such jail satisfactory
written evidence of the fact that he is actually transporting such
prisoner to the demanding state after a requisition by the executive
authority of such demanding state. Such prisoner shall not be
entitled to demand a new requisition while in this state.
Laws 1949, p. 208, § 12.
§22-1141.13. Issuance of warrant of arrest by judge or magistrate.
Whenever any person within this state shall be charged on the
oath of any credible person before any judge or magistrate of this
state with the commission of any crime in any other state and, except
in cases arising under Section 6, with having fled from justice or
with having been convicted of a crime in that state and having
escaped from confinement, or having broken the terms of his bail,
probation or parole, or whenever complaint shall have been made
before any judge or magistrate in this state setting forth on the
affidavit of any credible person in another state that a crime has
been committed in such other state, and that the accused has been
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charged in such state with the commission of the crime, and, except
in cases arising under Section 6, has fled from justice, or with
having been convicted of a crime in that state and having escaped
from confinement, or having broken the terms of his bail, probation
or parole and is believed to be in this state, the judge or
magistrate shall issue a warrant directed to any peace officer
commanding him to apprehend the person named therein, wherever he may
be found in this state, and to bring him before the same or any other
judge, magistrate or court who or which may be available in or
convenient of access to the place where the arrest may be made, to
answer the charge or complaint and affidavit, and a certified copy of
the sworn charge or complaint and affidavit upon which the warrant is
issued shall be attached to the warrant.
Laws 1949, p. 209, § 13.
§22-1141.14. Arrest without warrant.
The arrest of a person may be lawfully made also by any peace
officer or a private person, without a warrant upon reasonable
information that the accused stands charged in the courts of a state
with a crime punishable by death or imprisonment for a term exceeding
one (1) year, but when so arrested the accused must be taken before a
judge or magistrate with all practicable speed and complaint must be
made against him under oath setting forth the ground for the arrest
as in the preceding section; and thereafter his answer shall be heard
as if he had been arrested on a warrant.
Laws 1949, p. 209, § 14.
§22-1141.15. Commitment by judge or magistrate.
If from the examination before the judge or magistrate, it appears
that the person held is the person charged with having committed the
crime alleged and, except in cases arising under Section 6, that he
has fled from justice, the judge or magistrate must, by a warrant
reciting the accusation, commit him to the county jail for such a
time not exceeding thirty (30) days and specified in the warrant, as
will enable the arrest of the accused to be made under a warrant of
the Governor on a requisition of the executive authority of the state
having jurisdiction of the offense, unless the accused give bail as
provided in the next section, or until he shall be legally
discharged.
Laws 1949, p. 209, § 16.
§22-1141.16. Bail.
Unless the offense with which the prisoner is charged is shown to
be an offense punishable by death or life imprisonment under the laws
of the state in which it was committed, a judge or magistrate in this
state may admit the person arrested to bail by bond, with sufficient
sureties, and in such sum as he deems proper, conditioned for his
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appearance before him at a time specified in such bond, and for his
surrender, to be arrested upon the warrant of the Governor of this
state.
Laws 1949, p. 209, § 16.
§22-1141.17. Discharge or recommitment.
If the accused is not arrested under warrant of the Governor by
the expiration of the time specified in the warrant or bond, a judge
or magistrate may discharge him or may recommit him for a further
period not to exceed sixty (60) days, or a judge or magistrate may
again take bail for his appearance and surrender, as provided in
Section 16, but within a period not to exceed sixty (60) days after
the date of such new bond.
Laws 1949, p. 209, § 17.
§22-1141.18. Forfeiture of bail.
If the prisoner is admitted to bail, and fails to appear and
surrender himself according to the conditions of his bond, the judge,
or magistrate by proper order, shall declare the bond forfeited and
order his immediate arrest without warrant if he be within this
state. Recovery may be had on such bond in the name of the state as
in the case of other bonds given by the accused in criminal
proceedings within this state.
Laws 1949, p. 210, § 18.
§22-1141.19. Demand for person against whom prosecution pending.
If a criminal prosecution has been instituted against such person
under the laws of this state and is still pending the Governor, in
his discretion, either may surrender him on demand of the executive
authority of another state or hold him until he has been tried and
discharged or convicted and punished in this state.
Laws 1949, p. 210, § 19.
§22-1141.20. Inquiry into guilt or innocence.
The guilt or innocence of the accused as to the crime of which he
is charged may not be inquired into by the Governor or in any
proceedings after the demand for extradition accompanied by a charge
of crime in legal form as above provided shall have been presented to
the Governor, except as it may be involved in identifying the person
held as the person charged with the crime.
Laws 1949, p. 210, § 20.
§22-1141.21. Recalling warrant - New warrant.
The Governor may recall his warrant of arrest or may issue another
warrant whenever he deems proper.
Laws 1949, p. 210, § 21.
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§22-1141.22. Warrant to agent to receive person demanded.
Whenever the Governor of this state shall demand a person charged
with crime or with escaping from confinement or breaking the terms of
his bail, probation or parole in this state, from the executive
authority of any other state, or from the Chief Justice or an
Associate Justice of the Supreme Court of the District of Columbia
authorized to receive such demand under the laws of the United
States, he shall issue a warrant under the seal of this state, to
some agent, commanding him to receive the person so charged if
delivered to him and convey him to the proper officer of the county
in this state in which the offense was committed.
Laws 1949, p. 210, § 22.
§22-1141.23. Application to Governor by prosecuting attorney for
requisition.
When the return to this state of a person charged with crime in
this state is required, the prosecuting attorney shall present to the
Governor his written application for a requisition for the return of
the person charged, in which application shall be stated the name of
the person so charged, the crime charged against him, the approximate
time, place and circumstances of its commission, the state in which
he is believed to be, including the location of the accused therein
at the time the application is made and certifying that, in the
opinion of the said prosecuting attorney the ends of justice require
the arrest and return of the accused to this state for trial and that
the proceeding is not instituted to enforce a private claim.
II. When the return to this state is required of a person who
has been convicted of a crime in this state and has escaped from
confinement or broken the terms of his bail, probation or parole, the
prosecuting attorney of the county in which the offense was
committed, the parole board, or the warden of the institution or
sheriff of the county, from which escape was made, shall present to
the Governor a written application for a requisition for the return
of such person, in which application shall be stated the name of the
person, the crime of which he was convicted, the circumstances of his
escape from confinement or of the breach of the terms of his bail,
probation or parole, the state in which he is believed to be,
including the location of the person therein at the time application
is made.
III. The application shall be verified by affidavit, shall be
executed in duplicate and shall be accompanied by two certified
copies of the indictment returned, or information and affidavit
filed, or of the complaint made to the judge or magistrate, stating
the offense with which the accused is charged, or of the judgment of
conviction or of the sentence. The prosecuting officer, parole
board, warden or sheriff may also attach such further affidavits and
other documents in duplicate as he shall deem proper to be submitted
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with such application. One copy of the application, with the action
of the Governor indicated by endorsement thereon, and one of the
certified copies of the indictment, complaint, information, and
affidavits, or of the judgment of conviction or of the sentence shall
be filed in the office of the Secretary of State to remain of record
in that office. The other copies of all papers shall be forwarded
with the Governor's requisition.
Laws 1949, p. 210, § 23.
§22-1141.24. Immunity from civil process.
A person brought into this state by, or after waiver of,
extradition based on a criminal charge shall not be subject to
service of personal process in civil actions arising out of the same
facts as the criminal proceedings to answer which he is being or has
been returned, until he has been convicted in the criminal
proceeding, or, if acquitted, until he has had reasonable opportunity
to return to the state from which he was extradited.
Laws 1949, p. 211, § 24.
§22-1141.25. Waiver of proceedings and consent to return to
demanding state.
Any person arrested in this state charged with having committed
any crime in another state or alleged to have escaped from
confinement, or broken the terms of his bail, probation or parole may
waive the issuance and service the warrant provided for in Section 7
and 8 and all other procedure incidental to extradition proceedings,
by executing or subscribing in the presence of a judge of any court
of record within this state a writing which states that he consents
to return to the demanding state; provided, however, that before such
waiver shall be executed or subscribed by such person it shall be the
duty of such judge to inform such person of his rights to the
issuance and service of a warrant of extradition and to obtain a writ
of habeas corpus as provided for in Section 10. If and when such
consent has been duly executed it shall forthwith be forwarded to the
office of the Governor of this state and filed therein. The judge
shall direct the officer having such person in custody to deliver
forthwith such person to the duly accredited agent or agents of the
demanding state, and shall deliver or cause to be delivered to such
agent or agents a copy of such consent; provided, however, that
nothing in this section shall be deemed to limit the rights of the
accused person to return voluntarily and without formality to the
demanding state, nor shall this waiver procedure be deemed to be an
exclusive procedure or to limit the powers, rights or duties of the
officers of the demanding state or of this state.
Laws 1949, p. 211, § 25.
§22-1141.26. Rights of state not deemed waived.
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Nothing in this act contained shall be deemed to constitute a
waiver by this state of its right, power or privilege to try such
demanded person for crime committed within this state, or of its
right, power or privilege to regain custody of such person by
extradition proceedings or otherwise for the purpose of trial,
sentence or punishment for any crime committed within this state, nor
shall any proceedings had under this act which result in, or fail to
result in, extradition be deemed a waiver by this state of any of its
rights, privileges or jurisdiction in any way whatsoever.
Laws 1949, p. 211, § 26.
§22-1141.27. Trial for other offenses than that specified.
After a person has been brought back to this state by, or after
waiver of extradition proceedings, he may be tried in this state for
other crimes which he may be charged with having committed here as
well as that specified in the requisition for his extradition.
Laws 1949, p. 212, § 27.
§22-1141.28. Uniformity of construction.
The provisions of this act shall be so interpreted and construed
as to effectuate its general purposes to make uniform the law of
those states which enact it.
Laws 1949, p. 212, § 28.
§22-1141.29. Partial invalidity.
If any provision of this act or the application thereof to any
person or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of the act which can be given
effect without the invalid provision or application, and to this end
the provisions of this act are declared to be severable.
Laws 1949, p. 212, § 29.
§22-1141.30. Short title.
This act may be cited as the Uniform Criminal Extradition Act.
Laws 1949, p. 210, § 20.
§22-1145.1. Short title.
This act shall be known and cited as "The Uniform Disposition of
Criminal Cases on the Merits Act".
Laws 1972, c. 222, § 1, eff. Jan. 1, 1973.
§22-1145.2. Purpose of act.
The purpose of this act is to allow the activities of an
individual to be dealt with in one court at a time, no matter where
the activities occurred, to the end that society may be afforded
retribution for offenses against it and that the rehabilitative
process can immediately begin.
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Laws 1972, c. 222, § 2, eff. Jan. 1, 1973.
§22-1145.3. Definitions.
In this act, unless the context requires otherwise:
1. "Asylum state" means that state in which the defendant is
located;
2. "Demanding state" means that state, other than Oklahoma, in
which the accused is charged with committing criminal acts;
3. "Prosecuting attorney" means the attorney of the county,
parish or district, state or federal, wherein charges are filed; and
4. "Jurisdiction" means geographic division or subdivision in which
such prosecuting attorney has responsibility.
Laws 1972, c. 222, § 2, eff. Jan. 1, 1973.
§22-1145.4. Disposal of criminal charge at request of defendant.
On request of the defendant and consent of the prosecuting
attorney in the demanding state and the prosecuting attorney in the
asylum state, the trial court of general jurisdiction or such other
court having appropriate jurisdiction in the asylum state may dispose
of the offense or offenses set out in the complaint, indictment or
information or other equivalent pleading of the demanding state, and
an exemplified copy of the judgment of the asylum state shall
constitute a judgment on the merits when filed in the case in the
courts of the demanding state.
Laws 1972, c. 222, § 4, eff. Jan. 1, 1973.
§22-1145.5. Relief available - Effect of judgment - Act as
supplemental.
All relief available in the courts of the demanding state and in
the courts of the asylum state shall be available to the court of the
asylum state in rendering its judgment and satisfaction of the
judgment of the asylum state shall constitute a complete satisfaction
of the judgment of the demanding state and the judgment so rendered
may be enforced in either state.
This act is supplemental to and not in substitution for the
provisions of the agreement on detainers, including but not limited
to sentencing, incarceration, probation, orders for restitution,
suspension and enhancement of sentence.
Added by Laws 1972, c. 222, § 5, eff. Jan. 1, 1973.
§22-1145.6. Procedures, rules and regulations.
A. A defendant arrested or held in a state or district other
than that in which the indictment or information is pending against
him may state in writing that he wishes to plead guilty, to waive
trial in the district in which the indictment or information is
pending and to consent to disposition of the case in the jurisdiction
or district in which he was arrested or is held, subject to the
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approval of the prosecuting attorney for each jurisdiction. Upon
receipt of the defendant's statement and of the written approval of
the prosecuting attorneys, the clerk of the court in which the
indictment or information is pending shall transmit the papers in the
proceeding or certified copies thereof to the clerk of the court for
the jurisdiction in which the defendant is held and the prosecution
shall continue in that jurisdiction.
B. A defendant arrested on a warrant issued upon a complaint in
a jurisdiction other than the county, parish or district of arrest
may state in writing that he wishes to plead guilty to waive trial in
the jurisdiction in which the warrant was issued and to consent to
disposition of the case in the jurisdiction in which he was arrested,
subject to the approval of the prosecuting attorney for each
jurisdiction. Upon receipt of the defendant's statement and of the
written approval of the prosecuting attorneys, the court of limited
jurisdiction shall certify and transmit the records in the case to
the court of general jurisdiction, and, upon the filing of an
information or the return of an indictment, the clerk of the court
for the jurisdiction or district in which the warrant was issued
shall transmit the papers in the proceeding or certified copies
thereof to the clerk of the court for the jurisdiction or district in
which the defendant was arrested and the prosecution shall continue
in that jurisdiction or district. When the defendant is brought
before the court to plead to an information filed in the jurisdiction
or district where the warrant was issued, he may at that time waive
indictment and the prosecution may continue based upon the
information originally filed.
C. A juvenile who is arrested or held in a jurisdiction or
district other than that in which he is alleged to have committed an
act in violation of a law of a state or of the United States not
punishable by death or life imprisonment may, after he has been
advised by counsel and with the approval of the court and the
prosecuting attorney, consent to be proceeded against as a juvenile
delinquent in the jurisdiction or district in which he is arrested or
held. The consent shall be given in writing before the court but
only after the court has apprised the juvenile of his rights,
including the right to be returned to the jurisdiction or district in
which he is alleged to have committed the act, and of the
consequences of such consent.
D. For the purpose of initiating a transfer under this rule a
person who appears in response to a summons shall be treated as if he
had been arrested on a warrant in the jurisdiction or district of
such appearance.
Laws 1972, c. 222, § 6, eff. Jan. 1, 1973.
§22-1151. Habeas corpus for person to testify or be surrendered on
bail.
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The Supreme Court, and Criminal Court of Appeals and district and
superior courts within this state, or the judges thereof in vacation,
shall have power to issue writs of habeas corpus, for the purpose of
bringing the body of any person confined in any prison before them,
to testify or be surrendered in discharge of bail. When a writ of
habeas corpus shall be issued for the purpose of bringing into court
any person to testify, or the principal, to be surrendered in
discharge of bail, and such principal or witness, shall be confined
in any prison in this state, out of the county in which such
principal or witness is required to be surrendered, or to any county
in this state, and there be executed and returned by any officer to
whom it shall be directed, and the principal, after being
surrendered, or his bail discharged, or a person testifying as
aforesaid, shall by the officer executing such writ, be returned by
virtue of an order of the court, for the purpose aforesaid, an
attested copy of which, lodged with the custodian, shall exonerate
such prison keeper from being liable for an escape. The party
praying out such writ of habeas corpus shall pay to the officer
executing the same, such reasonable sum for his services as shall be
adjudged by the courts respectively.
R.L.1910, § 6102.
§22-1161. Acts committed by persons in a state of mental illness or
defect - Sentencing - Appeal - Examination – Treatment.
A. 1. An act committed by a person in a state of mental illness
or mental defect shall be adjudicated as guilty with mental defect or
as not guilty by reason of mental illness.
2. If a person is found guilty with mental defect or enters a
plea of guilty with mental defect which is accepted by the court, the
court at the time of sentencing shall impose any sentence that could
be imposed by law upon a person who is convicted of the same offense,
and the person shall serve the sentence in custody of a county jail
or the Oklahoma Department of Corrections.
3. If a person who is found guilty with mental defect is placed
on probation under the jurisdiction of the sentencing court as
provided by law, the court shall immediately issue an order for the
person to be examined by the Department of Mental Health and
Substance Abuse Services. The time and place of such examination
shall be determined by the Department. Within forty-five (45) days,
the Department shall provide to the court a recommendation of
treatment for the person, which shall be made a condition of
probation. Reports as specified by the trial judge shall be filed
with the probation officer and the sentencing court. Failure to
continue treatment, except by agreement with the treating agency and
the sentencing court, is grounds for revocation of probation.
Treatment shall be provided by an agency of the Department or, with
the approval of the sentencing court and at the expense of the
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person, by private agencies, private physicians or other mental
health personnel. A psychiatric report shall be filed with the
probation officer and the sentencing court every six (6) months
during the period of probation.
4. When in any criminal action by indictment or information, the
defense of mental illness is raised, but the defendant is not
acquitted on the ground that the defendant was mentally ill at the
time of the commission of the crime charged, an issue concerning such
defense may be raised on appeal. If the appellate court finds relief
is required, the appellate court shall not have authority to modify
the judgment or sentence, but will only have the authority to order a
new trial or order resentencing without recommendations to
sentencing.
5. When in any criminal action by indictment or information the
defense of mental illness is interposed either singly or in
conjunction with some other defense, the jury shall state in the
verdict, if it is one of acquittal, whether or not the defendant is
acquitted on the ground of mental illness. When the defendant is
acquitted on the ground that the defendant was mentally ill at the
time of the commission of the crime charged, the person shall not be
discharged from custody until the court has made a determination that
the person is not dangerous to the public peace and safety and is a
person requiring treatment.
B. 1. To assist the court in its determination, the court shall
immediately issue an order for the person to be examined by the
Department of Mental Health and Substance Abuse Services at a
facility the Department has designated to examine and treat forensic
individuals. Upon the issuance of the order, the sheriff shall
deliver the person to the designated facility.
2. Within forty-five (45) days of the court entering such an
order, a hearing shall be conducted by the court to ascertain whether
the person is dangerous to the public peace or safety because the
person is a person requiring treatment or, if not, is in need of
continued supervision as a result of unresolved symptoms of mental
illness or a history of treatment noncompliance. During the required
period of hospitalization the Department of Mental Health and
Substance Abuse Services shall have the person examined by two
qualified psychiatrists or one such psychiatrist and one qualified
clinical psychologist whose training and experience enable the
professional to form expert opinions regarding mental illness,
competency, dangerousness and criminal responsibility.
C. 1. Each examiner shall, within thirty-five (35) days of
hospitalization, individually prepare and submit to the court, the
district attorney and the trial counsel of the person a report of the
psychiatric examination findings of the person and an evaluation
concerning whether the person is dangerous to the public peace or
safety.
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2. If the court is dissatisfied with the reports or if a
disagreement on the issue of mental illness and dangerousness exists
between the two examiners, the court may designate one or more
additional examiners and have them submit their findings and
evaluations as specified in paragraph 1 of this subsection.
3. a. Within ten (10) days after the reports are filed, the
court must conduct a hearing to determine the present
condition of the person as to the issue of whether:
(1) the person is dangerous to the public peace or
safety because the person is a person requiring
treatment, or
(2) if not believed to be dangerous to the public
peace or safety, the person is in need of
continued supervision as a result of unresolved
symptoms of mental illness or a history of
treatment noncompliance.
b. The district attorney must establish the foregoing by a
preponderance of the evidence. At this hearing the
person shall have the assistance of counsel and may
present independent evidence.
D. 1. If the court finds that the person is not dangerous to
the public peace or safety because the person is a person requiring
treatment and is not in need of continued supervision as a result of
unresolved symptoms of mental illness or a history of treatment
noncompliance, it shall immediately discharge the person from
hospitalization.
2. If the court finds that the person is dangerous to the public
peace and safety, it shall commit the person to the custody of the
Department of Mental Health and Substance Abuse Services. The person
shall then be subject to discharge pursuant to the procedure set
forth in this section.
a. During the period of hospitalization, the Department of
Mental Health and Substance Abuse Services may
administer or cause to be administered to the person
such psychiatric, medical or other therapeutic
treatment as in its judgment should be administered.
b. The person shall be subject to discharge or conditional
release pursuant to the procedures set forth in this
section.
E. If at any time the court finds the person is not dangerous to
the public peace or safety because the person is a person requiring
treatment, but is in need of continued supervision as a result of
unresolved symptoms of mental illness or a history of treatment
noncompliance, the court may:
1. Discharge the person pursuant to the procedure set forth in
this section;
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2. Discharge the person, and upon the motion of the court or the
district attorney commence civil involuntary commitment proceedings
against the person pursuant to the provisions of Title 43A of the
Oklahoma Statutes; or
3. Order conditional release, as set forth in subsection F of
this section.
F. There is hereby created a Forensic Review Board to be
composed of seven (7) members appointed by the Governor with the
advice and consent of the Senate. The Board members shall serve for
a term of five (5) years except that for members first appointed to
the Board: one shall serve for a term ending December 31, 2008, two
shall serve for a term ending December 31, 2009, two shall serve a
term ending December 31, 2010, and two shall serve for a term ending
December 31, 2011.
1. The Board shall be composed of:
a. four licensed mental health professionals with
experience in treating mental illness, at least one of
whom is licensed as a Doctor of Medicine, a Doctor of
Osteopathy, or a licensed clinical psychologist and
shall be appointed from a list of seven names submitted
to the Governor by the Department of Mental Health and
Substance Abuse Services,
b. one member who shall be an attorney licensed to
practice in this state and shall be appointed from a
list of not less than three names submitted to the
Governor by the Board of Governors of the Oklahoma Bar
Association,
c. one member who shall be a retired judge licensed to
practice in this state and shall be appointed from a
list of not less than three names submitted to the
Governor by the Judicial Nominating Committee, and
d. one at-large member.
The attorney and retired judge members of the Board shall be
prohibited from representing in the courts of this state persons
charged with felony offenses while serving on the Board.
2. The Board shall meet as necessary to determine which
individuals confined with the Department of Mental Health and
Substance Abuse Services are eligible for therapeutic visits,
conditional release or discharge and whether the Board wishes to make
such a recommendation to the court of the county where the individual
was found not guilty by reason of insanity or not guilty by reason of
mental illness for those persons adjudicated as such upon or after
November 1, 2016.
a. Forensic Review Board meetings shall not be considered
subject to the Oklahoma Open Meeting Act and are not
open to the public. Other than the Forensic Review
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Board members, only the following individuals shall be
permitted to attend Board meetings:
(1) the individual the Board is considering for
therapeutic visits, conditional release or
discharge, his or her treatment advocate, and
members of his or her treatment team,
(2) the Commissioner of Mental Health and Substance
Abuse Services or designee,
(3) the Advocate General for the Department of Mental
Health and Substance Abuse Services or designee,
(4) the General Counsel for the Department of Mental
Health and Substance Abuse Services or designee,
and
(5) any other persons the Board and Commissioner of
Mental Health and Substance Abuse Services wish to
be present.
b. The Department of Mental Health and Substance Abuse
Services shall provide administrative staff to the
Board to take minutes of meetings and prepare necessary
documents and correspondence for the Board to comply
with its duties as set forth in this section. The
Department of Mental Health and Substance Abuse
Services shall also transport the individuals being
reviewed to and from the Board meeting site.
c. The Board shall promulgate rules concerning the
granting and structure of therapeutic visits,
conditional releases and discharge.
d. For purposes of this subsection, "therapeutic visit"
means a scheduled time period off campus which provides
for progressive tests of the ability of the consumer to
maintain and demonstrate coping skills.
3. The Forensic Review Board shall submit any recommendation for
therapeutic visit, conditional release or discharge to the court and
district attorney of the county where the person was found not guilty
by reason of mental illness, the trial counsel of the person, the
Department of Mental Health and Substance Abuse Services and the
person at least fourteen (14) days prior to the scheduled visit.
a. The district attorney may file an objection to a
recommendation for a therapeutic visit within ten (10)
days of receipt of the notice.
b. If an objection is filed, the therapeutic visit is
stayed until a hearing is held. The court shall hold a
hearing not less than ten (10) days following an
objection to determine whether the therapeutic visit is
necessary for treatment, and if necessary, the nature
and extent of the visit.
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4. During the period of hospitalization the Department of Mental
Health and Substance Abuse Services shall submit an annual report on
the status of the person to the court, the district attorney and the
patient advocate general of the Department of Mental Health and
Substance Abuse Services.
G. Upon motion by the district attorney or upon a recommendation
for conditional release or discharge by the Forensic Review Board,
the court shall conduct a hearing to ascertain if the person is
dangerous and a person requiring treatment. This hearing shall be
conducted under the same procedure as the first hearing and must
occur not less than ten (10) days following the motion or request by
the Forensic Review Board.
1. If the court determines that the person continues to be
dangerous to the public peace and safety because the person is a
person requiring treatment, it shall order the return of the person
to the hospital for additional treatment.
2. If the court determines that the person is not dangerous but
subject to certain conditions, the court may conditionally release
the person subject to the following:
a. the Forensic Review Board has made a recommendation for
conditional release, including a written plan for
outpatient treatment and a list of recommendations for
the court to place as conditions on the release,
b. in its order of conditional release, the court shall
specify conditions of release and shall direct the
appropriate agencies or persons to submit annual
reports regarding the compliance of the person with the
conditions of release and progress in treatment,
c. the person must agree, in writing, that during the
period the person is granted conditional release and is
subject to the provisions thereof, there shall be free
transmission of all pertinent information, including
clinical information regarding the person, among the
Department of Mental Health and Substance Abuse
Services, the appropriate community mental health
centers and the appropriate district attorneys, law
enforcement and court personnel,
d. the order of the court placing the person on
conditional release shall include notice that the
conditional release of the person may be revoked upon
good cause. The person placed on conditional release
shall remain under the supervision of the Department of
Mental Health and Substance Abuse Services until the
committing court enters a final discharge order. The
Department of Mental Health and Substance Abuse
Services shall assess the person placed on conditional
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release annually and shall have the authority to
recommend discharge of the person to the Board, and
e. any agency or individual involved in providing
treatment with regard to the conditional release plan
of the person may prepare and file an affidavit under
oath if the agency or individual believes that the
person has failed to comply with the conditions of
release or that such person has progressed to the point
that inpatient care is appropriate.
(1) Any peace officer who receives such an affidavit
shall take the person into protective custody and
return the person to the forensic unit of the
state hospital.
(2) A hearing shall be conducted within three (3)
days, excluding holidays and weekends, after the
person is returned to the forensic unit of the
state hospital to determine if the person has
violated the conditions of release, or if full-
time hospitalization is the least restrictive
alternative consistent with the needs of the
person and the need for public safety. Notice of
the hearing shall be issued, at least twenty-four
(24) hours before the hearing, to the hospital
superintendent, the person, trial counsel for the
person, and the patient advocate general of the
Department of Mental Health and Substance Abuse
Services. If the person requires hospitalization
because of a violation of the conditions of
release or because of progression to the point
that inpatient care is appropriate, the court may
then modify the conditions of release.
3. If the court determines that the person is not dangerous to
the public peace or safety because the person is not a person
requiring treatment, it shall order that the person be discharged
from the custody of the Department of Mental Health and Substance
Abuse Services.
H. As used in this section:
1. "Antisocial personality disorder" means antisocial
personality disorder as defined by the Diagnostic and Statistical
Manual of Mental Disorders, 5th Edition (DSM-5), or subsequent
editions;
2. "Court" or "sentencing court" means the court sitting in the
county where the person has been found to be not guilty by reason of
mental illness or guilty with mental defect;
3. "Dangerous" means a person who because of mental illness
poses a substantial risk of physical harm in the near future to
another person or persons. Dangerousness shall be determined by such
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factors as whether the person has placed another person or persons in
a reasonable fear of violent behavior, and medication and treatment
compliance;
4. "Guilty with mental defect" means the person committed the
act and was either unable to understand the nature and consequences
of his or her actions or was unable to differentiate right from
wrong, and has been diagnosed with antisocial personality disorder
which substantially contributed to the act for which the person has
been charged;
5. "Mental defect" means the person has been diagnosed with
antisocial personality disorder which substantially contributed to
the act for which the person has been charged;
6. "Mental illness" means a substantial disorder of thought,
mood, perception, psychological orientation or memory that
significantly impairs judgment, behavior, capacity to recognize
reality or ability to meet the ordinary demands of life;
7. "Not guilty by reason of mental illness" means the person
committed the act while mentally ill and was either unable to
understand the nature and consequences of his or her actions or was
unable to differentiate right from wrong, and has not been diagnosed
with antisocial personality disorder which substantially contributed
to the act for which the person has been charged; and
8. a. "Person requiring treatment" means a person who because
of mental illness:
(1) poses a substantial risk of physical harm to self
as manifested by evidence or serious threats of or
attempts at suicide or other significant self-
inflicted bodily harm,
(2) poses a substantial risk of physical harm to
another person or persons as manifested by
evidence of violent behavior directed toward
another person or persons,
(3) has placed another person or persons in reasonable
fear of serious physical harm or violent behavior
directed toward such person or persons as
manifested by serious and immediate threats,
(4) is in a condition of severe deterioration such
that, without immediate intervention, there exists
a substantial risk that severe impairment or
injury will result to the person, or
(5) poses a substantial risk of serious physical
injury to self or death as manifested by evidence
that the person is unable to provide for and is
not providing for his or her basic physical needs.
b. The mental health or substance abuse history of the
person may be used as part of the evidence to determine
whether the person is a person requiring treatment.
0"* "".$! "!.! "4+89
The mental health or substance abuse history of the
person shall not be the sole basis for this
determination.
c. Unless a person also meets the criteria established in
subparagraph a of this paragraph, "person requiring
treatment" shall not mean:
(1) a person whose mental processes have been weakened
or impaired by reason of advanced years, dementia
or Alzheimer's disease,
(2) a person with intellectual or developmental
disability as defined in Title 10 of the Oklahoma
Statutes,
(3) a person with seizure disorder, or
(4) a person with a traumatic brain injury.
I. Proceedings hereunder may be held in conformance with the
provisions of Section 3006 of Title 20 of the Oklahoma Statutes for
allowable use of videoconferencing.
R.L. 1910, § 6049. Amended by Laws 1935, p. 19, § 1, emerg. eff. May
8, 1935; Laws 1975, c. 92, § 1; Laws 1983, c. 94, § 1, eff. Nov. 1,
1983; Laws 1990, c. 51, § 16, emerg. eff. April 9, 1990; Laws 2000,
c. 421, § 1, eff. Nov. 1, 2000; Laws 2004, c. 188, § 1, eff. Nov. 1,
2004; Laws 2007, c. 358, § 8, eff. July 1, 2007; Laws 2008, c. 39, §
1, eff. Nov. 1, 2008; Laws 2016, c. 279, § 1, eff. Nov. 1, 2016; Laws
2017, c. 375, § 1, eff. Nov. 1, 2017; Laws 2019, c. 475, § 20, eff.
Nov. 1, 2019.
§22-1162. Jury to try sanity.
When an indictment or information is called for trial, or upon
conviction the defendant is brought up for judgment, if a doubt arise
as to the sanity of the defendant, the court must order a jury to be
impaneled from the jurors summoned and returned for the term, or who
may be summoned by direction of the court, to inquire into the fact.
R.L.1910, § 6050.
§22-1163. Sanity hearing - Criminal trial to be suspended.
The trial of the cause or the pronouncing the judgment, as the
case may be, must be suspended until the question of insanity is
determined by the verdict of the jury.
R.L.1910, § 6051.
§22-1164. Order of trial of sanity.
The trial of the question of insanity must proceed in the
following order:
1. The counsel for the defendant must open the case and offer
evidence in support of the allegation of insanity.
2. The counsel for the state may then open their case and offer
evidence in support thereof.
0"* "".$! "!.! "4+9:
3. The parties may then respectively offer rebutting testimony
only, unless the court, for good reason, in furtherance of justice,
permit them to offer evidence upon their original case.
4. When the evidence is concluded, unless the case be submitted
to the jury on either side or on both sides, without argument, the
counsel for the state must commence, and the defendant or his counsel
may conclude the argument to the jury.
5. If the indictment be for an offense punishable with death two
counsels on each side may argue the causes to the jury, in which case
they must do so alternately. If it be for any other offense, the
court may, in its discretion, restrict the argument to one counsel on
each side.
6. The court must then charge the jury before argument as in
other cases.
R.L.1910, § 6052.
§22-1165. Rules governing sanity trial.
The provisions of the article on trials, in respect to the duty
of the court upon questions of law, and of the jury upon questions of
fact, and the provisions in respect to the charge of the court to the
jury, upon the trial of an indictment or information, apply to the
questions of insanity.
R.L.1910, § 6053.
§22-1166. Sanity hearing - Trial or judgment to proceed if defendant
sane.
If the jury find the defendant sane, the trial of the indictment
must proceed, or judgment may be pronounced as the case may be.
R.L.1910, § 6054.
§22-1167. Finding of insanity - Suspension of trial or judgment -
Commitment to state hospital.
If the jury finds the defendant presently insane, the trial or
judgment must be suspended until he becomes sane, and if the jury
deem his discharge dangerous to the public peace or safety, the court
shall order that the defendant be committed to one of the state
hospitals for the mentally ill, and to be held therein and kept as a
patient and inmate, until he be discharged and released as presently
sane by the authority of the superintendent of said hospital. A
release by the superintendent of said hospital shall be to the
custody of the sheriff of the county in which the criminal case
theretofore suspended is or was pending and from which he was
committed. The court having jurisdiction thereof shall set the cause
for trial.
R.L.1910 § 6055; Laws 1963, c. 279, § 1, emerg. eff. June 18, 1963.
§22-1168. Commitment in sanity hearing exonerates bail.
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The commitment of the defendant as mentioned in the last section,
exonerates his bail, or entitles the person authorized to receive the
property of the defendant to the return of money he may have
deposited instead of bail.
R.L.1910, § 6056.
§22-1169. Restoration to sanity.
When the defendant becomes sane the sheriff must thereupon,
without delay, place him in the proper custody until he be brought to
trial or judgment, as the case may be, or be legally discharged.
R.L.1910, § 6057.
§22-1170. Expense of keeping insane defendant.
The expenses of keeping the defendant are in the first instance
chargeable to the county, but the county may recover them from the
estate of the defendant, if he have any, or from a relative.
R.L.1910, § 6058.
§22-1175.1. Definitions.
As used in Sections 1175.1 through 1176 of this title:
1. “Competent” or “competency” means the present ability of a
person arrested for or charged with a crime to understand the nature
of the charges and proceedings brought against him or her and to
effectively and rationally assist in his or her defense;
2. “Incompetent” or “incompetency” means the present inability
of a person arrested for or charged with a crime to understand the
nature of the charges and proceedings brought against him or her and
to effectively and rationally assist in his or her defense;
3. “Dangerous” means a person who is a person requiring
treatment as defined in Section 1-103 of Title 43A of the Oklahoma
Statutes;
4. “Criminal proceeding” means every stage of a criminal
prosecution after arrest and before judgment, including, but not
limited to, interrogation, lineup, preliminary hearing, motion
dockets, discovery, pretrial hearings and trial;
5. “Qualified forensic examiner” means any:
a. psychiatrist with forensic training and experience,
b. psychologist with forensic training and experience, or
c. a licensed mental health professional whose forensic
training and experience enable him or her to form
expert opinions regarding mental illness, competency
and dangerousness and who has been approved to render
such opinions by the court;
6. “Reasonable period of time” means a period not to exceed the
lesser of:
a. the maximum sentence specified for the most serious
offense with which the defendant is charged, or
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b. a maximum period of two (2) years; and
7. “Public guardian” means the Office of Public Guardian as
established under the Oklahoma Public Guardianship Act in Section 6-
101 et seq. of Title 30 of the Oklahoma Statutes.
Added by Laws 1980, c. 336, § 1, emerg. eff. June 25, 1980. Amended
by Laws 1992, c. 207, § 1, eff. Sept. 1, 1992; Laws 2000, c. 421, §
2, eff. Nov. 1, 2000; Laws 2004, c. 106, § 2, eff. April 1, 2005;
Laws 2011, c. 294, § 3, eff. Nov. 1, 2011.
§22-1175.2. Application for determination of competency - Service -
Notice - Suspension of criminal proceedings.
A. No person shall be subject to any criminal procedures after
the person is determined to be incompetent except as provided in
Sections 1175.1 through 1175.8 of this title. The question of the
incompetency of a person may be raised by the person, the attorney
for the person whose competency is in question, or the district
attorney, by an application for determination of competency. The
application for determination of competency shall allege that the
person is incompetent to undergo further proceedings, and shall state
facts sufficient to raise a doubt as to the competency of the person.
The court, at any time, may initiate a competency determination on
its own motion, without an application, if the court has a doubt as
to the competency of the person.
If the court so initiates such an application, it may appoint the
district attorney for the purpose of proceeding with the application.
If the district attorney opposes the application of the court, and by
reason of a conflict of interest could not represent the court as
applicant, then the court shall appoint private counsel. Said
private counsel shall be reasonably compensated by the court fund.
B. A copy of the application for determination of competency and
a notice, as hereinafter described, shall be served personally at
least one (1) day before the first hearing on the application for a
competency determination. The notice shall contain the following
information:
1. The definition provided by Section 1175.1 of this title of
competency and incompetency;
2. That, upon request, the hearing on the application may be
conducted as a jury trial as provided in Section 1175.4 of this
title;
3. That the petitioner and any witnesses identified in the
application may offer testimony under oath at the hearings on the
petition and that the defendant may not be called to testify against
the defendant’s will, unless the application is initiated by the
defendant;
4. That if the person whose competency is in question does not
have an attorney, the court will appoint an attorney for the person
who shall represent the person until final disposition of the case;
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5. That if the person whose competency is in question is
indigent or poor, the court will pay the attorney fees; and
6. That the person whose competency is in question shall be
afforded such other rights as are guaranteed by state and federal law
and that such rights include a trial by jury, if demanded. The
notice shall be served upon the person whose competency is in
question, upon the person’s father, mother, husband, or wife or, in
their absence, someone of the next of kin, of full age, if any said
persons are known to be residing within the county, and upon any of
said relatives residing outside of the county, and within the state,
as may be ordered by the court, and also upon the person with whom
the person whose competency is in question may reside, or at whose
house the person may be. The person making such service shall make
affidavit of the same and file such notice, with proof of service,
with the district court. This notice may be served in any part of
this state.
C. Any criminal proceedings against a person whose competency is
in question shall be suspended pending the determination of the
competency of the person.
Added by Laws 1980, c. 336, § 2, emerg. eff. June 25, 1980. Amended
by Laws 1983, c. 104, § 1, eff. Nov. 1, 1983; Laws 2000, c. 421, § 3,
eff. Nov. 1, 2000.
§22-1175.3. Hearing - Date - Evidence - Orders - Examination of
accused - Instructions to physician.
A. Upon filing of an application for determination of
competency, the court shall set a hearing date, which shall be as
soon as practicable, but at least one (1) day after service of notice
as provided by Section 1175.2 of this title.
B. The court shall hold a hearing on the date provided. At the
hearing, the court shall examine the application for determination of
competency to determine if it alleges facts sufficient to raise a
doubt as to the competency of the person. Any additional evidence
tending to create a doubt as to the competency of the person may be
presented at this hearing.
C. If the court finds there is no doubt as to the competency of
the person, it shall order the criminal proceedings to resume.
D. 1. a. If the court finds there is a doubt as to the
competency of the person, it shall order the person to
be examined by the Department of Mental Health and
Substance Abuse Services or by a qualified forensic
examiner designated by the Department to perform
competency examinations.
b. In addition, the Developmental Disabilities Services
Division of the Department of Human Services shall
receive written notice from the district attorney who
filed the criminal petition, and be authorized by order
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of the court to have a psychologist or other
appropriate clinician participate with professionals
assigned by any other public or private agency in any
competency evaluation wherein developmental or
intellectual disability may be involved. The
psychologist or clinician employed, by contract or
otherwise, by the Department of Human Services may
issue a separate opinion and recommendation to the
court.
2. The person shall be examined by a qualified forensic examiner
on an outpatient basis prior to referral for any necessary inpatient
evaluation, as ordered by the court. The outpatient examination may
be conducted in the community, the jail or detention facility where
the person is held.
