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Title 22. Criminal Procedure (STOKST22) Search
Chapter 1 - In General
§ 1. Title - Code of Criminal Procedure of the State of Oklahoma
§ 2. Prosecution by Indictment of Information Required - Exceptions
§ 3. Code Not Retroactive Unless Expressly Declared
§ 4. Construction of Words in this Code
§ 4A. Definition of Court, Courts of the State, Courts in the State, and Court Clerk
§ 5. Writing Includes Printing
§ 6. Oath Includes Affirmation
§ 7. Signature Includes Mark and Digital Signature
§ 10. Definition of Criminal Action
§ 11. Crime Prosecuted in Name of the State
§ 12. Prosecuted Party as Defendant
§ 13. Defendant's Right to Speedy Trial, Counsel and Witnesses
§ 15. Testimony Against One's Self - Restraint Prior to Conviction - Chains or Shackles
§ 17. Custody and Distribution of Proceeds from Sale of Rights Arising from Criminal Act
§ 18. Expungement of Criminal Records
§ 18a. Petition to Expunge Records Forms
§ 18b. Clean Slate Eligible Record - Sealing - Expungement
§ 19. Procedure for Sealing or Unsealing Records - Expungement
§ 19a. Expungement in Event of Identity Theft
§ 19b. Oklahoma Identity Theft Passport Program
§ 19c. Expungement of Prostitution - Related Offenses for Victims of Human Trafficking
§ 19d. Online Portal for Expedited Expungement - Process - Automatic Process - Annual Report
§ 21. Eyewitness Identification Procedure - Written Policy
§ 22. Electronic Recording of Custodial Interrogations
Chapter 2 - Prevention of Public Offenses
General Provisions
§ 32. Resistance by One About to be Injured
§ 33. Resistance by Another Person
§ 34. Intervention of Officers to Prevent Offenses
§ 34.1. Officer's Use of Excessive Force - Definition - Guidelines
§ 34.3. Prohibition Against Racial Profiling
§ 34.4. Filing Racial Profiling Complaint
§ 34.5. Procedures for Filing Racial Profiling Complaints - Annual Report
§ 34.5. Rules and Forms for Racial Profiling Complaints - Annual Report
§ 36. Civil and Criminal Immunity for Private Citizens Aiding Police Officers
§ 36.1. Police Dog Handlers Immune from Liability
§ 36.2. National Park Service Ranger - Same Status as Officers
§ 37. Distinctive Uniforms for Police Officers - Exceptions
§ 37.1. Off-duty Law Enforcement Officers - Powers and Duties - Liability
§ 39. Benefits for Citizens Who Aid
Victims of Rape, Forcible Sodomy, or Domestic Abuse
§ 40.3. Emergency Temporary Order of Protection - Preliminary Investigation
Domestic Abuse Reporting Act
§ 40.6. Duty to Keep Record of Reported Incidents of Domestic Abuse - Monthly Report
§ 40.7. Expert Witness Testimony
Security to Keep The Peace
§ 41. Information of Threat to Commit an Offense
§ 42. Magistrate to Issue Warrant
§ 46. Bond - Giving of, or Omission
§ 47. Discharge Upon Giving Security
§ 48. Transmission of Undertaking to District Court
§ 49. Assault in the Presence of Court or Magistrate
§ 50. Duty to Appear in District Court
§ 51. Discharge If Complainant Fails to Appear - Exception
§ 52. Hearing of Proof and Allegations If Both Parties Appear
§ 53. Breach Upon Failure to Appear or Conviction of Breach of Peace
§ 55. Allegation Stated in Record As Breach of the Undertaking
§ 56. Requirement of Security Only as Prescribed in Article
Reporting by Health Care Professionals of Domestic Abuse
§ 59. Immunity from Liability for Reporting Domestic Abuse
Protection from Domestic Abuse Act
§ 60.2. Protective Order - Petition - Form - Filing Fee - Preparation - Protection of Animal
§ 60.3. Emergency Ex Parte Order - Hearing
§ 60.5. Police to be Sent Copy of Protective Order
§ 60.6. Violation of Protective Order - Penalty
§ 60.7. Orders Valid Statewide Unless Expressly Modified