3. If the court determines that the person whose competency is
in question may be dangerous as defined in Section 1175.1 of this
title, it shall order the person retained in a secure facility until
the completion of the competency hearing provided in Section 1175.4
of this title. If the court determines the person may be dangerous
as defined in Section 1175.1 of this title because the individual is
a person requiring treatment as defined in Section 1-103 of Title 43A
of the Oklahoma Statutes, it may commit the person to the custody of
the Department of Mental Health and Substance Abuse Services or any
other state agency or private facility for the examination required
by this subsection. The person shall be required to undergo
examination for a period of time sufficient for the qualified
forensic examiner(s) to reach a conclusion as to competency, and the
court shall impose a reasonable time limitation for such period of
examination.
E. The qualified forensic examiner(s) shall receive instructions
that they shall examine the patient to determine:
1. If the person is able to appreciate the nature of the charges
made against such person;
2. If the person is able to consult with the lawyer and
rationally assist in the preparation of the defense of such person;
3. If the person is unable to appreciate the nature of the
charges or to consult and rationally assist in the preparation of the
defense, whether the person can attain competency within a reasonable
period of time as defined in Section 1175.1 of this title if provided
with a course of treatment, therapy or training;
4. If the person is a person requiring treatment as defined by
Section 1-103 of Title 43A of the Oklahoma Statutes;
5. If the person is incompetent because the person is
intellectually disabled as defined in Section 1408 of Title 10 of the
Oklahoma Statutes;
6. If the answers to questions 4 and 5 are no, why the defendant
is incompetent; and
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7. If the person were released, whether such person would
presently be dangerous as defined in Section 1175.1 of this title.
F. Upon completion of the competency evaluation, the Department
of Mental Health and Substance Abuse Services or qualified forensic
examiner designated by the Department to perform competency
examinations shall notify the court of its findings. If the person
is in the custody of the Department of Mental Health and Substance
Abuse Services, the person shall be returned to the court in the
customary manner within five (5) business days. If the person is not
returned within that time, the county in which the proceedings are to
be held shall pay the costs of maintaining the person at the
institution or facility for the period of time the person remains at
the institution or facility in excess of the five-day period.
Added by Laws 1980, c. 336, § 3, emerg. eff. June 25, 1980. Amended
by Laws 1990, c. 51, § 17, emerg. eff. April 9, 1990; Laws 1993, c.
323, § 1, emerg. eff. June 7, 1993; Laws 1997, c. 407, § 5, eff. Nov.
1, 1997; Laws 2000, c. 421, § 4, eff. Nov. 1, 2000; Laws 2004, c.
106, § 3, eff. April 1, 2005; Laws 2015, c. 300, § 1, emerg. eff. May
11, 2015; Laws 2019, c. 475, § 21, eff. Nov. 1, 2019.
§22-1175.4. Post-examination competency hearing - Evidence -
Presumptions - Jury trial - Presence of accused - Witnesses -
Instructions.
A. A hearing to determine the competency of the person whose
competency is in question shall be held within thirty (30) days after
the qualified forensic examiner(s) have made the determination
required in Section 1175.3 of this title.
B. The court, at the hearing, shall determine by a preponderance
of the evidence if the person is incompetent. Such determination
shall include consideration of all reports prepared by the qualified
forensic examiner(s). The person shall be presumed to be competent
for the purposes of the allocation of the burden of proof and burden
of going forward with the evidence. If the court deems it necessary,
or if the person alleged to be a person requiring treatment, or any
relative, friend, or any person with whom he may reside, or at whose
house the person may be, shall so demand, the court shall schedule
the hearing on the application as a jury trial to be held within
seventy-two (72) hours of the request, excluding weekends and legal
holidays, or within as much additional time as is requested by the
attorney of the person whose competency is in question, upon good
cause shown. The jury shall be composed of six (6) persons having
the qualifications required of jurors in courts of record, summoned
to determine the questions of the person's competency and need for
treatment. Whenever a jury is required, the court shall proceed to
the selection of such jury in the manner as provided by law and such
jury shall determine the questions of the competency and need for
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treatment of the person whose competency is in question. The jurors
shall receive fees for attendance and mileage as are allowed by law.
C. The person whose competency is in question shall have the
right to be present at the hearing on the petition unless it is made
to appear to the court that the presence of the person makes it
impossible to conduct the hearing in a reasonable manner. The court
may not decide in advance of the hearing, solely on the basis of the
certificate of the examining doctor or doctors, that the person whose
competency is in question should not be allowed to appear. It shall
be made to appear to the court based on clear and convincing evidence
that alternatives to exclusion were attempted before the court
renders the person’s removal for that purpose or the person’s
appearance at such hearing improper and unsafe.
D. All witnesses shall be subject to cross-examination in the
same manner as is provided by law. If so stipulated by counsel for a
person whose competency is in question, the district attorney and the
court, testimony may be given by telephone or other electronic
transmitting device approved by the court. No statement, admission
or confession made by the person whose competency is in question
obtained during the examination for competency may be used for any
purpose except for proceedings under this act. No such statement,
admission or confession may be used against such person in any
criminal action whether pending at the time the hearing is held or
filed against such person at any later time, directly, indirectly or
in any manner or form.
E. If the question of competency is submitted to a jury, the
court shall instruct the jury as to the law regarding competency, and
the findings they are to make. If the trial of the question is to
the court, the court shall make the required findings.
Added by Laws 1980, c. 336, § 4, emerg. eff. June 25, 1980. Amended
by Laws 1985, c. 190, § 1, eff. Nov. 1, 1985; Laws 1991, c. 178, § 3,
eff. Sept. 1, 1991; Laws 1996, c. 161, § 2, eff. Nov. 1, 1996; Laws
2000, c. 421, § 5, eff. Nov. 1, 2000.
§22-1175.5. Questions to be answered in determining competency.
The jury or the court, as the case may be, shall answer the
following questions in determining the disposition of the person
whose competency is in question:
1. Is the person incompetent to undergo further criminal
proceedings at this time? If the answer is no, criminal proceedings
shall be resumed. If the answer is yes, the following questions
shall be answered.
2. Can the incompetency of the person be corrected within a
reasonable period of time, as defined by Section 1175.1 of this
title, through treatment, therapy or training?
0"* "".$! "!.! "4+97
3. Is the person incompetent because the person is
intellectually disabled as defined in Section 1408 of Title 10 of the
Oklahoma Statutes?
4. Is the person incompetent because the person is a person
requiring treatment as defined by Section 1-103 of Title 43A of the
Oklahoma Statutes?
5. If the answers to questions 3 and 4 are no, why is the
defendant incompetent?
6. Is the person presently dangerous as defined in Section
1175.1 of this title if released?
Added by Laws 1980, c. 336, § 5, emerg. eff. June 25, 1980. Amended
by Laws 2000, c. 421, § 6, eff. Nov. 1, 2000; Laws 2004, c. 106, § 4,
eff. April 1, 2005; Laws 2019, c. 475, § 22, eff. Nov. 1, 2019.
§22-1175.6. Disposition orders - Placement in secure ward.
Upon the finding by the jury or the court as provided by Section
1175.5 of this title, the court shall issue the appropriate order
regarding the person as follows:
1. If the person is found to be competent, the criminal
proceedings shall be resumed;
2. If the person is found to be incompetent because the person
is a person requiring treatment as defined in Title 43A of the
Oklahoma Statutes, the court shall issue the appropriate order as set
forth in Section 1175.6a of this title;
3. If the person is found to be incompetent because the person
is intellectually disabled as defined in Section 1408 of Title 10 of
the Oklahoma Statutes, the court shall issue the appropriate order as
set forth in Section 1175.6b of this title; and
4. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by Section
1-103 of Title 43A of the Oklahoma Statutes, or for reasons other
than the person is intellectually disabled as defined in Section 1408
of Title 10 of the Oklahoma Statutes, the court shall issue the
appropriate order as set forth in Section 1175.6c of this title.
Added by Laws 1980, c. 336, § 6, emerg. eff. June 25, 1980. Amended
by Laws 1983, c. 104, § 2, eff. Nov. 1, 1983; Laws 1989, c. 75, § 1,
emerg. eff. April 17, 1989; Laws 1989, c. 348, § 17, eff. Nov. 1,
1989; Laws 1990, c. 51, § 18, emerg. eff. April 9, 1990; Laws 1997,
c. 407, § 6, eff. Nov. 1, 1997; Laws 2000, c. 421, § 7, eff. Nov. 1,
2000; Laws 2004, c. 106, § 5, eff. April 1, 2005; Laws 2019, c. 475,
§ 23, eff. Nov. 1, 2019.
§22-1175.6a. Person capable of achieving competence within
reasonable time - Suspension of criminal proceedings - Civil
commitment.
A. If the person is found to be incompetent prior to conviction
because he or she is a person requiring treatment as defined in
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Section 1-103 of Title 43A of the Oklahoma Statutes, but capable of
achieving competence with treatment within a reasonable period of
time as defined by Section 1175.1 of this title, the court shall
suspend the criminal proceedings and order the Department of Mental
Health and Substance Abuse Services to provide treatment, therapy or
training which is calculated to allow the person to achieve
competency. The Department may designate a willing entity to provide
such competency restoration services on behalf of the Department,
provided the entity has qualified personnel. The court shall further
order the Department to take custody of the individual as soon as a
forensic bed becomes available, unless both the Department and the
county jail where the person is being held determine that it is in
the best interests of the person to remain in the county jail. Such
competency restoration services shall begin within a reasonable
period of time after the court has determined that the person is not
competent to stand trial.
The person shall remain in the custody of the county jail until
such time as the Department has a bed available at the forensic
facility unless competency restoration services are provided by a
designee of the Department, in which case custody of the person shall
be transferred to the Department.
B. The Department of Mental Health and Substance Abuse Services
or designee shall make periodic reports to the court as to the
competency of the defendant.
C. If the person is determined by the Department of Mental
Health and Substance Abuse Services or designee to have regained
competency, or is no longer incompetent because the person is a
person requiring treatment as defined by Title 43A of the Oklahoma
Statutes, a hearing shall be scheduled within twenty (20) days:
1. If found competent by the court or a jury after such
rehearing, criminal proceedings shall be resumed;
2. If the person is found to continue to be incompetent because
the person is a person requiring treatment as defined in Title 43A of
the Oklahoma Statutes, the person shall be returned to the custody of
the Department of Mental Health and Substance Abuse Services or
designee;
3. If the person is found to be incompetent because the person
is intellectually disabled as defined by Title 10 of the Oklahoma
Statutes, the court shall issue the appropriate order as set forth in
Section 1175.6b of this title;
4. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by Title
43A of the Oklahoma Statutes, and other than the person is
intellectually disabled as defined in Title 10 of the Oklahoma
Statutes, and is also found to be not dangerous as defined by Section
1175.1 of this title, the court shall issue the appropriate order as
set forth in Section 1175.6b of this title; or
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5. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by Title
43A of the Oklahoma Statutes, and other than the person is
intellectually disabled as defined in Title 10 of the Oklahoma
Statutes, but is also found to be dangerous as defined by Section
1175.1 of this title, the court shall issue the appropriate order as
set forth in Section 1175.6c of this title.
D. If the person is found to be incompetent because the person
is a person requiring treatment as defined by Section 1-103 of Title
43A of the Oklahoma Statutes, but not capable of achieving competence
with treatment within a reasonable period of time as defined by
Section 1175.1 of this title, the court shall commence civil
commitment proceedings pursuant to Title 43A and shall dismiss
without prejudice the criminal proceeding. If the person is
subsequently committed to the Department of Mental Health and
Substance Abuse Services pursuant to Title 43A, the statute of
limitations for the criminal charges which were dismissed by the
court shall be tolled until the person is discharged from the
Department of Mental Health and Substance Abuse Services pursuant to
Section 7-101 of Title 43A of the Oklahoma Statutes.
Added by Laws 2004, c. 106, § 6, eff. April 1, 2005. Amended by Laws
2015, c. 300, § 2, emerg. eff. May 11, 2015; Laws 2018, c. 290, § 2,
emerg. eff. May 10, 2018; Laws 2019, c. 475, § 24, eff. Nov. 1, 2019.
§22-1175.6b. Incompetence due to intellectual disability -
Suspension of criminal proceedings - Placement - Conditional release.
A. If the person is found to be incompetent primarily because
the person is intellectually disabled as defined in Section 1408 of
Title 10 of the Oklahoma Statutes, and is also found by the court to
be dangerous as defined by Section 1175.1 of this title, the court
shall suspend the criminal proceedings, and shall place the person
into the custody of the Office of Public Guardian. The Office of
Public Guardian shall act with all powers set forth in the Oklahoma
Public Guardianship Act, and:
1. The Office of Public Guardian shall place any person placed
in its custody under this title in a facility or residential setting,
private or public, willing to accept the individual and that has a
level of supervision and security that is appropriate to the needs of
the person;
2. Such placements shall be within the sole discretion of the
Office of Public Guardian;
3. All such placements made by the Office of Public Guardian
shall be made within six (6) months of the date of the order awarding
custody to the Office of Public Guardian;
4. The Office of Public Guardian shall report to the court at
least every six (6) months as to the status of the person including,
but not limited to, the type of placement, services provided, level
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of supervision, the medical and psychological health of the person,
whether the person would be dangerous if conditionally released into
a nonsecure environment, the assistance and services that would be
required for such conditional release and whether the person has
achieved competency;
5. If the person is determined by the Office of Public Guardian
to have regained competency or that conditional release to a private
guardian or other caretaker is appropriate, a hearing shall be
scheduled within twenty (20) days. If found competent by the court
or a jury after such rehearing, criminal proceedings shall be
resumed. If the court finds conditional release to be appropriate,
the court shall make an appropriate order for conditional release;
and
6. The provisions of subsections C, H and I of Section 6-101 of
Title 30 of the Oklahoma Statutes shall not apply to custody orders
arising under this title.
B. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by Section
1-103 of Title 43A of the Oklahoma Statutes and is found to be not
dangerous as defined by Section 1175.1 of this title, the court shall
suspend the criminal proceedings and either refer the person to the
Department of Human Services for consideration of voluntary
assistance or conditionally release the person as set forth in this
section.
1. For any person recommended for conditional release, a written
plan for services shall be prepared by the Department of Human
Services and filed with the court. In its order of conditional
release, the court shall specify the conditions of release and shall
direct the appropriate agencies or persons to submit annual reports
regarding the person's compliance with the conditions of release and
progress:
a. to be eligible for conditional release, the person
shall agree, in writing, that during the period the
person is granted conditional release and is subject to
the provisions thereof, there shall be free
transmission of all pertinent information, including
clinical information regarding the person, among the
person's treatment providers, the appropriate district
attorneys, law enforcement and court personnel. To
effect this agreement, the person shall execute any
releases required by law to allow for the dissemination
of this information,
b. the court's order placing the person on conditional
release shall include notice that the person's
conditional release may be revoked upon good cause,
c. the district attorney, as well as any agency or
individual involved in providing services with regard
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to the person's conditional release, may prepare and
file an affidavit under oath if the district attorney,
agency, or individual believes that the person has
failed to comply with the conditions of release. The
court shall then conduct a hearing to determine if the
person has violated the conditions of release. Notice
of the hearing shall be issued, at least twenty-four
(24) hours before the hearing, to the Department of
Human Services, the person, trial counsel for the
person, and the client advocate general of the
Department of Human Services. After reviewing the
evidence concerning any alleged violation of the
conditions of the release, the person's progress,
treatment alternatives, and the need for public safety,
the court may order no change to the conditions for the
person's release or modify the conditions of release,
and
d. the person placed on conditional release shall remain
in a conditional release status until the reviewing
court issues a full release from all conditions.
2. If the person is determined by the Department of Human
Services to have regained competency, a hearing shall be scheduled
within twenty (20) days:
a. if found competent by the court or a jury after such
rehearing, criminal proceedings shall be resumed,
b. if the person is found to continue to be incompetent,
the person shall be returned to either conditional
release or referred to the Department of Human Services
for consideration of voluntary assistance.
Added by Laws 2004, c. 106, § 7, eff. April 1, 2005. Amended by Laws
2019, c. 475, § 25, eff. Nov. 1, 2019.
§22-1175.6c. Person incompetent for reasons other than needed
treatment or due to intellectual disability - Dangerous to self or
others - Placement.
A. If the person is found to be incompetent for reasons other
than the person is a person requiring treatment as defined by Title
43A of the Oklahoma Statutes, or the person is intellectually
disabled as defined by Title 10 of the Oklahoma Statutes, but is also
found to be dangerous as defined by Section 1175.1 of this title, the
court shall suspend the criminal proceedings and refer the matter to
the Department of Human Services and Department of Mental Health and
Substance Abuse Services for determination of appropriate placement.
B. The Department of Human Services and the Department of Mental
Health and Substance Abuse Services shall jointly establish
procedures by April 1, 2005, to determine the appropriate placement
of individuals who are found to be incompetent to stand trial for
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reasons other than the person is a person requiring treatment as
defined by Title 43A of the Oklahoma Statutes, or the person is
intellectually disabled as defined by Title 10 of the Oklahoma
Statutes. Both agencies shall then submit their joint recommendation
to the court for determination of appropriate placement.
Added by Laws 2004, c. 106, § 8, eff. April 1, 2005. Amended by Laws
2019, c. 475, § 26, eff. Nov. 1, 2019.
§22-1175.7. Persons incompetent but capable of achieving competency
within reasonable time - Treatment order - Medical supervisor -
Commitment - Private treatment - Involuntary commitment to Department
of Human Services prohibited.
A. If the person is found incompetent, but capable of achieving
competency within a reasonable period of time, as defined by the
court, the court shall order such person to undergo such treatment,
therapy or training which is calculated to allow the person to
achieve competence.
B. If the person is not committed to the custody of the
Department of Mental Health and Substance Abuse Services, the court
shall appoint a medical supervisor for a course of treatment. The
medical supervisor of treatment may be any person or agency that
agrees to supervise the course of treatment. The proposed treatment
may be either inpatient or outpatient care depending on the
facilities and resources available to the court and the type of
disability sought to be corrected by the court's order. The court
shall require the supervisor to provide periodic progress reports to
the court and may pay for the services of the medical supervisor from
court funds.
C. The court may not commit the incompetent person to the
custody of the Department of Mental Health and Substance Abuse
Services unless the person is a person requiring treatment as defined
by Title 43A of the Oklahoma Statutes.
D. The court may allow the person to receive treatment from
private facilities if such facilities are willing, and neither the
state nor the court fund is required to directly pay for such care.
E. In no event shall an incompetent individual be involuntarily
committed to the legal custody of the Department of Human Services or
any of its facilities.
Added by Laws 1980, c. 336, § 7, emerg. eff. June 25, 1980. Amended
by Laws 1990, c. 51, § 19, emerg. eff. April 9, 1990; Laws 1997, c.
407, § 7, eff. Nov. 1, 1997; Laws 2000, c. 421, § 8, eff. Nov. 1,
2000; Laws 2015, c. 300, § 3, emerg. eff. May 11, 2015.
§22-1175.8. Resumption of competency.
If the medical supervisor reports that the person appears to have
achieved competency after a finding of incompetency, the court shall
hold another competency hearing to determine if the person has
0"* "".$! "!.! "4-:+
achieved competency. If competency has been achieved, the criminal
proceedings shall be resumed.
Laws 1980, c. 336, § 8, emerg. eff. June 25, 1980.
§22-1176. Raising issue of mental illness or insanity at time of
offense.
A. If the defendant intends to raise the question of mental
illness or insanity at the time of the offense, the defendant shall
file notice with the court no later than thirty (30) days after
formal arraignment. Additionally, if the defendant is financially
unable to obtain the services of a qualified mental health
professional, the defendant shall file an application with the court
at the time of the filing of notice of insanity defense. The
procedure to be followed for review of such an application will be
the same as provided in Section 1175.3 of this title.
B. In cases not involving the appointment of the Oklahoma
Indigent Defense System pursuant to Sections 1355 through 1370.1 of
this title, if the court finds that the defendant's sanity at the
time of the offense is to be a significant factor in his defense at
trial and that the defendant is financially unable to obtain the
services of a qualified mental health professional, the court shall
provide the defendant with access to a qualified mental health
professional by authorizing counsel to obtain the services of a
qualified mental health professional to conduct an appropriate
examination and assist in evaluation, preparation and presentation of
the defense. Compensation for such services shall be paid by the
court fund, as authorized by Section 1304 of Title 20 of the Oklahoma
Statutes.
C. As used in this section, "qualified mental health
professional" means an individual certified or licensed in this state
to practice psychiatry, psychology, professional counseling, or
social work.
Added by Laws 1985, c. 232, § 2, emerg. eff. July 8, 1985. Amended
by Laws 1991, c. 238, § 36, eff. July 1, 1991; Laws 2009, c. 239, §
1, eff. Nov. 1, 2009.
§22-1181. Causes for removal of officers.
Any officer not subject to impeachment elected or appointed to
any state, county, township, city, town, or other office under the
laws of the state may, in the manner provided in this article, be
removed from office for any of the following causes:
First. Habitual or willful neglect of duty.
Second. Gross partiality in office.
Third. Oppression in office.
Fourth. Corruption in office.
Fifth. Extortion or willful overcharge of fees in office.
Sixth. Willful maladministration.
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Seventh. Habitual drunkenness.
Eighth. Failure to produce and account for all public funds and
property in his hands, at any settlement or inspection authorized or
required by law.
R.L.1910, § 5592.
§22-1181.1. Removal for acts of commission, omission, neglect.
All elective officers in the State of Oklahoma, including
elective officers of the state and elective officers in each county,
city, town or school district of the State of Oklahoma, but excluding
any elective officers liable to impeachment, shall be subject to
removal from office in such manner and for such causes as now
provided by law, or as may be provided by law passed subsequent to
this act, and any such officer or officers may be removed or ousted
from office for any act or acts of commission or omission or neglect
which may be committed, done or omitted during the term in which such
ouster or removal proceedings may be filed, and any such officer or
officers, may be removed or ousted from office for any act or acts of
commission, omission or neglect committed, done or omitted during a
previous or preceding term in such office.
Laws 1955, p. 200, § 1.
§22-1181.2. Allegations or charges.
The complaint, petition, accusation or proceeding for removal or
ouster from office may include allegations or charges of any act or
acts of commission, omission or neglect which may be committed, done
or omitted during the term of office in which such ouster or removal
proceeding may be filed, and may also include allegations or charges
as to any act or acts of commission, omission or neglect committed,
done or omitted during a previous or preceding term in such office.
Laws 1955, p. 200, § 2.
§22-1182. Accusation by grand jury.
An accusation in writing, charging such officer with any of the
causes for removal mentioned in the first preceding section may be
presented by the grand jury to the district court of the county in or
for which the officer is elected or appointed: Provided, that in the
case of a state officer, such accusation may be presented by the
grand jury of the county in which such officer resides, or in which
he has his place of office for the usual transaction of official
business.
R.L.1910, § 5593.
§22-1183. Requisites of accusation.
The accusation must state the offense charged, in ordinary and
concise language, without repetition, and in such manner as to enable
a person of common understanding to know what is intended.
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R.L.1910, § 5594.
§22-1184. Proceedings on accusation.
After receiving the accusation, the judge to whom it is delivered
must forthwith cause it to be transmitted to the district attorney of
the county or subdivision, except when he is the officer accused, who
must cause a copy thereof to be served upon the defendant, and
required by written notice of not less than five (5) days that he
appear before the district court of the county or subdivision, and
answer the accusation at a specified time. The original accusation
must then be filed with the clerk of the court.
R.L.1910, § 5595.
§22-1185. Defendant to appear.
The defendant must appear at the time appointed in the notice,
and answer the accusation, unless, for sufficient cause, the court
assigns another day for that purpose. If he do not appear, the court
may proceed to hear and determine the accusation in his absence.
R.L.1910, § 5596.
§22-1186. Requisites of answer.
The defendant may answer the accusation either by objecting to
the sufficiency thereof, or of any article therein, or by denying the
truth of the same.
R.L.1910, § 5597.
§22-1187. Objection to accusation.
If he object to the legal sufficiency of the accusation the
objection must be in writing but need not be in any specific form, it
being sufficient if it present intelligibly the ground of the
objections.
R.L.1910, § 5598.
§22-1188. Denial of accusation.
If he deny the truth of the accusation the denial may be oral and
without oath and must be entered upon the minutes.
R.L.1910, § 5599.
§22-1189. Defendant to answer, when.
If an objection to the sufficiency of the accusation be not
sustained the defendant must answer the accusation forthwith.
R.L.1910, § 5600.
§22-1190. Judgment of conviction or trial.
If the defendant plead guilty, or refuse to answer the accusation
the court must render judgment of conviction against him. If he deny
the matters charged, the court must proceed to try the accusation.
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R.L.1910, § 5601.
§22-1191. Method of trial.
The trial must be by jury and conducted in all respects in the
same manner as the trial of an indictment for a misdemeanor.
R.L.1910, § 5602.
§22-1192. Removal if convicted.
Upon a conviction, the court must pronounce judgment, that the
defendant be removed from office. But to warrant a removal, the
judgment must be entered upon the minutes, assigning therein the
causes of removal.
R.L.1910, § 5603.
§22-1193. Accusation against district attorney.
In case an accusation is presented against the district attorney,
the same shall be delivered by the judge to the clerk of his court,
and by the clerk to such person as the judge shall appoint to act as
prosecuting officer in the matter, and the person so appointed shall
be authorized and required to conduct the proceedings.
R.L.1910, § 5604.
§22-1194. County commissioners or judge and treasurer may present
accusation, when - Proceedings.
The board of county commissioners may, in the case of any county
or township officer, present such accusation and bring an action in
the name of the county for the removal of such officer, and the
district court shall have exclusive jurisdiction thereof; but if any
county commissioner is the party charged, then the county judge and
county treasurer shall present such accusation and bring the action.
The proceedings, in actions brought under the provisions of this
section shall, except as provided in the two next succeeding
sections, be as is provided in the preceding sections of this
article.
R.L.1910, § 5605.
§22-1195. Suspension from office - Time for trial - Change of judge
or venue - Continuances - Filling vacancy temporarily - Voluntary
suspension of county officers.
(1) When the complaint for removal is filed, if, in addition to
the matter charged as ground for removal, the complaint shall also
pray that the officer charged be suspended from office pending the
investigation, the judge of the court may, if sufficient cause appear
from the charge or from the testimony, or affidavits then presented,
order the suspension of the accused from the functions of his office
until the determination of the matter. If the order of suspension be
made and the court be then in session, the accused shall be entitled
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to a trial within ten (10) days, if he demands it. If the court be
not in session, then the accused shall be entitled to a trial on the
first day of the next term. The accused shall have the right to
change of judge, or to a change of venue, on application to the
court, or to the judge if the court be not in session, on making the
showing required to change the venue in a criminal case, and if the
application be allowed the matter shall be sent for trial to the
nearest adjoining county, and in which the objections stated as
ground of change do not exist, and trial shall be there had at the
earliest possible date. But one such change shall be allowed. The
accused shall be entitled to continuance, as in other cases. If the
accused be not suspended from his office, then the complainant may
have a continuance, as in other criminal cases. If a suspension take
place, the board of county commissioners may temporarily fill the
office by appointment, but if the officer suspended be a county
commissioner, then the vacancy shall be filled by temporary
appointment made by the Governor.
(2) A county officer, other than a county commissioner, against
whom a complaint for removal has been filed, may voluntarily suspend
himself from office by filing an election of suspension at any time
after such complaint has been filed with the board of county
commissioners, which board shall temporarily fill the office by
appointment. If the officer be a county commissioner, then such
filing shall be made with the Governor of the State of Oklahoma, who
shall temporarily fill the office by appointment. If upon trial such
officer is found guilty, such temporary appointment shall remain in
effect until a successor is duly qualified as provided by law, but if
such officer is acquitted, such temporary appointment shall expire at
that time, and the person so acquitted shall immediately resume his
office.
R.L.1910 § 5606; Laws 1968, c. 129, § 1, emerg. eff. April 8, 1968.
§22-1196. Judgment of removal.
The question of fact shall be tried as in other actions, and if
the accused is found guilty, the judgment shall be entered removing
the officer from his office and declaring the latter vacant, or as
provided for in the code of criminal procedure, and a copy thereof
shall be certified to the board of county commissioners, and the
county clerk shall enter the same upon the proper record.
R.L.1910, § 5607.
§22-1197. Members of legislature not affected.
This article shall not apply to the manner of removing members of
the Legislature.
R.L.1910, § 5608.
§22-1221. Search warrant defined.
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A. A search warrant is an order in writing, in the name of the
state, signed by a magistrate, directed to a peace officer,
commanding him to search for personal property and bring it before
the magistrate.
B. For purposes of Sections 1221 through 1241 of this title, the
term "personal property" or "property" shall mean items and
information that can be analyzed, seen, weighed, measured, felt or
touched or that are in any other manner perceptible to the senses.
R.L. 1910, § 6059. Amended by Laws 2014, c. 75, § 1, eff. Nov. 1,
2014.
§22-1222. Grounds for issuance of search warrant - Seizure of
property.
A search warrant may be issued and property seized upon any of
the following grounds:
First: When the property was stolen or embezzled, in which case
it may be taken on the warrant, from any house or other place in
which it is concealed, or from the possession of the person by whom
it was stolen or embezzled, or of any other person in whose
possession it may be.
Second: When it was used as the means of committing a felony, in
which case it may be taken on the warrant from any house or other
place in which it is concealed, or from the possession of the person
by whom it was used in the commission of the offense, or of any other
person in whose possession it may be.
Third: When it is in the possession of any person, with the
intent to use it as the means of committing a public offense, or in
the possession of another to whom the person may have delivered it
for the purpose of concealing it or preventing its being discovered,
in which case it may be taken on the warrant from such person, or
from a house or other place occupied by the person, or under the
person’s control, or from the possession of the person to whom the
person may have so delivered it.
Fourth: When the property constitutes evidence that an offense
was committed or that a particular person participated in the
commission of an offense.
Fifth: When there is probable cause to believe that, at a future
time, the property or items sought which are intended to be used to
commit a public offense, will be located at a particular place.
Under such circumstances, the magistrate shall insert a direction in
the search warrant making execution of the warrant contingent upon
the happening of an event which evidences probable cause that the
item to be seized is in the place to be searched.
Sixth: As authorized by any provision of the Security of
Communications Act.
R.L.1910, § 6060. Amended by Laws 1969, c. 223, § 1, emerg. eff.
April 21, 1969; Laws 2007, c. 358, § 9, eff. July 1, 2007.
0"* "".$! "!.! "4-:9
§22-1223. Probable cause must be shown.
A search warrant shall not be issued except upon probable cause,
supported by affidavit, naming or describing the person, and
particularly describing the property and the place to be searched.
R.L.1910, § 6061.
§22-1223.1. Electronically recorded oral statement - Transcription.
A magistrate may take an oral statement under oath which shall at
that time be recorded electronically and thereafter transcribed by an
official court reporter. The original recording and transcription
thereof shall become a part of and kept with the official records of
the case. The transcribed statement shall be deemed to be an
affidavit for the purposes of this section and Section 1223 of Title
22 of the Oklahoma Statutes.
In such cases, the magistrate and the official court reporter
shall sign the transcription of the recording of the sworn statement.
Thereafter, the transcript shall be filed with the clerk of the
district court along with the original recording.
Added by Laws 1982, c. 224, § 1.
§22-1224.1. Oral testimony supplemental to affidavit.
Before issuing a search warrant the judge may take oral
testimony, sworn to under oath, supplemental to any affidavits.
Provided, however, that such oral testimony shall be recorded, such
record transcribed forthwith, and filed with the affidavits to
support the search warrant.
Laws 1971, c. 120, § 1, emerg. eff. May 3, 1971.
§22-1224.2. Filing and indexing of documents.
In the event the search warrant is executed, then the search
warrant, affidavit for search warrant, return of search warrant, if
separate, and transcript of oral testimony, if any, shall be filed
with the clerk of the district court, and shall be indexed by the
clerk in alphabetical order. Upon a criminal prosecution being
filed, the district attorney shall make application for a court order
that the documents be transferred and filed in the case.
Added by Laws 1971, c. 120, § 4, emerg. eff. May 3, 1971. Amended by
Laws 2001, c. 404, § 4, eff. Nov. 1, 2001.
§22-1225. Requisites of search warrant - Issuing magistrate.
A. If a magistrate be thereupon satisfied of the existence of
grounds of the application, or that there is probable cause to
believe their existence, he must issue a search warrant, signed by
him, with his name of office, to a peace officer of this state,
commanding him forthwith to search the person or place named, for the
property specified, and to bring it before the magistrate, and also
0"* "".$! "!.! "4-:
to arrest the person in whose possession the same may be found, to be
dealt with according to law.
B. In addition to any other procedure authorized by law, a
proposed search warrant, affidavit or both search warrant and
affidavit may be communicated to the magistrate by telephone or by
electronic mail or any similar electronic communication which
delivers a complete printable image of the warrant or affidavit.
1. If the proposed search warrant is communicated
telephonically, the affiant shall:
a. recite information establishing probable cause to
support issuance of the search warrant, and
b. recite the proposed search warrant to the magistrate
verbatim and obtain the oral permission of the
magistrate to print the name of the magistrate on the
search warrant along with the date and time of the
signature.
The oral recorded authorization of the magistrate to print the
name of the magistrate on the search warrant shall constitute
issuance of the search warrant under this section. The conversation
establishing probable cause, reciting the contents of the search
warrant verbatim and any authorization to sign by the magistrate
shall be audio-recorded, transcribed and filed together with the
warrant in accordance with Section 1223.1 of this title.
2. If communication of the proposed affidavit is made by
electronic mail or other electronic communication, the affidavit may
contain a notarized acknowledgement or the affiant may swear to the
affidavit by telephone. A magistrate administering an oath
telephonically shall endorse upon the face of the affidavit the date
and time which the affiant undertook the oath by telephone.
a. A warrant may be issued by the magistrate pursuant to
this subsection by physically signing a printed copy of
the affidavit and proposed warrant and transmitting
said documents back to the affiant by electronic mail
or other electronic communication. The printed copy
received by the affiant shall constitute a search
warrant and be executed as such. After execution, the
search warrant shall be filed along with the printed
copy of the affidavit received by the affiant, as
provided for in Section 1233 of this title.
b. A magistrate may also issue a warrant pursuant to this
paragraph without printing and signing a physical copy
of the affidavit and warrant by return electronic
communication to the affiant authorizing issuance of
the warrant as submitted, or as modified by the
magistrate, provided a copy of the modified document is
included with the return electronic communication to
the affiant.
0"* "".$! "!.! "4-
C. A search warrant authorized by this section may be issued by
any magistrate for a search of a person or property within the
judicial district in which the magistrate presides or outside the
judicial district if there was probable cause to believe the property
was within the judicial district when the warrant was sought, but
moved outside the judicial district before the warrant was executed.
R.L. 1910, § 6063. Amended by Laws 1982, c. 224, § 2; Laws 1990, c.
290, § 1, eff. Sept. 1, 1990; Laws 2014, c. 75, § 2, eff. Nov. 1,
2014.
§22-1226. Form of search warrant.
The warrant must be in substantially the following form:
County of _______________
In the name of the State of Oklahoma. To any peace officer of
this state.
Probable cause having been shown on this date before me, by (name
every officer and person who has made affidavit or given oral
testimony supplementing an affidavit) for believing the following
property (describe the property) is located at (specify the location
where the property is shown to be).
You are therefore commanded, in the daytime (or "at any time of
the day or night," as the case may be, according to Section 1230, as
amended, of Title 22 of the Oklahoma Statutes), to make immediate
search on the person of C.D. (or "in the house situated," describing
it, or any other place to be searched, with reasonable particularity,
as the case may be), for the following property (describing it with
reasonable particularity), and if you find the same, or any part
thereof to bring it forthwith before me, at (stating the place) or
before a magistrate who presides in the judicial district in which
the property was found and seized.
Dated at _______________ the _____ day of _______________, 19___.
______________________________
(Signature of Judge)
______________________________
(Judge's Official Designation)
R.L.1910, § 6064; Laws 1971, c. 120, § 2, emerg. eff. May 3, 1971.
Amended by Laws 1990, c. 290, § 2, eff. Sept. 1, 1990.
§22-1227. Service of search warrant.
A search warrant may in all cases be served by any of the
officers mentioned in its direction, but by no other person except in
aid of the officer, on his requiring it, he being present, and acting
in its execution.
R.L. 1910, § 6065.
§22-1228. Execution of search warrant without warning or notice –
Forced entry – Exigent circumstances.
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A peace officer may break open an outer or inner door or window
of a house, or any part of the house, or anything therein, to execute
the warrant when:
1. The officer has been refused admittance after having first
given notice of his authority and purpose; or
2. Pursuant to an instruction inserted in the search warrant by
the magistrate that no warning or other notice of entry is necessary
because there is reasonable cause to believe that exigent
circumstances exist. Exigent circumstances include:
a. such warning or other notice would pose a significant
danger to human life,
b. such warning or other notice would allow the possible
destruction of evidence,
c. such warning or other notice would give rise to the
possibility of resistance or escape,
d. such warning or other notice would otherwise inhibit
the effective investigation of the crime, or
e. such warning or other notice would be futile or a
useless gesture.
R.L.1910, § 6066. Amended by Laws 1990, c. 290, § 3, eff. Sept. 1,
1990; Laws 1999, c. 128, § 1, eff. Nov. 1, 1999.
§22-1229. Execution of search warrant - Liberating person detained.
He may break open any outer or inner door or window of a house
for the purpose of liberating a person who, having entered to aid him
in the execution of the warrant, is detained therein, or when
necessary for his own liberation.
R.L.1910, § 6067.
§22-1230. When search warrant may be served.
Search warrants for occupied dwellings shall be served between
the hours of six o'clock a.m. and ten o'clock p.m., inclusive, unless
the judge finds the existence of at least one of the following
circumstances:
1. The evidence is located on the premises only between the
hours of ten o'clock p.m. and six o'clock a.m.;
2. The search to be performed is a crime scene search;
3. The affidavits be positive that the property is on the
person, or in the place to be searched and the judge finds that there
is likelihood that the property named in the search warrant will be
destroyed, moved or concealed; or
4. The search to be performed is a search for evidence relating
to the illegal manufacture of methamphetamine or other controlled
dangerous substance.
If any of the above criteria are met the judge may insert a
direction that the warrant be served at any time of the day or night.
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Search warrants for sites other than occupied dwellings may be served
at any time of the day or night without a special direction.
R.L. 1910, § 6068. Amended by Laws 1971, c. 120, § 3, emerg. eff.
May 3, 1971; Laws 1990, c. 148, § 2, emerg. eff. May 1, 1990; Laws
1996, c. 15, § 1, eff. Nov. 1, 1996; Laws 2005, c. 353, § 1, eff.
Nov. 1, 2005.
NOTE: Laws 2005, c. 426, § 3 repealed by Laws 2006, c. 16, § 5,
emerg. eff. March 29, 2006.
§22-1231. Search warrant void after ten days – Forensic, scientific,
or digital analysis exception.
A search warrant must be executed and returned to the magistrate
by whom it is issued within ten (10) days. After the expiration of
these times respectively, the warrant, unless executed, is void.
Provided, if the search warrant authorizes a forensic, scientific or
digital analysis of items or samples already in the custody of law
enforcement, the search shall be commenced within a reasonable time
and the return shall be made within ten (10) days following the
completion of said search.
R.L. 1910, § 6069. Amended by Laws 2014, c. 75, § 3, eff. Nov. 1,
2014.
§22-1232. Disposition of property recovered.
When the property is delivered to the magistrate, he must, if it
was stolen or embezzled, deliver it to the owner on satisfactory
proof of his title, and on his paying the necessary expenses incurred
in its preservation, to be certified by the magistrate. If it were
taken on a warrant issued on the grounds stated in the second and
third subdivisions of the second section of this article, he must
retain it in his possession, subject to the order of the court to
which he is required to return the proceedings before him, or of any
other court in which the offense, in respect to which the property
was taken, is triable.
R.L.1910, § 6070.
§22-1233. Return of search warrant.
Any peace officer who executes a search warrant must forthwith
return the warrant to the magistrate who authorized the warrant or to
a magistrate who presides in the judicial district in which the
property was found and seized together with a written inventory of
the property taken, which shall be made publicly, or in the presence
of the person from whose possession it was taken and of the applicant
for the warrant, if they be present, verified by the affidavit of the
officer, and taken before the magistrate, to the following effect:
I, A. B., the officer by whom this warrant was executed, do swear
that the above inventory contains a true and detailed account of all
the property taken by me on the warrant.
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R.L.1910, § 6071. Amended by Laws 1990, c. 290, § 4, eff. Sept. 1,
1990.
§22-1234. Inventory to be furnished, when.
The magistrate must thereupon, if required, deliver a copy of the
inventory to the person from whose possession the property was taken,
and to the applicant for the warrant.
R.L.1910, § 6072.
§22-1235. Hearing on issuance of warrant.
If the grounds on which the warrant was issued be controverted,
the magistrate must proceed to take testimony in relation thereto.
R.L.1910, § 6073.
§22-1236. Testimony on hearing for warrant.
The testimony given by each witness must be reduced to writing
and authenticated in the manner as in preliminary examinations.
R.L.1910, § 6074.
§22-1237. Restoration of property to person searched.
If it appears that the property taken is not the same as that
described in the warrant, or that there is no probable cause for
believing the existence of the grounds on which the warrant was
issued, the magistrate must cause it to be restored to the person
from whom it was taken.
R.L.1910, § 6075.
§22-1238. Papers returned to district court.
The magistrate must annex together the depositions, the search
warrant and return, and the inventory, and then return them to the
next district court of the county having power to inquire into the
offense in respect to which the search warrant was issued by the
intervention of a grand jury at or before its opening on the first
day.
R.L.1910, § 6076.
§22-1239. Procuring search warrant without cause.
A person who maliciously and without probable cause procures a search
warrant to be issued and executed is guilty of a misdemeanor.
R.L.1910, § 6077.
§22-1240. Officer exceeding his authority.
A peace officer in executing a search warrant, who willfully
exceeds his authority, or exercises it with unnecessary severity, is
guilty of a misdemeanor.
R.L.1910, § 6078.
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§22-1241. Search of defendant for weapons or evidence.
When a person charged with a felony is supposed by the magistrate
before whom he is brought to have upon his person a dangerous weapon
or anything which may be used as evidence of the commission of the
offense, the magistrate may direct him to be searched in his
presence, and the weapon or other thing to be retained, subject to
his order or the order of the court in which the defendant may be
tried.
R.L.1910, § 6079.
§22-1261. Seized property - Report and disposition.
In all cases where wines, whiskey, beer or other intoxicating
liquors mentioned in the Constitution or laws of this state or any
personal property used for the purpose of violating any of the
prohibitory liquor laws or gambling laws of this state, shall be
seized by any officer or person with or without a search warrant,
such officer or person is hereby required within five (5) days to
make a written report under oath and file the same with the court
clerk of the proper or respective county where the same shall be so
seized, which report shall in detail state the name of the officer or
person making the seizure, the place where seized and an inventory of
the property, articles or intoxicating liquors so taken into
possession, and within said five (5) days said person is hereby
required to deliver the same to the sheriff of the county and take
the sheriff's receipt therefor, in duplicate and such sheriff shall
retain the same and all thereof, until the same shall be destroyed
pursuant to the orders of the court. In computing the time, five (5)
days, Sundays and holidays shall be excluded and not counted. A
duplicate copy of said receipt shall immediately be filed with said
court clerk, who shall keep a record of same, provided the sheriff
and his deputies shall be required to make the affidavit and issue
the receipt and otherwise comply with the provisions of this act.
Provided, that all liquors so seized shall be preserved for use as
evidence in the trial of any action growing out of such seizure and
all officers seizing any such liquors are hereby required to mark the
bottles or containers for identification by writing thereon the date
of the seizure and the name of the person from whom seized. The
sheriff shall be liable on his bond for the safe keeping of all such
property so turned over to him under the provisions of this act.
Added by Laws 1919, c. 19, p. 35, § 1, emerg. eff. March 15, 1919.
Amended by Laws 2011, c. 66, § 1, eff. Nov. 1, 2011.
§22-1262. Seized property - Officer guilty of penalty, when.
Any officer failing to comply with Section One of this act shall
be guilty of a misdemeanor and upon conviction shall be fined not
less than Twenty-five Dollars ($25.00) or more than One Hundred
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Dollars ($100.00), and imprisoned in the county jail not less than
thirty (30) days or more than sixty (60) days for each offense.
Laws 1919, c. 19, p. 36, § 2.
§22-1263. Penalty for sale of seized liquor by officer.
Any officer who shall sell, barter, give away, or otherwise
dispose of any whiskey or any intoxicating liquor, including beer, so
seized by order of the court, shall be guilty of a felony. A
violation of any provision of this section shall be punished by a
fine of not less than Fifty Dollars ($50.00), nor more than Two
Thousand Dollars ($2,000.00), and imprisonment of not less than
thirty (30) days in jail, nor more than five (5) years in the State
Penitentiary.
Added by Laws 1919, c. 19, p. 36, § 3. Amended by Laws 1927, c. 14,
p. 16, § 1; Laws 1997, c. 133, § 438, eff. July 1, 1999; Laws 1999,
1st Ex.Sess., c. 5, § 322, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 438 from July 1, 1998, to July 1, 1999.
§22-1264. False affidavit by officer - Penalty.
Any officer willfully making a false affidavit, as provided in
Section 1261 of this title, shall be guilty of the felony of perjury
and, upon conviction therefor, shall be imprisoned in the State
Penitentiary not less than two (2) years nor more than five (5) years
for each offense.
Added by Laws 1919, c. 19, p. 36, § 4. Amended by Laws 1997, c. 133,
§ 439, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 323, eff.
July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 439 from July 1, 1998, to July 1, 1999.
§22-1271. Repealed by Laws 1992, c. 303, § 31, eff. July 1, 1992.
§22-1272. Affidavits or depositions need not be entitled.
It is not necessary to entitle an affidavit, or deposition in the
action, whether taken before or after indictment; but if made without
a title, or with an erroneous title, it is as valid and effectual for
every purpose as if it were duly entitled, if it intelligibly refer
to the proceedings, in which it is made.
R.L.1910, § 6125.
§22-1273. Informalities or errors not fatal if not prejudicial.
Neither a departure from the form or mode prescribed in this
chapter in respect to any pleadings or proceedings, nor an error or
mistake therein, renders it invalid, unless it has actually
prejudiced the defendant or tended to his prejudice, in respect to a
substantial right.
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R.L.1910, § 6126.
§22-1274. Informer to pay costs, when.
If any informer, under a penal statute, to whom the penalty, or
any part thereof, if recovered, is given, shall dismiss his suit or
prosecution, or fail in the same, he shall pay all costs accruing on
such suit or prosecution, unless he be an officer whose duty it is to
commence the same.
R.L.1910, § 6133.
§22-1275. Clerk to keep record of indictments, informations and
bonds.
The clerk of the district court shall keep a record in which all
indictments, informations and bonds shall be entered and certified as
true and correct copies of all original indictments, informations and
bonds filed in his office, and whenever any such original indictment,
information or bond filed with the clerk becomes either lost,
destroyed or stolen, or for any other reason cannot be produced at
the trial, a certified copy of the aforesaid record of such original
indictment, information or bond shall be competent evidence and shall
have the same validity and effect as the original thereof.
R.L.1910, § 6134.
§22-1276. Record of indictments, informations and bonds not public.
The record provided for in the preceding section shall be kept by
the clerk as a private record and to be made public only in case the
original indictment, information or bond becomes lost, stolen or
cannot be found.
R.L.1910, § 6135.
§22-1277. Prosecutions of offenses committed by inmates of penal
institutions - Habeas corpus - Costs, expenses, fees.
A. The Department of Corrections shall pay a fee as provided in
subsection D of this section for criminal prosecutions conducted in
any county where a penal institution or community correction center
is located in this state when the prosecution involves:
1. A violation of any criminal law committed by any prisoner
housed in any penal institution or community correction center of
this state; or
2. A crime committed in furtherance of an escape, flight or
concealment as a fugitive from any penal institution or community
correction center of this state.
B. The provisions of subsection A of this section shall apply
whether the prisoner is confined or permitted to be at large as a
trusty or otherwise. Provided, however, the provisions of subsection
A of this section shall not apply to inmates incarcerated in any
0"* "".$! "!.! "4-8
correctional facility which is not operated by or under contract with
the Oklahoma Department of Corrections.
C. The cost of any habeas corpus proceedings instituted by any
prisoner of any penal institution or community correction center
which is operated by or under contract with this state shall be paid
by the Department of Corrections out of any funds provided for the
support and maintenance of the institution of which the person
committing such crime, or instituting such habeas corpus proceedings,
is a prisoner, upon the filing of a verified and itemized claim from
the court clerk of the county where the proceedings were held.
D. The Department of Corrections shall pay a fee of Two Hundred
Dollars ($200.00) upon the filing of a criminal action pursuant to
the provisions of paragraph 1 or 2 of subsection A of this section,
and an additional fee of Three Hundred Dollars ($300.00) upon
acquittal or conviction of each such prisoner prosecuted, regardless
of the number of charges or counts which arise out of the same
incident. The fee shall be paid to the district court fund of the
county where the action arose. The fee shall be in lieu of any
expenses authorized by law for a criminal prosecution and chargeable
against the Department of Corrections. The fee shall be paid at the
conclusion of the prosecution and upon a proper invoice by the court
clerk to the Department. Failure to pay the cost shall not
constitute grounds for dismissal of the criminal action.
E. Nothing in this section shall prohibit the court from
ordering the costs and expenses of a criminal prosecution to be paid
by the inmate or restrict the court clerk from collecting such costs
and expenses from the inmate.
Added by Laws 1935, p. 20, § 1. Amended by Laws 1955, p. 201, § 1,
emerg. eff. June 2, 1955; Laws 1957, p. 169, § 1, emerg. eff. May 28,
1957; Laws 1961, p. 238, § 1, emerg. eff. May 15, 1961; Laws 1986, c.
314, § 7, operative July 1, 1986; Laws 1992, c. 319, § 2, eff. Sept.
1, 1992; Laws 2002, c. 159, § 1, emerg. eff. April 29, 2002.
§22-1278. Interpreters for deaf mutes - Appointment - Oath -
Compensation.
(a) In all criminal prosecutions, where the accused is a deaf
mute, he shall have all of the proceedings of the trial interpreted
to him in a language that he can understand by a qualified
interpreter appointed by the court from a list of names submitted by
the Oklahoma Association of the Deaf.
(b) In all cases where the mental condition of a person is being
considered and where such person may be committed to a mental
institution, and where such person is a deaf mute, all of the court
proceedings, pertaining to him, shall be interpreted to him in a
language that he understands by a qualified interpreter appointed by
the court.
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(c) Interpreters who shall be appointed under the terms of this
act shall be required to take an oath that they will make a true
interpretation to the person accused or being examined, which person
is a deaf mute, of all the proceedings of his case in a language that
he understands; and that he will repeat said deaf mute's answers to
questions to council, court, or jury, in the English language, in his
best skill and judgment.
(d) Interpreters appointed under the terms of this act shall be
paid for their services a sum to be determined by the court.
Laws 1957, p. 169, § 1.
§22-1291. Repealed by Laws 2010, c. 226, § 9, eff. Nov. 1, 2010.
§22-1292. Repealed by Laws 2010, c. 226, § 9, eff. Nov. 1, 2010.
§22-1293. Repealed by Laws 2010, c. 226, § 9, eff. Nov. 1, 2010.
§22-1294. Repealed by Laws 2010, c. 226, § 9, eff. Nov. 1, 2010.
§22-1301. Information against corporation - Summons.
Upon an information against a corporation, the magistrate may
issue a summons signed by him, with his name of office, requiring the
corporation to appear before him at a specified time and place to
answer the charge; the time to be not less than ten (10) days after
the issuing of the summons.
R.L.1910, § 6117.
§22-1302. Form of summons.
The summons must be in substantially the following form:
County of .................
IN THE NAME OF THE STATE OF OKLAHOMA
To the (naming the corporation):
You are hereby summoned to appear before me at (naming the
place), on (specifying the day and hour), to answer to the charge
made against you, upon the information of A. B., or the presentment
of the grand jury of the county of ........ for (designating the
offense generally.)
Dated at the city, or town, of ......... , the ...... day
of ........ 191......
G............. H..............
Justice of the peace (as the case may be.)
R.L.1910, § 6118.
§22-1303. Service of summons.
The summons must be served at least five (5) days before the day
of appearance fixed therein, by delivering a copy thereof and showing
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the original to the president, or other head of the corporation, or
to the secretary, cashier or managing agent thereof.
R.L.1910, § 6119.
§22-1304. Examination of charge.
At the time appointed in the summons, the magistrate must
investigate the charge in the same manner as in the case of a natural
person brought before him, so far as those proceedings are
applicable.
R.L.1910, § 6120.
§22-1305. Certificate of magistrate after hearing.
After hearing the proofs the magistrate must certify upon the
depositions, either that there is or is not sufficient cause to
believe the corporation guilty of the offense charged, and must
return the depositions and certificate in the same manner prescribed
in the last section of the article (Section 5692 on preliminary
examinations).
R.L.1910, § 6121.
§22-1306. Certificate of sufficient cause - Proceedings by grand
jury or district attorney.
If the magistrate return a certificate that there is sufficient
cause to believe the corporation guilty of the offense charged, the
grand jury or district attorney may proceed thereon, as in the case
of a natural person held to answer.
R.L.1910, § 6122.
§22-1307. Appearance and plea by corporation.
If an indictment or information be filed, the corporation may
appear by counsel to answer the same. If they do not thus appear, a
plea of not guilty must be entered, and the same proceedings had
thereon as in other cases.
R.L.1910, § 6123.
§22-1308. Conviction of corporation - Fine collected, how.
When a fine is imposed upon a corporation, on conviction it may
be collected, by virtue of the order imposing it, by the sheriff of
the county, out of their real and personal property, in the same
manner as upon an execution.
R.L.1910, § 6124.
§22-1321. Custody and return of stolen or embezzled property.
A. It is the intent of the Legislature that any stolen or
embezzled money or other property held in custody of a municipality,
county or the state in any criminal investigation, action or
0"* "".$! "!.! "4-
proceeding be returned to the proper person or its lawful owner
without unnecessary delay.
B. If the property coming into the custody of a municipal,
county or state peace officer is not alleged to have been stolen or
embezzled, the peace officer may return the property to the owner
upon satisfactory proof of ownership. The notice and hearing
provisions of this section shall not be required for return of the
property specified in this section if there is no dispute concerning
the ownership of the property. Within fifteen (15) days of the time
the owner of the property is known, the peace officer shall notify
the owner of the property that the property is in the custody of the
peace officer. The property shall be returned to the owner upon
request.
C. Except as otherwise provided for property that is pawned,
when money or property alleged to have been stolen or embezzled,
comes into the custody of a peace officer, the peace officer shall
hold it subject to the order of the magistrate authorized by Section
1322 of this title to direct the disposal thereof. Within fifteen
(15) days of the time the owner of the property is known, the peace
officer shall notify the owner of the property that the property is
in the custody of the peace officer. The peace officer shall make a
good faith effort to locate and notify the owner of the property. If
the peace officer has made a good faith effort to locate and notify
the owner of the property and has been unable to locate or notify the
owner, the peace officer shall release the property to the last
person in possession of the property within fifteen (15) days after
the peace officer determines that an owner cannot be located or
notified, provided that the person who last had possession of the
property shows proof that the person is a lawful possessor of the
property. Such officer may provide a copy of a nonownership
affidavit to the defendant to sign if the defendant is not claiming
ownership of the money or property taken from the defendant and if
the defendant has relinquished the right to remain silent. The
affidavit is not admissible in any proceeding to ascertain the guilt
or innocence of the defendant. A copy of this affidavit shall be
provided to the defendant, and a copy shall be filed by the peace
officer with the court clerk. Upon request, a copy of this affidavit
shall be provided to any person claiming ownership of such money or
property. The owner of the property or designated representative of
the owner may make application to the magistrate for the return of
the property. The application shall be on a form provided by the
Administrative Director of the Courts and made available through the
court clerk or the victim-witness coordinator. The court may charge
the applicant a reasonable fee to defray the cost of filing and
docketing the application. Once an application has been made and
notice provided, the magistrate shall docket the application for a
hearing as provided in this section. Where notice by publication is
0"* "".$! "!.! "4-
appropriate, the publication notice form shall be provided free of
charge to the applicant by the Administrative Director of the Courts
through the court clerk or the victim-witness coordinator with
instructions on how to obtain effective publication notice. The
applicant shall notify the last person in possession of the property
prior to the property being seized by the state of the hearing by
mailing a copy of the notice by certified mail return receipt
requested at the last-known address of the person, unless the person
has signed a nonownership affidavit pursuant to this section
disclaiming any ownership rights to the property. If the last person
in possession of the property is unable to be served notice by
certified mail, notice shall be provided by one publication in a
newspaper of general circulation in the county where the property is
held in custody. The applicant shall notify the district attorney
and the court when notice has been served to the last person in
possession of the property or published pursuant to this section.
The hearing shall be held not less than ten (10) days or more than
twenty (20) days after the court has been notified that the notice
has been served or published. For the sole purpose of conducting a
due process hearing to establish ownership of the property,
"magistrate" as used in this section shall mean a judge of the
district court, associate district judge, special judge or the judge
of a municipal criminal court of record when established pursuant to
Section 28-101 et seq. of Title 11 of the Oklahoma Statutes.
D. If the magistrate determines that the property is needed as
evidence, the magistrate shall determine ownership and determine the
procedure and time frame for future release. The magistrate may
order the release of property needed as evidence pursuant to Section
1327 of this title, provided however, the order may require the owner
to present the property at trial. The property shall be made
available to the owner within ten (10) days of the court order for
release. The magistrate may authorize ten (10) days additional time
for the return of the exhibit if the district attorney shows cause
that additional time is needed to photograph or mark the exhibit.
E. If the property is not needed as evidence, it may be released
by the magistrate to the owner or designated representative of the
owner upon satisfactory proof of ownership. The owner of the
property or designated representative of the owner may make
application to the magistrate for the return of the property. The
applicant shall notify the last person in possession of the property
prior to such property being seized by the state of the hearing by
mailing a copy of the notice by certified mail return receipt
requested at the last-known address of the person, unless the person
has signed a nonownership affidavit pursuant to this section
disclaiming any ownership rights to the property. If the last person
in possession of the property is unable to be served notice by
certified mail, notice shall be provided by one publication in a
0"* "".$! "!.! "4-+
newspaper of general circulation in the county where the property is
held in custody. The applicant shall notify the district attorney
and the court when notice has been served to the last person in
possession of the property or published pursuant to this section.
The hearing shall be held not less than ten (10) days or more than
twenty (20) days after the court has been notified that the notice
has been served or published.
F. The notice and hearing provisions of subsections C and E of
this section shall not be required for return of the property
specified in said subsections if:
1. There is no dispute concerning the ownership of the property;
2. The property is readily identifiable by the owner; and
3. The defendant has entered a plea of guilty or nolo contendere
to the criminal charge, has executed a nonownership affidavit as
provided by subsection C of this section or has been personally
notified that the property will be returned to the owner and has
failed to file an objection to such return within ten (10) days of
being notified. The owner shall provide satisfactory proof of title
to the property or sign an affidavit of ownership to be provided by
the peace officer. The affidavit is not admissible in any proceeding
to ascertain the guilt or innocence of the defendant. A copy of this
affidavit shall be filed by the officer with the court clerk. The
property shall then be returned to the owner.
G. When property alleged to have been stolen comes into the
custody of a peace officer and the property is deemed to be
perishable, the peace officer shall take such action as appropriate
to temporarily preserve the property. However, within seventy-two
(72) hours of the time the property was recovered, the receiving
agency shall make application for a disposition hearing before a
magistrate, and the receiving agency shall notify all persons known
to have an interest in the property of the date, time and place of
the hearing.
H. In any case, the magistrate may, for good cause shown, order
any evidence or exhibit to be retained pending the outcome of any
appeal.
I. Any time property comes into the custody of a municipality, a
county, or this state as a result of any contact with any peace
officer, criminal investigation or other situation where the return
of the property is prohibited by any municipal, state or federal law
or when the property has disputed ownership or multiple claimants,
the municipality, county or state shall advise the claimant to file
an application with the appropriate district court. Upon filing an
application for a hearing, the claimant shall provide notice to all
interested persons. At the hearing the court shall make a judicial
determination as to the proper and lawful release of the property.
0"* "".$! "!.! "4--
J. The application, notice and hearing provisions of subsection
I of this section shall include, but are not limited to, all
situations where the peace officer has reason to believe:
1. One of the persons asserting a right to the return of any
firearm or other weapon is or was mentally or emotionally unstable or
disturbed at the time the weapon was placed in custody or at the time
of the request for the return of the weapon;
2. One of the persons asserting a right to the return of a
firearm or other weapon is subject to a victim protection order that
would preclude the return of any weapon as a matter of law;
3. One of the persons asserting a right to the return of any
firearm or other weapon is under indictment or has been convicted of
a felony;
4. One of the persons asserting a right to the return of any
firearm or other weapon has a misdemeanor conviction for domestic
abuse as defined by law;
5. The ownership of the property is unclear due to multiple
claimants or disputes among heirs or next of kin for the property of
the deceased; or
6. The return of the property could subject the municipality,
the county, or this state to potential liability for its return.
R.L.1910, § 6127. Amended by Laws 1987, c. 174, § 3, operative July
1, 1987; Laws 1988, c. 178, § 1, eff. Nov. 1, 1988; Laws 1989, c.
348, § 18, eff. Nov. 1, 1989; Laws 1992, c. 83, § 1, eff. Sept. 1,
1992; Laws 1992, c. 280, § 1, eff. Sept. 1, 1992; Laws 1996, c. 161,
§ 3, eff. Nov. 1, 1996; Laws 2002, c. 443, § 1, eff. July 1, 2002.
§22-1322. Stolen property - Magistrate to order delivery, when.
On satisfactory proof of title to the property, the magistrate
before whom the information is laid, or who examines the charge
against the person accused of stealing or embezzling the property,
may order it to be delivered to the owner on his paying the
reasonable and necessary expenses incurred in its preservation, to be
certified by the magistrate. The order entitles the owner to demand
and receive the property. Such property shall be made available to
the owner within ten (10) days of the issuance of the order. The
court, however, may keep the property as evidence or on the issuance
of an order, require the owner to present such property at trial.
Amended by Laws 1988, c. 178, § 2, eff. Nov. 1, 1988.
§22-1323. Magistrate to deliver stolen property, when.
If the property stolen or embezzled come into the custody of a
magistrate, it must be delivered to the owner on satisfactory proof
of his title, and on his paying the necessary expenses incurred in
its preservation, to be certified by the magistrate.
R.L.1910, § 6129.
0"* "".$! "!.! "4-2
§22-1324. Trial court may deliver stolen property.
If property stolen or embezzled have not been delivered to the
owner, the court before which a trial is had for stealing or
embezzling it, may, on proof of his title, order it to be restored to
the owner.
R.L.1910, § 6130.
§22-1325. Unclaimed property or money in possession of sheriff's
office or campus police agency - Disposition - Procedure.
A. Any sheriff's office or campus police agency as authorized
under the Oklahoma Campus Security Act is authorized to dispose of by
public sale, destruction, donation, or transfer for use to a
governmental subdivision personal property which has come into its
possession, or deposit in a special fund, as hereafter provided, all
money or legal tender of the United States which has come into its
possession, whether the property or money be stolen, embezzled, lost,
abandoned or otherwise, the owner of the property or money being
unknown or not having claimed the same, and which the sheriff or
campus police agency has held for at least six (6) months, and such
property or money, or any part thereof, being no longer needed to be
held as evidence or otherwise used in connection with any litigation.
B. Where personal property held under the circumstances provided
in subsection A of this section is determined by the agency having
custody to be unsuitable for disposition by public sale due to its
condition or assessed by agency personnel as having limited or no
resale value, it may be destroyed, discarded as solid waste or
donated to a charitable organization designated by the U.S. Internal
Revenue Service as a 501(c)(3) nonprofit organization. Where
disposition by destruction, discard, or donation is made of personal
property, a report describing the property by category and quantity,
and indicating what disposition was made for each item or lot, shall
be submitted to the presiding judge of the district court within ten
(10) days following the disposition.
C. Where disposition by public sale is appropriate, the
sheriff's office or campus police agency shall file an application in
the district court of its county requesting the authority of the
court to dispose of such personal property, and shall attach to the
application a list describing the property, including all identifying
numbers and marks, if any, the date the property came into the
possession of the sheriff’s office or campus police agency and the
name and address of the owner, if known. The court shall set the
application for hearing not less than ten (10) days nor more than
twenty (20) days after filing.
D. Written notice shall be given by the sheriff's office or
campus police agency of the hearing to each and every owner known and
as set forth in the application by first-class mail, postage prepaid,
and directed to the last-known address of the owner at least ten (10)
0"* "".$! "!.! "4-5
days prior to the date of the hearing. The notice shall contain a
brief description of the property of the owner and the place and date
of the hearing. In addition, notice of the hearing shall be posted
in three public places in the county, one being the county courthouse
at the regular place assigned for the posting of legal notices or
shall be published in a newspaper authorized by law to publish legal
notices in the county in which the property is located. If no
newspaper authorized by law to publish legal notices is published in
such county, the notice shall be published in a newspaper of general
circulation which is published in an adjoining county. The notice
shall state the name of the owner being notified by publication and
shall be published at least ten (10) days prior to the date of the
hearing.
E. At the hearing, if no owner appears and establishes ownership
to the property, the court shall enter an order authorizing the
sheriff's office or campus police agency to donate property having a
value of less than Five Hundred Dollars ($500.00) to a not-for-profit
corporation as defined in Title 18 of the Oklahoma Statutes or to
sell the personal property to the highest bidder for cash, after at
least five (5) days of notice has been given by publication in one
issue of a legal newspaper of the county. The sheriff's office or
campus police agency shall make a return of the donation or sale and,
when confirmed by the court, the order confirming the donation or
sale shall vest in the recipient or purchaser title to the property
so donated or purchased.
F. A sheriff's office having in its possession money or legal
tender under the circumstances provided in subsection A of this
section, prior to appropriating the same for deposit into a special
fund, shall file an application in the district court of its county
requesting the court to enter an order authorizing it to so
appropriate the money for deposit in the special fund. The
application shall describe the money or legal tender, together with
serial numbers, if any, the date the same came into the possession of
the sheriff's office or campus police agency, and the name and
address of the owner, if known. Upon filing, the application, which
may be joined with an application as described in subsection C of
this section, shall be set for hearing not less than ten (10) days
nor more than twenty (20) days from the filing thereof, and notice of
the hearing shall be given as provided in subsection D of this
section. The notice shall state that, upon no one appearing to prove
ownership to the money or legal tender, the same will be ordered by
the court to be deposited in the special fund by the sheriff's office
or campus police agency. The notice may be combined with a notice to
sell personal property as set forth in subsection D of this section.
At the hearing, if no one appears to claim and prove ownership to the
money or legal tender, the court shall order the same to be deposited
0"* "".$! "!.! "4-7
by the sheriff's office or campus police agency in the special fund,
as provided in subsection H of this section.
G. Where a sheriff's office or campus police agency has in its
possession under the circumstances provided in subsection A of this
section, personal property deemed to have potential utility to that
sheriff's office, campus police agency or another governmental
subdivision, prior to appropriating the personal property for use,
the sheriff's office or campus police agency shall file an
application in the district court requesting the court to enter an
order authorizing it to so appropriate or transfer the property for
use. The application shall describe the property, together with
serial numbers, if any, the date the property came into the
possession of the sheriff's office or campus police agency and the
name and address of the owner, if known. Upon filing, the
application, which may be joined with an application as described in
subsection C of this section, shall be set for hearing not less than
ten (10) days nor more than twenty (20) days from the filing thereof.
Notice of the hearing shall be given as provided in subsection D of
this section. The notice shall state that, upon no one appearing to
prove ownership to the personal property, the property will be
ordered by the court to be delivered for use by the sheriff's office
or campus police agency or its authorizing institution or transferred
to another governmental subdivision for its use. The notice may be
combined with a notice to sell personal property as set forth in
subsection D of this section. At the hearing, if no one appears to
claim and prove ownership to the personal property, the court shall
order the property to be available for use by the sheriff's office or
campus police agency or delivered to an appropriate person for use by
the authorizing institution or another governmental subdivision.
H. The money received from the sale of personal property as
above provided, after payment of the court costs and other expenses,
if any, together with all money in possession of the sheriff's office
or campus police agency, which has been ordered by the court to be
deposited in the special fund, shall be deposited in such fund which
shall be separately maintained by the sheriff's office in a special
fund with the county treasurer or campus police agency to be expended
upon the approval of the sheriff or head of the campus police agency
for the purchase of equipment, materials or supplies that may be used
in crime prevention, education, training or programming. The fund or
any portion of it may be expended in paying the expenses of the
sheriff or any duly authorized deputy or employee of the campus
police agency to attend law enforcement or public safety training
courses which are conducted by the Oklahoma Council on Law
Enforcement Education and Training (CLEET) or other certified
trainers, providers, or agencies.
0"* "".$! "!.! "4-8
I. The disposition of biological evidence, as defined by Section
1372 of this title, shall be governed by the provisions set forth in
Section 1372 of this title.
R.L.1910, § 6131. Amended by Laws 1961, p. 329, § 1; Laws 1969, c.
227, § 1, emerg. eff. April 21, 1969; Laws 1973, c. 64, § 1, emerg.
eff. April 27, 1973; Laws 1979, c. 98, § 1; Laws 1995, c. 45, § 2,
eff. Nov. 1, 1995; Laws 1996, c. 199, § 3, eff. Nov. 1, 1996; Laws
2001, c. 52, § 2, eff. July 1, 2001; Laws 2009, c. 269, § 1, eff.
Nov. 1, 2009.
§22-1326. Receipts for property taken from defendant.
When money or other property is taken from a defendant arrested
upon a charge of public offense, the officer taking it must at the
time give duplicate receipts therefor, specifying particularly the
amount of money or the kind of property taken. One of which receipts
he must deliver to the defendant, and the other of which he must file
with the clerk of the court to which the depositions and statement
must be sent, as provided in the last section of the chapter on
preliminary examination, 6641.
R.L.1910, § 6132.
§22-1327. Disposition of exhibits.
A. All exhibits which have been introduced, filed, or held in
custody of the state in any criminal action or proceeding may be
disposed of as provided for in this section.
B. The court may, on application of the party entitled thereto,
or an agent designated in writing by the owner, order all such
exhibits, other than documentary exhibits, as may be released from
the custody of the court or the state, without prejudice to the
state, delivered to such party at any time after the final
determination of the action or proceedings; provided, however, where
the action or proceeding has resulted in an order granting probation,
such delivery may be made any time after the final determination of
an appeal of such order, or after the time for such appeal has
elapsed. Provided, further, if the owner of such exhibit is the
victim of the offense for which such exhibit is held, said owner may
make application to the court at any time prior to the final
disposition of the action or proceeding for the return of the
exhibit. The applicant shall notify the last person in possession of
such exhibit prior to such exhibit being seized by the state of the
hearing by mailing a copy of the notice by certified mail return
receipt requested at the last-known address of such person, unless
such person has signed a nonownership affidavit pursuant to Section
1321 of this title disclaiming any ownership rights to such exhibit.
If the last person in possession of the property is unable to be
served notice by said certified mail, notice shall be provided by one
publication in a newspaper of general circulation in the county where
0"* "".$! "!.! "4-9
the property is held in custody. The applicant shall notify the
district attorney and the court when notice has been served to the
last person in possession of such property or published pursuant to
this section. The hearing shall be held not less than ten (10) days
or more than twenty (20) days after the court has been notified that
the notice has been served or published. In the event the court
orders the release of said exhibit to the owner, the district
attorney shall photograph or mark said exhibit with an identification
number and return the exhibit to the owner within ten (10) days of
the court order. The court may authorize ten (10) days additional
time for the return of such exhibit if the district attorney shows
cause that additional time is needed to photograph or mark such
exhibit. Such photograph or marked exhibit may be presented as the
exhibit in any further action or proceeding. If the party entitled
to such exhibits is unknown, or fails to apply for the return of such
exhibits, the procedure for their disposition shall be as follows:
1. After the expiration of six (6) months from the time the
conviction becomes final, or if the action or proceeding has not
resulted in a conviction, at any time after the judgment has become
final, the court in which the case was tried shall make an order
specifying what exhibits may be released from the custody of the
court without prejudice to the state. Upon receipt of such an order,
the property shall be transferred to the county sheriff or other
proper governmental agency for sale to the public. At least ten (10)
days prior to such sale, notice of the sale shall be sent by
certified mail return receipt requested to the last person in
possession of such exhibit prior to such exhibit being seized by the
state at the last-known address of such person. Upon satisfactory
proof being provided to the county sheriff or other proper
governmental agency holding the transferred exhibit that the last
person in possession of such exhibit was a lawful possessor, the
exhibit shall be released to the last person in possession of such
exhibit;
2. At any time prior to the time fixed for the transfer, the
owner or any person entitled to the possession of any of such
exhibits may obtain from the court an order returning them to him;
3. Articles not returned to their owners or to persons entitled
to their possession at or prior to the time set for the transfer
shall be sold by the proper receiving agency for cash. The articles
shall be sold singly or in combinations. The money received from
such sales shall be placed in the appropriate fund of the
governmental agency responsible for the sale;
4. Where the exhibit consists of money or currency and is
unclaimed at the time of the transfer, it shall not be transferred
but shall be immediately deposited in the appropriate fund of the
governmental agency in possession of such property; and
0"* "".$! "!.! "4-+:
5. If any property is transferred to the county sheriff or other
governmental agency pursuant to this section it may be sold in the
manner provided by law for the sale of surplus personal property. If
the county sheriff or other proper governmental agency determines
that any such property transferred to it for sale is needed for a
public use, such property may be retained by the agency and need not
be sold.
C. The court may, on application of the party entitled thereto,
or an agent designated in writing by the owner, order such
documentary exhibits as may be released from the custody of the court
without prejudice to the state delivered to such party any time after
the final determination of the action or proceeding; provided,
however, where the action or proceeding has resulted in an order
granting probation, such delivery may be made any time after the
final determination of an appeal of such order, or after the time for
such appeal has elapsed. Provided, further, if the owner of such
exhibit is the victim of the offense for which such exhibit is held,
said owner may make application to the court at any time prior to the
final disposition of the action or proceeding for the return of the
exhibit. The applicant shall notify the last person in possession of
such exhibit prior to such exhibit being seized by the state of the
hearing by mailing a copy of the notice by certified mail return
receipt requested at the last-known address of such person, unless
such person has signed a nonownership affidavit pursuant to Section
1321 of this title disclaiming any ownership rights to such exhibit.
If the last person in possession of the property is unable to be
served notice by said certified mail, notice shall be provided by one
publication in a newspaper of general circulation in the county where
the property is held in custody. The applicant shall notify the
district attorney and the court when notice has been served to the
last person in possession of such property or published pursuant to
this section. The hearing shall be held not less than ten (10) days
or more than twenty (20) days after the court has been notified that
the notice has been served or published. In the event the court
orders the release of said exhibit to the owner, the district
attorney shall photograph or mark said exhibit with an identification
number and return the exhibit to the owner within ten (10) days of
the court order. The court may authorize ten (10) days additional
time for the return of such exhibit if the district attorney shows
cause that additional time is needed to photograph or mark such
exhibit. Such photograph or marked exhibit may be presented as the
exhibit in any further action or proceeding. If the party entitled
to such documentary exhibits is unknown, or fails to apply for the
return of said exhibits, the procedure for their disposition shall be
as follows:
1. After the expiration of six (6) months from the time the
conviction becomes final, or if the action or proceeding has not
0"* "".$! "!.! "4-+
resulted in a conviction, at any time after the judgment has become
final, the court in which the case was tried shall make an order
requiring such exhibits to be destroyed; provided, that no such order
shall be made authorizing the destruction of any documentary exhibit
if the destruction of such exhibit would prejudice the state;
2. No exhibit shall be destroyed or otherwise disposed of until
sixty (60) days after the clerk of the court has posted a notice
conspicuously in three public places in the county, referring to the
order for the disposition, describing briefly the exhibit, and
indicating the date after which the exhibit will be destroyed or
otherwise disposed of.
D. The provisions of subsection B of this section shall not
apply to any dangerous or deadly weapons, narcotic or poisonous
drugs, explosives, or any property of any kind or character
whatsoever the possession of which is prohibited by law. Any such
property filed as an exhibit or held by the state shall be, by order
of the trial court, destroyed or sold or otherwise disposed of under
the conditions prescribed in such order. This act shall not be
interpreted to authorize the return of any property, the possession
of which is prohibited by law.
E. The disposition of biological evidence, as defined by Section
1 of this act, shall be governed by Section 1 of this act.
Added by Laws 1976, c. 141, § 1, eff. Oct. 1, 1976. Amended by Laws
1983, c. 294, § 3, eff. Nov. 1, 1983; Laws 1985, c. 94, § 1, eff.
Nov. 1, 1985; Laws 1988, c. 178, § 3, eff. Nov. 1, 1988; Laws 1992,
c. 280, § 2, eff. Sept. 1, 1992; Laws 2001, c. 52, § 3, eff. July 1,
2001.
§22-1331. Reward for arrest of horse thief.
If any person shall arrest or directly and immediately cause the
arrest of any person guilty of stealing a horse or mule within this
state, and shall secure the indictment and conviction of such person
in a court of competent jurisdiction, or shall deliver said person so
arrested to a court having jurisdiction of said charge, and if the
court, or any one to whom the person arrested shall be sent for
trial, shall permit said person to give bond, with security, for his
further appearance in court, and said bond shall be forfeited and
collected, the person so securing the conviction or the delivery
shall be entitled to a reward of Fifty Dollars ($50.00) therefor.
R.L. 1910, Sec. 6136.
§22-1333. Clerk's fees.
The clerk furnishing such transcript shall be allowed the same
fees for same as he is allowed by law for similar services, which
shall be paid by the person entitled thereto.
R.L.1910, § 6138.
0"* "".$! "!.! "4-+
§22-1334. Littering upon highways or dumping trash on public or
private property - Rewards - Claims.
A. The boards of county commissioners of counties and the
governing bodies of municipalities may offer and pay a reward, from
funds set aside for that purpose, in an amount not to exceed fifty
percent (50%) of the fine imposed, for the arrest and conviction or
for evidence leading to the arrest and conviction of any person who
violates the provisions of Sections 1753.3 or 1761.1 of Title 21 of
the Oklahoma Statutes.
B. The board of county commissioners or the governing body of
the municipality may create and maintain a reward fund in the county
or municipal treasury which shall be a revolving fund not subject to
fiscal year limitations, from which to pay the rewards provided for
in subsection A of this section, and to offset the cost of any
special enforcement programs originated by any law enforcement agency
responsible for the arrest or prosecution of any person who violates
the provisions of Sections 1753.3 or 1761.1 of Title 21 of the
Oklahoma Statutes. These costs may include, but not be limited to,
the posting of signs along the state’s highways advising motorists of
the fines for littering or illegal dumping.
C. The board of county commissioners may provide for the
publication, advertisement and countywide distribution to the public
of information as to the reward program specified by this section.
D. Claims for rewards shall be on forms provided by the county
or municipality and shall be submitted to the prosecuting attorney of
the county or municipality no later than thirty (30) days after
sentencing of the defendant. The prosecuting attorney shall
investigate the validity of the claim and make a nonbinding written
recommendation to the board of county commissioners or governing body
of the municipality.
E. All claims relating to a conviction shall be considered
together at the next regular meeting of the board of county
commissioners or governing body of the municipality following receipt
of the prosecuting attorney's report.
F. In determining the amount of the reward, the board of county
commissioners or the governing body of the municipality shall have
sole discretion to honor or deny the claim, but shall consider:
1. The severity of the offense;
2. The size of the fine imposed;
3. The number of persons claiming a reward and the degree to
which each claimant was responsible for the arrest or conviction;
4. The burden, if any, incurred by the claimant including cost
to appear at trial; and
5. Other factors which the board or governing body deems
appropriate.
0"* "".$! "!.! "4-++
G. No reward shall be authorized and no debt shall accrue to the
county or municipality upon the depletion of the reward fund
authorized by this section.
H. The reward authorized by this section shall be in lieu of any
other county or municipal reward.
I. Full-time peace officers of this state or of any county or
municipality within this state shall not be eligible for the reward
provided by this section.
J. All courts assessing and receiving reward funds as required
by Sections 1753.3 and 1761.1 of Title 21 of the Oklahoma Statutes
shall provide appropriate transfer of the reward funds to the proper
county or municipal reward fund as prescribed by the provisions of
this section.
Added by Laws 1988, c. 115, § 2, eff. Nov. 1, 1988. Amended by Laws
1994, c. 338, § 3, emerg. eff. June 8, 1994; Laws 1996, c. 299, § 3,
emerg. eff. June 10, 1996; Laws 1999, c. 364, § 2, eff. July 1, 1999.
§22-1341. Definitions.
As used in this section:
(1) "Merchant", means any corporation, partnership, association
or person who is engaged in the business of selling goods, wares and
merchandise in a mercantile establishment;
(2) "Mercantile establishment", means any mercantile place of
business in, at, or from which goods, wares and merchandise are sold,
offered for sale or delivered from and sold at retail or wholesale;
(3) "Merchandise", means all goods, wares and merchandise offered
for sale or displayed by a merchant;
(4) "Wrongful taking", includes stealing of merchandise or money
and any other wrongful appropriation of merchandise or money.
Laws 1957, p. 165, § 1; Laws 1967, c. 223, § 1, emerg. eff. May 2,
1967.
§22-1342. Peace officers - Arrest without warrant.