§ 60.8. Seizure and Forfeiture of Weapons and Instruments
§ 60.9. Warrantless Arrest - Proceedings
§ 60.11. Statement Required on All Ex Parte or Final Protective Order
§ 60.12. Foreign Protective Orders
§ 60.15. Notice of Victim's Rights
§ 60.16. Duties of Police Officer - Emergency Temporary Order of Protection
§ 60.17. Orders for the Protection of Victims - GPS Monitoring Requirements
§ 60.17. Orders for the Protection of Victims
§ 60.18. Expungement of Victim Protective Orders
§ 60.19. Emergency Protective Orders in Deprived Child Proceedings - Confidentiality
Uniform Interstate Enforcement of Domestic Violence Protection Orders Act
§ 60.23. Enforcement of Valid Foreign Protection Order in Tribunal of This State
§ 60.24. Enforcement of Valid Foreign Protection Order by Law Enforcement Officer of This State
§ 60.25. Registration of Foreign Protection Orders
§ 60.27. Rights Under Act Not Exclusive of Other Remedies
§ 60.29. Applicability of Act Prior to November 1, 2008
§ 60.30. Integrated Domestic Violence Docket - Pilot Program
§ 60.31. Family Justice Centers
§ 61. Authorization of Domestic Violence Courts
Use of Force for the Protection of the Unborn Act
§ 73. Circumstances Justifying Pregnant Woman's Use of Force to Protect Unborn Child - Limitations
Police
Execution of Process
§ 91. Authority of Officers to Command Assistance
§ 92. Officer to Certify Names of Resisters
§ 93. Penalty for Refusing to Assist Officer
§ 94. Ordering Forces from Other Counties to Assist
§ 95. Duty of Governor to Furnish Military Force When Civil Power Insufficient
Unlawful Assemblies
§ 101. Unlawful Assembly - Crowd Dispersion
§ 102. Arrest of Persons Failing to Disperse
§ 103. Failure to Aid Officers - Penalty
§ 104. Neglecting to Suppress Unlawful Assembly - Penalty
§ 105. Officer's Authority to Disperse and Arrest Offenders - Commanding Aid
§ 106. Duty to Use Every Endeavor Before Endangering Life
§ 107. Resisting Execution of Process Regarding Riot or Insurrection, etc. - Penalty
Chapter 2A - Bogus Check Restitution Program
§ 112. Referral of Complaints - Guidelines
§ 115. District Attorney's Staff to Perform Certain Duties
§ 116. Annual Report by District Attorneys
Chapter 3 - Jurisdiction and Commitment
Jurisdiction and Venue
§ 121. Commencement of Offense Outside State, Consummated Within the State - Jurisdiction
§ 122. Duel Outside State Resulting in Death - Jurisdiction
§ 123. Leaving State to Evade Dueling and Fighting Statutes - Jurisdiction
§ 124. Jurisdiction When Two Counties Involved
§ 125. Offense Committed on Boundary of Two Counties - Jurisdiction
§ 125.1. Venue for Pattern of Criminal Offenses
§ 126. Kidnapping, Taking Away Child, Unmarried Female, etc. - Jurisdiction
§ 128. Stolen Property Moved from One County to Another - Jurisdiction
§ 129. Accessory - Jurisdiction
§ 130. Conviction or Acquittal Outside State or County a Bar
§ 131. Conviction or Acquittal in One County Bars Another Prosecution
§ 132. Escape of Prisoner - Jurisdiction
§ 133. Receiving Property Stolen In Another State or County - Jurisdiction
§ 134. Murder or Manslaughter - Jurisdiction Where Injury and Death in Different Counties or States
§ 135. Jurisdiction Where Principal Not Present
§ 136. Pleas of Guilty or Nolo Contendere and Waiver of Venue
Limitations
§ 151. Prosecution for Murder, First and Second Degree Manslaughter
§ 153. Limitation Not Included When Defendant is Not Within the State
Magistrates
§ 161. Definition of Magistrate
Arrest and Appearance Before Magistrate
§ 171. Issuance of Arrest Warrant upon Verified Complaint
§ 171. Issuance of Arrest Warrant upon Verified Complaint
§ 171.1. Arrest Warrant for Prisoner Escaping from Confinement