Any peace officer may arrest without warrant any person he has
probable cause for believing has committed larceny of merchandise
held for sale in retail or wholesale establishments, when such arrest
is made in a reasonable manner.
Laws 1957, p. 165, § 2.
§22-1343. Detention of suspect - Purposes.
Any merchant, his agent or employee, who has reasonable grounds
or probable cause to believe that a person has committed or is
committing a wrongful taking of merchandise or money from a
mercantile establishment, may detain such person in a reasonable
manner for a reasonable length of time for all or any of the
following purposes:
0"* "".$! "!.! "4-+-
(a) Conducting an investigation, including reasonable
interrogation of the detained person, as to whether there has been a
wrongful taking of such merchandise or money;
(b) Informing the police or other law enforcement officials of
the facts relevant to such detention;
(c) Performing a reasonable search of the detained person and his
belongings when it appears that the merchandise or money may
otherwise be lost; and
(d) Recovering the merchandise or money believed to have been
taken wrongfully. Any such reasonable detention shall not constitute
an unlawful arrest or detention, nor shall it render the merchant,
his agent or employee criminally or civilly liable to the person so
detained.
Laws 1967, c. 223, § 2, emerg. eff. May 2, 1967.
§22-1344. Concealing unpurchased merchandise - Presumption.
Any person concealing unpurchased merchandise of any mercantile
establishment, either on the premises or outside the premises of such
establishment, shall be presumed to have so concealed such
merchandise with the intention of committing a wrongful taking of
such merchandise within the meaning of Section 1341 of this title,
and such concealment or the finding of such unpurchased merchandise
concealed upon the person or among the belongings of such person
shall be conclusive evidence of reasonable grounds and probable cause
for the detention in a reasonable manner and for a reasonable length
of time, of such person by a merchant, his agent or employee, and any
such reasonable detention shall not be deemed to be unlawful, nor
render such merchant, his agent or employee criminally or civilly
liable.
Laws 1967, c. 223, § 3, emerg. eff. May 2, 1967.
§22-1345. Citation.
This act may be known and cited as the "Interstate Agreement on
Detainers Act".
Laws 1977, c. 109, § 1, eff. Oct. 1, 1977.
§22-1346. Appropriate court - Definition.
As used in this act, "appropriate court", with respect to the
United States, means the courts of the United States and, with
respect to this state, the courts of Oklahoma in which inictments,
informations or complaints for which disposition is sought are
pending.
Laws 1977, c. 109, § 2, eff. Oct. 1, 1977.
§22-1347. Interstate Agreement on Detainers.
0"* "".$! "!.! "4-+2
The Interstate Agreement on Detainers is hereby enacted into law
and entered into by this state with all jurisdictions legally joining
in substantially the following form:
"The contracting states solemnly agree that:
Article I
The party states find that charges outstanding against a
prisoner, detainers based on untried indictments, informations or
complaints and difficulties in securing speedy trial of persons
already incarcerated in other jurisdictions, produce uncertainties
which obstruct programs of prisoner treatment and rehabilitation.
Accordingly, it is the policy of the party states and the purpose of
this agreement to encourage the expeditious and orderly disposition
of such charges and determination of the proper status of any and all
detainers based on untried indictments, informations or complaints.
The party states also find that proceedings with reference to such
charges and detainers, when emanating from another jurisdiction,
cannot properly be had in the absence of cooperative procedures. It
is the further purpose of this agreement to provide such cooperative
procedures.
Article II
As used in this agreement:
(a) "State" shall mean a state of the United States; the United
States of America; a territory or possession of the United States;
the District of Columbia; the Commonwealth of Puerto Rico.
(b) "Sending state" shall mean a state in which a prisoner is
incarcerated at the time that he initiates a request for final
disposition pursuant to Article III hereof or at the time that a
request for custody or availability is initiated pursuant to Article
IV hereof.
(c) "Receiving state" shall mean the state in which trial is to
be had on an indictment, information or complaint pursuant to Article
III or Article IV hereof.
Article III
(a) Whenever a person has entered upon a term of imprisonment in
a penal or correctional institution of a party state, and whenever
during the continuance of the term of imprisonment there is pending
in any other party state any untried indictment, information or
complaint on the basis of which a detainer has been lodged against
the prisoner, he shall be brought to trial within one hundred eighty
(180) days after he shall have caused to be delivered to the
prosecuting officer and the appropriate court of the prosecuting
officer's jurisdiction written notice of the place of his
imprisonment and his request for final disposition to be made of the
indictment, information or complaint; provided, that, for good cause
shown in open court, the prisoner or his counsel being present, the
court having jurisdiction of the matter may grant any necessary or
reasonable continuance. The request of the prisoner shall be
0"* "".$! "!.! "4-+5
accompanied by a certificate of the appropriate official having
custody of the prisoner, stating the term of commitment under which
the prisoner is being held, the time already served, the time
remaining to be served on the sentence, the amount of good time
earned, the time of parole eligibility of the prisoner and any
decision of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition
referred to in paragraph (a) hereof shall be given or sent by the
prisoner to the warden, commissioner of corrections or any other
official having custody of him, who shall promptly forward it
together with the certificate to the appropriate prosecuting official
and court by registered or certified mail, return receipt requested.
(c) The warden, commissioner of corrections or other official
having custody of the prisoner shall promptly inform him of the
source and contents of any detainer lodged against him and shall also
inform him of his right to make a request for final disposition of
the indictment, information or complaint on which the detainer is
based.
(d) Any request for final disposition made by a prisoner
pursuant to paragraph (a) hereof shall operate as a request for final
disposition of all untried indictments, informations or complaints on
the basis of which detainers have been lodged against the prisoner
from the state to whose prosecuting official the request for final
disposition is specifically directed. The warden, commissioner of
corrections or other official having custody of the prisoner shall
forthwith notify all appropriate prosecuting officers and courts in
the several jurisdictions within the state to which the prisoner's
request for final disposition is being sent of the proceeding being
initiated by the prisoner. Any notification sent pursuant to this
paragraph shall be accompanied by copies of the prisoner's written
notice, request and the certificate. If trial is not had on any
indictment, information or complaint contemplated hereby prior to the
return of the prisoner to the original place of imprisonment, such
indictment, information or complaint shall not be of any further
force or effect, and the court shall enter an order dismissing the
same with prejudice.
(e) Any request for final disposition made by a prisoner
pursuant to paragraph (a) hereof shall also be deemed to be a waiver
of extradition with respect to any charge or proceeding contemplated
thereby or included therein by reason of paragraph (d) hereof, and a
waiver of extradition to the receiving state to serve any sentence
there imposed upon him, after completion of his term of imprisonment
in the sending state. The request for final disposition shall also
constitute a consent by the prisoner to the production of his body in
any court where his presence may be required in order to effectuate
the purposes of this agreement and a further consent voluntarily to
be returned to the original place of imprisonment in accordance with
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the provisions of this agreement. Nothing in this paragraph shall
prevent the imposition of a concurrent sentence if otherwise
permitted by law.
(f) Escape from custody by the prisoner subsequent to his
execution of the request for final disposition referred to in
paragraph (a) hereof shall void the request.
Article IV
(a) The appropriate officer of the jurisdiction in which an
untried indictment, information or complaint is pending shall be
entitled to have a prisoner against whom he has lodged a detainer and
who is serving a term of imprisonment in any party state made
available in accordance with Article V (a) hereof upon presentation
of a written request for temporary custody or availability to the
appropriate authorities of the state in which the prisoner is
incarcerated; provided, that the court having jurisdiction of such
indictment, information or complaint shall have duly approved,
recorded and transmitted the request; and provided further, that
there shall be a period of thirty (30) days after receipt by the
appropriate authorities before the request be honored, within which
period the Governor of the sending state may disapprove the request
for temporary custody or availability, either upon his own motion or
upon motion of the prisoner.
(b) Upon request of the officer's written request as provided in
paragraph (a) hereof, the appropriate authorities having the prisoner
in custody shall furnish the officer with a certificate stating the
term of commitment under which the prisoner is being held, the time
already served, the time remaining to be served on the sentence, the
amount of good time earned, the time of parole eligibility of the
prisoner and any decisions of the state parole agency relating to the
prisoner. Said authorities simultaneously shall furnish all other
officers and appropriate courts in the receiving state who has lodged
detainers against the prisoner with similar certificates and with
notices informing them of the request for custody or availability and
of the reasons therefor.
(c) In respect of any proceeding made possible by this article,
trial shall be commenced within one hundred twenty (120) days of the
arrival of the prisoner in the receiving state, but for good cause
shown in open court, the prisoner or his counsel being present, the
court having jurisdiction of the matter may grant any necessary or
reasonable continuance.
(d) Nothing contained in this article shall be construed to
deprive any prisoner of any right which he may have to contest the
legality of his delivery as provided in paragraph (a) hereof, but
such delivery may not be opposed or denied on the ground that the
executive authority of the sending state has not affirmatively
consented to or ordered such delivery.
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(e) If trial is not had on any indictment, information or
complaint contemplated hereby prior to the prisoner's being returned
to the original place of imprisonment pursuant to Article V (e)
hereof, such indictment, information or complaint shall not be of any
further force or effect, and the court shall enter an order
dismissing the same with prejudice.
Article V
(a) In response to a request made under Article III or Article
IV hereof, the appropriate authority in a sending state shall offer
to deliver temporary custody of such prisoner to the appropriate
authority in the state where such indictment, information or
complaint is pending against such person in order that speedy and
efficient prosecution may be had. If the request for final
disposition is made by the prisoner, the offer of temporary custody
shall accompany the written notice provided for in Article III of
this agreement. In the case of a federal prisoner, the appropriate
authority in the receiving state shall be entitled to temporary
custody as provided by this agreement or to the prisoner's presence
in federal custody at the place of trial, whichever custodial
arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an
offer of temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act
for the state into whose temporary custody this prisoner is to be
given.
(2) A duly certified copy of the indictment, information or
complaint on the basis of which the detainer has been lodged and on
the basis of which the request for temporary custody of the prisoner
has been made.
(c) If the appropriate authority shall refuse or fail to accept
temporary custody of said person, or in the event that an action on
the indictment, information or complaint on the basis of which the
detainer has been lodged is not brought to trial within the period
provided in Article III or Article IV hereof, the appropriate court
of the jurisdiction where the indictment, information or complaint
has been pending shall enter an order dismissing the same with
prejudice, and any detainer based thereon shall cease to be of any
force or effect.
(d) The temporary custody referred to in this agreement shall be
only for the purpose of permitting prosecution on the charge or
charges contained in one or more untried indictments, informations or
complaints which form the basis of the detainer or detainers or for
prosecution on any other charge or charges arising out of the same
transaction. Except for his attendance at court and while being
transported to or from any place at which his presence may be
required, the prisoner shall be held in a suitable jail or other
facility regularly used for persons awaiting prosecution.
0"* "".$! "!.! "4-+9
(e) At the earliest practicable time consonant with the purposes
of this agreement, the prisoner shall be returned to the sending
state.
(f) During the continuance of temporary custody or while the
prisoner is otherwise being made available for trial as required by
this agreement, time being served on the sentence shall continue to
run but good time shall be earned by the prisoner only if, and to the
extent that, the law and practice of the jurisdiction which imposed
the sentence may allow.
(g) For all purposes other than that for which temporary custody
as provided in this agreement is exercised, the prisoner shall be
deemed to remain in the custody of and subject to the jurisdiction of
the sending state and any escape from temporary custody may be dealt
with in the same manner as an escape from the original place of
imprisonment or in any other manner permitted by law.
(h) From the time that a party state receives custody of a
prisoner pursuant to this agreement until such prisoner is returned
to the territory and custody of the sending state, the state in which
the one or more untried indictments, informations or complaints are
pending or in which trial is being had shall be responsible for the
prisoner and shall also pay all costs of transporting, caring for,
keeping and returning the prisoner. The provisions of this paragraph
shall govern unless the states concerned shall have entered into a
supplementary agreement providing for a different allocation of costs
and responsibilities as between or among themselves. Nothing herein
contained shall be construed to alter or affect any internal
relationship among the departments, agencies and officers of and in
the government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities
therefor.
Article VI
(a) In determining the duration and expiration dates of the time
periods provided in Articles III and IV of this agreement, the
running of said time periods shall be tolled whenever and for as long
as the prisoner is unable to stand trial, as determined by the court
having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available
by this agreement shall apply to any person who is adjudged to be
mentally ill.
Article VII
Each state party to this agreement shall designate an officer
who, acting jointly with like officers of other party states, shall
promulgate rules and regulations to carry out more effectively the
terms and provisions of this agreement, and who shall provide, within
and without the state, information necessary to the effective
operation of this agreement.
Article VIII
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This agreement shall enter into full force and effect as to a
party state when such state has enacted the same into law. A state
party to this agreement may withdraw herefrom by enacting a statute
repealing the same. However, the withdrawal of any state shall not
affect the status of any proceedings already initiated by inmates or
by the state officers at the time such withdrawal takes effect, nor
shall it affect their rights in respect thereof.
Article IX
This agreement shall be liberally construed so as to effectuate
its purposes. The provisions of this agreement shall be severable
and if any phrase, clause, sentence or provision of this agreement is
declared to be contrary to the constitution of any party state or of
the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the
remainder of this agreement and the applicability thereof to any
government, agency, person or circumstance shall not be affected
thereby. If this agreement shall be held contrary to the
constitution of any state party hereto, the agreement shall remain in
full force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters."
Added by Laws 1977, c. 109, § 3, eff. Oct. 1, 1977.
§22-1348. Enforcement of agreement.
All courts, departments, agencies, officers and employees of the
United States and of the State of Oklahoma are hereby directed to
enforce the agreement on detainers and to cooperate with one another
and with all party states in enforcing the agreement and effectuating
its purpose.
Laws 1977, c. 109, § 4, eff. Oct. 1, 1977.
§22-1349. Central administrator and information agent.
The Governor shall designate an appropriate state officer or
employee to serve as central administrator of and information agent
for the agreement on detainers.
Laws 1977, c. 109, § 5, eff. Oct. 1, 1977.
§22-1355. Short title - Creation of System.
A. Sections 1355 through 1369 of this title shall be known and
may be cited as the "Indigent Defense Act".
B. The Oklahoma Indigent Defense System is hereby created, to
provide counsel in cases, as provided in the Indigent Defense Act, in
which the defendant is indigent and unable to employ counsel.
C. Unless otherwise provided, the provisions of the Indigent
Defense Act shall not be applicable in counties subject to the
provisions of Section 138.1a of Title 19 of the Oklahoma Statutes.
Added by Laws 1981, c. 207, § 1, emerg. eff. May 26, 1981. Amended
by Laws 1988, c. 253, § 3, operative July 1, 1988; Laws 1991, c. 238,
0"* "".$! "!.! "4--
§ 1, eff. July 1, 1991; Laws 1992, c. 303, § 1, eff. July 1, 1992;
Laws 1996, c. 301, § 3, eff. July 1, 1996; Laws 2001, c. 210, § 1,
eff. July 1, 2001.
§22-1355.1. Oklahoma Indigent Defense System Board.
There is hereby created the Oklahoma Indigent Defense System
Board. The Board shall govern the Oklahoma Indigent Defense System.
The Board shall be composed of five (5) members appointed for five-
year terms by the Governor with the advice and consent of the Senate.
At least three members shall be attorneys licensed to practice law in
the State of Oklahoma who have experience through the practice of law
in the defense of persons accused of crimes. The Governor shall
designate one Board member to serve as chair. No congressional
district shall be represented by more than one member on the Board.
However, when congressional districts are redrawn each member
appointed prior to July 1 of the year in which such modification
becomes effective shall complete the current term of office and
appointments made after July 1 of the year in which such modification
becomes effective shall be based on the redrawn districts.
Appointments made after July 1 of the year in which such modification
becomes effective shall be from any redrawn districts which are not
represented by a board member until such time as each of the modified
congressional districts are represented by a board member. No
appointments may be made after July 1 of the year in which such
modification becomes effective if such appointment would result in
more than two members serving from the same modified district. No
county shall be represented by more than one member. The Board shall
meet at least every other month upon the call of the chair. Board
members shall serve without compensation, but shall be reimbursed for
their necessary travel expenses as provided by the State Travel
Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma
Statutes. The terms of office for the initial appointees to the
Board shall be as follows:
1. The term for Position One shall expire on July 1, 1989;
2. The term for Position Two shall expire on July 1, 1990;
3. The term for Position Three shall expire on July 1, 1991;
4. The term for Position Four shall expire on July 1, 1992; and
5. The term for Position Five shall expire on July 1, 1993.
A Board member shall be eligible for reappointment and shall continue
in office until his successor has been appointed, qualified and
confirmed by the Senate.
Added by Laws 1988, c. 253, § 4, operative July 1, 1988. Amended by
Laws 1991, c. 238, § 2, eff. July 1, 1991; Laws 1992, c. 303, § 2,
eff. July 1, 1992; Laws 1994, c. 328, § 1, eff. July 1, 1994; Laws
1998, c. 201, § 1, emerg. eff. May 11, 1998; Laws 2001, c. 210, § 2,
eff. July 1, 2001; Laws 2002, c. 375, § 4, eff. Nov. 5, 2002.
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§22-1355.2. Definitions.
A. As used in the Indigent Defense Act:
1. "Board" means the Oklahoma Indigent Defense System Board;
2. "Executive Director" means the chief executive officer of the
Oklahoma Indigent Defense System; and
3. "System" means the Oklahoma Indigent Defense System.
B. As used in the Oklahoma Statutes, references to "public
defender" shall mean a county indigent defender for a county subject
to the provisions of Section 138.1a of Title 19 of the Oklahoma
Statutes, an attorney who represents indigents pursuant to a contract
with the System or who agrees to accept assignments of cases from the
System to represent indigents, or an attorney employed by the System.
Added by Laws 1991, c. 238, § 3, eff. July 1, 1991. Amended by Laws
1992, c. 303, § 3, eff. July 1, 1992; Laws 2001, c. 210, § 3, eff.
July 1, 2001.
§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
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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.
§22-1355.4. Executive Director.
A. The chief executive officer of the Oklahoma Indigent Defense
System shall be the Executive Director, who shall be appointed by the
Board and serve at the pleasure of the Board. The Executive Director
shall be an attorney who has practiced law for at least four (4)
years preceding the appointment and who is licensed to practice law
in this state or is eligible to become so licensed within one (1)
year of the appointment. The Executive Director shall have
experience in the representation of persons accused or convicted of
crimes.
B. The Executive Director shall perform administrative functions
which serve the Board.
C. The Executive Director shall have the following powers and
duties:
1. To prepare and administer an annual budget approved by the
Board and to process claims for the System;
2. To enter into contracts to provide counsel in cases in which
the defendant is indigent and unable to employ counsel, to enter into
contracts with individuals, educational institutions, or state or
federal agencies for other purposes, and to approve or disapprove the
provisions of any such contract;
3. To review and approve or disapprove claims for expenditures
of monies;
4. To take such actions as shall strengthen the criminal justice
system in this state;
5. To promote the education and training of all attorneys
representing indigent criminal defendants including, subject to
available funding, nationally recognized defense seminars and
evidence-based practices regarding behavioral health and treatment of
defendants with substance abuse or mental health needs;
6. To maintain and improve effective representation for the
indigent criminal defendant;
7. To employ personnel as necessary to carry out the duties
imposed upon the System by law and to set the salaries of such
personnel, subject to the salary schedules adopted by the Board;
8. To solicit and maintain a current list of attorneys licensed
to practice law in this state who are willing to accept case
assignments from the System and who meet any other qualifications as
set by the Board;
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9. To solicit and maintain a separate list of persons eligible
for appointment to capital cases, who meet the qualifications set by
the System;
10. To establish reasonable hourly rates of compensation for
attorneys appointed in accordance with the Indigent Defense Act,
subject to approval by the Board;
11. To establish maximum caseloads for attorneys employed by the
System, subject to approval by the Board;
12. To reduce caseloads through reassignment of cases to private
attorneys, as necessary;
13. To approve the sharing of office space, equipment, or
personnel among the separate indigent defense programs within the
System;
14. To prepare and submit to the Board an annual report for the
preceding fiscal year regarding the efforts of the System to
implement the purposes of the Indigent Defense Act, and to file that
report with 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;
15. To conduct regional or statewide conferences and training
seminars for the purpose of implementing the provisions of the
Indigent Defense Act;
16. To provide System personnel who serve in an advisory
capacity to the indigent defenders and defense attorneys who
represent indigents pursuant to contract or who agree to accept cases
assigned by the System to represent indigents of this state;
17. To gather and disseminate information to indigent defenders,
including, but not limited to, changes in the law;
18. To recommend additional legislation necessary to upgrade the
Oklahoma Indigent Defense System or to improve the justice system;
and
19. To operate a cost-effective system by:
a. implementing procedures to track System expenditures to
show costs by case and client and to track time and
expenses by attorney if the attorney is employed by the
System,
b. adopting written policies regarding when employees are
to be in travel status and making efforts to reduce
travel costs, and
c. reviewing assignment of indigency status to identify
clients who have available resources, and collecting
costs of representation when feasible.
D. 1. The Executive Director is hereby authorized to develop,
establish, and maintain lists of approved contractors who have agreed
to provide expert services to the System. The lists shall include
any expert who desires to furnish services to the System and who has
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filed a schedule of fees for services with, and on a form approved
by, the Executive Director. Any deviation in excess of the published
schedule of fees shall require the prior written approval of the
Executive Director. Any attorney appointed or assigned cases in
accordance with the Indigent Defense Act may request expert services
from the list of experts maintained by the Executive Director. The
Executive Director or designee may, in said person's sole discretion,
approve requests for expert services; provided, however, that nothing
contained in the Indigent Defense Act shall be construed to render
the Executive Director a member of the defense team in any System
client's case for strategic purposes.
2. Attorneys appointed or assigned cases in accordance with the
Indigent Defense Act may request investigative or other nonexpert
witness services from the Executive Director on a form provided by
the Executive Director. The Executive Director or designee may, in
said person's sole discretion, approve requests for such services at
a reasonable hourly rate of compensation; provided, however, that
nothing contained in the Indigent Defense Act shall be construed to
render the Executive Director a member of the defense team in any
System client's case for strategic purposes.
3. Services obtained under this section may be obtained as sole
source contracts and are specifically exempt from the requirements of
soliciting no less than three quotations found in paragraph 7 of
subsection A of Section 85.45j of Title 74 of the Oklahoma Statutes.
E. Each individual performing the services provided for in
subsection D of this section may, with the approval of the Executive
Director, be reimbursed for necessary travel expenses up to the
amount permitted by the State Travel Reimbursement Act.
F. Requests for expenses not included in subsections D and E of
this section shall require preapproval by the Executive Director.
Added by Laws 1991, c. 238, § 5, eff. July 1, 1991. Amended by Laws
1992, c. 303, § 5, eff. July 1, 1992; Laws 1994, c. 328, § 3, eff.
July 1, 1994; Laws 1996, c. 301, § 4, eff. July 1, 1996; Laws 1997,
c. 326, § 1, eff. Nov. 1, 1997; Laws 1999, c. 197, § 1, emerg. eff.
May 24, 1999; Laws 2001, c. 210, § 5, eff. July 1, 2001; Laws 2017,
c. 351, § 4, eff. Nov. 1, 2017.
§22-1355.5. Repealed by Laws 1992, c. 303, § 31, eff. July 1, 1992.
§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
0"* "".$! "!.! "4--5
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.
§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.
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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.
§22-1355.8. Award of contracts - Compensation - Appointment of
attorneys for indigents not entitled to representation by the System.
A. In addition to the methods of providing counsel set out in
subsections C and D of Section 1355.6 of this title, the Board shall
have the authority to award contracts to provide noncapital trial
representation to indigent criminal defendants and indigent juveniles
in cases for which the System must provide representation, including,
but not limited to, renewing any existing contract or contracts for
the next fiscal year or soliciting new offers to contract, whichever
the Board determines to be in the best interests of the state, the
System and the clients represented by the System. Any such contract
shall be awarded at such time as the Board may deem necessary.
B. For those counties in which a prior fiscal year contract is
not renewed for the succeeding fiscal year or in which the Board
elects to solicit new offers to contract, the Executive Director
shall cause notice to be published in the Oklahoma Bar Journal that
offers to contract will be accepted to provide indigent noncapital
trial services. The notice required by this subsection shall include
the following:
1. The date, time and place where offers to contract will be
opened;
2. The qualifications required of those desiring to make an
offer to contract;
3. The period covered by the contract; and
4. A general description of the services required.
C. Only members in good standing of the Oklahoma Bar Association
shall be eligible to submit offers to contract pursuant to this
section. In addition, all offers to contract must be accompanied by
a written statement of the manner in which representation shall be
made available as needed.
D. 1. The Board shall accept the best offer or offers, as
determined by the Board, from a qualified attorney or attorneys. In
determining whether an offer is the best offer, the Board shall take
into consideration, among other factors, the following:
a. whether the attorney or attorneys submitting the offer
maintain an office within that county,
b. whether any such office is the attorney's primary
office,
0"* "".$! "!.! "4--8
c. whether the attorney or attorneys submitting the offer
have been awarded a contract in another county,
d. whether sufficient attorneys are included in the offer
to competently address the number of cases to be
covered under the contract, and
e. the accessibility of the attorney or attorneys to the
clients to be served if the Board awards a contract on
the basis of the offer.
2. The System shall maintain an original of each offer to
contract.
3. Every contract awarded pursuant to the provisions of this
subsection which is signed by more than one attorney shall provide
that every attorney signing such contract shall be jointly and
severally liable for the full performance of all services to be
delivered pursuant to such contract.
4. Every contract awarded pursuant to the provisions of this
subsection shall provide that every attorney who will be performing
services pursuant to the contract shall carry professional liability
insurance in an amount satisfactory to the Board. No contract shall
be effective until proof of such insurance is provided to the System.
5. In the event that only one qualified offer is received, the
Board may accept the offer, make one or more counteroffers,
readvertise or provide representation as otherwise authorized by the
Indigent Defense Act. In the event that more than one qualified
offer is received for a county or counties, the Board may accept one
or more of the offers, make one or more counteroffers to one or more
of the offers received, readvertise if the Board determines that
awarding a contract or contracts on the offers received would not be
in the best interest of the System or the clients represented by the
System, or provide representation as otherwise authorized by the
Indigent Defense Act. For purposes of discussing negotiating
strategies in connection with making one or more counteroffers to one
or more offers received, the Board may hold one or more executive
sessions as necessary; provided, that any vote or action on offers
received and counteroffers made, if any, shall be taken in public
meeting with the vote of each member publicly cast and recorded.
6. In the event that no qualified offers to contract are
received, the Board may readvertise or direct the Executive Director
to assign cases from the relevant counties to private attorneys
selected from a list of qualified attorneys who have agreed to accept
assignments of such cases, who have provided proof of professional
liability insurance coverage, and who meet the qualifications
established by the System for such assignments. Compensation for
such attorneys shall be as provided in subsection F of this section.
7. In the event that no qualified offers are received, and in
lieu of assigning cases to private attorneys whose names are on a
list of qualified attorneys pursuant to paragraph 6 of this
0"* "".$! "!.! "4--9
subsection, the Board may, pursuant to subsection D of Section 1355.6
or Section 1355.9 of this title, provide for representation for
indigent criminal defendants and indigent juveniles by attorneys
employed by the System.
8. In no event shall an attorney, who has not voluntarily agreed
to provide representation to indigent criminal defendants and
indigent juveniles, be appointed to represent an indigent person.
E. If a fiscal year contract is terminated before the end of the
fiscal year, the Executive Director shall not be required to solicit
offers to contract, but may instead award one or more replacement
contracts for the affected county or counties to a qualified attorney
or attorneys to represent persons in cases for which the System is
obligated to provide counsel, provided that such replacement contract
or contracts shall not be renewable for the next fiscal year.
F. 1. Except as provided in paragraph 3 of this subsection,
total compensation for a case which is not covered by a fiscal year
noncapital trial contract awarded or renewed pursuant to subsection A
of this section shall not exceed Eight Hundred Dollars ($800.00) in
the following cases:
a. juvenile delinquency proceedings, adult certification
proceedings, reverse certification proceedings and
appeals, youthful offender proceedings, and any other
proceedings and appeals, pursuant to the Oklahoma
Juvenile Code in which the System is required to
provide representation pursuant to subsection A of
Section 1355.6 of this title,
b. traffic cases punishable by incarceration, and
c. misdemeanor cases.
2. Except as provided in paragraph 3 of this subsection, total
compensation for a case which is not covered by a fiscal year
noncapital trial contract awarded pursuant to this section shall not
exceed Three Thousand Five Hundred Dollars ($3,500.00) in felony
cases.
3. The maximum statutory fees established in this subsection may
be exceeded only upon a determination made by the Executive Director
and approved by the Board that the case is an exceptional one which
requires an extraordinary amount of time to litigate, and that the
request for extraordinary attorney fees is reasonable.
G. 1. Attorneys paid for indigent defense pursuant to a fiscal
year noncapital trial contract awarded or renewed pursuant to this
section shall be paid an annual fee in twelve monthly installments
each equaling seven and one-half percent (7.5%) of the total value of
the contract, or as otherwise provided by contract.
2. Attorneys paid for indigent defense pursuant to paragraph 1
of this subsection shall receive the balance of ten percent (10%) of
the total value of the contract upon completion of all felony and
misdemeanor matters covered by the contract. A matter is completed
0"* "".$! "!.! "4-2:
for purposes of this paragraph when no additional services are
required under the contract. The Board, upon recommendation of the
Executive Director, may, however, authorize partial payments on a
quarterly basis of the amount retained as reasonable compensation for
those matters which were completed during the prior quarter. The
system may transfer the amount retained from the total value of the
contract pursuant to this subsection to the Contract Retention
Revolving Fund created by Section 1369 of this title.
H. To receive payment in a case assigned pursuant to subsection
C of Section 1355.6 of this title, an attorney must submit a claim in
accordance with the provisions of the Indigent Defense Act.
I. Attorneys providing services pursuant to a contract with the
System, shall provide periodic status reports on all such cases, as
often as deemed necessary by the System.
J. Any attorney providing services pursuant to a contract with
the System shall continue to provide representation at the trial
level in each case assigned to the attorney during the contract
period until the trial court ceases to retain jurisdiction; provided,
the court shall allow an attorney to withdraw from a case only after
the attorney has made proper application to withdraw from the case
and the application has been approved by the Executive Director.
K. In all cases in which legal representation by the Oklahoma
Indigent Defense System is not authorized by other provisions of the
Indigent Defense Act and in which indigents are entitled to legal
representation by the Constitution and laws of this state, the court
shall appoint legal representation, from a list of qualified
volunteer attorneys who provide proof of professional liability
insurance coverage, and direct to be paid from the local court fund a
reasonable and just compensation not to exceed Eight Hundred Dollars
($800.00) to the attorney or attorneys for services as they may
render. The compensation limit may be exceeded if the court finds
that the case required an extraordinary amount of time to litigate.
Added by Laws 1991, c. 238, § 9, eff. July 1, 1992. Amended by Laws
1992, c. 303, § 8, eff. July 1, 1992; Laws 1992, c. 357, § 8, eff.
July 1, 1992; Laws 1993, c. 298, § 7, eff. July 1, 1993; Laws 1994,
c. 328, § 5, eff. July 1, 1994; Laws 1996, c. 301, § 6, eff. June 1,
1996; Laws 1997, c. 326, § 4, eff. Nov. 1, 1997; Laws 1998, c. 201, §
2, emerg. eff. May 11, 1998; Laws 2001, c. 210, § 9, eff. July 1,
2001.
§22-1355.9. Main office and satellite offices.
The Board shall establish one main office and as many satellite
offices as necessary for the proper representation of the System's
clients.
Added by Laws 1991, c. 238, § 10, eff. July 1, 1992. Amended by Laws
1992, c. 303, § 9, eff. July 1, 1992; Laws 2001, c. 210, § 10, eff.
July 1, 2001.
0"* "".$! "!.! "4-2
§22-1355.10. Repealed by Laws 1992, c. 303, § 31, eff. July 1, 1992.
§22-1355.11. Repealed by Laws 1992, c. 303, § 31, eff. July 1, 1992.
§22-1355.12. Repealed by Laws 1992, c. 303, § 31, eff. July 1, 1992.
§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 ($5,000.00) per case.
B. The maximum statutory fee established in this section may be
exceeded only upon a determination made by the Executive Director and
approved by the Board that the case is an exceptional one which
requires an extraordinary amount of time to litigate, and that the
request for extraordinary attorney fees is reasonable.
Added by Laws 1991, c. 238, § 14, eff. July 1, 1991. Amended by Laws
1992, c. 303, § 10, eff. July 1, 1992; Laws 1992, c. 357, § 6, eff.
July 1, 1992; Laws 1998, c. 201, § 3, emerg. eff. May 11, 1998; Laws
2001, c. 210, § 11, eff. July 1, 2001.
§22-1355.13A. Death penalty cases - Compensation of attorneys
appointed prior to July 1, 1991.
In any case wherein a defendant was subject to the death penalty
and counsel was appointed and assigned, prior to July 1, 1991, to
represent such defendant in the case because the defendant had no
means and was unable to employ counsel, the court shall allow and
direct to be paid from the Supreme Court Revolving Fund, unless
otherwise provided by law, reasonable and just compensation to the
counsel so assigned for such services as counsel may render, to
include expert and investigative services, as approved by the Chief
Justice of the Supreme Court. This section shall not apply to cases
assigned for trial to the Indigent Defense System.
In any case subject to the provisions of this section, wherein
the case is reversed and remanded for new trial on appeal, the case
shall be assigned pursuant to the Indigent Defense Act, Section
0"* "".$! "!.! "4-2
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.
§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
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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.
§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.
§22-1355A. Application for representation by the System.
A. When an indigent requests representation by the Oklahoma
Indigent Defense System, such person shall submit an appropriate
application to the court clerk, which shall state that the
application is signed under oath and under the penalty of perjury and
that a false statement may be prosecuted as such. The application
shall state whether or not the indigent has been released on bond.
In addition, if the indigent has been released on bond, the
application shall include a written statement from the applicant that
the applicant has contacted three named attorneys, licensed to
practice law in this state, and the applicant has been unable to
obtain legal counsel. A nonrefundable application fee of Forty
Dollars ($40.00) shall be paid to the court clerk at the time the
application is submitted, and no application shall be accepted
without payment of the fee; except that the court may, based upon the
financial information submitted, defer all or part of the fee if the
court determines that the person does not have the financial
resources to pay the fee at time of application, to attach as a court
fee upon conviction. Any fees collected pursuant to this subsection
shall be retained by the court clerk, deposited in the Court Clerk's
0"* "".$! "!.! "4-2-
Revolving Fund, and reported quarterly to the Administrative Office
of the Courts.
B. 1. The Court of Criminal Appeals shall promulgate rules
governing the determination of indigency pursuant to the provisions
of Section 55 of Title 20 of the Oklahoma Statutes. The initial
determination of indigency shall be made by the Chief Judge of the
Judicial District or a designee thereof, based on the defendant's
application and the rules provided herein.
2. Upon promulgation of the rules required by law, the
determination of indigency shall be subject to review by the
Presiding Judge of the Judicial Administrative District. Until such
rules become effective, the determination of indigency shall be
subject to review by the Court of Criminal Appeals.
C. Before the court appoints the System based on the
application, the court shall advise the indigent or, if applicable, a
parent or legal guardian, that the application is signed under oath
and under the penalty of perjury and that a false statement may be
prosecuted as such. A copy of the application shall be sent to the
prosecuting attorney or the Office of the Attorney General, whichever
is appropriate, for review. Upon request by any party including, but
not limited to, the attorney appointed to represent the indigent, the
court shall hold a hearing on the issue of eligibility for
appointment of the System.
D. If the defendant is admitted to bail and the defendant or
another person on behalf of the defendant posts a bond, other than by
personal recognizance, the court may consider such fact in
determining the eligibility of the defendant for appointment of the
System; provided, however, such consideration shall not be the sole
factor in the determination of eligibility.
E. The System shall be prohibited from accepting an appointment
unless a completed application for court-appointed counsel as
provided by Form 13.3 of Section XIII of the Rules of the Court of
Criminal Appeals, 22 O.S. 2001, Ch. 18, App., has been filed of
record in the case.
Added by Laws 2001, c. 210, § 6, eff. July 1, 2001. Amended by Laws
2002, c. 193, § 1, emerg. eff. May 6, 2002; Laws 2018, c. 194, § 3,
eff. Nov. 1, 2018.
§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
0"* "".$! "!.! "4-22
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.
§22-1357. Repealed by Laws 1992, c. 303, § 31, eff. July 1, 1992.
§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.
0"* "".$! "!.! "4-25
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.
§22-1359. Renumbered as § 138.9 of Title 19 by Laws 1992, c. 303, §
32, eff. July 1, 1992.
§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.
§22-1361. Repealed by Laws 1992, c. 303, § 31, eff. July 1, 1992.
§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
0"* "".$! "!.! "4-27
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.
§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.
§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.
0"* "".$! "!.! "4-28
§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.
§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.
§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.
§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.
§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
0"* "".$! "!.! "4-29
"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.
§22-1370. Repealed by Laws 2001, c. 210, § 19, eff. July 1, 2001.
§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.
§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.
§22-1371.1. DNA Forensic Testing Program purpose - Authority of the
Oklahoma Indigent Defense System - Claim priority.
A. A DNA Forensic Testing Program shall be created within the
Oklahoma Indigent Defense System to investigate, screen, and present
to the appropriate prosecutorial agency claims that scientific
evidence will demonstrate indigent persons convicted of, and
presently incarcerated on, any felony offense upon which the testing
0"* "".$! "!.! "4-5:
is sought are factually innocent. Factual innocence requires the
defendant to establish by clear and convincing evidence that no
reasonable jury would have found the defendant guilty beyond a
reasonable doubt in light of the new evidence. The System’s services
shall be available only upon the submission of an affidavit of
indigency to the System signed by an incarcerated person convicted of
a felony and upon a preliminary determination by the System that the
claim has a reasonable basis in fact. Determinations of indigency
shall be made at the sole discretion of the System based on rules for
determining indigency promulgated by the Court of Criminal Appeals
pursuant to the Indigent Defense Act. Determinations of
reasonableness and acceptance of cases for which DNA testing will be
performed shall be within the sole discretion of the System and shall
not be subject to judicial review.
B. The System shall employ such attorneys, investigators, and
other employees as may be necessary to process and present claims of
factual innocence to the appropriate prosecuting agency in an
efficient manner.
C. The System shall give priority to claims based on certain
factors, including but not limited to:
1. The opportunity for conclusive or near conclusive proof that
the person is factually innocent by reason of scientific evidence;
and
2. A lengthy sentence of imprisonment or a death sentence.
D. The System is authorized to investigate cases and arrange for
the forensic testing of evidence to determine whether evidence of
factual innocence exists. Samples must be of sufficient quantity to
allow testing by both the prosecution and the defense. Neither the
prosecution nor defense shall consume the entire sample in testing in
the absence of a court order allowing the sample to be entirely
consumed in testing. The System shall request the Oklahoma State
Bureau of Investigation or the city in which the offense upon which
the testing is sought was committed to perform the testing. The
Bureau or the city may decline for any reason at their discretion in
writing within thirty (30) days of receipt of the request. In those
cases where the Bureau or city declines or fails to respond within
thirty (30) days, or cannot perform the testing within a reasonable
time, the System may request the professional services of experts
under contract with the System as necessary for testing and
presentation of such claims to the appropriate prosecuting agency.
E. All municipal, county and state forensic laboratories shall
provide copies to the System of laboratory examination reports
regarding cases accepted for investigation by the DNA Forensic
Testing Program administered by the Oklahoma Indigent Defense System.
The reports shall be confidential and not subject to the Oklahoma
Open Records Act. The reports shall be used only for investigating,
0"* "".$! "!.! "4-5
screening, and presenting claims pursuant to the provisions of the
DNA Forensic Testing Act.
F. Nothing in the DNA Forensic Testing Act shall require any
person other than an incarcerate to provide a sample from their body
for purposes of testing.
Added by Laws 2000, c. 276, § 2, eff. July 1, 2000. Amended by Laws
2004, c. 123, § 2, emerg. eff. April 19, 2004.
§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.
§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
0"* "".$! "!.! "4-5
3. No other provision of law requires that such biological
evidence be preserved.
Added by Laws 2001, c. 52, § 1, eff. July 1, 2001.
§22-1373. Short title - Postconviction DNA Act.
This act shall be known and may be cited as the "Postconviction
DNA Act".
Added by Laws 2013, c. 317, § 1, eff. Nov. 1, 2013.
§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.
§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;
0"* "".$! "!.! "4-5+
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.
§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.
§22-1373.4. Hearing - Testing.
A. After the motion requesting forensic DNA testing and
subsequent response have been filed, the sentencing court shall hold
a hearing to determine whether DNA forensic testing will be ordered.
A court shall order DNA testing only if the court finds:
0"* "".$! "!.! "4-5-
1. A reasonable probability that the petitioner would not have
been convicted if favorable results had been obtained through DNA
testing at the time of the original prosecution;
2. The request for DNA testing is made to demonstrate the
innocence of the convicted person and is not made to unreasonably
delay the execution of the sentence or the administration of justice;
3. One or more of the items of evidence the convicted person
seeks to have tested still exists;
4. The evidence to be tested was secured in relation to the
challenged conviction and either was not previously subject to DNA
testing or, if previously tested for DNA, the evidence can be
subjected to additional DNA testing that will provide a reasonable
likelihood of more probative results; and
5. The chain of custody of the evidence to be tested is
sufficient to establish that the evidence has not been substituted,
tampered with, replaced or altered in any material respect or, if the
chain of custody does not establish the integrity of the evidence,
the testing itself has the potential to establish the integrity of
the evidence. For purposes of this act, evidence that has been in
the custody of law enforcement, other government officials or a
public or private hospital shall be presumed to satisfy the chain-of-
custody requirement of this subsection absent specific evidence of
material tampering, replacement or alteration.
B. If at the close of the hearing the court orders DNA forensic
testing to be conducted, the court by written order shall require the
attorney representing the state to effect the transfer of the item or
items of evidence to be tested along with any documents, logs or
reports relating to the items of evidence collected in connection
with the criminal case to the designated laboratory or laboratories
within thirty (30) days of the order. In addition, the court shall
require the attorney representing the state to assist the petitioner
in locating any evidence the state contends was lost, destroyed or in
the possession of any other governmental entity, public or private
hospital, laboratory or other facility.
C. If the attorney representing the state or the petitioner
previously conducted any DNA analysis or other biological-evidence
testing without the knowledge of the other party, such testing shall
be revealed in the motion requesting forensic DNA testing or
response.
D. The court may order DNA testing to be performed by the
Oklahoma State Bureau of Investigation (OSBI), an accredited
laboratory operating under contract with the OSBI or another
accredited laboratory, as defined in Section 150.37 of Title 74 of
the Oklahoma Statutes. If the OSBI or an accredited laboratory under
contract with the OSBI conducts the testing, the state shall bear the
costs of the testing. If another laboratory conducts the testing
because neither the OSBI nor an accredited laboratory under contract
0"* "".$! "!.! "4-52
with the OSBI has the ability or the resources to conduct the type of
DNA testing to be performed, or if an accredited laboratory that is
neither the OSBI nor under contract with the OSBI is chosen for some
other reason, then the court shall require the petitioner to pay for
the testing.
E. The results of any postconviction DNA testing conducted under
the provisions of this act, including any laboratory reports prepared
in connection with the testing, the underlying data or other
laboratory documents, shall be disclosed to the petitioner, the
attorney for the state and the court.
F. If an accredited laboratory other than the OSBI or one under
contract with the OSBI performs the DNA testing, the court shall
impose reasonable conditions on the testing of the evidence to
protect the interests of the parties in the integrity of the evidence
and testing process and to preserve the evidence to the greatest
extent possible.
Added by Laws 2013, c. 317, § 5, eff. Nov. 1, 2013.
§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:
0"* "".$! "!.! "4-55
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.
§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.
§22-1373.7. Appeals.
An appeal under the provisions of the Postconviction DNA Act may
be taken in the same manner as any other appeal.
Added by Laws 2013, c. 317, § 8, eff. Nov. 1, 2013.
§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.
§22-1402. Definitions.
As used in the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act:
1. "Beneficial interest" includes:
a. the interest of a person as a beneficiary pursuant to a
trust, in which the trustee holds legal title to
personal or real property, or
b. the interest of a person as a beneficiary pursuant to
any other arrangement under which any other person
holds legal title to personal or real property for the
benefit of such person.
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The term beneficial interest does not include the interest of a
stockholder in a corporation or the interest of a partner in either a
general or limited partnership;
2. "Enterprise" includes any individual, sole proprietorship,
partnership, corporation, trust, governmental entity, or other legal
entity, or any union, association, unincorporated association or
group of persons, associated in fact although not a legal entity,
involved in any lawful or unlawful project or undertaking or any
foreign organization that the United States Secretary of State has
designated a foreign terrorist organization pursuant to Title 8
U.S.C.A., Section 1189;
3. "Innocent party" includes bona fide purchasers and victims;
4. "Lien notice" means the notice pursuant to the provisions of
Section 1412 of this title;
5. "Pattern of racketeering activity" means two or more
occasions of conduct:
a. that include each of the following:
(1) constitute racketeering activity,
(2) are related to the affairs of the enterprise,
(3) are not isolated, and
(4) are not so closely related to each other and
connected in point of time and place that they
constitute a single event, and
b. where each of the following is present:
(1) at least one of the occasions of conduct occurred
after November 1, 1988,
(2) the last of the occasions of conduct occurred
within three (3) years, excluding any period of
imprisonment served by any person engaging in the
conduct, of a prior occasion of conduct, and
(3) for the purposes of Section 1403 of this title
each of the occasions of conduct constituted a
felony pursuant to the laws of this state;
6. "Pecuniary value" means:
a. anything of value in the form of money, a negotiable
instrument, or a commercial interest, or anything else,
the primary significance of which is economic
advantage, or
b. any other property or service that has a value in
excess of One Hundred Dollars ($100.00);
7. "Person" means any individual or entity holding or capable of
holding a legal or beneficial interest in property;
8. "Personal property" includes any personal property, or any
interest in such personal property, or any right, including bank
accounts, debts, corporate stocks, patents or copyrights. Personal
property and beneficial interest in personal property shall be deemed
0"* "".$! "!.! "4-58
to be located where the trustee, the personal property, or the
instrument evidencing the right is located;
9. "Principal" means a person who engages in conduct
constituting a violation of the Oklahoma Racketeer-Influenced and
Corrupt Organizations Act or who is legally accountable for the
conduct of another who engages in a violation of the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act;
10. "Racketeering activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any conduct which is
chargeable or indictable as constituting a felony violation of one or
more of the following provisions of the Oklahoma Statutes, regardless
of whether such act is in fact charged or indicted:
a. relating to homicide pursuant to the provisions of
Section 651, 652, 653, 701.7, 701.8, 701.16, 711 or 716
of Title 21 of the Oklahoma Statutes or relating to
concealment of homicidal death pursuant to the
provisions of Section 543 of Title 21 of the Oklahoma
Statutes,
b. relating to kidnapping pursuant to the provisions of
Section 741, 745, 891 or 1119 of Title 21 of the
Oklahoma Statutes,
c. relating to sex offenses pursuant to the provisions of
Section 886, 888, 1021, 1021.2, 1021.4, 1024.2, 1111,
1111.1, 1114 or 1123 of Title 21 of the Oklahoma
Statutes,
d. relating to bodily harm pursuant to the provisions of
Section 645, 650, 650.2, 1289.16, 1302, 1303 or 1767.1
of Title 21 of the Oklahoma Statutes,
e. relating to theft, where the offense constitutes a
felony, pursuant to the provisions of Section 1704,
1707, 1708, 1709, 1710, 1711, 1713, 1716, 1719, 1720,
1721, 1722, 1723 or 1731 of Title 21 of the Oklahoma
Statutes,
f. relating to forgery pursuant to the provisions of
Section 1561, 1562, 1571, 1572, 1574, 1575, 1577, 1578,
1579, 1580, 1581, 1582, 1583, 1584, 1585, 1586, 1587,
1588, 1589, 1590, 1591 or 1593 of Title 21 of the
Oklahoma Statutes,
g. relating to robbery pursuant to the provisions of
Section 797, 800 or 801 of Title 21 of the Oklahoma
Statutes,
h. relating to burglary pursuant to the provisions of
Section 1431, 1435 or 1437 of Title 21 of the Oklahoma
Statutes,
0"* "".$! "!.! "4-59
i. relating to arson pursuant to the provisions of Section
1368, 1401, 1402, 1403 or 1404 of Title 21 of the
Oklahoma Statutes,
j. relating to use or possession of a firearm or other
offensive weapon while committing or attempting to
commit a felony pursuant to the provisions of Section
1287, 1289.20 or 1289.21 of Title 21 of the Oklahoma
Statutes,
k. relating to gambling pursuant to the provisions of
Section 941, 942, 944, 945, 946, 948, 954, 956, 957,
969, 970, 971, 981, 982, 983, 984, 985, 986, 987, 991
or 992 of Title 21 of the Oklahoma Statutes,
l. relating to bribery in contests pursuant to the
provisions of Section 399 or 400 of Title 21 of the
Oklahoma Statutes,
m. relating to interference with public officers pursuant
to the provisions of Section 434, 436, 437, 438, 439,
440, 441, 443, 444, 521, 522, 532, 540, 543, 545 or 546
of Title 21 of the Oklahoma Statutes,
n. relating to interference with judicial procedure
pursuant to the provisions of Section 388, 453, 455,
456, 491, 496 or 504 of Title 21 of the Oklahoma
Statutes,
o. relating to official misconduct pursuant to the
provisions of Section 380, 381, 382, 383, 384, 385,
386, 389, 390, 950 or 976 of Title 21 of the Oklahoma
Statutes, or Section 3404 of Title 74 of the Oklahoma
Statutes,
p. relating to the Uniform Controlled Dangerous Substances
Act, where the offense constitutes a felony, pursuant
to the provisions of Section 2-101 et seq. of Title 63
of the Oklahoma Statutes,
q. relating to automobile theft pursuant to the provisions
of Section 4-102, 4-103, 4-107, 4-108, 4-109 or 4-110
of Title 47 of the Oklahoma Statutes,
r. relating to embezzlement pursuant to the provisions of
Section 1412 of Title 6 of the Oklahoma Statutes,
Section 641 of Title 19 of the Oklahoma Statutes,
Section 341, 531 or 1451 of Title 21 of the Oklahoma
Statutes, Section 163.4 of Title 37 of the Oklahoma
Statutes, Section 1025 of Title 64 of the Oklahoma
Statutes or Section 1361 of Title 68 of the Oklahoma
Statutes,
s. relating to extortion, where the offense constitutes a
felony, pursuant to the provisions of Section 1304,
1481, 1482, 1485, 1486 or 1488 of Title 21 of the
Oklahoma Statutes,
0"* "".$! "!.! "4-7:
t. relating to fraud, where the offense constitutes a
felony, pursuant to the provisions of Section 208.6,
208.7 or 208.8 of Title 3A of the Oklahoma Statutes,
Section 753 of Title 15 of the Oklahoma Statutes,
Section 552.14a of Title 18 of the Oklahoma Statutes,
Section 358, 1411, 1412, 1413, 1414, 1415, 1416, 1503,
1521, 1541.1, 1541.2, 1541.3, 1542, 1543, 1544, 1550.2,
1550.22, 1550.23, 1550.24, 1550.25, 1550.26, 1550.27,
1550.28, 1550.29, 1550.30, 1550.31, 1550.32, 1632, 1635
or 1662 of Title 21 of the Oklahoma Statutes, Section
243 of Title 56 of the Oklahoma Statutes, or Section
604 of Title 62 of the Oklahoma Statutes,
u. relating to conspiracy, where the offense constitutes a
felony, pursuant to the provisions of Section 421, 422
or 424 of Title 21 of the Oklahoma Statutes,
v. relating to prostitution, pornography or obscenity
pursuant to the provisions of Section 1021, 1040.52,
1081, 1085, 1086, 1087 or 1088 of Title 21 of the
Oklahoma Statutes,
w. relating to the Oklahoma Alcoholic Beverage Control
Act, where the offense constitutes a felony, pursuant
to the provisions of Section 506.1 et seq. of Title 37
of the Oklahoma Statutes,
x. relating to the Oklahoma Uniform Securities Act of
2004, where the offense constitutes a felony, pursuant
to the provisions of Sections 1-101 through 1-701 of
Title 71 of the Oklahoma Statutes,
y. relating to human trafficking or trafficking in
children pursuant to the provisions of Section 748, 866
or 867 of Title 21 of the Oklahoma Statutes,
z. relating to illegal aliens pursuant to the provisions
of Section 446 of Title 21 of the Oklahoma Statutes,
aa. relating to organized voter fraud pursuant to the
provisions of Section 16-102, 16-102.1, 16-102.2, 16-
103, 16-103.l, 16-104, 16-105, 16-106, 16-113, 16-120
or 16-123.1 of Title 26 of the Oklahoma Statutes,
bb. relating to terrorism and terrorist activities pursuant
to the provisions of the Sabotage Prevention Act or the
Oklahoma Antiterrorism Act,
cc. relating to exploitation of elderly persons or disabled
adults pursuant to the provisions of Section 843.4 of
Title 21 of the Oklahoma Statutes,
dd. relating to computer crimes pursuant to the provisions
of Sections 1953 and 1958 of Title 21 of the Oklahoma
Statutes,
0"* "".$! "!.! "4-7
ee. relating to unlawful proceeds pursuant to the
provisions of Section 2001 of Title 21 of the Oklahoma
Statutes,
ff. relating to insurance fraud pursuant to the provisions
of Section 311.1 of Title 36 of the Oklahoma Statutes,
or
gg. relating to workers' compensation fraud pursuant to the
provisions of Section 1663 of Title 21 of the Oklahoma
Statutes.
In addition, "racketeering activity" may be proven by proof of
engaging in, attempting to engage in, conspiring to engage in, or
soliciting, coercing, or intimidating another person to engage in any
of the above described conduct within another state, regardless of
whether said conduct is chargeable or indictable in that state;
11. "Real property" means any real property or any interest in
real property, including any lease of, or mortgage upon real
property. Real property and beneficial interest in real property
shall be deemed to be located where the real property is located;
12. "Trustee" includes trustees, a corporate as well as a
natural person and a successor or substitute trustee in accordance
with the Oklahoma Trust Act; and
13. "Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is unenforceable in
the courts of Oklahoma, because the debt was incurred or contracted
in violation of a law relating to the business of gambling activity
or in violation of federal or state law but does not include any debt
owed to a bank, savings and loan association, credit union or
supervised lender licensed by the Oklahoma Administrator of Consumer
Credit or to any debt referred or assigned to a debt collection
agency, which referral or assignment is accepted in good faith by the
debt collection agency as a debt collectible under the Uniform
Commercial Code or other laws of this state and enforceable in the
courts of this state.
Added by Laws 1988, c. 131, § 2, eff. Nov. 1, 1988. Amended by Laws
1989, c. 348, § 19, eff. Nov. 1, 1989; Laws 1993, c. 156, § 2, emerg.
eff. May 7, 1993; Laws 2010, c. 456, § 5, eff. Nov. 1, 2010; Laws
2013, c. 234, § 1, eff. Nov. 1, 2013.
§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
0"* "".$! "!.! "4-7
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.
§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
0"* "".$! "!.! "4-7+
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.
§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:
0"* "".$! "!.! "4-7-
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.
§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.
0"* "".$! "!.! "4-72
§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.
§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.
§22-1409. Civil proceedings.
A. 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 may institute civil proceedings against any
person in an appropriate district court seeking relief from conduct
constituting a violation of any provisions of Section 1403 of the
Oklahoma Racketeer-Influenced and Corrupt Organizations Act with the
right to a trial by jury at the request of either party. If the
plaintiff in such a proceeding proves the alleged violation by a
preponderance of the evidence, the district court, after making due
provisions for the rights of innocent parties, may grant relief by
entering any appropriate order of judgment, including:
1. Ordering any defendant to divest himself of any interest in
any enterprise or any real property;
2. Imposing reasonable restrictions upon the future activities
or investments of any defendant, including prohibiting any defendant
from engaging in the same type of endeavor as the enterprise in which
the defendant was engaged in violation of Section 1403 of the
Oklahoma Racketeer-Influenced and Corrupt Organizations Act;
3. Ordering the dissolution or reorganization of any enterprise;
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4. Ordering the suspension or revocation of a license, permit,
or prior approval granted to any enterprise by an agency of the
state; or
5. Ordering the surrender of the charter of a corporation
organized pursuant to the laws of the state or the revocation of a
certificate authorizing a foreign corporation to conduct business
within the state.
In a proceeding initiated pursuant to the provisions of this
section, injunctive relief shall be granted in conformity with the
principles that govern the granting of relief from injury or
threatened injury in other cases, but no showing of special or
irreparable injury shall be required. Pending final determination of
a proceeding initiated pursuant to the provisions of this section, a
temporary restraining order or a preliminary injunction may be issued
upon a showing of immediate danger of significant injury, including
the possibility that any judgment for money damages might be
difficult to execute, and, in a proceeding initiated by an aggrieved
person, upon the execution of a bond in the amount of ten percent
(10%) of the value of the property against injury for an injunction
improvidently granted. If the district court issues an injunction or
grants other relief pursuant to the provisions of this section, the
plaintiff shall also recover costs, including reasonable attorney
fees and costs of investigation and litigation reasonably incurred.
B. The civil penalty imposed pursuant to this section shall not
exceed One Hundred Thousand Dollars ($100,000.00), with no offset for
the value of any property criminally forfeited or any fine imposed
pursuant to the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act. This amount shall be applied to the costs and
expenses of investigation and prosecution, and the balance, if any,
shall be paid pursuant to the provisions of the Oklahoma Racketeer-
Influenced and Corrupt Organizations Act.
C. Upon the filing of a civil action pursuant to the provisions
of subsection A or B of this section, a district attorney shall
immediately notify the Attorney General of its filing. Upon timely
application, the Attorney General may intervene as a party in any
civil action or proceeding brought pursuant to subsection A or B of
this section if the Attorney General certifies that the action or
proceeding is of general public importance.
D. A final judgment or decree rendered against the defendant in
any civil or criminal proceeding pursuant to the provisions of the
Oklahoma Racketeer-Influenced and Corrupt Organizations Act, shall
estop the defendant in any subsequent civil action or proceeding
brought by any person as to all matters as to which the judgment or
decree would be an estoppel as between the parties to a civil or
criminal proceeding.
E. A civil action or proceeding pursuant to the provisions of
the Oklahoma Racketeer-Influenced and Corrupt Organizations Act may
0"* "".$! "!.! "4-77
be commenced at any time within five (5) years after the conduct made
unlawful pursuant to the provisions of Section 1403 of the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act terminates or the
cause of action accrues. If a criminal proceeding or civil action or
other proceeding is brought by or intervention is granted to the
state to punish, prevent, or restrain any activity made unlawful
pursuant to the provisions of Section 1403 of the Oklahoma Racketeer-
Influenced and Corrupt Organizations Act, the running of the period
of limitations prescribed by this section with respect to any cause
of action of an aggrieved person, based in whole or in part upon any
matter complained of in any such prosecution, action, or proceeding
shall be suspended during the pendency of such prosecution, action,
or proceeding and for two (2) years following its termination.
F. Service of process in an action pursuant to the provisions of
this section may be made upon any person outside the state if the
person was a principal in any conduct constituting a violation of the
provisions of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act in this state. The person shall be deemed to have
thereby submitted himself to the jurisdiction of the courts of this
state for the purposes of this section.
G. The application of any civil remedy pursuant to the
provisions of this section shall not preclude the application of any
other civil or criminal remedy pursuant to the provisions of the
Oklahoma Racketeer-Influenced and Corrupt Organizations Act or any
other provision of law. Civil remedies pursuant to the provisions of
this section are supplemental and not mutually exclusive.
Added by Laws 1988, c. 131, § 9, eff. Nov. 1, 1988. Amended by Laws
2010, c. 456, § 11, eff. Nov. 1, 2010.
§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
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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.
§22-1411. Certain proceeds of forfeitures to be deposited with State
Treasury to cover cost of investigation and prosecution -
Expenditure.
A. The balance of the proceeds of all forfeitures ordered
pursuant to the provisions of the Oklahoma Racketeer-Influenced and
Corrupt Organizations Act shall be transmitted to the State Treasury
and deposited in such proportions as determined by the court as are
represented by the costs and expenses of such investigation and
prosecution as follows:
1. Any proceeds resulting from the investigation and prosecution
by a county or municipal law enforcement agency or district attorney
pursuant to the provisions of the Oklahoma Racketeer-Influenced and
Corrupt Organizations Act shall be deposited in a revolving fund in
0"* "".$! "!.! "4-79
the office of the county treasurer of the county wherein the
forfeiture was ordered to be maintained and expended by the district
attorney in the discretion of the district attorney for the purposes
specified in subsection B of this section with a yearly accounting to
the board of county commissioners in whose county the fund is
established and to the District Attorneys Council;
2. Any proceeds resulting from the investigation and prosecution
by the Oklahoma State Bureau of Investigation or the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control pursuant to the
provisions of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act shall be deposited in the agency special account
established pursuant to the provisions of Section 7.2 of Title 62 of
the Oklahoma Statutes for the Oklahoma State Bureau of Investigation
or the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control;
3. Any proceeds resulting from the investigation and prosecution
by the Attorney General pursuant to the provisions of the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act shall be deposited
in the Attorney General's Evidence Fund pursuant to the provisions of
Section 19 of Title 74 of the Oklahoma Statutes; and
4. Any proceeds resulting from the investigation and prosecution
by any other agency of this state pursuant to the provisions of the
Oklahoma Racketeer-Influenced and Corrupt Organizations Act shall be
deposited in the appropriate revolving fund, agency special account
or other fund for that agency as determined by the State Treasurer.
B. Monies deposited in such funds and accounts pursuant to the
provisions of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act shall be expended for the purpose of the costs and
expenses of investigation and prosecution, whether criminally or
civilly, of conduct made unlawful by the provisions of the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act, including costs
of resources and personnel.
Added by Laws 1988, c. 131, § 11, eff. Nov. 1, 1988. Amended by Laws
1990, c. 264, § 26, operative July 1, 1990; Laws 2010, c. 456, § 13,
eff. Nov. 1, 2010.
§22-1412. Lien notice.
A. At any time after the institution of any civil proceeding or
at any time after the filing of an indictment or information pursuant
to the provisions of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act, the state may file a lien notice in the official
records as may be required for perfecting a security interest for any
given property. A filing fee in the amount as required by law for
the filing of a mechanic's or materialmen's lien shall be required as
a condition for filing the lien notice, and the county clerk, upon
the presentation of such lien notice, shall immediately record it in
the official records.
0"* "".$! "!.! "4-8:
B. The lien notice shall be signed by the Attorney General or by
a district attorney. The notice shall be in such form as the
Attorney General prescribes and shall set forth the following
information:
1. The name of the person against whom the proceeding has been
brought or who has been charged or indicted for a violation of this
act and any other names under which the person may be known. The
Attorney General or district attorney may also name in the lien
notice any enterprise that is either controlled by or entirely owned
by the person;
2. If known to the Attorney General or district attorney, the
present residence and business addresses of the persons named in the
lien notice;
3. A reference to the criminal or civil proceeding stating that
a proceeding pursuant to the provisions of the Oklahoma Racketeer-
Influenced and Corrupt Organizations Act has been brought against the
person named in the lien notice or that the person has been charged
or indicted for a violation of this act, the name of the county or
counties where the proceeding has been brought or the conviction was
made and any other lien notices filed, and, if known to the Attorney
General or district attorney at the time of filing the lien notice,
the case number of the proceeding;
4. A statement that the notice is being filed pursuant to the
provisions of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act; and
5. The name and address of the Attorney General or the district
attorney filing the lien notice.
A lien notice shall apply only to one person and, to the extent
applicable, the names of enterprises, to the extent permitted in this
section. A separate lien notice shall be filed for any other person
against whom the Attorney General or district attorney desires to
file a lien notice pursuant to the provisions of this section.
C. Within ten (10) days after filing of each lien notice, the
Attorney General or district attorney shall furnish to the person
named in the notice by certified mail, return receipt requested, to
the last-known business or residential address, a copy of the
recorded notice. In the event the person cannot be served by
certified mail, service may be by publication pursuant to Section
2004 of Title 12 of the Oklahoma Statutes.
D. From the time of its filing, a lien notice creates a lien in
favor of the state on the following property of the person named in
the notice:
1. Any personal or real property owned by the person under any
name set forth in the lien notice which is situated in the county
where the notice is filed; and
2. Any beneficial interest of said property owned by the person
under any name located in the county where the notice is filed.
0"* "".$! "!.! "4-8
The lien shall commence and attach as of the time of filing of
the lien notice and shall continue thereafter until expiration,
termination, or release of the lien. The lien created in favor of
the state shall be superior and prior to the interest of any other
person in the personal or real property or beneficial interest in
said property, if the interest is acquired subsequent to the filing
of the notice.
E. In conjunction with any civil proceeding:
1. The Attorney General or district attorney may file without
prior court order in any county a lis pendens pursuant to the
provisions of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act. In that event, any person acquiring an interest
in the subject real property or beneficial interest in it after the
filing of the lis pendens, shall take the interest subject to the
civil proceeding and any subsequent judgment of forfeiture; and
2. If a lien notice has been filed, the Attorney General or
district attorney may name as defendants, in addition to the person
named in the notice, any person acquiring an interest in the personal
or real property or beneficial interest in it subsequent to the
filing of the notice. If a judgment of forfeiture is entered in the
proceeding in favor of the state, the interest of any person in the
property that was acquired subsequent to the filing of the notice and
judgment of forfeiture shall be subject to the notice and judgment of
forfeiture.
F. Upon the entry of a final judgment of forfeiture in favor of
the state, the title to the forfeited real property shall be
transferred to the state and shall be recorded in the official
records of the county where the real property or a beneficial
interest in it is located.
In the case of personal property or a beneficial interest in it,
the property shall be seized if not already in possession of the
state and disposed of in accordance with the Oklahoma Racketeer-
Influenced and Corrupt Organizations Act.
G. If personal or real property or a beneficial interest in it
subject to forfeiture is conveyed, alienated, disposed of, or
otherwise rendered unavailable for forfeiture after the filing of a
lien notice, the state may treat it as a fraudulent and preferential
conveyance and may institute an action in any district court against
the person named in the lien notice, the defendant in the civil
proceeding or the person convicted in the criminal proceeding; and
the court shall enter final judgment against such person or any
beneficial interest in it together with investigative costs and
attorneys fees incurred by the state in the action. If a civil
proceeding is pending, such action shall be filed only in the court
where such civil proceeding is pending.
H. The filing of a lien notice shall not affect the use to which
personal or real property or a beneficial interest in it owned by the
0"* "".$! "!.! "4-8
person named in the racketeering lien may be entitled to or the right
of the person to receive any avails, rents, or other proceeds
resulting from the use and ownership of the property, except for the
conveyance of said property, until a judgment of forfeiture is
entered.
I. The term of a lien notice shall be for a period of six (6)
years from the date of filing unless a renewal lien notice has been
filed by the Attorney General or district attorney. In this event,
the term of the renewal lien notice shall be for a period of six (6)
years from the date of its filing. The Attorney General or district
attorney shall be entitled to only one renewal of the lien notice.
J. The Attorney General or district attorney filing the lien
notice may release in whole or in part any lien notice or may release
any personal or real property or beneficial interest in it from the
lien notice upon such terms and conditions as the Attorney General or
district attorney may determine. Any release of a lien notice
executed by the Attorney General or district attorney may be filed in
the official records of any county. No charge or fee shall be
imposed for the filing of any release of a lien notice.
K. If no civil proceeding has been instituted by the Attorney
General or district attorney seeking a forfeiture of any property
owned by the person named in the lien notice, the acquittal in the
criminal proceeding of the person named in the lien notice or the
dismissal of the criminal proceeding, shall terminate the lien
notice. If the civil proceeding has been instituted, in the event
the criminal proceeding has been dismissed or the person named in the
lien notice has been acquitted in the criminal proceeding, the lien
notice shall continue for the duration of the civil proceeding.
L. If no civil proceeding or criminal proceeding is then pending
against the person named in the lien notice, any person named in a
lien notice may apply to the district court in the county where the
notice has been filed for the release or extinguishment of the notice
and the district court shall enter a judgment extinguishing the lien
notice or releasing the personal or real property or beneficial
interest in it from the lien notice.
M. In the event a civil proceeding is pending against a person
named in a lien notice, the district court upon motion by the person
may grant the relief provided for in this section at a hearing held
for that purpose:
1. If a sale of the personal or real property or beneficial
interest in it is pending and the filing of the notice prevents the
sale of the property or interest, the district court shall
immediately enter its order releasing from the lien notice any
specific personal or real property or beneficial interest in it. The
proceeds resulting from the sale of the personal or real property or
beneficial interest in it shall be deposited with the clerk of the
0"* "".$! "!.! "4-8+
district court, subject to the further order of the district court;
and
2. At the hearing, the district court may release from the lien
notice any personal or real property or beneficial interest in it
upon the posting by such person of such security as is equal to the
value of the personal or real property or beneficial interest in it
owned by such person.
Added by Laws 1988, c. 131, § 12, eff. Nov. 1, 1988. Amended by Laws
2010, c. 456, § 14, eff. Nov. 1, 2010.
§22-1413. Duties of trustee on filing of lien notice - Liability.
A. A trustee, who acquires actual knowledge that a lien notice
or a civil proceeding or criminal proceeding has been filed against
any person for whom the trustee holds legal or record title to
personal or real property, shall immediately furnish to the Attorney
General or district attorney the following:
1. The name and address of the person;
2. The name and address of all other persons for whose benefit
the trustee holds title to the personal or real property; and
3. If requested by the Attorney General or district attorney, a
copy of the trust agreement or other instrument pursuant to which the
trustee holds legal or record title to the personal or real property.
Any trustee who fails to comply with the provisions of this section,
upon conviction, is guilty of a felony.
B. Any trustee having notice of the filing of the lien notice,
who transfers or conveys title to personal or real property on which
said notice has been filed, shall not be liable to the state for the
greater of:
1. The amount of proceeds received directly by the person named
in the lien notice as a result of the transfer or conveyance;
2. The amount of proceeds received by the trustee as a result of
the transfer or conveyance and distributed to the person named in the
lien notice; or
3. The fair market value of the interest of the person named in
the lien notice in the personal or real property transferred or
conveyed; but if the trustee transfers or conveys the personal or
real property for at least its fair market value and holds the
proceeds that would otherwise be paid or distributed to the
beneficiary or at the direction of the beneficiary or designee of the
beneficiary, the liability of the trustee shall not exceed the amount
of the proceeds held for so long as the proceeds are held by the
trustee.
C. The filing of a lien notice shall not constitute a lien on
the record title to personal or real property owned by the trustee
except to the extent the trustee is named in the lien notice. The
Attorney General or district attorney may bring a civil proceeding in
0"* "".$! "!.! "4-8-
any district court against the trustee to recover from the trustee
the amounts set forth in the Oklahoma Racketeer-Influenced and
Corrupt Organizations Act, and the state shall also be entitled to
recover investigative costs and attorneys fees incurred by the
Attorney General or district attorney.
D. The provisions of this section shall not apply to any
transfer or conveyance by a trustee pursuant to a court order, unless
the court order is entered in an action between the trustee and the
beneficiary.
Added by Laws 1988, c. 131, § 13, eff. Nov. 1, 1988. Amended by Laws
2010, c. 456, § 15, eff. Nov. 1, 2010.
§22-1414. Foreign corporations - Applicability of act.
Each foreign corporation doing business in this state that fails
to file a report or fails to comply with the provisions of Section
1130 of Title 18 of the Oklahoma Statutes shall be subject to the
jurisdiction of the State of Oklahoma for purposes of the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act.
Added by Laws 1988, c. 131, § 14, eff. Nov. 1, 1988. Amended by Laws
2010, c. 456, § 16, eff. Nov. 1, 2010.
§22-1415. Investigation of conduct constituting violation of Section
1403 of title.
A. When any person has engaged in, is engaged in, or is
attempting or conspiring to engage in any conduct constituting a
violation of any of the provisions of Section 1403 of the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act, the Attorney
General or district attorney may conduct an investigation of the
conduct. On approval of the district judge, the Attorney General or
district attorney in accordance with the provisions of Section 258 of
Title 22 of the Oklahoma Statutes is authorized before the
commencement of any civil or criminal proceeding pursuant to the
provisions of the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act to subpoena witnesses, compel their attendance,
examine them under oath, or require the production of any business
papers or records by subpoena duces tecum, except that such evidence
taken shall not be receivable in any civil proceeding.
B. Any business papers and records subpoenaed by the Attorney
General or district attorney shall be available for examination by
the person who produced the material or by any duly authorized
representative of the person. Transcripts of oral testimony shall be
available for examination by the person who produced such testimony,
or counsel of the person.
Except as otherwise provided for in this section, no business
papers or records or transcripts or oral testimony, or copies of it,
0"* "".$! "!.! "4-82
subpoenaed by the Attorney General or district attorney shall be
available for examination by an individual other than another law
enforcement official without the consent of the person who produced
the business papers or records or transcript.
C. All persons served with a subpoena by the Attorney General or
district attorney pursuant to the provisions of the Oklahoma
Racketeer-Influenced and Corrupt Organizations Act shall be paid the
same fees and mileage as paid witnesses in the courts of this state.
D. No person shall, with intent to avoid, evade, prevent, or
obstruct compliance in whole or in part by any person with any duly
served subpoena of the Attorney General or district attorney pursuant
to the provisions of this section, knowingly remove from any place,
conceal, withhold, destroy, mutilate, alter, or by any other means
falsify any business papers or records that are the subject of the
subpoena ducus tecum. A violation of the provisions of this
subsection, upon conviction, is a misdemeanor.
Added by Laws 1988, c. 131, § 15, eff. Nov. 1, 1988. Amended by Laws
2010, c. 456, § 17, eff. Nov. 1, 2010.
§22-1416. Civil action in federal court authorized.
The Attorney General or district attorney may bring an action on
behalf of the state, counties, municipalities, and other political
subdivisions organized pursuant to the authority of this state in
federal court for civil relief pursuant to any comparable provision
of federal law. No action brought by the Attorney General or district
attorney pursuant to the provisions of this section shall impair the
authority of any county, municipality, or political subdivision to
bring the action on its own behalf or impair its authority to engage
its own counsel in connection with the action.
Added by Laws 1988, c. 131, § 16, eff. Nov. 1, 1988.
§22-1417. Judicial education and training.
Each judicial district shall select one or more of its district
judges or associate district judges and if deemed necessary may also
select one or more special judges to receive specialized education
and training in applying the provisions of the Oklahoma Racketeer-
Influenced and Corrupt Organizations Act.
A program of judicial education and training shall be prepared
and administered by the Administrative Office of the Courts. Such
program and any materials shall be made available as needed to assist
Oklahoma judges in applying the provisions of this act.
When available, the funds described in Section 1411 of this title
may be used to help defray the expenses of such program.
Added by Laws 1988, c. 131, § 17, eff. Nov. 1, 1988. Amended by Laws
2010, c. 456, § 18, eff. Nov. 1, 2010.
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§22-1418. Audit of monies received by state or local government
under act.
Any monies received by any office of state or local government
under this act shall be subject to an annual audit by the State
Auditor and Inspector.
Added by Laws 1988, c. 131, § 18, eff. Nov. 1, 1988.
§22-1419. Construction of act in conformity with federal law.
When the language of the Oklahoma Racketeer-Influenced and
Corrupt Organizations Act is the same or similar to the language of
Title 18 U.S.C., Sections 1961 through 1968, the courts of this state
in construing the Oklahoma Racketeer-Influenced and Corrupt
Organizations Act may follow the construction given to federal law by
the federal courts, provided that nothing in this section shall be
deemed to provide for any private right of action or confer any civil
remedy except as specifically set out in this act.
Added by Laws 1988, c. 131, § 19, eff. Nov. 1, 1988. Amended by Laws
2010, c. 456, § 19, eff. Nov. 1, 2010.
§22-1501. Repealed by Laws 2009, c. 178, § 14.
§22-1502. Repealed by Laws 2009, c. 178, § 14.
§22-1503. Repealed by Laws 2009, c. 178, § 14.
§22-1504. Repealed by Laws 2009, c. 178, § 14.
§22-1505. Repealed by Laws 1997, c. 254, § 4, emerg. eff. May 23,
1997.
§22-1506. Repealed by Laws 1997, c. 254, § 4, emerg. eff. May 23,
1997.
§22-1507. Repealed by Laws 2009, c. 178, § 14.
§22-1508. Repealed by Laws 2009, c. 178, § 14.
§22-1509. Repealed by Laws 2009, c. 178, § 14.
§22-1510. Repealed by Laws 2001, c. 377, § 7, eff. July 1, 2001.
§22-1511. Repealed by Laws 2001, c. 377, § 7, eff. July 1, 2001.
§22-1512. Repealed by Laws 2009, c. 178, § 14.
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§22-1513. Repealed by Laws 1997, c. 133, § 604, emerg. eff. April
22, 1997.
§22-1514. Purposes and policies of the criminal justice and
corrections systems.
The following purposes and policies of the criminal justice and
corrections systems are hereby established:
1. Protection of the public. Incarceration should be viewed by
the court both as punishment and as a means of protecting the public.
Limitations on the freedom of the offender and the appropriate level
of custody should be dictated in the first instance by the nature of
the offense, the violent character of the offender, the proclivity of
the offender to engage in criminal conduct as demonstrated by his
criminal record, and the sound judgment of the sentencing court after
taking into account all of the relevant aggravating and mitigating
factors involved in the offender's record of criminal conduct.
2. Punishment of the offender. After the interests of public
protection have been addressed, consideration should be given to
restriction of the liberty of the offender in such manner and to such
extent as is necessary to demonstrate clearly that the offender's
conduct is unacceptable to society and to discourage a repetition of
such conduct. In determining the appropriate punishment, the court
should consider a range of sanctions at the state or community level
which may include incarceration, various degrees of restrictions on
the offender's liberty including house arrest, electronic monitoring,
various degrees of supervision, community penalties, community
service, restitution, reparation, or fines.
3. Rehabilitation of the offender. Every sentencing plan should
consider treatment and rehabilitative needs of the offender to the
extent that it addresses the cause of the criminal behavior and,
therefore, might assist in correcting such behavior. The offender
should be enrolled in a program of rehabilitation over a definite
minimal period of time. The program of rehabilitation should involve
work and recreation and may involve education, psychological or
psychiatric counseling, treatment for alcohol or drug abuse and
sexual aggression either within or without the prison walls as the
individual case may indicate. The court may recommend remedies for
alcoholism, substance abuse, mental illness, education and employment
deficiencies, and may order community-based offenders to pay for such
treatment to the extent the offender is able. Public institutions
should respond to the court order at no cost to the indigent
offender. Where treatment is not available from public institutions,
the state should purchase appropriate treatment from the private
sector.
4. Restitution and reparation. When appropriate, the sentencing
plan should provide for restitution or reparation to the victim or
victims, whether they be individual citizens, corporations, or
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society as a whole, to be paid as soon as practicable. Such
restitution or reparation should include repayment for any property
stolen or damaged, medical costs and lost wages of the victims, court
costs and reasonable costs to cover pretrial detention, and
restitution to the community through community service. In those
cases where the offender can be punished and rehabilitated outside of
prison without jeopardizing the security of the society at large in
their persons or property, it is appropriate and encouraged that the
offender pay his debt to society through a range of punishments which
are alternative to incarceration. The court should order such
supervision or restrictions as deemed necessary for the offender to
comply with the restitution orders. Failure to comply should result
in stricter measures.
5. Work policy for offenders. It is the policy of this state
that offenders should work when reasonably possible, either at jobs
in the private sector to pay restitution and support their
dependents, or at community service jobs that benefit the public, or
at useful work while in prison or jail, or at educational or
treatment endeavors as a part of a rehabilitation program. Offenders
should be offered the opportunity to reduce the duration of their
sentences by earning "time" credit for work endeavors in achieving
vocational or educational skill levels. Prisoners who are able and
do not work or who refuse to participate in treatment programs should
be prohibited from enjoying privileges which may be provided to
inmates beyond those required by law.
6. Responsibility of Department of Corrections. It is the goal
of the Department of Corrections to provide adequate prison space to
ensure that those sentenced to prison will remain incarcerated until
such time as they can be safely released, or until their active
sentences are completed, and to provide community-based supervision
for those offenders selected for supervised probation and parole by
the courts and the Pardon and Parole Board.
It is the mission of the Department to provide housing, clothing,
food and medical care to its inmates, to maintain a safe and secure
prison system, to keep accurate records, to offer job training,
education, counseling, work and treatment programs deemed appropriate
to monitor and advance the rehabilitative progress of its inmates, to
provide a fair and orderly progression through custody levels, and to
make data and recommendations regarding parole available to the
Pardon and Parole Board. As an inmate demonstrates that he is no
longer a threat to society, that the punishment has been effective
and that a program of rehabilitation is showing progress, the
inmate's level of custody may be commensurately reduced in an orderly
progression through custody levels to parole and release from
supervision.
It is the mission of the Department of Corrections to receive
convicted offenders selected by the courts and the Pardon and Parole
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Board and to protect society through a coordinated program of
community supervision which provides realistic opportunities for
probationers and parolees to develop skills necessary to adjust to
free society. As a probationer or parolee demonstrates that the
supervision has been effective and that a community treatment program
is showing progress, the level of supervision may be commensurately
reduced in an orderly progression to prepare for release from
supervision.