§ 171.3. Immigration Detainer Request - Duty of Law Enforcement Agency - Proof of Citizenship
§ 174. Execution of Warrant by Peace Officer
§ 176. Procedure for Felony Charge - Use of Closed Circuit Television
§ 178. Procedure Upon Taking Bail
§ 179. Bail Not Given - Defendant Taken Before Magistrate
§ 180. Procedure Where Magistrate Absent
§ 181. Defendant Taken Before Magistrate Without Delay
§ 182. Complaint When Defendant Taken Before Magistrate Other than Issuing Magistrate
§ 183. Procedure for Arrest Where Offense Triable in Another County
§ 184. Taking Defendant before Magistrate Where Offense is Triable
§ 185. Misdemeanor Warrants - Verbal Warning or Defendant Taken Before Magistrate
§ 187. Persons Having Authority to Arrest
§ 188. Aiding Officer in Execution of Warrant
§ 189. Time for Making Felony Arrest
§ 190.1. Arrested Without Warrant for Offense Not Bailable To Be Held By County Sheriff
§ 192. Officer Must Show Defendant Warrant
§ 193. Officer's Authority When Defendant Resists Arrest
§ 194. Officer's Authority to Break Window or Door
§ 195. Officer's Authority to Break Door or Window to Liberate Person
§ 196. Arrest Without Warrant by Officer
§ 197. Breaking Door or Window During Warrantless Arrest
§ 198. Warrantless Arrest of Suspect at Night
§ 199. Warrantless Arrest - Informing Person of Authority
§ 200. Officer Takes Offender to Magistrate in Arrest by Bystander
§ 201. Public Offense Committed Before Magistrate - Arrest of the Offender
§ 202. Authority of Private Person to Arrest Another
§ 203. Arrest by Private Person-Informing Person of the Cause
§ 204. Private Person's Authority to Break Door or Window to Arrest Another
§ 205. Private Person Making Arrest Must Deliver Suspect to Magistrate or Officer
§ 206. Taking Weapons from the Person Arrested
§ 207. Authority to Pursue and take Escaped Prisoner
§ 208. Breaking Door or Window to Take Person Escaping or Rescued
§ 209. Citation to Appear - Issuance-Summons - Failure to Appear
§ 210. DNA Testing Upon Arrest - Collection, Analysis, Destruction, and Expungement of DNA Samples
§ 211.1. Inadmissibility of DNA Information Required to be Automatically Expunged
Uniform Act on Fresh Pursuit
§ 221. Officer of Another State - Fresh Pursuit in this State - Authority to Arrest
§ 222. Hearing Before Magistrate
§ 223. Construction of Section One
§ 224. State - Includes District of Columbia
§ 225. Fresh Pursuit - Defined
Misdemeanors
§ 231. Misdemeanor - Complaint, Warrant for Arrest and Bond
§ 233. Judgment and Execution on the Bond
Examination and Commitment
§ 251. Duty to Inform Defendant of the Charge and Rights
§ 252. Right to Contact Counsel - Change of Venue
§ 253. Examination of Defendant
§ 254. Time for Completion of Examination
§ 255. Commitment or Bail Upon Adjournment of Examination
§ 256. Commitment for Examination - Order
§ 257. Magistrate's Duty to Read Complaint and Issue Subpoenas
§ 258. Preliminary Examinations and Proceedings Thereon
§ 258. Preliminary Examinations and Proceedings Thereon
§ 259. Examination of Defense Witnesses After State Rests
§ 260. Keeping of Depositions by Magistrate - Inspection
§ 262. Discharge of Defendant - Endorsement on Complaint
§ 263. Malicious Prosecution - Payment of Costs
§ 264. Order Holding Defendant to Answer
§ 265. Endorsement Where Offense Not Bailable
§ 266. Endorsement Where Bail Taken
§ 267. Endorsement Where Bail Not Taken
§ 270. Written Undertaking of Material Witnesses
§ 271. Written Undertaking with Sureties for Appearance of Witness
§ 273. Commitment of Witness Refusing to Appear and Testify
§ 274. Additional Sureties for Material Witnesses - Arrest
§ 275. Commitment of Arrested Witness Who Refuses to Testify