Added by Laws 1994, c. 355, § 14, eff. July 1, 1994.
§22-1515. Repealed by Laws 1997, c. 133, § 604, emerg. eff. April
22, 1997.
§22-1516. Repealed by Laws 2009, c. 178, § 14.
§22-1517. Oklahoma State Bureau of Investigation - Duties.
A. The Oklahoma State Bureau of Investigation shall be the
entity recognized by the Bureau of Justice Statistics as the
Statistical Analysis Center.
B. In addition to other duties specified by law, the duties of
the Oklahoma State Bureau of Investigation shall be to:
1. Provide a clearinghouse for criminal justice information;
2. Provide a central contact point for federal, state, and local
criminal justice agencies;
3. Provide technical assistance for all criminal justice
agencies of this state;
4. Provide consultation for criminal justice agencies of this
state in preparing reports, gaining funding, or preparing
information;
5. Obtain information from criminal justice agencies in this
state for analyses of criminal justice issues;
6. Collect and analyze criminal justice data;
7. Produce reports for state and local criminal justice
agencies;
8. Facilitate information networking between criminal justice
agencies;
9. Attend meetings concerning criminal justice issues;
10. Represent this state at national meetings including, but not
limited to, meetings or conferences of criminal justice statistics
associations of other states;
11. Assist in developing resources for the criminal justice
system;
12. Address pertinent issues related to prevention and
intervention programs;
13. Provide assistance to the Oklahoma Crime Stoppers
Association;
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14. Create and publish by December 1 each year a uniform
reporting standard for citing state criminal statutes to be used in
reporting information to and from all criminal justice information
systems within this state. The uniform reporting standard shall be
developed in consultation with the Administrative Office of the
Courts, the Department of Corrections, the District Attorneys
Council, the Department of Public Safety through the Oklahoma Law
Enforcement Telecommunications System Division, and the Office of
Juvenile Affairs. The uniform reporting standard shall be used by
all criminal justice information systems and shall be the standard
for reporting arrests, criminal and juvenile delinquency charges,
charge and case dispositions, custody records, and any other record
purporting to identify a criminal history record or information
relating to arrests, charges, custody, adjudication, conviction, and
disposition of criminal or juvenile matters; and
15. Monitor all changes to state crime statutes within ninety
(90) days of the Legislature’s adjournment sine die for purposes of
including any changes in law or new offenses within the uniform
reporting standard.
Added by Laws 1990, c. 147, § 1, operative July 1, 1990. Amended by
Laws 1997, c. 254, § 1, emerg. eff. May 23, 1997; Laws 1998, c. 276,
§ 6, eff. July 1, 1998; Laws 2001, c. 122, § 1, eff. July 1, 2001;
Laws 2001, c. 377, § 5, eff. July 1, 2001; Laws 2003, c. 340, § 2,
emerg. eff. May 29, 2003. Renumbered from § 508.2 of Title 57 by
Laws 2003, c. 340, § 3, emerg. eff. May 29, 2003. Amended by Laws
2009, c. 178, § 6; Laws 2010, c. 37, § 3, eff. Nov. 1, 2010; Laws
2011, c. 95, § 1, eff. Nov. 1, 2011.
§22-1518. Oklahoma Criminal Justice Resource Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma State Bureau of Investigation to be designated the
"Oklahoma Criminal Justice Resource Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations, and
shall consist of all grants, gifts, bequests and any other lawful
monies received for the benefit of the Bureau. All monies accruing
to the credit of said fund are hereby appropriated and may be
budgeted and expended by the Director of the Bureau for the operation
of the Bureau in furtherance of its duties as set forth in Section
1517 of this title or other purposes authorized by law.
Added by Laws 1997, c. 333, § 25, eff. July 1, 1997. Amended by Laws
2001, c. 377, § 6, eff. July 1, 2001. Renumbered from § 508.2b of
Title 57 by Laws 2003, c. 340, § 3, emerg. eff. May 29, 2003.
Amended by Laws 2009, c. 178, § 7.
§22-1519. Criminal Justice Computer Assistance Act - Offender Data
Information System.
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A. This section shall be known and may be cited as the “Criminal
Justice Computer Assistance Act”.
B. The Oklahoma State Bureau of Investigation is directed to
implement and administer a data information system called the
“Offender Data Information System”, subject to funding. The purpose
of the System shall be to:
1. Provide software and support to interested criminal justice
agencies to assist in record keeping and data reporting functions;
2. Provide a uniform method for sharing data and information
from existing databases operated by participating agencies; and
3. Transmit data and other information from participating
criminal justice agencies to other local, state and federal agencies
upon request or as necessary.
C. The Bureau is directed to develop procedures for the
administration, participation, operation and use of the Offender Data
Information System.
D. Any criminal justice agency of this state may voluntarily
participate in the Offender Data Information System. The Bureau may
charge a reasonable user fee for those criminal justice agencies that
participate in the Offender Data Information System. All monies
received from such fees shall be deposited in the OSBI Revolving
Fund.
E. Nothing in this section shall be construed to compel
participation of any state or local criminal justice agency in the
Offender Data Information System.
Added by Laws 2004, c. 547, § 1, eff. July 1, 2004. Amended by Laws
2009, c. 178, § 8.
§22-1601. Creation – Powers and duties.
A. There is hereby created the Domestic Violence Fatality Review
Board within the Office of the Attorney General. The Board shall
have the power and duty to:
1. Coordinate and integrate state and local efforts to address
fatal domestic violence and create a body of information to prevent
domestic violence deaths;
2. Collect, analyze and interpret state and local data on
domestic violence deaths;
3. Develop a state and local database on domestic violence
deaths;
4. Improve the ability to provide protective services to victims
of domestic violence who may be living in a dangerous environment;
5. Improve policies, procedures and practices within the
agencies that serve victims of domestic violence; and
6. Enter into agreements with other state, local or private
entities as necessary to carry out the duties of the Domestic
Violence Fatality Review Board including, but not limited to,
conducting joint reviews with the Child Death Review Board on
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domestic violence cases involving child death or child near-death
incidents.
B. In carrying out its duties and responsibilities, the Board
shall:
1. Promulgate rules establishing criteria for identifying cases
involving a domestic violence death subject to specific, in-depth
review by the Board;
2. Conduct a specific case review of those cases where the cause
of death is or may be related to domestic violence;
3. Establish and maintain statistical information related to
domestic violence deaths, including, but not limited to, demographic
and medical diagnostic information;
4. Establish procedures for obtaining initial information
regarding domestic violence deaths from law enforcement agencies;
5. Review the policies, practices, and procedures of the
domestic violence protection and prevention system and make specific
recommendations to the entities comprising the domestic violence
prevention and protection system for actions necessary for the
improvement of the system;
6. Review the extent to which the state domestic violence
prevention and protection system is coordinated with law enforcement
and the court system and evaluate whether the state is efficiently
discharging its domestic violence prevention and protection
responsibilities;
7. Request and obtain a copy of all records and reports
pertaining to a domestic violence death case of the victim,
perpetrator or any other person cohabitating in the domicile at the
time of the fatality that is under review, including, but not limited
to:
a. the report of the medical examiner,
b. hospital records,
c. school records,
d. court records,
e. prosecutorial records,
f. local, state, and federal law enforcement records,
including, but not limited to, the Oklahoma State
Bureau of Investigation (OSBI),
g. fire department records,
h. State Department of Health records, including birth
certificate records,
i. medical and dental records,
j. Department of Mental Health and Substance Abuse
Services and other mental health records,
k. emergency medical service records,
l. files of the Department of Human Services, and
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m. records in the possession of the Child Death Review
Board when conducting a joint review pursuant to
paragraph 6 of subsection A of this section.
Confidential information provided to the Board shall be maintained by
the Board in a confidential manner as otherwise required by state and
federal law. Any person damaged by disclosure of such confidential
information by the Board or its members which is not authorized by
law may maintain an action for damages, costs and attorney fees
pursuant to The Oklahoma Governmental Tort Claims Act;
8. Maintain all confidential information, documents and records
in possession of the Board as confidential and not subject to
subpoena or discovery in any civil or criminal proceedings; provided,
however, information, documents and records otherwise available from
other sources shall not be exempt from subpoena or discovery through
those sources solely because such information, documents and records
were presented to or reviewed by the Board;
9. Conduct reviews of specific cases of domestic violence deaths
and request the preparation of additional information and reports as
determined to be necessary by the Board including, but not limited
to, clinical summaries from treating physicians, chronologies of
contact, and second opinion autopsies;
10. Report, if recommended by a majority vote of the Board, to
the President Pro Tempore of the Senate and the Speaker of the House
of Representatives any gross neglect of duty by any state officer or
state employee, or any problem within the domestic violence
prevention and protection system discovered by the Board while
performing its duties; and
11. Exercise all incidental powers necessary and proper for the
implementation and administration of the Domestic Violence Fatality
Review Board.
C. The review and discussion of individual cases of a domestic
violence death shall be conducted in executive session. All other
business shall be conducted in accordance with the provisions of the
Oklahoma Open Meeting Act. All discussions of individual cases and
any writings produced by or created for the Board in the course of
determining a remedial measure to be recommended by the Board, as the
result of a review of an individual case of a domestic violence
death, shall be privileged and shall not be admissible in evidence in
any proceeding. The Board shall periodically conduct meetings to
discuss organization and business matters and any actions or
recommendations aimed at improvement of the domestic violence
prevention and protection system which shall be subject to the
Oklahoma Open Meeting Act. Part of any meeting of the Board may be
specifically designated as a business meeting of the Board subject to
the Oklahoma Open Meeting Act.
D. The Board shall submit an annual statistical report on the
incidence and causes of domestic violence deaths in this state for
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which the Board has completed its review during the past calendar
year including its recommendations, if any, to the domestic violence
prevention and protection system. The Board shall also prepare and
make available to the public, on an annual basis, a report containing
a summary of the activities of the Board relating to the review of
domestic violence deaths, the extent to which the state domestic
violence prevention and protection system is coordinated and an
evaluation of whether the state is efficiently discharging its
domestic violence prevention and protection responsibilities. The
report shall be completed no later than February 1 of the subsequent
year.
Added by Laws 2001, c. 284, § 1, eff. July 1, 2001. Amended by Laws
2007, c. 20, § 1; Laws 2008, c. 324, § 3, eff. July 1, 2008; Laws
2009, c. 178, § 9; Laws 2013, c. 309, § 1, eff. Nov. 1, 2013; Laws
2017, c. 14, § 1, eff. Nov. 1, 2017.
§22-1602. Domestic Violence Fatality Review Board - Administrative
assistance from Office of the Attorney General.
A. The Domestic Violence Fatality Review Board shall be composed
of twenty (20) members, or their designees, as follows:
1. Eight of the members shall be:
a. the Chief Medical Examiner,
b. a designee of the Attorney General. The designee shall
be a person assigned to the Victims Services Unit of
the Office of the Attorney General,
c. the State Commissioner of Health,
d. the Chief of Injury Prevention Services of the State
Department of Health,
e. the Director of the Department of Human Services,
f. the Director of the Oklahoma State Bureau of
Investigation,
g. the Commissioner of the Department of Mental Health and
Substance Abuse Services, and
h. the Executive Director of the Office of Juvenile
Affairs; and
2. Twelve of the members shall be appointed by the Attorney
General, shall serve for terms of two (2) years and shall be eligible
for reappointment. The members shall be persons having training and
experience in matters related to domestic violence. The appointed
members shall include:
a. a county sheriff selected from a list of three names
submitted by the executive board of the Oklahoma
Sheriffs' Association,
b. a chief of a municipal police department selected from
a list of three names submitted by the Oklahoma
Association of Chiefs of Police,
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c. an attorney licensed in this state who is in private
practice selected from a list of three names submitted
by the Board of Governors of the Oklahoma Bar
Association,
d. a district attorney selected from a list of three names
submitted by the District Attorneys Council,
e. a physician selected from a list of three names
submitted by the Oklahoma State Medical Association,
f. a physician selected from a list of three names
submitted by the Oklahoma Osteopathic Association,
g. a nurse selected from a list of three names submitted
by the Oklahoma Nurses Association,
h. two individuals, at least one of whom shall be a
survivor of domestic violence, selected from lists of
three names submitted by the Oklahoma Coalition Against
Domestic Violence and Sexual Assault,
i. a member of the Judiciary selected from a list of three
names submitted by the Oklahoma Supreme Court, and
j. two individuals, at least one of whom shall be an
American Indian survivor of domestic violence, selected
from a list of three names submitted by the Native
Alliance Against Violence, Oklahoma's tribal coalition
against domestic violence and sexual assault.
B. Every two (2) years the Board shall elect from among its
membership a chair and a vice-chair. The Board shall meet at least
quarterly and may meet more frequently as necessary as determined by
the chair. Members shall serve without compensation but may be
reimbursed for necessary travel out of funds available to the Office
of the Attorney General pursuant to the State Travel Reimbursement
Act; provided, that the reimbursement shall be paid in the case of
state employee members by the agency employing the member.
C. With funds appropriated or otherwise available for that
purpose, the Office of the Attorney General shall provide
administrative assistance and services to the Domestic Violence
Fatality Review Board.
Added by Laws 2001, c. 284, § 2, eff. July 1, 2001. Amended by Laws
2005, c. 348, § 17, eff. July 1, 2005; Laws 2006, c. 136, § 4, eff.
Nov. 1, 2006; Laws 2009, c. 178, § 10; Laws 2009, c. 427, § 1, eff.
Nov. 1, 2009; Laws 2019, c. 147, § 1, eff. Nov. 1, 2019.
§22-1603. Collection of data relating to victim protective orders.
A. If funds are available, the Office of the Attorney General
annually shall collect data on the number of victim protective orders
issued in each county and the number of violations of victim
protective orders in each county.
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B. The Office of the Attorney General shall provide this
information to the Domestic Violence Fatality Review Board and the
Administrative Office of the Courts.
Added by Laws 2003, c. 407, § 6, eff. Nov. 1, 2003. Amended by Laws
2009, c. 178, § 11.
§22-1701. Creation of Criminal Justice Reclassification Coordination
Council.
A. There is hereby created the Criminal Justice Reclassification
Coordination Council, hereinafter referred to as the "Council". The
Council shall review and recommend the following:
1. The classification of all felonies under Oklahoma law into
appropriate categories;
2. Appropriate sentence lengths for each class of felonies;
3. Appropriate enhanced sentences for crimes committed after
offenders have been convicted of other crimes; and
4. Other appropriate changes that will improve the criminal
justice system in Oklahoma and ensure the pubic safety of its
citizens.
The recommendations of the Council shall be intended to reduce or
hold neutral the prison population. The Council shall consider
fiscal impact statements of all recommendations of the Council.
B. The Council shall be comprised of twenty-two (22) members to
be selected as follows:
1. The Attorney General for the State of Oklahoma, or designee;
2. A district attorney for a county or district with a
population of five hundred thousand (500,000) or more as determined
by the latest Federal Decennial Census, to be selected by the
Oklahoma District Attorneys Council, or designee;
3. A district attorney for a county or district with a
population of five hundred thousand (500,000) or less as determined
by the latest Federal Decennial Census, to be selected by the
Oklahoma District Attorneys Council, or designee;
4. A chief of police of a municipality with a population of
three hundred fifty thousand (350,000) or more as determined by the
latest Federal Decennial Census, to be selected by the Oklahoma
Association of Chiefs of Police, or designee;
5. A chief of police of a municipality with a population of
three hundred fifty thousand (350,000) or less as determined by the
latest Federal Decennial Census, to be selected by the Oklahoma
Association of Chiefs of Police, or designee;
6. A sheriff of a county with a population of fifty thousand
(50,000) or more as determined by the latest Federal Decennial
Census, to be selected by the Oklahoma Sheriffs' Association, or
designee;
7. A sheriff of a county with a population of fifty thousand
(50,000) or less as determined by the latest Federal Decennial
0"* "".$! "!.! "4-97
Census, to be selected by the Oklahoma Sheriffs' Association, or
designee;
8. The Director of the Oklahoma Department of Corrections, or
designee;
9. A public defender of a county with a population of three
hundred fifty thousand (350,000) or more as determined by the latest
Federal Decennial Census, to be selected by the Administrative
Director of the Courts, or designee;
10. The Executive Director of the Oklahoma Indigent Defense
System, or designee;
11. The Commissioner of the Oklahoma Department of Mental Health
and Substance Abuse Services, or designee;
12. The Director of the Oklahoma State Bureau of Investigation,
or designee;
13. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control, or designee;
14. The Administrative Director of the Courts, or designee;
15. The Executive Director of the Oklahoma Pardon and Parole
Board, or designee;
16. The Director of the Oklahoma Coalition on Domestic Violence
and Sexual Assault, or designee;
17. The president of the State Chamber of Commerce, or designee;
18. The president of a local chamber of commerce, to be
appointed by the Governor, or designee;
19. The Governor of the State of Oklahoma, or designee;
20. The President Pro Tempore of the Oklahoma State Senate, or
designee;
21. The Speaker of the Oklahoma House of Representatives, or
designee; and
22. A retired district judge, as selected by the Presiding Judge
of the Court of Criminal Appeals, or designee.
C. The chair of the Council shall be elected by majority vote of
the Council members attending the initial meeting. The Council shall
elect any other officers during the first meeting and upon a vacancy
in any office.
D. The chair shall call the first meeting and all subsequent
meetings shall be made at the call of the chair. The Council may
meet as often as may be required in order to perform the duties
imposed upon it.
E. A quorum of the Council shall be required to approve any
final action and recommendation of the Council. For purposes of this
section, eleven members of the Council shall constitute a quorum.
F. The meetings of the Council shall be subject to the Oklahoma
Open Meetings Act.
G. The members of the Council shall receive no compensation, but
travel reimbursement may be provided by their respective
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organizations within the limits provided for state employees in the
Oklahoma State Travel Reimbursement Act.
H. Administrative support for the Council shall be provided by
the Office of the Attorney General.
I. The Council shall submit a report of its findings and
recommendations annually by December 31, 2018, and the same day each
year thereafter to the Governor, the President Pro Tempore of the
Oklahoma State Senate and the Speaker of the Oklahoma House of
Representatives.
Added by Laws 2018, c. 311, § 1.
§22-2001. Short title - Scope.
Sections 1 and 2 of this act shall be known and may be cited as
the "Oklahoma Criminal Discovery Code". The Oklahoma Criminal
Discovery Code shall govern the procedure for discovery in all
criminal cases in all courts in this state.
Added by Laws 1994, c. 292, § 1, eff. Sept. 1, 1994.
§22-2002. Disclosure of evidence - Continuing duty to disclose -
Time of discovery - Regulation of discovery - Reasonable cost of
copying, duplicating, and videotaping.
A. Disclosure of Evidence by the State.
1. Upon request of the defense, the state shall be required to
disclose the following:
a. the names and addresses of witnesses which the state
intends to call at trial, together with their relevant,
written or recorded statement, if any, or if none,
significant summaries of any oral statement,
b. law enforcement reports made in connection with the
particular case,
c. any written or recorded statements and the substance of
any oral statements made by the accused or made by a
codefendant,
d. any reports or statements made by experts in connection
with the particular case, including results of physical
or mental examinations and of scientific tests,
experiments, or comparisons,
e. any books, papers, documents, photographs, tangible
objects, buildings or places which the prosecuting
attorney intends to use in the hearing or trial or
which were obtained from or belong to the accused,
f. any record of prior criminal convictions of the
defendant, or of any codefendant, and
g. Oklahoma State Bureau of Investigation (OSBI) rap
sheet/records check on any witness listed by the state
or the defense as a witness who will testify at trial,
as well as any convictions of any witness revealed
0"* "".$! "!.! "4-99
through additional record checks if the defense has
furnished social security numbers or date of birth for
their witnesses, except OSBI rap sheet/record checks
shall not provide date of birth, social security
number, home phone number or address.
2. The state shall provide the defendant any evidence favorable
to the defendant if such evidence is material to either guilt or
punishment.
3. The prosecuting attorney's obligations under this standard
extend to:
a. material and information in the possession or control
of members of the prosecutor's staff,
b. any information in the possession of law enforcement
agencies that regularly report to the prosecutor of
which the prosecutor should reasonably know, and
c. any information in the possession of law enforcement
agencies who have reported to the prosecutor with
reference to the particular case of which the
prosecutor should reasonably know.
B. Disclosure of Evidence by the Defendant.
1. Upon request of the state, the defense shall be required to
disclose the following:
a. the names and addresses of witnesses which the defense
intends to call at trial, together with their relevant,
written or recorded statement, if any, or if none,
significant summaries of any oral statement,
b. the name and address of any witness, other than the
defendant, who will be called to show that the
defendant was not present at the time and place
specified in the information or indictment, together
with the witness' statement to that fact,
c. the names and addresses of any witness the defendant
will call, other than himself, for testimony relating
to any mental disease, mental defect, or other
condition bearing upon his mental state at the time the
offense was allegedly committed, together with the
witness' statement of that fact, if the statement is
redacted by the court to preclude disclosure of
privileged communication.
2. A statement filed under subparagraph a, b or c of paragraph 1
of subsection A or B of this section is not admissible in evidence at
trial. Information obtained as a result of a statement filed under
subsection A or B of this section is not admissible in evidence at
trial except to refute the testimony of a witness whose identity
subsection A of this section requires to be disclosed.
3. Upon the prosecuting attorney's request after the time set by
the court, the defendant shall allow him access at any reasonable
0"* "".$! "!.! "42::
times and in any reasonable manner to inspect, photograph, copy, or
have reasonable tests made upon any book, paper, document,
photograph, or tangible object which is within the defendant's
possession or control and which:
a. the defendant intends to offer in evidence, except to
the extent that it contains any communication of the
defendant, or
b. is a report or statement as to a physical or mental
examination or scientific test or experiment made in
connection with the particular case prepared by and
relating to the anticipated testimony of a person whom
the defendant intends to call as a witness, provided
the report or statement is redacted by the court to
preclude disclosure of privileged communication.
C. Continuing Duty to Disclose.
If, prior to or during trial, a party discovers additional
evidence or material previously requested or ordered, which is
subject to discovery or inspection under the Oklahoma Criminal
Discovery Code, such party shall promptly notify the other party, the
attorney of the other party, or the court of the existence of the
additional evidence or material.
D. Time of Discovery.
Motions for discovery may be made at the time of the district
court arraignment or thereafter; provided that requests for police
reports may be made subject to the provisions of Section 258 of this
title. However, a request pursuant to Section 258 of this title
shall be subject to the discretion of the district attorney. All
issues relating to discovery, except as otherwise provided, will be
completed at least ten (10) days prior to trial. The court may
specify the time, place and manner of making the discovery and may
prescribe such terms and conditions as are just.
E. Regulation of Discovery.
1. Protective and Modifying Orders. Upon motion of the state or
defendant, the court may at any time order that specified disclosures
be restricted, or make any other protective order. If the court
enters an order restricting specified disclosures, the entire text of
the material restricted shall be sealed and preserved in the records
of the court to be made available to the appellate court in the event
of an appeal.
2. Failure to Comply with a Request. If at any time during the
course of the proceedings it is brought to the attention of the court
that a party has failed to comply with this rule, the court may order
such party to permit the discovery or inspection, grant continuance,
or prohibit the party from introducing evidence not disclosed, or it
may enter such other order as it deems just under the circumstances.
3. The discovery order shall not include discovery of legal work
product of either attorney which is deemed to include legal research
0"* "".$! "!.! "42:
or those portions of records, correspondence, reports, or memoranda
which are only the opinions, theories, or conclusions of the attorney
or the attorney's legal staff.
F. Reasonable cost of copying, duplicating, videotaping,
developing or any other cost associated with this Code for items
requested shall be paid by the party so requesting; however, any item
which was obtained from the defendant by the state of which copies
are requested by the defendant shall be paid by the state. Provided,
if the court determines the defendant is indigent and without funds
to pay the cost of reproduction of the required items, the cost shall
be paid by the Indigent Defender System, unless otherwise provided by
law.
Added by Laws 1994, c. 292, § 2, eff. Sept. 1, 1994. Amended by Laws
1996, c. 304, § 4, emerg. eff. June 10, 1996; Laws 1998, c. 155, § 1,
eff. Nov. 1, 1998; Laws 2002, c. 460, § 23, eff. Nov. 1, 2002.
§22-410. Immaterial informalities to be disregarded.
No indictment or information is insufficient, nor can the trial,
judgment, or other proceedings thereon be affected, by reason of a
defect or imperfection in the matter of form which does not tend to
the prejudice of the substantial rights of the defendant upon the
merits.
R.L.1910, § 5747.
§22-991av1. Sentencing powers of court - Alcohol and drug assessment
and evaluation - Restitution, fines or incarceration - Victim impact
statements - Probation and monitoring - DNA samples.
A. Except as otherwise provided in the Elderly and Incapacitated
Victim's Protection Program, when a defendant is convicted of a crime
and no death sentence is imposed, the court shall either:
1. Suspend the execution of sentence in whole or in part, with
or without probation. The court, in addition, may order the
convicted defendant at the time of sentencing or at any time during
the suspended sentence to do one or more of the following:
a. to provide restitution to the victim as provided by
Section 991f et seq. of this title or according to a
schedule of payments established by the sentencing
court, together with interest upon any pecuniary sum at
the rate of twelve percent (12%) per annum, if the
defendant agrees to pay such restitution or, in the
opinion of the court, if the defendant is able to pay
such restitution without imposing manifest hardship on
the defendant or the immediate family and if the extent
of the damage to the victim is determinable with
reasonable certainty,
b. to reimburse any state agency for amounts paid by the
state agency for hospital and medical expenses incurred
0"* "".$! "!.! "42:
by the victim or victims, as a result of the criminal
act for which such person was convicted, which
reimbursement shall be made directly to the state
agency, with interest accruing thereon at the rate of
twelve percent (12%) per annum,
c. to engage in a term of community service without
compensation, according to a schedule consistent with
the employment and family responsibilities of the
person convicted,
d. to pay a reasonable sum into any trust fund,
established pursuant to the provisions of Sections 176
through 180.4 of Title 60 of the Oklahoma Statutes, and
which provides restitution payments by convicted
defendants to victims of crimes committed within this
state wherein such victim has incurred a financial
loss,
e. to confinement in the county jail for a period not to
exceed six (6) months,
f. to confinement as provided by law together with a term
of post-imprisonment community supervision for not less
than three (3) years of the total term allowed by law
for imprisonment, with or without restitution;
provided, however, the authority of this provision is
limited to Section 843.5 of Title 21 of the Oklahoma
Statutes when the offense involved sexual abuse or
sexual exploitation; Sections 681, 741 and 843.1 of
Title 21 of the Oklahoma Statutes when the offense
involved sexual abuse or sexual exploitation; and
Sections 865 et seq., 885, 886, 888, 891, 1021, 1021.2,
1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and 1123 of
Title 21 of the Oklahoma Statutes,
g. to repay the reward or part of the reward paid by a
local certified crime stoppers program and the Oklahoma
Reward System. In determining whether the defendant
shall repay the reward or part of the reward, the court
shall consider the ability of the defendant to make the
payment, the financial hardship on the defendant to
make the required payment, and the importance of the
information to the prosecution of the defendant as
provided by the arresting officer or the district
attorney with due regard for the confidentiality of the
records of the local certified crime stoppers program
and the Oklahoma Reward System. The court shall assess
this repayment against the defendant as a cost of
prosecution. The term "certified" means crime stoppers
organizations that annually meet the certification
standards for crime stoppers programs established by
0"* "".$! "!.! "42:+
the Oklahoma Crime Stoppers Association to the extent
those standards do not conflict with state statutes.
The term "court" refers to all municipal and district
courts within this state. The "Oklahoma Reward System"
means the reward program established by Section 150.18
of Title 74 of the Oklahoma Statutes,
h. to reimburse the Oklahoma State Bureau of Investigation
for costs incurred by that agency during its
investigation of the crime for which the defendant
pleaded guilty, nolo contendere or was convicted,
including compensation for laboratory, technical, or
investigation services performed by the Bureau if, in
the opinion of the court, the defendant is able to pay
without imposing manifest hardship on the defendant,
and if the costs incurred by the Bureau during the
investigation of the defendant's case may be determined
with reasonable certainty,
i. to reimburse the Oklahoma State Bureau of Investigation
and any authorized law enforcement agency for all costs
incurred by that agency for cleaning up an illegal drug
laboratory site for which the defendant pleaded guilty,
nolo contendere or was convicted. The court clerk
shall collect the amount and may retain five percent
(5%) of such monies to be deposited in the Court Clerk
Revolving Fund to cover administrative costs and shall
remit the remainder to the Oklahoma State Bureau of
Investigation to be deposited in the OSBI Revolving
Fund established by Section 150.19a of Title 74 of the
Oklahoma Statutes or to the general fund wherein the
other law enforcement agency is located,
j. to pay a reasonable sum to the Crime Victims
Compensation Board, created by Section 142.2 et seq. of
Title 21 of the Oklahoma Statutes, for the benefit of
crime victims,
k. to reimburse the court fund for amounts paid to court-
appointed attorneys for representing the defendant in
the case in which the person is being sentenced,
l. to participate in an assessment and evaluation by an
assessment agency or assessment personnel certified by
the Department of Mental Health and Substance Abuse
Services pursuant to Section 3-460 of Title 43A of the
Oklahoma Statutes and, as determined by the assessment,
participate in an alcohol and drug substance abuse
course or treatment program or both, pursuant to
Sections 3-452 and 3-453 of Title 43A of the Oklahoma
Statutes, or as ordered by the court,
0"* "".$! "!.! "42:-
m. to be placed in a victims impact panel program, as
defined in subsection H of this section, or
victim/offender reconciliation program and payment of a
fee to the program of not less than Fifteen Dollars
($15.00) nor more than Sixty Dollars ($60.00) as set by
the governing authority of the program to offset the
cost of participation by the defendant. Provided, each
victim/offender reconciliation program shall be
required to obtain a written consent form voluntarily
signed by the victim and defendant that specifies the
methods to be used to resolve the issues, the
obligations and rights of each person, and the
confidentiality of the proceedings. Volunteer
mediators and employees of a victim/offender
reconciliation program shall be immune from liability
and have rights of confidentiality as provided in
Section 1805 of Title 12 of the Oklahoma Statutes,
n. to install, at the expense of the defendant, an
ignition interlock device approved by the Board of
Tests for Alcohol and Drug Influence. The device shall
be installed upon every motor vehicle operated by the
defendant, and the court shall require that a notation
of this restriction be affixed to the defendant's
driver license. The restriction shall remain on the
driver license not exceeding two (2) years to be
determined by the court. The restriction may be
modified or removed only by order of the court and
notice of any modification order shall be given to the
Department of Public Safety. Upon the expiration of
the period for the restriction, the Department of
Public Safety shall remove the restriction without
further court order. Failure to comply with the order
to install an ignition interlock device or operating
any vehicle without a device during the period of
restriction shall be a violation of the sentence and
may be punished as deemed proper by the sentencing
court. As used in this paragraph, "ignition interlock
device" means a device that, without tampering or
intervention by another person, would prevent the
defendant from operating a motor vehicle if the
defendant has a blood or breath alcohol concentration
of two-hundredths (0.02) or greater,
o. to be confined by electronic monitoring administered
and supervised by the Department of Corrections or a
community sentence provider, and payment of a
monitoring fee to the supervising authority, not to
exceed Three Hundred Dollars ($300.00) per month. Any
0"* "".$! "!.! "42:2
fees collected pursuant to this paragraph shall be
deposited with the appropriate supervising authority.
Any willful violation of an order of the court for the
payment of the monitoring fee shall be a violation of
the sentence and may be punished as deemed proper by
the sentencing court. As used in this paragraph,
"electronic monitoring" means confinement of the
defendant within a specified location or locations with
supervision by means of an electronic device approved
by the Department of Corrections which is designed to
detect if the defendant is in the court-ordered
location at the required times and which records
violations for investigation by a qualified supervisory
agency or person,
p. to perform one or more courses of treatment, education
or rehabilitation for any conditions, behaviors,
deficiencies or disorders which may contribute to
criminal conduct, including but not limited to alcohol
and substance abuse, mental health, emotional health,
physical health, propensity for violence, antisocial
behavior, personality or attitudes, deviant sexual
behavior, child development, parenting assistance, job
skills, vocational-technical skills, domestic
relations, literacy, education, or any other
identifiable deficiency which may be treated
appropriately in the community and for which a
certified provider or a program recognized by the court
as having significant positive impact exists in the
community. Any treatment, education or rehabilitation
provider required to be certified pursuant to law or
rule shall be certified by the appropriate state agency
or a national organization,
q. to submit to periodic testing for alcohol, intoxicating
substance, or controlled dangerous substances by a
qualified laboratory,
r. to pay a fee, costs for treatment, education,
supervision, participation in a program, or any
combination thereof as determined by the court, based
upon the defendant's ability to pay the fees or costs,
s. to be supervised by a Department of Corrections
employee, a private supervision provider, or other
person designated by the court,
t. to obtain positive behavior modeling by a trained
mentor,
u. to serve a term of confinement in a restrictive housing
facility available in the community,
0"* "".$! "!.! "42:5
v. to serve a term of confinement in the county jail at
night or during weekends pursuant to Section 991a-2 of
this title or for work release,
w. to obtain employment or participate in employment-
related activities,
x. to participate in mandatory day reporting to facilities
or persons for services, payments, duties or person-to-
person contacts as specified by the court,
y. to pay day fines not to exceed fifty percent (50%) of
the net wages earned. For purposes of this paragraph,
"day fine" means the offender is ordered to pay an
amount calculated as a percentage of net daily wages
earned. The day fine shall be paid to the local
community sentencing system as reparation to the
community. Day fines shall be used to support the
local system,
z. to submit to blood or saliva testing as required by
subsection I of this section,
aa. to repair or restore property damaged by the
defendant's conduct, if the court determines the
defendant possesses sufficient skill to repair or
restore the property and the victim consents to the
repairing or restoring of the property,
bb. to restore damaged property in kind or payment of out-
of-pocket expenses to the victim, if the court is able
to determine the actual out-of-pocket expenses suffered
by the victim,
cc. to attend a victim-offender reconciliation program if
the victim agrees to participate and the offender is
deemed appropriate for participation,
dd. in the case of a person convicted of prostitution
pursuant to Section 1029 of Title 21 of the Oklahoma
Statutes, require such person to receive counseling for
the behavior which may have caused such person to
engage in prostitution activities. Such person may be
required to receive counseling in areas including but
not limited to alcohol and substance abuse, sexual
behavior problems, or domestic abuse or child abuse
problems,
ee. in the case of a sex offender sentenced after November
1, 1989, and required by law to register pursuant to
the Sex Offender Registration Act, the court shall
require the person to comply with sex offender specific
rules and conditions of supervision established by the
Department of Corrections and require the person to
participate in a treatment program designed for the
treatment of sex offenders during the period of time
0"* "".$! "!.! "42:7
while the offender is subject to supervision by the
Department of Corrections. The treatment program shall
include polygraph examinations specifically designed
for use with sex offenders for purposes of supervision
and treatment compliance, and shall be administered not
less than each six (6) months during the period of
supervision. The examination shall be administered by
a certified licensed polygraph examiner. The treatment
program must be approved by the Department of
Corrections or the Department of Mental Health and
Substance Abuse Services. Such treatment shall be at
the expense of the defendant based on the defendant's
ability to pay,
ff. in addition to other sentencing powers of the court,
the court in the case of a defendant being sentenced
for a felony conviction for a violation of Section 2-
402 of Title 63 of the Oklahoma Statutes which involves
marijuana may require the person to participate in a
drug court program, if available. If a drug court
program is not available, the defendant may be required
to participate in a community sanctions program, if
available,
gg. in the case of a person convicted of any false or bogus
check violation, as defined in Section 1541.4 of Title
21 of the Oklahoma Statutes, impose a fee of Twenty-
five Dollars ($25.00) to the victim for each check, and
impose a bogus check fee to be paid to the district
attorney. The bogus check fee paid to the district
attorney shall be equal to the amount assessed as court
costs plus Twenty-five Dollars ($25.00) for each check
upon filing of the case in district court. This money
shall be deposited in the Bogus Check Restitution
Program Fund as established in subsection B of Section
114 of this title. Additionally, the court may require
the offender to pay restitution and bogus check fees on
any other bogus check or checks that have been
submitted to the District Attorney Bogus Check
Restitution Program,
hh. in the case of a person being sentenced for a
conviction for a violation of Section 644 of Title 21
of the Oklahoma Statutes, require the person to receive
an assessment for batterers, which shall be conducted
through a certified treatment program for batterers,
and
ii. any other provision specifically ordered by the court.
However, any such order for restitution, community service,
payment to a local certified crime stoppers program, payment to the
0"* "".$! "!.! "42:8
Oklahoma Reward System, or confinement in the county jail, or a
combination thereof, shall be made in conjunction with probation and
shall be made a condition of the suspended sentence.
However, unless under the supervision of the district attorney,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district attorney during the first two (2) years of
probation to compensate the district attorney for the costs incurred
during the prosecution of the offender and for the additional work of
verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requirement in the best interests of justice. Any
fees collected by the district attorney pursuant to this paragraph
shall be deposited in the General Revenue Fund of the State Treasury.
The court shall not waive, suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that a
reduction in the fine, costs and costs of prosecution is warranted,
the court shall equally apply the same percentage reduction to the
fine, costs and costs of prosecution owed by the offender;
2. Impose a fine prescribed by law for the offense, with or
without probation or commitment and with or without restitution or
service as provided for in this section, Section 991a-4.1 of this
title or Section 227 of Title 57 of the Oklahoma Statutes;
3. Commit such person for confinement provided for by law with
or without restitution as provided for in this section;
4. Order the defendant to reimburse the Oklahoma State Bureau of
Investigation for costs incurred by that agency during its
investigation of the crime for which the defendant pleaded guilty,
nolo contendere or was convicted, including compensation for
laboratory, technical, or investigation services performed by the
Bureau if, in the opinion of the court, the defendant is able to pay
without imposing manifest hardship on the defendant, and if the costs
incurred by the Bureau during the investigation of the defendant's
case may be determined with reasonable certainty;
5. Order the defendant to reimburse the Oklahoma State Bureau of
Investigation for all costs incurred by that agency for cleaning up
an illegal drug laboratory site for which the defendant pleaded
guilty, nolo contendere or was convicted. The court clerk shall
collect the amount and may retain five percent (5%) of such monies to
be deposited in the Court Clerk Revolving Fund to cover
administrative costs and shall remit the remainder to the Oklahoma
State Bureau of Investigation to be deposited in the OSBI Revolving
Fund established by Section 150.19a of Title 74 of the Oklahoma
Statutes;
6. In addition to the other sentencing powers of the court, in
the case of a person convicted of operating or being in control of a
motor vehicle while the person was under the influence of alcohol,
other intoxicating substance, or a combination of alcohol or another
0"* "".$! "!.! "42:9
intoxicating substance, or convicted of operating a motor vehicle
while the ability of the person to operate such vehicle was impaired
due to the consumption of alcohol, require such person:
a. to participate in an alcohol and drug assessment and
evaluation by an assessment agency or assessment
personnel certified by the Department of Mental Health
and Substance Abuse Services pursuant to Section 3-460
of Title 43A of the Oklahoma Statutes and, as
determined by the assessment, participate in an alcohol
and drug substance abuse course or treatment program or
both, pursuant to Sections 3-452 and 3-453 of Title 43A
of the Oklahoma Statutes,
b. to attend a victims impact panel program, as defined in
subsection H of this section, if such a program is
offered in the county where the judgment is rendered,
and to pay a fee of not less than Fifteen Dollars
($15.00) nor more than Sixty Dollars ($60.00) as set by
the governing authority of the program and approved by
the court, to the program to offset the cost of
participation by the defendant, if in the opinion of
the court the defendant has the ability to pay such
fee,
c. to both participate in the alcohol and drug substance
abuse course or treatment program, pursuant to
subparagraph a of this paragraph and attend a victims
impact panel program, pursuant to subparagraph b of
this paragraph,
d. to install, at the expense of the person, an ignition
interlock device approved by the Board of Tests for
Alcohol and Drug Influence, upon every motor vehicle
operated by such person and to require that a notation
of this restriction be affixed to the person's driver
license at the time of reinstatement of the license.
The restriction shall remain on the driver license for
such period as the court shall determine. The
restriction may be modified or removed by order of the
court and notice of the order shall be given to the
Department of Public Safety. Upon the expiration of
the period for the restriction, the Department of
Public Safety shall remove the restriction without
further court order. Failure to comply with the order
to install an ignition interlock device or operating
any vehicle without such device during the period of
restriction shall be a violation of the sentence and
may be punished as deemed proper by the sentencing
court, or
0"* "".$! "!.! "42:
e. beginning January 1, 1993, to submit to electronically
monitored home detention administered and supervised by
the Department of Corrections, and to pay to the
Department a monitoring fee, not to exceed Seventy-five
Dollars ($75.00) a month, to the Department of
Corrections, if in the opinion of the court the
defendant has the ability to pay such fee. Any fees
collected pursuant to this subparagraph shall be
deposited in the Department of Corrections Revolving
Fund. Any order by the court for the payment of the
monitoring fee, if willfully disobeyed, may be enforced
as an indirect contempt of court;
7. In addition to the other sentencing powers of the court, in
the case of a person convicted of prostitution pursuant to Section
1029 of Title 21 of the Oklahoma Statutes, require such person to
receive counseling for the behavior which may have caused such person
to engage in prostitution activities. Such person may be required to
receive counseling in areas including but not limited to alcohol and
substance abuse, sexual behavior problems, or domestic abuse or child
abuse problems;
8. In addition to the other sentencing powers of the court, in
the case of a person convicted of any crime related to domestic
abuse, as defined in Section 60.1 of this title, the court may
require the defendant to undergo the treatment or participate in an
intervention program for batterers certified by the Office of the
Attorney General, necessary to bring about the cessation of domestic
abuse. In the instance where the defendant alleges that he or she is
a victim of domestic abuse and the current conviction is a response
to that abuse, the court may require the defendant to undergo an
assessment by a domestic violence program certified by the Office of
the Attorney General, and, if based upon the results of the
assessment, the defendant is determined to be a victim of domestic
violence, the defendant shall undergo treatment and participate in a
certified program for domestic violence victims. The defendant may
be required to pay all or part of the cost of the treatment or
counseling services;
9. In addition to the other sentencing powers of the court, the
court, in the case of a sex offender sentenced after November 1,
1989, and required by law to register pursuant to the Sex Offenders
Registration Act, shall require the person to participate in a
treatment program designed specifically for the treatment of sex
offenders, if available. The treatment program will include
polygraph examinations specifically designed for use with sex
offenders for the purpose of supervision and treatment compliance,
provided the examination is administered by a certified licensed
polygraph examiner. The treatment program must be approved by the
Department of Corrections or the Department of Mental Health and
0"* "".$! "!.! "42
Substance Abuse Services. Such treatment shall be at the expense of
the defendant based on the defendant's ability to pay;
10. In addition to the other sentencing powers of the court, the
court, in the case of a person convicted of child abuse or neglect,
as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes,
may require the person to undergo treatment or to participate in
counseling services. The defendant may be required to pay all or
part of the cost of the treatment or counseling services;
11. In addition to the other sentencing powers of the court, the
court, in the case of a person convicted of cruelty to animals
pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may
require the person to pay restitution to animal facilities for
medical care and any boarding costs of victimized animals;
12. In addition to the other sentencing powers of the court, a
sex offender who is habitual or aggravated as defined by Section 584
of Title 57 of the Oklahoma Statutes and who is required to register
as a sex offender pursuant to the Oklahoma Sex Offenders Registration
Act shall be supervised by the Department of Corrections for the
duration of the registration period and shall be assigned to a global
position monitoring device by the Department of Corrections for the
duration of the registration period. The cost of such monitoring
device shall be reimbursed by the offender;
13. In addition to the other sentencing powers of the court, in
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Registration Act, the court may
prohibit the person from accessing or using any Internet social
networking web site that has the potential or likelihood of allowing
the sex offender to have contact with any child who is under the age
of eighteen (18) years; or
14. In addition to the other sentencing powers of the court, in
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Registration Act, the court shall
require the person to register any electronic mail address
information, instant message, chat or other Internet communication
name or identity information that the person uses or intends to use
while accessing the Internet or used for other purposes of social
networking or other similar Internet communication.
B. Notwithstanding any other provision of law, any person who is
found guilty of a violation of any provision of Section 761 or 11-902
of Title 47 of the Oklahoma Statutes or any person pleading guilty or
nolo contendere for a violation of any provision of such sections
shall be ordered to participate in, prior to sentencing, an alcohol
and drug assessment and evaluation by an assessment agency or
assessment personnel certified by the Department of Mental Health and
Substance Abuse Services for the purpose of evaluating the
receptivity to treatment and prognosis of the person. The court
shall order the person to reimburse the agency or assessor for the
0"* "".$! "!.! "42
evaluation. The fee shall be the amount provided in subsection C of
Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
shall be conducted at a certified assessment agency, the office of a
certified assessor or at another location as ordered by the court.
The agency or assessor shall, within seventy-two (72) hours from the
time the person is assessed, submit a written report to the court for
the purpose of assisting the court in its final sentencing
determination. No person, agency or facility operating an alcohol
and drug substance abuse evaluation program certified by the
Department of Mental Health and Substance Abuse Services shall
solicit or refer any person evaluated pursuant to this subsection for
any treatment program or alcohol and drug substance abuse service in
which such person, agency or facility has a vested interest; however,
this provision shall not be construed to prohibit the court from
ordering participation in or any person from voluntarily utilizing a
treatment program or alcohol and drug substance abuse service offered
by such person, agency or facility. If a person is sentenced to the
custody of the Department of Corrections and the court has received a
written evaluation report pursuant to this subsection, the report
shall be furnished to the Department of Corrections with the judgment
and sentence. Any evaluation report submitted to the court pursuant
to this subsection shall be handled in a manner which will keep such
report confidential from the general public's review. Nothing
contained in this subsection shall be construed to prohibit the court
from ordering judgment and sentence in the event the defendant fails
or refuses to comply with an order of the court to obtain the
evaluation required by this subsection.
C. When sentencing a person convicted of a crime, the court
shall first consider a program of restitution for the victim, as well
as imposition of a fine or incarceration of the offender. The
provisions of paragraph 1 of subsection A of this section shall not
apply to a defendant being sentenced for:
1. A third or subsequent conviction of a violent crime
enumerated in Section 571 of Title 57 of the Oklahoma Statutes;
2. A fourth or subsequent conviction for any other felony crime;
or
3. Beginning January 1, 1993, a defendant being sentenced for a
second or subsequent felony conviction for violation of Section 11-
902 of Title 47 of the Oklahoma Statutes, except as otherwise
provided in this subsection.
In the case of a person being sentenced for a second or
subsequent felony conviction for violation of Section 11-902 of Title
47 of the Oklahoma Statutes, the court may sentence the person
pursuant to the provisions of paragraph 1 of subsection A of this
section if the court orders the person to submit to electronically
monitored home detention administered and supervised by the
Department of Corrections pursuant to subparagraph e of paragraph 7
0"* "".$! "!.! "42+
of subsection A of this section. Provided, the court may waive these
prohibitions upon written application of the district attorney. Both
the application and the waiver shall be made part of the record of
the case.
D. When sentencing a person convicted of a crime, the judge
shall consider any victims impact statements if submitted to the
jury, or the judge in the event a jury is waived.
E. Probation, for purposes of subsection A of this section, is a
procedure by which a defendant found guilty of a crime, whether upon
a verdict or plea of guilty or upon a plea of nolo contendere, is
released by the court subject to conditions imposed by the court and
subject to supervision by the Department of Corrections, a private
supervision provider or other person designated by the court. Such
supervision shall be initiated upon an order of probation from the
court, and shall not exceed two (2) years, unless a petition alleging
a violation of any condition of deferred judgment or seeking
revocation of the suspended sentence is filed during the supervision,
or as otherwise provided by law. In the case of a person convicted
of a sex offense, supervision shall begin immediately upon release
from incarceration or if parole is granted and shall not be limited
to two (2) years. Provided further, any supervision provided for in
this section may be extended for a period not to exceed the
expiration of the maximum term or terms of the sentence upon a
determination by the court or the Division of Probation and Parole of
the Department of Corrections that the best interests of the public
and the release will be served by an extended period of supervision.
Any supervision provided for under this section may not have the
period of supervision extended for a failure to pay fines, fees and
other costs, excluding restitution, except upon a finding of willful
nonpayment.
F. The Department of Corrections, or such other agency as the
court may designate, shall be responsible for the monitoring and
administration of the restitution and service programs provided for
by subparagraphs a, c, and d of paragraph 1 of subsection A of this
section, and shall ensure that restitution payments are forwarded to
the victim and that service assignments are properly performed.
G. 1. The Department of Corrections is hereby authorized,
subject to funds available through appropriation by the Legislature,
to contract with counties for the administration of county Community
Service Sentencing Programs.
2. Any offender eligible to participate in the Program pursuant
to Section 991a et seq. of this title shall be eligible to
participate in a county Program; provided, participation in county-
funded Programs shall not be limited to offenders who would otherwise
be sentenced to confinement with the Department of Corrections.
3. The Department shall establish criteria and specifications
for contracts with counties for such Programs. A county may apply to
0"* "".$! "!.! "42-
the Department for a contract for a county-funded Program for a
specific period of time. The Department shall be responsible for
ensuring that any contracting county complies in full with
specifications and requirements of the contract. The contract shall
set appropriate compensation to the county for services to the
Department.
4. The Department is hereby authorized to provide technical
assistance to any county in establishing a Program, regardless of
whether the county enters into a contract pursuant to this
subsection. Technical assistance shall include appropriate staffing,
development of community resources, sponsorship, supervision and any
other requirements.
5. The Department shall annually make a report to the Governor,
the President Pro Tempore of the Senate and the Speaker of the House
on the number of such Programs, the number of participating
offenders, the success rates of each Program according to criteria
established by the Department and the costs of each Program.
H. As used in this section:
1. "Ignition interlock device" means a device that, without
tampering or intervention by another person, would prevent the
defendant from operating a motor vehicle if the defendant has a blood
or breath alcohol concentration of two-hundredths (0.02) or greater;
2. "Electronically monitored home detention" means incarceration
of the defendant within a specified location or locations with
monitoring by means of a device approved by the Department of
Corrections that detects if the person leaves the confines of any
specified location; and
3. "Victims impact panel program" means a meeting with at least
one live presenter who will share personal stories with participants
about how alcohol, drug abuse and the illegal conduct of others has
personally impacted the life of the presenter. A victims impact
panel program shall be attended by persons who have committed the
offense of driving, operating or being in actual physical control of
a motor vehicle while under the influence of alcohol or other
intoxicating substance. Persons attending a victims impact panel
program shall be required to pay a fee of not less than Fifteen
Dollars ($15.00) nor more than Sixty Dollars ($60.00) to the provider
of the program. A certificate of completion shall be issued to the
person upon satisfying the attendance and fee requirements of the
victims impact panel program. A victims impact panel program shall
not be provided by any certified assessment agency or certified
assessor. The provider of the victims impact panel program shall
carry general liability insurance and maintain an accurate accounting
of all business transactions and funds received in relation to the
victims impact panel program.
I. A person convicted of a felony offense or receiving any form
of probation for an offense in which registration is required
0"* "".$! "!.! "422
pursuant to the Sex Offenders Registration Act, shall submit to
deoxyribonucleic acid DNA testing for law enforcement identification
purposes in accordance with Section 150.27 of Title 74 of the
Oklahoma Statutes and the rules promulgated by the Oklahoma State
Bureau of Investigation for the OSBI Combined DNA Index System
(CODIS) Database. Subject to the availability of funds, any person
convicted of a misdemeanor offense of assault and battery, domestic
abuse, stalking, possession of a controlled substance prohibited
under Schedule IV of the Uniform Controlled Dangerous Substances Act,
outraging public decency, resisting arrest, escape or attempting to
escape, eluding a police officer, Peeping Tom, pointing a firearm,
unlawful carry of a firearm, illegal transport of a firearm,
discharging of a firearm, threatening an act of violence, breaking
and entering a dwelling place, destruction of property, negligent
homicide, or causing a personal injury accident while driving under
the influence of any intoxicating substance, or any alien unlawfully
present under federal immigration law, upon arrest, shall submit to
deoxyribonucleic acid DNA testing for law enforcement identification
purposes in accordance with Section 150.27 of Title 74 of the
Oklahoma Statutes and the rules promulgated by the Oklahoma State
Bureau of Investigation for the OSBI Combined DNA Index System
(CODIS) Database. Any defendant sentenced to probation shall be
required to submit to testing within thirty (30) days of sentencing
either to the Department of Corrections or to the county sheriff or
other peace officer as directed by the court. Defendants who are
sentenced to a term of incarceration shall submit to testing in
accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,
for those defendants who enter the custody of the Department of
Corrections or to the county sheriff, for those defendants sentenced
to incarceration in a county jail. Convicted individuals who have
previously submitted to DNA testing under this section and for whom a
valid sample is on file in the OSBI Combined DNA Index System (CODIS)
Database at the time of sentencing shall not be required to submit to
additional testing. Except as required by the Sex Offenders
Registration Act, a deferred judgment does not require submission to
deoxyribonucleic acid testing.
Any person who is incarcerated in the custody of the Department
of Corrections after July 1, 1996, and who has not been released
before January 1, 2006, shall provide a blood or saliva sample prior
to release. Every person subject to DNA testing after January 1,
2006, whose sentence does not include a term of confinement with the
Department of Corrections, shall submit a blood or saliva sample.
Every person subject to DNA testing who is sentenced to unsupervised
probation or otherwise not supervised by the Department of
Corrections shall submit for blood or saliva testing to the sheriff
of the sentencing county.
0"* "".$! "!.! "425
J. Samples of blood or saliva for DNA testing required by
subsection I of this section shall be taken by employees or
contractors of the Department of Corrections, peace officers, or the
county sheriff or employees or contractors of the sheriff's office.
The individuals shall be properly trained to collect blood or saliva
samples. Persons collecting blood or saliva for DNA testing pursuant
to this section shall be immune from civil liabilities arising from
this activity. All collectors of DNA samples shall ensure the
collection of samples are mailed to the Oklahoma State Bureau of
Investigation within ten (10) days of the time the subject appears
for testing or within ten (10) days of the date the subject comes
into physical custody to serve a term of incarceration. All
collectors of DNA samples shall use sample kits provided by the OSBI
and procedures promulgated by the OSBI. Persons subject to DNA
testing who are not received at the Lexington Assessment and
Reception Center shall be required to pay a fee of Fifteen Dollars
($15.00) to the agency collecting the sample for submission to the
OSBI Combined DNA Index System (CODIS) Database. Any fees collected
pursuant to this subsection shall be deposited in the revolving
account or the service fee account of the collection agency or
department.
K. When sentencing a person who has been convicted of a crime
that would subject that person to the provisions of the Sex Offenders
Registration Act, neither the court nor the district attorney shall
be allowed to waive or exempt such person from the registration
requirements of the Sex Offenders Registration Act.
Added by Laws 1968, c. 204, § 1, emerg. eff. April 22, 1968. Amended
by Laws 1970, c. 312, § 1; Laws 1971, c. 90, § 1, emerg. eff. April
16, 1971; Laws 1976, c. 160, § 1, eff. Oct. 1, 1976; Laws 1978, c.
223, § 1; Laws 1979, c. 66, § 1, emerg. eff. April 16, 1979; Laws
1981, c. 124, § 1; Laws 1982, c. 8, § 1, emerg. eff. March 15, 1982;
Laws 1983, c. 23, § 1, eff. Nov. 1, 1983; Laws 1985, c. 59, § 1, eff.
Nov. 1, 1985; Laws 1986, c. 240, § 4, eff. Nov. 1, 1986; Laws 1987,
c. 224, § 11, eff. Nov. 1, 1987; Laws 1988, c. 150, § 2, eff. Nov. 1,
1988; Laws 1989, c. 197, § 11, eff. Nov. 1, 1989; Laws 1990, c. 152,
§ 1, eff. Sept. 1, 1990; Laws 1991, c. 200, § 3, eff. Sept. 1, 1991;
Laws 1991, c. 335, § 8, emerg. eff. June 15, 1991; Laws 1992, c. 136,
§ 4, eff. July 1, 1992; Laws 1992, c. 382, § 3, emerg. eff. June 9,
1992; Laws 1993, c. 10, § 3, emerg. eff. March 21, 1993; Laws 1993,
c. 166, § 1, eff. Sept. 1, 1993; Laws 1993, c. 339, § 1, eff. Sept.
1, 1993; Laws 1994, c. 2, § 9, emerg. eff. March 2, 1994; Laws 1994,
c. 308, § 1, emerg. eff. June 7, 1994; Laws 1996, c. 153, § 4, emerg.
eff. May 7, 1996; Laws 1997, c. 150, § 1, eff. Nov. 1, 1997; Laws
1997, c. 420, § 1, emerg. eff. June 13, 1997; Laws 1999, 1st Ex.
Sess., c. 4, § 31, eff. July 1, 1999; Laws 2000, c. 112, § 1, emerg.
eff. April 20, 2000; Laws 2000, c. 349, § 1, eff. Nov. 1, 2000; Laws
2001, c. 437, § 17, eff. July 1, 2001; Laws 2002, c. 22, § 10, emerg.
0"* "".$! "!.! "427
eff. March 8, 2002; Laws 2002, c. 235, § 1, emerg. eff. May 9, 2002;
Laws 2002, c. 464, § 1, emerg. eff. June 5, 2002; Laws 2003, c. 178,
§ 1, eff. July 1, 2003; Laws 2003, c. 474, § 3, eff. Nov. 1, 2003;
Laws 2004, c. 5, § 11, emerg. eff. March 1, 2004; Laws 2004, c. 143,
§ 1, eff. Nov. 1, 2004; Laws 2004, c. 418, § 2, eff. July 1, 2004;
Laws 2005, c. 188, § 2, emerg. eff. May 17, 2005; Laws 2005, c. 441,
§ 2, eff. Jan. 1, 2006; Laws 2006, c. 16, § 3, emerg. eff. March 29,
2006; Laws 2006, c. 294, § 1, eff. July 1, 2006; Laws 2007, c. 1, §
16, emerg. eff. Feb. 22, 2007; Laws 2007, c. 30, § 1, eff. Nov. 1,
2007; Laws 2007, c. 182, § 1, eff. Nov. 1, 2007; Laws 2008, c. 3, §
19, emerg. eff. Feb. 28, 2008; Laws 2009, c. 218, § 2, emerg. eff.
May 19, 2009; Laws 2010, c. 2, § 10, emerg. eff. March 3, 2010; Laws
2010, c. 37, § 2, eff. Nov. 1, 2010; Laws 2010, c. 237, § 1, eff.
Nov. 1, 2010; Laws 2013, c. 80, § 1; Laws 2013, c. 175, § 1, eff.
Nov. 1, 2013; Laws 2014, c. 157, § 1, eff. Nov. 1, 2014; Laws 2017,
c. 194, § 2, eff. Nov. 1, 2017; Laws 2018, c. 128, § 10, eff. Nov. 1,
2018; Laws 2019, c. 453, § 1, eff. July 1, 2019.
NOTE: Laws 1991, c. 17, § 1 repealed by Laws 1991, c. 335, § 37,
emerg. eff. June 15, 1991. Laws 1992, c. 379, § 2 repealed by Laws
1993, c. 10, § 16, emerg. eff. March 21, 1993. Laws 1993, c. 325, §
19 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.
Laws 1994, c. 40, § 1 and Laws 1994, c. 188, § 2 repealed by Laws
1997, c. 133, § 605, emerg. eff. April 22, 1997. Laws 1997, c. 9, §
2 repealed by Laws 1997, c. 260, § 12, eff. Nov. 1, 1997. Laws 1997,
c. 133, § 65 and Laws 1997, c. 260, § 9 repealed by Laws 1999, 1st
Ex. Sess., c. 5, § 452, eff. July 1, 1999. Laws 2000, c. 39, § 3
repealed by Laws 2000, c. 334, § 10, emerg. eff. June 5, 2000 and by
Laws 2000, c. 349, § 7, eff. Nov. 1, 2000. Laws 2000, c. 334, § 2
repealed by Laws 2001, c. 5, § 7, emerg. eff. March 21, 2001. Laws
2001, c. 170, § 1 and Laws 2001, c. 225, § 2 repealed by Laws 2002,
c. 22, § 34, emerg. eff. March 8, 2002. Laws 2003, c. 306, § 1
repealed by Laws 2004, c. 5, § 12, emerg. eff. March 1, 2004. Laws
2003, c. 363, § 2 repealed by Laws 2004, c. 5, § 13, emerg. eff.
March 1, 2004. Laws 2005, c. 183, § 1 repealed by Laws 2006, c. 16,
§ 4, emerg. eff. March 29, 2006. Laws 2006, c. 284, § 6 repealed by
Laws 2007, c. 1, § 17, emerg. eff. Feb. 22, 2007. Laws 2007, c. 261,
§ 21 repealed by Laws 2008, c. 3, § 20, emerg. eff. Feb. 28, 2008.
Laws 2009, c. 234, § 132 repealed by Laws 2010, c. 2, § 11, emerg.
eff. March 3, 2010.
NOTE: Laws 2017, c. 194, § 2 was purportedly repealed by Laws 2018,
c. 304, § 11 but without reference to Laws 2018, c. 128, § 10, which
amended it.
§22-991av2. Sentencing powers of court - Alcohol and drug assessment
and evaluation - Restitution, fines, or incarceration - Victim impact
statements - Probation and monitoring - DNA samples.
0"* "".$! "!.! "428
A. Except as otherwise provided in the Elderly and Incapacitated
Victim's Protection Program, when a defendant is convicted of a crime
and no death sentence is imposed, the court shall either:
1. Suspend the execution of sentence in whole or in part, with
or without probation. The court, in addition, may order the
convicted defendant at the time of sentencing or at any time during
the suspended sentence to do one or more of the following:
a. to provide restitution to the victim as provided by
Section 991f et seq. of this title or according to a
schedule of payments established by the sentencing
court, together with interest upon any pecuniary sum at
the rate of twelve percent (12%) per annum, if the
defendant agrees to pay such restitution or, in the
opinion of the court, if the defendant is able to pay
such restitution without imposing manifest hardship on
the defendant or the immediate family and if the extent
of the damage to the victim is determinable with
reasonable certainty,
b. to reimburse any state agency for amounts paid by the
state agency for hospital and medical expenses incurred
by the victim or victims, as a result of the criminal
act for which such person was convicted, which
reimbursement shall be made directly to the state
agency, with interest accruing thereon at the rate of
twelve percent (12%) per annum,
c. to engage in a term of community service without
compensation, according to a schedule consistent with
the employment and family responsibilities of the
person convicted,
d. to pay a reasonable sum into any trust fund,
established pursuant to the provisions of Sections 176
through 180.4 of Title 60 of the Oklahoma Statutes, and
which provides restitution payments by convicted
defendants to victims of crimes committed within this
state wherein such victim has incurred a financial
loss,
e. to confinement in the county jail for a period not to
exceed six (6) months,
f. to confinement as provided by law together with a term
of post-imprisonment community supervision for not less
than three (3) years of the total term allowed by law
for imprisonment, with or without restitution;
provided, however, the authority of this provision is
limited to Section 843.5 of Title 21 of the Oklahoma
Statutes when the offense involved sexual abuse or
sexual exploitation; Sections 681, 741 and 843.1 of
Title 21 of the Oklahoma Statutes when the offense
0"* "".$! "!.! "429
involved sexual abuse or sexual exploitation; and
Sections 865 et seq., 885, 886, 888, 891, 1021, 1021.2,
1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and 1123 of
Title 21 of the Oklahoma Statutes,
g. to repay the reward or part of the reward paid by a
local certified crime stoppers program and the Oklahoma
Reward System. In determining whether the defendant
shall repay the reward or part of the reward, the court
shall consider the ability of the defendant to make the
payment, the financial hardship on the defendant to
make the required payment, and the importance of the
information to the prosecution of the defendant as
provided by the arresting officer or the district
attorney with due regard for the confidentiality of the
records of the local certified crime stoppers program
and the Oklahoma Reward System. The court shall assess
this repayment against the defendant as a cost of
prosecution. The term "certified" means crime stoppers
organizations that annually meet the certification
standards for crime stoppers programs established by
the Oklahoma Crime Stoppers Association to the extent
those standards do not conflict with state statutes.
The term "court" refers to all municipal and district
courts within this state. The "Oklahoma Reward System"
means the reward program established by Section 150.18
of Title 74 of the Oklahoma Statutes,
h. to reimburse the Oklahoma State Bureau of Investigation
for costs incurred by that agency during its
investigation of the crime for which the defendant
pleaded guilty, nolo contendere or was convicted,
including compensation for laboratory, technical, or
investigation services performed by the Bureau if, in
the opinion of the court, the defendant is able to pay
without imposing manifest hardship on the defendant,
and if the costs incurred by the Bureau during the
investigation of the defendant's case may be determined
with reasonable certainty,
i. to reimburse the Oklahoma State Bureau of Investigation
and any authorized law enforcement agency for all costs
incurred by that agency for cleaning up an illegal drug
laboratory site for which the defendant pleaded guilty,
nolo contendere or was convicted. The court clerk
shall collect the amount and may retain five percent
(5%) of such monies to be deposited in the Court Clerk
Revolving Fund to cover administrative costs and shall
remit the remainder to the Oklahoma State Bureau of
Investigation to be deposited in the OSBI Revolving
0"* "".$! "!.! "42:
Fund established by Section 150.19a of Title 74 of the
Oklahoma Statutes or to the general fund wherein the
other law enforcement agency is located,
j. to pay a reasonable sum to the Crime Victims
Compensation Board, created by Section 142.2 et seq. of
Title 21 of the Oklahoma Statutes, for the benefit of
crime victims,
k. to reimburse the court fund for amounts paid to court-
appointed attorneys for representing the defendant in
the case in which the person is being sentenced,
l. to participate in an assessment and evaluation by an
assessment agency or assessment personnel certified by
the Department of Mental Health and Substance Abuse
Services pursuant to Section 3-460 of Title 43A of the
Oklahoma Statutes and, as determined by the assessment,
participate in an alcohol and drug substance abuse
course or treatment program or both, pursuant to
Sections 3-452 and 3-453 of Title 43A of the Oklahoma
Statutes, or as ordered by the court,
m. to be placed in a victims impact panel program, as
defined in subsection H of this section, or
victim/offender reconciliation program and payment of a
fee to the program of not less than Fifteen Dollars
($15.00) nor more than Sixty Dollars ($60.00) as set by
the governing authority of the program to offset the
cost of participation by the defendant. Provided, each
victim/offender reconciliation program shall be
required to obtain a written consent form voluntarily
signed by the victim and defendant that specifies the
methods to be used to resolve the issues, the
obligations and rights of each person, and the
confidentiality of the proceedings. Volunteer
mediators and employees of a victim/offender
reconciliation program shall be immune from liability
and have rights of confidentiality as provided in
Section 1805 of Title 12 of the Oklahoma Statutes,
n. to install, at the expense of the defendant, an
ignition interlock device approved by the Board of
Tests for Alcohol and Drug Influence. The device shall
be installed upon every motor vehicle operated by the
defendant, and the court shall require that a notation
of this restriction be affixed to the defendant's
driver license. The restriction shall remain on the
driver license not exceeding two (2) years to be
determined by the court. The restriction may be
modified or removed only by order of the court and
notice of any modification order shall be given to the
0"* "".$! "!.! "42
Department of Public Safety. Upon the expiration of
the period for the restriction, the Department of
Public Safety shall remove the restriction without
further court order. Failure to comply with the order
to install an ignition interlock device or operating
any vehicle without a device during the period of
restriction shall be a violation of the sentence and
may be punished as deemed proper by the sentencing
court. As used in this paragraph, "ignition interlock
device" means a device that, without tampering or
intervention by another person, would prevent the
defendant from operating a motor vehicle if the
defendant has a blood or breath alcohol concentration
of two-hundredths (0.02) or greater,
o. to be confined by electronic monitoring administered
and supervised by the Department of Corrections or a
community sentence provider, and payment of a
monitoring fee to the supervising authority, not to
exceed Three Hundred Dollars ($300.00) per month. Any
fees collected pursuant to this paragraph shall be
deposited with the appropriate supervising authority.
Any willful violation of an order of the court for the
payment of the monitoring fee shall be a violation of
the sentence and may be punished as deemed proper by
the sentencing court. As used in this paragraph,
"electronic monitoring" means confinement of the
defendant within a specified location or locations with
supervision by means of an electronic device approved
by the Department of Corrections which is designed to
detect if the defendant is in the court-ordered
location at the required times and which records
violations for investigation by a qualified supervisory
agency or person,
p. to perform one or more courses of treatment, education
or rehabilitation for any conditions, behaviors,
deficiencies or disorders which may contribute to
criminal conduct, including but not limited to alcohol
and substance abuse, mental health, emotional health,
physical health, propensity for violence, antisocial
behavior, personality or attitudes, deviant sexual
behavior, child development, parenting assistance, job
skills, vocational-technical skills, domestic
relations, literacy, education, or any other
identifiable deficiency which may be treated
appropriately in the community and for which a
certified provider or a program recognized by the court
as having significant positive impact exists in the
0"* "".$! "!.! "42
community. Any treatment, education or rehabilitation
provider required to be certified pursuant to law or
rule shall be certified by the appropriate state agency
or a national organization,
q. to submit to periodic testing for alcohol, intoxicating
substance, or controlled dangerous substances by a
qualified laboratory,
r. to pay a fee, costs for treatment, education,
supervision, participation in a program, or any
combination thereof as determined by the court, based
upon the defendant's ability to pay the fees or costs,
s. to be supervised by a Department of Corrections
employee, a private supervision provider, or other
person designated by the court,
t. to obtain positive behavior modeling by a trained
mentor,
u. to serve a term of confinement in a restrictive housing
facility available in the community,
v. to serve a term of confinement in the county jail at
night or during weekends pursuant to Section 991a-2 of
this title or for work release,
w. to obtain employment or participate in employment-
related activities,
x. to participate in mandatory day reporting to facilities
or persons for services, payments, duties or person-to-
person contacts as specified by the court,
y. to pay day fines not to exceed fifty percent (50%) of
the net wages earned. For purposes of this paragraph,
"day fine" means the offender is ordered to pay an
amount calculated as a percentage of net daily wages
earned. The day fine shall be paid to the local
community sentencing system as reparation to the
community. Day fines shall be used to support the
local system,
z. to submit to blood or saliva testing as required by
subsection I of this section,
aa. to repair or restore property damaged by the
defendant's conduct, if the court determines the
defendant possesses sufficient skill to repair or
restore the property and the victim consents to the
repairing or restoring of the property,
bb. to restore damaged property in kind or payment of out-
of-pocket expenses to the victim, if the court is able
to determine the actual out-of-pocket expenses suffered
by the victim,
0"* "".$! "!.! "42+
cc. to attend a victim-offender reconciliation program if
the victim agrees to participate and the offender is
deemed appropriate for participation,
dd. in the case of a person convicted of prostitution
pursuant to Section 1029 of Title 21 of the Oklahoma
Statutes, require such person to receive counseling for
the behavior which may have caused such person to
engage in prostitution activities. Such person may be
required to receive counseling in areas including but
not limited to alcohol and substance abuse, sexual
behavior problems, or domestic abuse or child abuse
problems,
ee. in the case of a sex offender sentenced after November
1, 1989, and required by law to register pursuant to
the Sex Offender Registration Act, the court shall
require the person to comply with sex offender specific
rules and conditions of supervision established by the
Department of Corrections and require the person to
participate in a treatment program designed for the
treatment of sex offenders during the period of time
while the offender is subject to supervision by the
Department of Corrections. The treatment program shall
include polygraph examinations specifically designed
for use with sex offenders for purposes of supervision
and treatment compliance, and shall be administered not
less than each six (6) months during the period of
supervision. The examination shall be administered by
a certified licensed polygraph examiner. The treatment
program must be approved by the Department of
Corrections or the Department of Mental Health and
Substance Abuse Services. Such treatment shall be at
the expense of the defendant based on the defendant's
ability to pay,
ff. in addition to other sentencing powers of the court,
the court in the case of a defendant being sentenced
for a felony conviction for a violation of Section 2-
402 of Title 63 of the Oklahoma Statutes which involves
marijuana may require the person to participate in a
drug court program, if available. If a drug court
program is not available, the defendant may be required
to participate in a community sanctions program, if
available,
gg. in the case of a person convicted of any false or bogus
check violation, as defined in Section 1541.4 of Title
21 of the Oklahoma Statutes, impose a fee of Twenty-
five Dollars ($25.00) to the victim for each check, and
impose a bogus check fee to be paid to the district
0"* "".$! "!.! "42-
attorney. The bogus check fee paid to the district
attorney shall be equal to the amount assessed as court
costs plus Twenty-five Dollars ($25.00) for each check
upon filing of the case in district court. This money
shall be deposited in the Bogus Check Restitution
Program Fund as established in subsection B of Section
114 of this title. Additionally, the court may require
the offender to pay restitution and bogus check fees on
any other bogus check or checks that have been
submitted to the District Attorney Bogus Check
Restitution Program, and
hh. any other provision specifically ordered by the court.
However, any such order for restitution, community service,
payment to a local certified crime stoppers program, payment to the
Oklahoma Reward System, or confinement in the county jail, or a
combination thereof, shall be made in conjunction with probation and
shall be made a condition of the suspended sentence.
However, unless under the supervision of the district attorney,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district attorney during the first two (2) years of
probation to compensate the district attorney for the costs incurred
during the prosecution of the offender and for the additional work of
verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requirement in the best interests of justice. The
court shall not waive, suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that a
reduction in the fine, costs and costs of prosecution is warranted,
the court shall equally apply the same percentage reduction to the
fine, costs and costs of prosecution owed by the offender;
2. Impose a fine prescribed by law for the offense, with or
without probation or commitment and with or without restitution or
service as provided for in this section, Section 991a-4.1 of this
title or Section 227 of Title 57 of the Oklahoma Statutes;
3. Commit such person for confinement provided for by law with
or without restitution as provided for in this section;
4. Order the defendant to reimburse the Oklahoma State Bureau of
Investigation for costs incurred by that agency during its
investigation of the crime for which the defendant pleaded guilty,
nolo contendere or was convicted, including compensation for
laboratory, technical, or investigation services performed by the
Bureau if, in the opinion of the court, the defendant is able to pay
without imposing manifest hardship on the defendant, and if the costs
incurred by the Bureau during the investigation of the defendant's
case may be determined with reasonable certainty;
5. Order the defendant to reimburse the Oklahoma State Bureau of
Investigation for all costs incurred by that agency for cleaning up
0"* "".$! "!.! "422
an illegal drug laboratory site for which the defendant pleaded
guilty, nolo contendere or was convicted. The court clerk shall
collect the amount and may retain five percent (5%) of such monies to
be deposited in the Court Clerk Revolving Fund to cover
administrative costs and shall remit the remainder to the Oklahoma
State Bureau of Investigation to be deposited in the OSBI Revolving
Fund established by Section 150.19a of Title 74 of the Oklahoma
Statutes;
6. In the case of nonviolent felony offenses, sentence such
person to the Community Service Sentencing Program;
7. In addition to the other sentencing powers of the court, in
the case of a person convicted of operating or being in control of a
motor vehicle while the person was under the influence of alcohol,
other intoxicating substance, or a combination of alcohol or another
intoxicating substance, or convicted of operating a motor vehicle
while the ability of the person to operate such vehicle was impaired
due to the consumption of alcohol, require such person:
a. to participate in an alcohol and drug assessment and
evaluation by an assessment agency or assessment
personnel certified by the Department of Mental Health
and Substance Abuse Services pursuant to Section 3-460
of Title 43A of the Oklahoma Statutes and, as
determined by the assessment, participate in an alcohol
and drug substance abuse course or treatment program or
both, pursuant to Sections 3-452 and 3-453 of Title 43A
of the Oklahoma Statutes,
b. to attend a victims impact panel program, as defined in
subsection H of this section, and to pay a fee of not
more than Sixty Dollars ($60.00) as set by the
governing authority of the program and approved by the
court, to the program to offset the cost of
participation by the defendant, if in the opinion of
the court the defendant has the ability to pay such
fee,
c. to both participate in the alcohol and drug substance
abuse course or treatment program, pursuant to
subparagraph a of this paragraph and attend a victims
impact panel program, pursuant to subparagraph b of
this paragraph,
d. to install, at the expense of the person, an ignition
interlock device approved by the Board of Tests for
Alcohol and Drug Influence, upon every motor vehicle
operated by such person and to require that a notation
of this restriction be affixed to the person's driver
license at the time of reinstatement of the license.
The restriction shall remain on the driver license for
such period as the court shall determine. The
0"* "".$! "!.! "425
restriction may be modified or removed by order of the
court and notice of the order shall be given to the
Department of Public Safety. Upon the expiration of
the period for the restriction, the Department of
Public Safety shall remove the restriction without
further court order. Failure to comply with the order
to install an ignition interlock device or operating
any vehicle without such device during the period of
restriction shall be a violation of the sentence and
may be punished as deemed proper by the sentencing
court, or
e. beginning January 1, 1993, to submit to electronically
monitored home detention administered and supervised by
the Department of Corrections, and to pay to the
Department a monitoring fee, not to exceed Seventy-five
Dollars ($75.00) a month, to the Department of
Corrections, if in the opinion of the court the
defendant has the ability to pay such fee. Any fees
collected pursuant to this subparagraph shall be
deposited in the Department of Corrections Revolving
Fund. Any order by the court for the payment of the
monitoring fee, if willfully disobeyed, may be enforced
as an indirect contempt of court;
8. In addition to the other sentencing powers of the court, in
the case of a person convicted of prostitution pursuant to Section
1029 of Title 21 of the Oklahoma Statutes, require such person to
receive counseling for the behavior which may have caused such person
to engage in prostitution activities. Such person may be required to
receive counseling in areas including but not limited to alcohol and
substance abuse, sexual behavior problems, or domestic abuse or child
abuse problems;
9. In addition to the other sentencing powers of the court, in
the case of a person convicted of any crime related to domestic
abuse, as defined in Section 60.1 of this title, the court may
require the defendant to undergo the treatment or participate in the
counseling services necessary to bring about the cessation of
domestic abuse against the victim. The defendant may be required to
pay all or part of the cost of the treatment or counseling services;
10. In addition to the other sentencing powers of the court, the
court, in the case of a sex offender sentenced after November 1,
1989, and required by law to register pursuant to the Sex Offenders
Registration Act, shall require the person to participate in a
treatment program designed specifically for the treatment of sex
offenders, if available. The treatment program will include
polygraph examinations specifically designed for use with sex
offenders for the purpose of supervision and treatment compliance,
provided the examination is administered by a certified licensed
0"* "".$! "!.! "427
polygraph examiner. The treatment program must be approved by the
Department of Corrections or the Department of Mental Health and
Substance Abuse Services. Such treatment shall be at the expense of
the defendant based on the defendant's ability to pay;
11. In addition to the other sentencing powers of the court, the
court, in the case of a person convicted of child abuse or neglect,
as defined in Section 1-1-105 of Title 10A of the Oklahoma Statutes,
may require the person to undergo treatment or to participate in
counseling services. The defendant may be required to pay all or
part of the cost of the treatment or counseling services;
12. In addition to the other sentencing powers of the court, the
court, in the case of a person convicted of cruelty to animals
pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may
require the person to pay restitution to animal facilities for
medical care and any boarding costs of victimized animals;
13. In addition to the other sentencing powers of the court, a
sex offender who is habitual or aggravated as defined by Section 584
of Title 57 of the Oklahoma Statutes and who is required to register
as a sex offender pursuant to the Oklahoma Sex Offenders Registration
Act shall be supervised by the Department of Corrections for the
duration of the registration period and shall be assigned to a global
position monitoring device by the Department of Corrections for the
duration of the registration period. The cost of such monitoring
device shall be reimbursed by the offender;
14. In addition to the other sentencing powers of the court, in
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Registration Act, the court may
prohibit the person from accessing or using any Internet social
networking web site that has the potential or likelihood of allowing
the sex offender to have contact with any child who is under the age
of eighteen (18) years; or
15. In addition to the other sentencing powers of the court, in
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Registration Act, the court shall
require the person to register any electronic mail address
information, instant message, chat or other Internet communication
name or identity information that the person uses or intends to use
while accessing the Internet or used for other purposes of social
networking or other similar Internet communication.
B. Notwithstanding any other provision of law, any person who is
found guilty of a violation of any provision of Section 761 or 11-902
of Title 47 of the Oklahoma Statutes or any person pleading guilty or
nolo contendere for a violation of any provision of such sections
shall be ordered to participate in, prior to sentencing, an alcohol
and drug assessment and evaluation by an assessment agency or
assessment personnel certified by the Department of Mental Health and
Substance Abuse Services for the purpose of evaluating the
0"* "".$! "!.! "428
receptivity to treatment and prognosis of the person. The court
shall order the person to reimburse the agency or assessor for the
evaluation. The fee shall be the amount provided in subsection C of
Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
shall be conducted at a certified assessment agency, the office of a
certified assessor or at another location as ordered by the court.