§ 276. Magistrate's Duty to Return Documents After Discharge of Holding of Defendant
Chapter 4 - Post-Commitment Proceedings
§ 301. Manner of Prosecution for Felonies and Misdemeanors
§ 302. Definition of Indictment
§ 303. Subscription, Endorsement, and Verification of Information - Excusing Endorsement
Deferred Prosecutions
§ 305.1. Deferred Prosecution Programs - Guidelines - Factors Considered
§ 305.2. Agreements to Defer Prosecution - Consideration - Contents - Conditions
§ 305.3. Termination of Deferred Prosecution Agreement
§ 305.4. Completion of Program - Records
§ 305.6. District Attorneys Training Coordination Council - Duties
§ 305.7. Restorative Justice Pilot Program - Definitions - Expiration
Grand Juries
§ 311. Definition of Grand Jury
§ 311.1. Required Warning Upon the Petition for Grand Jury
§ 312. Who May Challenge Grand Jury
§ 313. Grounds for Challenge to the Panel
§ 314. Panel Discharged Upon Successful Challenge
§ 315. Grounds for Challenge to Individual Grand Juror
§ 317. Court Ruling on the Challenge
§ 318. Effect of Challenge to Individual Grand Juror
§ 319. Grand Jury's Duty to Report Violation
§ 320. Time for Challenges to Grand Jury - Exception
§ 321. Summons of Another Grand Jury
§ 323. Appointment of Grand Jury Foreman
§ 324. Oath to Grand Jury Foreman
§ 326. Charge of Grand Jury by the Court
§ 327. Grand Jury Retires to Private Room
§ 328. Grand Jury Appointment of Clerk
§ 329. Discharge of Grand Juror
§ 330. Discharge of Grand Jury
§ 331. Power of Inquiring into Offenses
§ 332. Foreman Administers Oath
§ 333. Grand Jury - Evidence - Each Indictment Voted Separately
§ 335. Grand Jury - Evidence for Defendant - Procuring Additional Evidence
§ 337. Members to Report Offenses
§ 339. Free Access to Prisons and Public Records
§ 341. Secrecy of the Grand Jury
§ 342. Circumstances Requiring Disclosure of Testimony
§ 343. Privilege of Grand Jurors
§ 344. Interpreter - Appointment - Compensation
§ 345. Grand Jury - Limitation on Convening Before and After Elections
§ 346. Grand Jury - Formal Written Reports - Contents
Multicounty Grand Jury Act
§ 350. Short Title - Governing Provisions
§ 351. Verified Application by Attorney General - Contents
§ 353. Jurisdiction of Multicounty Grand Jury
§ 354. Powers of Multicounty Grand Jury - Documents
§ 355. Disclosure by Attorney General - Duty of Secrecy - Right to Counsel
§ 356. Jurisdiction Not Limited or Preemptive of Previous Investigation
§ 357. Presentation of Evidence by Attorney General - Power of Prosecution
§ 358. Venue and Consolidation of Indictments by Grand Jury and Multicounty Grand Jury
§ 359. Duties of Administrative Director of the Courts - Preparation of Jury Lists
§ 360. Summons of Prospective Jurors for Service
§ 362. Payment of Costs and Expenses
Chapter 5 - Indictment and Information
General Provisions
§ 381. Indictment by Nine Grand Jurors - Endorsement as a True Bill
§ 383. Dismissal Does Not Prevent Resubmission
§ 384. Names of Witnesses Endorsed on Indictment
§ 385. Indictment Presented and Filed - Contents Secret
§ 386. Proceedings Where Defendant Not Arrested or Under Bail
§ 387. Pleadings - Forms and Rules
§ 388. First Pleading of the State
Requisites and Sufficiency of Indictment or Information
§ 401. Contents of Indictment or Information
§ 402. Requirement of Directness
§ 403. Prosecution or Indictment of Defendant under Fictitious Name
§ 404. Requirement of One Offense - Same Acts
§ 405. Exact Time of Offense Unnecessary - Exception
§ 406. Erroneous Allegation as to Person Injured Immaterial
§ 407. Construction of Words in Indictment or Information
§ 408. Statutory Words Not Strictly Pursued
§ 409. Sufficient Indictment or Information
§ 410. Imperfections or Defect in Form - Not Prejudicial to Defendant's Rights
§ 411. Presumptions of Law - Matters of Judicial Notice
§ 412. Pleading a Judgment - Jurisdiction
§ 413. Pleading Private Statute - Judicial Notice
Indictments and Information for Particular Offenses
§ 421. Omission in Designating Owner of Building in Indictment for Arson
§ 422. Indictment or Information for Libel
§ 423. Circumstances Where Forgery or Misdescription of Instrument Immaterial
§ 424. Indictment or Information for Perjury
§ 425. Indictment or Information for Larceny or Embezzlement
§ 426. Indictment and Information Relating to Obscenity
Parties Prosecuted
§ 432. Accessory Before the Fact and Principals Distinguished
§ 434. Compounding or Concealing Offense
Joinder of Offenses and of Defendants
§ 436. Charging of Two or More Defendants in Same Indictment or Information-Counts
§ 437. Singular to Include Plural
§ 438. Trial of Two or More Indictments or Informations
§ 439. Relief from Prejudicial Joinder
§ 440. Repeal of Conflicting Laws
Chapter 6 - Transfer of Indictments
§ 441. Grand Jury Investigation of Offenses - Transfer of Indictment
§ 442. Duty of Clerk to Deliver Indictment, Papers, Certified Copy of Proceedings and Bill of Costs
§ 443. Transferred Cases-Entry on the Docket and Issue of Process
§ 444. Cause Retransferred to Proper Court Upon Improper Transfer
§ 445. Transfer to Proper Venue
Chapter 7 - Proceedings Before Trial
Arraignment and Appearance
§ 451. Arraignment of the Defendant
§ 452. Defendant's Personal Presence Required for Felony, Not for Misdemeanor
§ 453. Officer to Bring Defendant to Court
§ 454. Bench Warrant for Arrest
§ 455. Bench Warrant for One or More Counties
§ 456. Form of Bench Warrant for Felony Offense
§ 456A. Fee for Certain Bench Warrants
§ 457. Bench Warrant-Misdemeanor or Bailable Felony
§ 458. Court to Fix Amount of Bail-Endorsement of Bench Warrant
§ 459. When Offense Not Bailable, Defendant Must be Held
§ 460. Service of Bench Warrant
§ 461. Bail Taken in Another County - Post Bond in Other Jurisdiction to Release Hold
§ 462. Commitment or Increased Bail for Felony Indictment
§ 463. Commitment or Issuance of Bench Warrant When Order Made
§ 465. Procedure for the Arraignment
§ 467. Procedure When Defendant Gives No Other Name
§ 468. Defendant Alleging Another Name is True Name
§ 469. Necessity for Filing Information after Preliminary Examination
§ 470. Time for Arraignment Upon Charge of Felony
Oklahoma Drug Court Act
§ 471.2. Drug Court Program Eligibility - Request
§ 471.2. Drug Court Program Eligibility - Request
§ 471.3. Initial Hearing for Consideration
§ 471.5. Admissibility of Statements, Information or Evidence
§ 471.6. Final Eligibility Hearing
§ 471.7. Progress Reports and Periodic Reviews
§ 471.8. Utilization as a Disciplinary Sanction
§ 471.9. Successful Completion of Drug Court Program
§ 471.11. Establishment of Deferred Prosecution Programs
Anna McBride Act
§ 472. Short Title - Mental Health Courts
Pleadings and Motions
§ 491. Time for Defendant to Answer Indictment or Information
§ 492. Pleading to the Indictment or Information
§ 493. Grounds for Setting Aside Indictment or Information
§ 494. Setting Aside Indictment or Information-Application and Procedure
§ 495. Privilege of Witnesses - Incompetency
§ 496. Defendant Precluded from Taking Objections
§ 498. Duty to Immediately Answer Indictment if Motion Denied
§ 499. Discharge or Exoneration of Bail if Motion Granted
§ 500. Resubmission of the Case
§ 501. Setting Aside Indictment or Information Does Not Bar Further Prosecution
§ 502. Pleadings Available to Defendant
§ 503. Demurrer and Plea Made in Open Court
§ 504. Grounds for Demurrer to Indictment or Information
§ 504.1. Motion to Quash for Insufficient Evidence
§ 505. Requirements of the Demurrer
§ 506. Time for Hearing on the Demurrer
§ 509. Demurrer Sustained - Discharge of Defendant or Exoneration of Bail
§ 510. Proceedings Same if Case Further Prosecuted
§ 511. Defendant Pleads If Demurrer Overruled
§ 512. Certain Objections, How Taken
§ 513. Pleas to Indictment or Information
§ 514. Plea Must Be Oral - Record
§ 516. Who May Put In Plea of Guilty
§ 517. Withdrawal of Plea of Guilty
§ 518. Issues Upon Plea of Not Guilty
§ 519. Evidence Under Plea of Not Guilty
§ 520. Circumstances Not Constituting Acquittal
§ 522. Former Conviction or Acquittal Bars Another Indictment or Information
§ 523. Refusal of Defendant to Answer
§ 524. Preliminary Hearing on Felony Indictment-Time for Request-Witnesses-Dismissal
Change of Venue
§ 561. Change of Venue - Application - Affidavits - Several Defendants
§ 562. Change of Venue - Proceedings - Costs and Expenses
§ 563. Removal of Defendant Upon Change of Venue
§ 565. Appearance of State Witnesses Upon Removal
§ 566. Trial Upon Removal-Transfer of Pleadings and Papers
Disqualification of Judges
§ 571. Renumbered as 20 O.S. § 1401 by Laws 1969, SB 23, c. 119, § 1, emerg. eff. April 3, 1969
§ 574. Renumbered as 20 O.S. § 1402 by Laws 1969, SB 23, c. 119, § 1, emerg. eff. April 3, 1969
§ 575. Renumbered as 20 O.S. § 1403 by Laws 1969, SB 23, c. 119, § 1, emerg. eff. April 3, 1969
§ 576. Trial Before Judge Other Than One Who Conducted Preliminary Examination
Miscellaneous Provisions
§ 582. Factual Issues Tried by Jury
§ 583. When Personal Attendance of Defendant Required
§ 584. Postponement of Trial for Sufficient Cause
§ 585. Postponement for Investigation of Claimed Alibi
Chapter 8 - Juries
General Provisions
§ 591. Jurors Summoned Same for Civil and Criminal Actions
§ 592. Formation of Trial Juries
§ 593. Preparation of Ballots by Clerk
§ 594. Names in Panel Called - Attachment Against Those Absent
§ 595. Procedure for Drawing Names from Box
§ 596. Ballots When Jury Completed
§ 597. Ballots After Jury Discharged
§ 598. Ballots When Juror Absent or Excused
§ 599. Names of Jurors Summoned to Complete Jury
§ 600. Public Drawing of Ballots
§ 601. Number of Jurors - Oaths - Fines Not Exceeding Five Hundred Dollars
§ 601a. Alternate Jurors - Challenges - Attendance on Trial
§ 601b. Protracted Deliberations - Order for Alternates to Remain Sequestered
§ 602. Alternative Affirmation
Challenges Generally
§ 621. Two Kinds of Challenges
§ 622. Challenges to Several Defendants Not Severed
Challenges to Panel
§ 633. Grounds for Challenge to the Panel
§ 634. Challenge to Panel - Requirements
§ 635. Trying Sufficiency of the Challenge
§ 636. Withdrawal of Exception - Amendment of Challenge
§ 638. Trial of Challenge to Officer
§ 639. Challenge to Summoning Officer
§ 640. Procedure When Challenge Allowed
Challenges to Individual Jurors
§ 651. Duty to Inform Defendant of Right to Challenge Jurors
§ 652. Classification of Challenges to Individual Juror
§ 654. Definition of Peremptory Challenge
§ 655. Peremptory Challenges - Number Allowed
§ 657. Classification of Challenges
§ 658. General Causes of Challenges
§ 659. Classification of Particular Causes of Challenge
§ 660. Challenge for Implied Bias
§ 661. Exemption from Service as Privilege, Not Cause of Challenge
§ 663. Excepting to the Challenge
§ 665. Examination of Challenged Juror at Trial
§ 666. Examination of Other Witnesses
§ 667. Ruling at Trial of a Challenge
Order of Taking Challenges
§ 691. Challenges to Individual Jurors - Order
§ 692. Challenges for Cause - Order
§ 693. Peremptory Challenges - Order
Chapter 9 - Witnesses
General Provisions
§ 701. Defendant Competent Witness at Trial - Failure to Testify
§ 704. Power of Magistrate to Issue Subpoenas
§ 705. District Attorney to Issue Subpoenas for Grand Jury Investigation
§ 706. District Attorney to Issue Subpoenas for Trial
§ 707. Defendant's Subpoenas for Witnesses
§ 709. Duty of Witnesses to Take Notice of Continuances
§ 715. Witnesses Residing Outside the County
§ 716. Disobedience to Subpoena or Refusal to Testify
§ 717. Disobedience to Defendant's Subpoena
§ 718. Fees - Payment - Witnesses from Another State
§ 719. Persons Held as Material Witnesses to be Informed of Constitutional Rights - Fees
§ 720. Detaining Necessary and Material Witness to a Felony - Procedure - Length of Detention
Uniform Act to Secure Attendance of Witnesses from Without a State in Criminal Proceedings
§ 722. Summoning Witness in this State to Testify in Another State
§ 723. Witness from Another State Summoned to Testify in this State
§ 724. Exemption from Arrest and Service of Process
§ 725. Uniformity of Interpretation
Oklahoma Uniform Act to Secure Rendition of Prisoners in Criminal Proceedings
§ 730. Certificate for Prisoners to Testify in Another State-Hearing and Order
§ 732. Order Provides for Return of Witness - Other Conditions - Expenses - Date of Effectiveness
§ 734. Certification by Judge to Secure Presence of Prisoner in Another State-Requirements
§ 735. Order Directing Compliance with Order from Another State
§ 736. Immunity of Witness from Another State
Chapter 10 - Evidence and Depositions
Evidence Generally
§ 741. Evidence for Conspiracy Where Overt Act Necessary
§ 742. Testimony of Accomplice Requires Corroborating Testimony for Conviction
§ 743. Evidence Required for False Pretenses
§ 744. When Corroborating Evidence is Necessary Upon Trial for Inveigling Unmarried Female
§ 745. Burden of Proof in Mitigation of Murder
§ 746. Evidence Upon Trial for Bigamy
§ 747. Evidence Upon Trial for Forgery of Bill or Note
§ 750. Renumbered as 12 O.S. § 2412 by Laws 1992, SB 860, c. 168, § 1, eff. September 1, 1992
§ 751.1. Requirements for Use of DNA Evidence
Depositions
§ 761. Examination of Witnesses Conditionally on Defendant's Behalf
§ 762. Application for Order for Conditional Examination
§ 762.1. Application for Order that Witnesses be Examined Conditionally
§ 763. Affidavit with Application
§ 764. Application to Court-Notice to Opposing Counsel
§ 765. Order for Examination of Witness
§ 766. Examination Taken Before Magistrate
§ 767. Circumstances Where Examination Cannot Proceed
§ 768. Enforcing Attendance of Witnesses
§ 769. Witness Testimony-Taking and Authentication
§ 770. Reading Depositions into Evidence-Objections
Commission to Take Testimony Outside State
§ 782. Examination of Out of State Witnesses on Commission
§ 783. Affidavit with Application
§ 784. Application Made to Judge - Notice
§ 785. Order Issuing Commission
§ 786. Service of Interrogatories
§ 787. Manner of Return of the Commission
§ 788. Execution of the Commission
§ 789. Delivery of Commission and Return by Agent
§ 790. Delivery When Agent Unable to Personally Deliver Commission
§ 791. Filing of Commission and Return
§ 792. Inspection of Commission and Return
§ 793. Reading Deposition Taken Under Commission into Evidence
Chapter 11 - Dismissal of Prosecution
§ 812.1. Time Limit to Begin Trial
§ 812.2. Time Limit to Begin Trial - Process for Review
§ 814. Dismissal of Action - Discharge or Exoneration of Bail
§ 815. Dismissal by Court - Dismissal by District Attorney - Costs Upon Dismissal
§ 816. Abolishment of Nolle Prosequi
§ 817. Dismissal Does Not Bar Another Prosecution
Chapter 12 - Trial
§ 832. Court Decides Questions of Law
§ 833. Jury Determines Facts in Libel Case
§ 834. Jury Decides Question of