The agency or assessor shall, within seventy-two (72) hours from the
time the person is assessed, submit a written report to the court for
the purpose of assisting the court in its final sentencing
determination. No person, agency or facility operating an alcohol
and drug substance abuse evaluation program certified by the
Department of Mental Health and Substance Abuse Services shall
solicit or refer any person evaluated pursuant to this subsection for
any treatment program or alcohol and drug substance abuse service in
which such person, agency or facility has a vested interest; however,
this provision shall not be construed to prohibit the court from
ordering participation in or any person from voluntarily utilizing a
treatment program or alcohol and drug substance abuse service offered
by such person, agency or facility. If a person is sentenced to the
custody of the Department of Corrections and the court has received a
written evaluation report pursuant to this subsection, the report
shall be furnished to the Department of Corrections with the judgment
and sentence. Any evaluation report submitted to the court pursuant
to this subsection shall be handled in a manner which will keep such
report confidential from the general public's review. Nothing
contained in this subsection shall be construed to prohibit the court
from ordering judgment and sentence in the event the defendant fails
or refuses to comply with an order of the court to obtain the
evaluation required by this subsection.
C. When sentencing a person convicted of a crime, the court
shall first consider a program of restitution for the victim, as well
as imposition of a fine or incarceration of the offender. The
provisions of paragraph 1 of subsection A of this section shall not
apply to defendants being sentenced upon their third or subsequent to
their third conviction of a felony or, beginning January 1, 1993, to
defendants being sentenced for their second or subsequent felony
conviction for violation of Section 11-902 of Title 47 of the
Oklahoma Statutes, except as otherwise provided in this subsection.
In the case of a person being sentenced for their second or
subsequent felony conviction for violation of Section 11-902 of Title
47 of the Oklahoma Statutes, the court may sentence the person
pursuant to the provisions of paragraph 1 of subsection A of this
section if the court orders the person to submit to electronically
monitored home detention administered and supervised by the
Department of Corrections pursuant to subparagraph e of paragraph 7
of subsection A of this section. Provided, the court may waive these
prohibitions upon written application of the district attorney. Both
0"* "".$! "!.! "429
the application and the waiver shall be made part of the record of
the case.
D. When sentencing a person convicted of a crime, the judge
shall consider any victims impact statements if submitted to the
jury, or the judge in the event a jury is waived.
E. Probation, for purposes of subsection A of this section, is a
procedure by which a defendant found guilty of a crime, whether upon
a verdict or plea of guilty or upon a plea of nolo contendere, is
released by the court subject to conditions imposed by the court and
subject to supervision by the Department of Corrections, a private
supervision provider or other person designated by the court. Such
supervision shall be initiated upon an order of probation from the
court, and shall not exceed two (2) years, unless a petition alleging
a violation of any condition of deferred judgment or seeking
revocation of the suspended sentence is filed during the supervision,
or as otherwise provided by law. In the case of a person convicted
of a sex offense, supervision shall begin immediately upon release
from incarceration or if parole is granted and shall not be limited
to two (2) years. Provided further, any supervision provided for in
this section may be extended for a period not to exceed the
expiration of the maximum term or terms of the sentence upon a
determination by the court or the Division of Probation and Parole of
the Department of Corrections that the best interests of the public
and the release will be served by an extended period of supervision.
F. The Department of Corrections, or such other agency as the
court may designate, shall be responsible for the monitoring and
administration of the restitution and service programs provided for
by subparagraphs a, c, and d of paragraph 1 of subsection A of this
section, and shall ensure that restitution payments are forwarded to
the victim and that service assignments are properly performed.
G. 1. The Department of Corrections is hereby authorized,
subject to funds available through appropriation by the Legislature,
to contract with counties for the administration of county Community
Service Sentencing Programs.
2. Any offender eligible to participate in the Program pursuant
to this section shall be eligible to participate in a county Program;
provided, participation in county-funded Programs shall not be
limited to offenders who would otherwise be sentenced to confinement
with the Department of Corrections.
3. The Department shall establish criteria and specifications
for contracts with counties for such Programs. A county may apply to
the Department for a contract for a county-funded Program for a
specific period of time. The Department shall be responsible for
ensuring that any contracting county complies in full with
specifications and requirements of the contract. The contract shall
set appropriate compensation to the county for services to the
Department.
0"* "".$! "!.! "42+:
4. The Department is hereby authorized to provide technical
assistance to any county in establishing a Program, regardless of
whether the county enters into a contract pursuant to this
subsection. Technical assistance shall include appropriate staffing,
development of community resources, sponsorship, supervision and any
other requirements.
5. The Department shall annually make a report to the Governor,
the President Pro Tempore of the Senate and the Speaker of the House
on the number of such Programs, the number of participating
offenders, the success rates of each Program according to criteria
established by the Department and the costs of each Program.
H. As used in this section:
1. "Ignition interlock device" means a device that, without
tampering or intervention by another person, would prevent the
defendant from operating a motor vehicle if the defendant has a blood
or breath alcohol concentration of two-hundredths (0.02) or greater;
2. "Electronically monitored home detention" means incarceration
of the defendant within a specified location or locations with
monitoring by means of a device approved by the Department of
Corrections that detects if the person leaves the confines of any
specified location; and
3. "Victims impact panel program" means a program conducted by a
corporation registered with the Secretary of State in Oklahoma for
the purpose of operating a victims impact panel program. The program
shall include live presentations from presenters who will share
personal stories with participants about how alcohol, drug abuse, the
operation of a motor vehicle while using an electronic communication
device or the illegal conduct of others has personally impacted the
lives of the presenters. A victims impact panel program shall be
attended by persons who have committed the offense of driving,
operating or being in actual physical control of a motor vehicle
while under the influence of alcohol or other intoxicating substance,
operating a motor vehicle while the ability of the person to operate
such vehicle was impaired due to the consumption of alcohol or any
other substance or operating a motor vehicle while using an
electronic device. Persons attending a victims impact panel program
shall be required to pay a fee of not more than Sixty Dollars
($60.00) to the provider of the program. A certificate of completion
shall be issued to the person upon satisfying the attendance and fee
requirements of the victims impact panel program. The certificate of
completion shall contain the business identification number of the
program provider. A victims impact panel program shall not be
provided by any certified assessment agency or certified assessor
unless the assessment agency or certified assessor has been granted
an exemption by the Commissioner of the Department of Mental Health
and Substance Abuse Services. The provider of the victims impact
panel program shall carry general liability insurance and maintain an
0"* "".$! "!.! "42+
accurate accounting of all business transactions and funds received
in relation to the victims impact panel program. The provider of the
victims impact panel program shall annually provide to the
Administrative Office of the Courts the following:
a. proof of registration with the Oklahoma Secretary of
State,
b. proof of general liability insurance,
c. end-of-year financial statements prepared by a
certified public accountant, and
d. a copy of federal income tax returns filed with the
Internal Revenue Service.
I. A person convicted of a felony offense or receiving any form
of probation for an offense in which registration is required
pursuant to the Sex Offenders Registration Act, shall submit to
deoxyribonucleic acid DNA testing for law enforcement identification
purposes in accordance with Section 150.27 of Title 74 of the
Oklahoma Statutes and the rules promulgated by the Oklahoma State
Bureau of Investigation for the OSBI Combined DNA Index System
(CODIS) Database. Subject to the availability of funds, any person
convicted of a misdemeanor offense of assault and battery, domestic
abuse, stalking, possession of a controlled substance prohibited
under Schedule IV of the Uniform Controlled Dangerous Substances Act,
outraging public decency, resisting arrest, escape or attempting to
escape, eluding a police officer, Peeping Tom, pointing a firearm,
threatening an act of violence, breaking and entering a dwelling
place, destruction of property, negligent homicide, or causing a
personal injury accident while driving under the influence of any
intoxicating substance, or any alien unlawfully present under federal
immigration law, upon arrest, shall submit to deoxyribonucleic acid
DNA testing for law enforcement identification purposes in accordance
with Section 150.27 of Title 74 of the Oklahoma Statutes and the
rules promulgated by the Oklahoma State Bureau of Investigation for
the OSBI Combined DNA Index System (CODIS) Database. Any defendant
sentenced to probation shall be required to submit to testing within
thirty (30) days of sentencing either to the Department of
Corrections or to the county sheriff or other peace officer as
directed by the court. Defendants who are sentenced to a term of
incarceration shall submit to testing in accordance with Section
530.1 of Title 57 of the Oklahoma Statutes, for those defendants who
enter the custody of the Department of Corrections or to the county
sheriff, for those defendants sentenced to incarceration in a county
jail. Convicted individuals who have previously submitted to DNA
testing under this section and for whom a valid sample is on file in
the OSBI Combined DNA Index System (CODIS) Database at the time of
sentencing shall not be required to submit to additional testing.
Except as required by the Sex Offenders Registration Act, a deferred
0"* "".$! "!.! "42+
judgment does not require submission to deoxyribonucleic acid
testing.
Any person who is incarcerated in the custody of the Department
of Corrections after July 1, 1996, and who has not been released
before January 1, 2006, shall provide a blood or saliva sample prior
to release. Every person subject to DNA testing after January 1,
2006, whose sentence does not include a term of confinement with the
Department of Corrections shall submit a blood or saliva sample.
Every person subject to DNA testing who is sentenced to unsupervised
probation or otherwise not supervised by the Department of
Corrections shall submit for blood or saliva testing to the sheriff
of the sentencing county.
J. Samples of blood or saliva for DNA testing required by
subsection I of this section shall be taken by employees or
contractors of the Department of Corrections, peace officers, or the
county sheriff or employees or contractors of the sheriff's office.
The individuals shall be properly trained to collect blood or saliva
samples. Persons collecting blood or saliva for DNA testing pursuant
to this section shall be immune from civil liabilities arising from
this activity. All collectors of DNA samples shall ensure the
collection of samples are mailed to the Oklahoma State Bureau of
Investigation within ten (10) days of the time the subject appears
for testing or within ten (10) days of the date the subject comes
into physical custody to serve a term of incarceration. All
collectors of DNA samples shall use sample kits provided by the OSBI
and procedures promulgated by the OSBI. Persons subject to DNA
testing who are not received at the Lexington Assessment and
Reception Center shall be required to pay a fee of Fifteen Dollars
($15.00) to the agency collecting the sample for submission to the
OSBI Combined DNA Index System (CODIS) Database. Any fees collected
pursuant to this subsection shall be deposited in the revolving
account or the service fee account of the collection agency or
department.
K. When sentencing a person who has been convicted of a crime
that would subject that person to the provisions of the Sex Offenders
Registration Act, neither the court nor the district attorney shall
be allowed to waive or exempt such person from the registration
requirements of the Sex Offenders Registration Act.
Added by Laws 1968, c. 204, § 1, emerg. eff. April 22, 1968. Amended
by Laws 1970, c. 312, § 1; Laws 1971, c. 90, § 1, emerg. eff. April
16, 1971; Laws 1976, c. 160, § 1, eff. Oct. 1, 1976; Laws 1978, c.
223, § 1; Laws 1979, c. 66, § 1, emerg. eff. April 16, 1979; Laws
1981, c. 124, § 1; Laws 1982, c. 8, § 1, emerg. eff. March 15, 1982;
Laws 1983, c. 23, § 1, eff. Nov. 1, 1983; Laws 1985, c. 59, § 1, eff.
Nov. 1, 1985; Laws 1986, c. 240, § 4, eff. Nov. 1, 1986; Laws 1987,
c. 224, § 11, eff. Nov. 1, 1987; Laws 1988, c. 150, § 2, eff. Nov. 1,
1988; Laws 1989, c. 197, § 11, eff. Nov. 1, 1989; Laws 1990, c. 152,
0"* "".$! "!.! "42++
§ 1, eff. Sept. 1, 1990; Laws 1991, c. 200, § 3, eff. Sept. 1, 1991;
Laws 1991, c. 335, § 8, emerg. eff. June 15, 1991; Laws 1992, c. 136,
§ 4, eff. July 1, 1992; Laws 1992, c. 382, § 3, emerg. eff. June 9,
1992; Laws 1993, c. 10, § 3, emerg. eff. March 21, 1993; Laws 1993,
c. 166, § 1, eff. Sept. 1, 1993; Laws 1993, c. 339, § 1, eff. Sept.
1, 1993; Laws 1994, c. 2, § 9, emerg. eff. March 2, 1994; Laws 1994,
c. 308, § 1, emerg. eff. June 7, 1994; Laws 1996, c. 153, § 4, emerg.
eff. May 7, 1996; Laws 1997, c. 150, § 1, eff. Nov. 1, 1997; Laws
1997, c. 420, § 1, emerg. eff. June 13, 1997; Laws 1999, 1st Ex.
Sess., c. 4, § 31, eff. July 1, 1999; Laws 2000, c. 112, § 1, emerg.
eff. April 20, 2000; Laws 2000, c. 349, § 1, eff. Nov. 1, 2000; Laws
2001, c. 437, § 17, eff. July 1, 2001; Laws 2002, c. 22, § 10, emerg.
eff. March 8, 2002; Laws 2002, c. 235, § 1, emerg. eff. May 9, 2002;
Laws 2002, c. 464, § 1, emerg. eff. June 5, 2002; Laws 2003, c. 178,
§ 1, eff. July 1, 2003; Laws 2003, c. 474, § 3, eff. Nov. 1, 2003;
Laws 2004, c. 5, § 11, emerg. eff. March 1, 2004; Laws 2004, c. 143,
§ 1, eff. Nov. 1, 2004; Laws 2004, c. 418, § 2, eff. July 1, 2004;
Laws 2005, c. 188, § 2, emerg. eff. May 17, 2005; Laws 2005, c. 441,
§ 2, eff. Jan. 1, 2006; Laws 2006, c. 16, § 3, emerg. eff. March 29,
2006; Laws 2006, c. 294, § 1, eff. July 1, 2006; Laws 2007, c. 1, §
16, emerg. eff. Feb. 22, 2007; Laws 2007, c. 30, § 1, eff. Nov. 1,
2007; Laws 2007, c. 182, § 1, eff. Nov. 1, 2007; Laws 2008, c. 3, §
19, emerg. eff. Feb. 28, 2008; Laws 2009, c. 218, § 2, emerg. eff.
May 19, 2009; Laws 2010, c. 2, § 10, emerg. eff. March 3, 2010; Laws
2010, c. 37, § 2, eff. Nov. 1, 2010; Laws 2010, c. 237, § 1, eff.
Nov. 1, 2010; Laws 2013, c. 80, § 1; Laws 2013, c. 175, § 1, eff.
Nov. 1, 2013; Laws 2014, c. 157, § 1, eff. Nov. 1, 2014; Laws 2017,
c. 313, § 1, eff. Nov. 1, 2017; Laws 2018, c. 304, § 10, emerg. eff.
May 10, 2018.
NOTE: Laws 1991, c. 17, § 1 repealed by Laws 1991, c. 335, § 37,
emerg. eff. June 15, 1991. Laws 1992, c. 379, § 2 repealed by Laws
1993, c. 10, § 16, emerg. eff. March 21, 1993. Laws 1993, c. 325, §
19 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.
Laws 1994, c. 40, § 1 and Laws 1994, c. 188, § 2 repealed by Laws
1997, c. 133, § 605, emerg. eff. April 22, 1997. Laws 1997, c. 9, §
2 repealed by Laws 1997, c. 260, § 12, eff. Nov. 1, 1997. Laws 1997,
c. 133, § 65 and Laws 1997, c. 260, § 9 repealed by Laws 1999, 1st
Ex. Sess., c. 5, § 452, eff. July 1, 1999. Laws 2000, c. 39, § 3
repealed by Laws 2000, c. 334, § 10, emerg. eff. June 5, 2000 and by
Laws 2000, c. 349, § 7, eff. Nov. 1, 2000. Laws 2000, c. 334, § 2
repealed by Laws 2001, c. 5, § 7, emerg. eff. March 21, 2001. Laws
2001, c. 170, § 1 and Laws 2001, c. 225, § 2 repealed by Laws 2002,
c. 22, § 34, emerg. eff. March 8, 2002. Laws 2003, c. 306, § 1
repealed by Laws 2004, c. 5, § 12, emerg. eff. March 1, 2004. Laws
2003, c. 363, § 2 repealed by Laws 2004, c. 5, § 13, emerg. eff.
March 1, 2004. Laws 2005, c. 183, § 1 repealed by Laws 2006, c. 16,
§ 4, emerg. eff. March 29, 2006. Laws 2006, c. 284, § 6 repealed by
0"* "".$! "!.! "42+-
Laws 2007, c. 1, § 17, emerg. eff. Feb. 22, 2007. Laws 2007, c. 261,
§ 21 repealed by Laws 2008, c. 3, § 20, emerg. eff. Feb. 28, 2008.
Laws 2009, c. 234, § 132 repealed by Laws 2010, c. 2, § 11, emerg.
eff. March 3, 2010.
NOTE: Laws 2017, c. 194, § 2 was purportedly repealed by Laws 2018,
c. 304, § 11 but without reference to Laws 2018, c. 128, § 10, which
amended it.
§22-991cv1. Deferred sentence.
A. Upon a verdict or plea of guilty or upon a plea of nolo
contendere, but before a judgment of guilt, the court may, without
entering a judgment of guilt and with the consent of the defendant,
defer further proceedings upon the specific conditions prescribed by
the court not to exceed a seven-year period, except as authorized
under subsection B of this section. The court shall first consider
restitution among the various conditions it may prescribe. The court
may also consider ordering the defendant to:
1. Pay court costs;
2. Pay an assessment in lieu of any fine authorized by law for
the offense;
3. Pay any other assessment or cost authorized by law;
4. Engage in a term of community service without compensation,
according to a schedule consistent with the employment and family
responsibilities of the defendant;
5. County jail confinement for a period not to exceed ninety
(90) days or the maximum amount of jail time provided for the
offense, if it is less than ninety (90) days;
6. Pay an amount as reimbursement for reasonable attorney fees,
to be paid into the court fund, if a court-appointed attorney has
been provided to defendant;
7. Be supervised in the community for a period not to exceed
eighteen (18) months, unless a petition alleging violation of any
condition of deferred judgment is filed during the period of
supervision. As a condition of any supervision, the defendant shall
be required to pay a supervision fee of Forty Dollars ($40.00) per
month. The supervision fee shall be waived in whole or part by the
supervisory agency when the accused is indigent. Any fees collected
by the district attorney pursuant to this paragraph shall be
deposited in the General Revenue Fund of the State Treasury. No
person shall be denied supervision based solely on the inability of
the person to pay a fee;
8. Pay into the court fund a monthly amount not exceeding Forty
Dollars ($40.00) per month during any period during which the
proceedings are deferred when the defendant is not to be supervised
in the community. The total amount to be paid into the court fund
shall be established by the court and shall not exceed the amount of
the maximum fine authorized by law for the offense;
0"* "".$! "!.! "42+2
9. Make other reparations to the community or victim as required
and deemed appropriate by the court;
10. Order any conditions which can be imposed for a suspended
sentence pursuant to paragraph 1 of subsection A of Section 991a of
this title; or
11. Any combination of the above provisions.
However, unless under the supervision of the district attorney,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district attorney during the first two (2) years of
probation to compensate the district attorney for the costs incurred
during the prosecution of the offender and for the additional work of
verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requirement in the best interests of justice. The
court shall not waive, suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that a
reduction in the fine, costs and costs of prosecution is warranted,
the court shall equally apply the same percentage reduction to the
fine, costs and costs of prosecution owed by the offender. Any fees
collected by the district attorney pursuant to this paragraph shall
be deposited in the General Revenue Fund of the State Treasury.
B. When the court has ordered restitution as a condition of
supervision as provided for in subsection A of this section and that
condition has not been satisfied, the court may, at any time prior to
the termination or expiration of the supervision period, order an
extension of supervision for a period not to exceed three (3) years.
C. In addition to any conditions of supervision provided for in
subsection A of this section, the court shall, in the case of a
person before the court for the offense of operating or being in
control of a motor vehicle while the person was under the influence
of alcohol, other intoxicating substance, or a combination of alcohol
and another intoxicating substance, or who is before the court for
the offense of operating a motor vehicle while the ability of the
person to operate such vehicle was impaired due to the consumption of
alcohol, require the person to participate in an alcohol and drug
substance abuse evaluation program offered by a facility or qualified
practitioner certified by the Department of Mental Health and
Substance Abuse Services for the purpose of evaluating the
receptivity to treatment and prognosis of the person. The court
shall order the person to reimburse the facility or qualified
practitioner for the evaluation. The Department of Mental Health and
Substance Abuse Services shall establish a fee schedule, based upon
the ability of a person to pay, provided the fee for an evaluation
shall not exceed Seventy-five Dollars ($75.00). The evaluation shall
be conducted at a certified facility, the office of a qualified
practitioner or at another location as ordered by the court. The
facility or qualified practitioner shall, within seventy-two (72)
0"* "".$! "!.! "42+5
hours from the time the person is assessed, submit a written report
to the court for the purpose of assisting the court in its
determination of conditions for deferred sentence. No person, agency
or facility operating an alcohol and drug substance abuse evaluation
program certified by the Department of Mental Health and Substance
Abuse Services shall solicit or refer any person evaluated pursuant
to this subsection for any treatment program or alcohol and drug
substance abuse service in which the person, agency or facility has a
vested interest; however, this provision shall not be construed to
prohibit the court from ordering participation in or any person from
voluntarily utilizing a treatment program or alcohol and drug
substance abuse service offered by such person, agency or facility.
Any evaluation report submitted to the court pursuant to this
subsection shall be handled in a manner which will keep the report
confidential from review by the general public. Nothing contained in
this subsection shall be construed to prohibit the court from
ordering judgment and sentence in the event the defendant fails or
refuses to comply with an order of the court to obtain the evaluation
required by this subsection. As used in this subsection, "qualified
practitioner" means a person with at least a bachelor's degree in
substance abuse treatment, mental health or a related health care
field and at least two (2) years of experience in providing alcohol
abuse treatment, other drug abuse treatment, or both alcohol and
other drug abuse treatment who is certified each year by the
Department of Mental Health and Substance Abuse Services to provide
these assessments. However, any person who does not meet the
requirements for a qualified practitioner as defined herein, but who
has been previously certified by the Department of Mental Health and
Substance Abuse Services to provide alcohol or drug treatment or
assessments, shall be considered a qualified practitioner provided
all education, experience and certification requirements stated
herein are met by September 1, 1995. The court may also require the
person to participate in one or both of the following:
1. An alcohol and drug substance abuse course, pursuant to
Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and
2. A victims impact panel program, as defined in subsection H of
Section 991a of this title, if such a program is offered in the
county where the judgment is rendered. The defendant shall be
required to pay a fee of not less than Fifteen Dollars ($15.00) nor
more than Sixty Dollars ($60.00) as set by the governing authority of
the program and approved by the court to the victims impact panel
program to offset the cost of participation by the defendant, if in
the opinion of the court the defendant has the ability to pay such
fee.
D. Upon completion of the conditions of the deferred judgment,
and upon a finding by the court that the conditions have been met and
all fines, fees, and monetary assessments have been paid as ordered,
0"* "".$! "!.! "42+7
the defendant shall be discharged without a court judgment of guilt,
and the court shall order the verdict or plea of guilty or plea of
nolo contendere to be expunged from the record and the charge shall
be dismissed with prejudice to any further action. The procedure to
expunge the record of the defendant shall be as follows:
1. All references to the name of the defendant shall be deleted
from the docket sheet;
2. The public index of the filing of the charge shall be
expunged by deletion, mark-out or obliteration;
3. Upon expungement, the court clerk shall keep a separate
confidential index of case numbers and names of defendants which have
been obliterated pursuant to the provisions of this section;
4. No information concerning the confidential file shall be
revealed or released, except upon written order of a judge of the
district court or upon written request by the named defendant to the
court clerk for the purpose of updating the criminal history record
of the defendant with the Oklahoma State Bureau of Investigation; and
5. Defendants qualifying under Section 18 of this title may
petition the court to have the filing of the indictment and the
dismissal expunged from the public index and docket sheet. This
section shall not be mutually exclusive of Section 18 of this title.
Records expunged pursuant to this subsection shall be sealed to
the public but not to law enforcement agencies for law enforcement
purposes. Records expunged pursuant to this subsection shall be
admissible in any subsequent criminal prosecution to prove the
existence of a prior conviction or prior deferred judgment without
the necessity of a court order requesting the unsealing of such
records.
E. The provisions of subsection D of this section shall be
retroactive.
F. Whenever a judgment has been deferred by the court according
to the provisions of this section, deferred judgment may not be
accelerated for any technical violation unless a petition setting
forth the grounds for such acceleration is filed by the district
attorney with the clerk of the sentencing court and competent
evidence justifying the acceleration of the judgment is presented to
the court at a hearing to be held for that purpose. The hearing
shall be held not more than twenty (20) days after the entry of the
plea of not guilty to the petition, unless waived by both the state
and the defendant. Any acceleration of a deferred sentence based on
a technical violation shall not exceed ninety (90) days for a first
acceleration or five (5) years for a second or subsequent
acceleration.
G. Upon any violation of the deferred judgment, other than a
technical violation, the court may enter a judgment of guilt and
proceed as provided in Section 991a of this title or may modify any
condition imposed. Provided, however, if the deferred judgment is
0"* "".$! "!.! "42+8
for a felony offense, and the defendant commits another felony
offense, the defendant shall not be allowed bail pending appeal.
H. The deferred judgment procedure described in this section
shall apply only to defendants who have not been previously convicted
of a felony offense and have not received more than one deferred
judgment for a felony offense within the ten (10) years previous to
the commission of the pending offense.
Provided, the court may waive this prohibition upon written
application of the district attorney. Both the application and the
waiver shall be made a part of the record of the case.
I. The deferred judgment procedure described in this section
shall not apply to defendants found guilty or who plead guilty or
nolo contendere to a sex offense required by law to register pursuant
to the Sex Offenders Registration Act.
J. All defendants who are supervised pursuant to this section
shall be subject to the sanction process as established in subsection
B of Section 991b of this title.
Added by Laws 1970, c. 312, § 2. Amended by Laws 1976, c. 160, § 3,
eff. Oct. 1, 1976; Laws 1979, c. 66, § 2, emerg. eff. April 16, 1979;
Laws 1981, c. 15, § 1, eff. Oct. 1, 1981; Laws 1982, c. 8, § 2,
emerg. eff. March 15, 1982; Laws 1984, c. 10, § 1, eff. Nov. 1, 1984;
Laws 1985, c. 112, § 8, eff. Nov. 1, 1985; Laws 1988, c. 109, § 27,
eff. Nov. 1, 1988; Laws 1990, c. 152, § 2, eff. Sept. 1, 1990; Laws
1992, c. 151, § 2, eff. Sept. 1, 1992; Laws 1992, c. 357, § 5, eff.
July 1, 1992; Laws 1993, c. 166, § 2, eff. Sept. 1, 1993; Laws 1993,
c. 360, § 3, eff. Sept. 1, 1993; Laws 1994, c. 2, § 10, emerg. eff.
March 2, 1994; Laws 1994, c. 308, § 2, emerg. eff. June 7, 1994; Laws
1995, c. 193, § 3, eff. July 1, 1995; Laws 1995, c. 286, § 6, eff.
July 1, 1995; Laws 1996, c. 304, § 2, emerg. eff. June 10, 1996; Laws
1997, c. 133, § 70, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c.
5, § 21, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 4, § 27,
eff. July 1, 1999; Laws 2000, c. 6, § 5, emerg. eff. March 20, 2000;
Laws 2000, c. 349, § 6, eff. Nov. 1, 2000; Laws 2001, c. 437, § 18,
eff. July 1, 2001; Laws 2002, c. 460, § 20, eff. Nov. 1, 2002; Laws
2004, c. 275, § 12, eff. July 1, 2004; Laws 2005, c. 1, § 18, emerg.
eff. March 15, 2005; Laws 2005, c. 374, § 2, eff. Nov. 1, 2005; Laws
2010, c. 113, § 2; Laws 2013, c. 80, § 2; Laws 2013, c. 175, § 2,
eff. Nov. 1, 2013; Laws 2014, c. 219, § 1, eff. Nov. 1, 2014; Laws
2015, c. 209, § 1, eff. Nov. 1, 2015; Laws 2018, c. 128, § 12, eff.
Nov. 1, 2018; Laws 2019, c. 453, § 2, eff. July 1, 2019.
NOTE: Laws 1993, c. 81, § 4 repealed by Laws 1993, c. 339, § 4, eff.
Sept. 1, 1993 and by Laws 1993, c. 360, § 17, eff. Sept. 1, 1993.
Laws 1993, c. 339, § 2 repealed by Laws 1994, c. 2, § 34, emerg. eff.
March 2, 1994. Laws 1995, c. 75, § 1 repealed by Laws 1995, c. 286,
§ 17, eff. July 1, 1995. Laws 1999, c. 359, § 1 repealed by Laws
2000, c. 6, § 33, emerg. eff. March 20, 2000. Laws 2004, c. 145, § 1
repealed by Laws 2005, c. 1, § 19, emerg. eff. March 15, 2005.
0"* "".$! "!.! "42+9
§22-991cv2. Deferred sentence.
A. Upon a verdict or plea of guilty or upon a plea of nolo
contendere, but before a judgment of guilt, the court may, without
entering a judgment of guilt and with the consent of the defendant,
defer further proceedings upon the specific conditions prescribed by
the court not to exceed a seven-year period, except as authorized
under subsection B of this section. The court shall first consider
restitution among the various conditions it may prescribe. The court
may also consider ordering the defendant to:
1. Pay court costs;
2. Pay an assessment in lieu of any fine authorized by law for
the offense;
3. Pay any other assessment or cost authorized by law;
4. Engage in a term of community service without compensation,
according to a schedule consistent with the employment and family
responsibilities of the defendant;
5. County jail confinement for a period not to exceed ninety
(90) days or the maximum amount of jail time provided for the
offense, if it is less than ninety (90) days;
6. Pay an amount as reimbursement for reasonable attorney fees,
to be paid into the court fund, if a court-appointed attorney has
been provided to defendant;
7. Be supervised in the community for a period not to exceed
eighteen (18) months, unless a petition alleging violation of any
condition of deferred judgment is filed during the period of
supervision. As a condition of any supervision, the defendant shall
be required to pay a supervision fee of Forty Dollars ($40.00) per
month. The supervision fee shall be waived in whole or part by the
supervisory agency when the accused is indigent. No person shall be
denied supervision based solely on the inability of the person to pay
a fee;
8. Pay into the court fund a monthly amount not exceeding Forty
Dollars ($40.00) per month during any period during which the
proceedings are deferred when the defendant is not to be supervised
in the community. The total amount to be paid into the court fund
shall be established by the court and shall not exceed the amount of
the maximum fine authorized by law for the offense;
9. Make other reparations to the community or victim as required
and deemed appropriate by the court;
10. Order any conditions which can be imposed for a suspended
sentence pursuant to paragraph 1 of subsection A of Section 991a of
this title; or
11. Any combination of the above provisions.
However, unless under the supervision of the district attorney,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district attorney during the first two (2) years of
0"* "".$! "!.! "42-:
probation to compensate the district attorney for the costs incurred
during the prosecution of the offender and for the additional work of
verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requirement in the best interests of justice. The
court shall not waive, suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that a
reduction in the fine, costs and costs of prosecution is warranted,
the court shall equally apply the same percentage reduction to the
fine, costs and costs of prosecution owed by the offender.
B. When the court has ordered restitution as a condition of
supervision as provided for in subsection A of this section and that
condition has not been satisfied, the court may, at any time prior to
the termination or expiration of the supervision period, order an
extension of supervision for a period not to exceed three (3) years.
C. In addition to any conditions of supervision provided for in
subsection A of this section, the court shall, in the case of a
person before the court for the offense of operating or being in
control of a motor vehicle while the person was under the influence
of alcohol, other intoxicating substance, or a combination of alcohol
and another intoxicating substance, or who is before the court for
the offense of operating a motor vehicle while the ability of the
person to operate such vehicle was impaired due to the consumption of
alcohol, require the person to participate in an alcohol and drug
substance abuse evaluation program offered by a facility or qualified
practitioner certified by the Department of Mental Health and
Substance Abuse Services for the purpose of evaluating the
receptivity to treatment and prognosis of the person. The court
shall order the person to reimburse the facility or qualified
practitioner for the evaluation. The Department of Mental Health and
Substance Abuse Services shall establish a fee schedule, based upon
the ability of a person to pay, provided the fee for an evaluation
shall not exceed Seventy-five Dollars ($75.00). The evaluation shall
be conducted at a certified facility, the office of a qualified
practitioner or at another location as ordered by the court. The
facility or qualified practitioner shall, within seventy-two (72)
hours from the time the person is assessed, submit a written report
to the court for the purpose of assisting the court in its
determination of conditions for deferred sentence. No person, agency
or facility operating an alcohol and drug substance abuse evaluation
program certified by the Department of Mental Health and Substance
Abuse Services shall solicit or refer any person evaluated pursuant
to this subsection for any treatment program or alcohol and drug
substance abuse service in which the person, agency or facility has a
vested interest; however, this provision shall not be construed to
prohibit the court from ordering participation in or any person from
voluntarily utilizing a treatment program or alcohol and drug
0"* "".$! "!.! "42-
substance abuse service offered by such person, agency or facility.
Any evaluation report submitted to the court pursuant to this
subsection shall be handled in a manner which will keep the report
confidential from review by the general public. Nothing contained in
this subsection shall be construed to prohibit the court from
ordering judgment and sentence in the event the defendant fails or
refuses to comply with an order of the court to obtain the evaluation
required by this subsection. As used in this subsection, "qualified
practitioner" means a person with at least a bachelor's degree in
substance abuse treatment, mental health or a related health care
field and at least two (2) years of experience in providing alcohol
abuse treatment, other drug abuse treatment, or both alcohol and
other drug abuse treatment who is certified each year by the
Department of Mental Health and Substance Abuse Services to provide
these assessments. However, any person who does not meet the
requirements for a qualified practitioner as defined herein, but who
has been previously certified by the Department of Mental Health and
Substance Abuse Services to provide alcohol or drug treatment or
assessments, shall be considered a qualified practitioner provided
all education, experience and certification requirements stated
herein are met by September 1, 1995. The court may also require the
person to participate in one or both of the following:
1. An alcohol and drug substance abuse course, pursuant to
Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and
2. A victims impact panel program, as defined in subsection H of
Section 991a of this title, if such a program is offered in the
county where the judgment is rendered. The defendant shall be
required to pay a fee of not less than Fifteen Dollars ($15.00) nor
more than Sixty Dollars ($60.00) as set by the governing authority of
the program and approved by the court to the victims impact panel
program to offset the cost of participation by the defendant, if in
the opinion of the court the defendant has the ability to pay such
fee.
D. Upon completion of the conditions of the deferred judgment,
and upon a finding by the court that the conditions have been met and
all fines, fees, and monetary assessments have been paid as ordered,
the defendant shall be discharged without a court judgment of guilt,
and the court shall order the verdict or plea of guilty or plea of
nolo contendere to be expunged from the record and the charge shall
be dismissed with prejudice to any further action. The procedure to
expunge the record of the defendant shall be as follows:
1. All references to the name of the defendant shall be deleted
from the docket sheet;
2. The public index of the filing of the charge shall be
expunged by deletion, mark-out or obliteration;
0"* "".$! "!.! "42-
3. Upon expungement, the court clerk shall keep a separate
confidential index of case numbers and names of defendants which have
been obliterated pursuant to the provisions of this section;
4. No information concerning the confidential file shall be
revealed or released, except upon written order of a judge of the
district court or upon written request by the named defendant to the
court clerk for the purpose of updating the criminal history record
of the defendant with the Oklahoma State Bureau of Investigation; and
5. Defendants qualifying under Section 18 of this title may
petition the court to have the filing of the indictment and the
dismissal expunged from the public index and docket sheet. This
section shall not be mutually exclusive of Section 18 of this title.
Records expunged pursuant to this subsection shall be sealed to
the public but not to law enforcement agencies for law enforcement
purposes. Records expunged pursuant to this subsection shall be
admissible in any subsequent criminal prosecution to prove the
existence of a prior conviction or prior deferred judgment without
the necessity of a court order requesting the unsealing of such
records.
E. The provisions of subsection D of this section shall be
retroactive.
F. Whenever a judgment has been deferred by the court according
to the provisions of this section, deferred judgment may not be
accelerated for any technical violation unless a petition setting
forth the grounds for such acceleration is filed by the district
attorney with the clerk of the sentencing court and competent
evidence justifying the acceleration of the judgment is presented to
the court at a hearing to be held for that purpose. The hearing
shall be held not more than twenty (20) days after the entry of the
plea of not guilty to the petition, unless waived by both the state
and the defendant. Any acceleration of a deferred sentence based on
a technical violation shall not exceed ninety (90) days for a first
acceleration or five (5) years for a second or subsequent
acceleration.
G. Upon any violation of the deferred judgment, other than a
technical violation, the court may enter a judgment of guilt and
proceed as provided in Section 991a of this title or may modify any
condition imposed. Provided, however, if the deferred judgment is
for a felony offense, and the defendant commits another felony
offense, the defendant shall not be allowed bail pending appeal.
H. The deferred judgment procedure described in this section
shall apply only to defendants who have not been previously convicted
of a felony offense and have not received more than one deferred
judgment for a felony offense within the ten (10) years previous to
the commission of the pending offense.
0"* "".$! "!.! "42-+
Provided, the court may waive this prohibition upon written
application of the district attorney. Both the application and the
waiver shall be made a part of the record of the case.
I. The deferred judgment procedure described in this section
shall not apply to defendants found guilty or who plead guilty or
nolo contendere to a sex offense required by law to register pursuant
to the Sex Offenders Registration Act.
J. All defendants who are supervised pursuant to this section
shall be subject to the sanction process as established in subsection
D of Section 991b of this title.
K. Notwithstanding the provisions of subsections F and G of this
section, a person who is being considered for an acceleration of a
deferred judgment for an offense where the penalty has subsequently
been lowered to a misdemeanor shall only be subject to a judgment and
sentence that would have been applicable had he or she committed the
offense after July 1, 2017.
Added by Laws 1970, c. 312, § 2. Amended by Laws 1976, c. 160, § 3,
eff. Oct. 1, 1976; Laws 1979, c. 66, § 2, emerg. eff. April 16, 1979;
Laws 1981, c. 15, § 1, eff. Oct. 1, 1981; Laws 1982, c. 8, § 2,
emerg. eff. March 15, 1982; Laws 1984, c. 10, § 1, eff. Nov. 1, 1984;
Laws 1985, c. 112, § 8, eff. Nov. 1, 1985; Laws 1988, c. 109, § 27,
eff. Nov. 1, 1988; Laws 1990, c. 152, § 2, eff. Sept. 1, 1990; Laws
1992, c. 151, § 2, eff. Sept. 1, 1992; Laws 1992, c. 357, § 5, eff.
July 1, 1992; Laws 1993, c. 166, § 2, eff. Sept. 1, 1993; Laws 1993,
c. 360, § 3, eff. Sept. 1, 1993; Laws 1994, c. 2, § 10, emerg. eff.
March 2, 1994; Laws 1994, c. 308, § 2, emerg. eff. June 7, 1994; Laws
1995, c. 193, § 3, eff. July 1, 1995; Laws 1995, c. 286, § 6, eff.
July 1, 1995; Laws 1996, c. 304, § 2, emerg. eff. June 10, 1996; Laws
1997, c. 133, § 70, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c.
5, § 21, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 4, § 27,
eff. July 1, 1999; Laws 2000, c. 6, § 5, emerg. eff. March 20, 2000;
Laws 2000, c. 349, § 6, eff. Nov. 1, 2000; Laws 2001, c. 437, § 18,
eff. July 1, 2001; Laws 2002, c. 460, § 20, eff. Nov. 1, 2002; Laws
2004, c. 275, § 12, eff. July 1, 2004; Laws 2005, c. 1, § 18, emerg.
eff. March 15, 2005; Laws 2005, c. 374, § 2, eff. Nov. 1, 2005; Laws
2010, c. 113, § 2; Laws 2013, c. 80, § 2; Laws 2013, c. 175, § 2,
eff. Nov. 1, 2013; Laws 2014, c. 219, § 1, eff. Nov. 1, 2014; Laws
2015, c. 209, § 1, eff. Nov. 1, 2015; Laws 2018, c. 128, § 12, eff.
Nov. 1, 2018; Laws 2019, c. 459, § 4, eff. Nov. 1, 2019.
NOTE: Laws 1993, c. 81, § 4 repealed by Laws 1993, c. 339, § 4, eff.
Sept. 1, 1993 and by Laws 1993, c. 360, § 17, eff. Sept. 1, 1993.
Laws 1993, c. 339, § 2 repealed by Laws 1994, c. 2, § 34, emerg. eff.
March 2, 1994. Laws 1995, c. 75, § 1 repealed by Laws 1995, c. 286,
§ 17, eff. July 1, 1995. Laws 1999, c. 359, § 1 repealed by Laws
2000, c. 6, § 33, emerg. eff. March 20, 2000. Laws 2004, c. 145, § 1
repealed by Laws 2005, c. 1, § 19, emerg. eff. March 15, 2005.
0"* "".$! "!.! "42--
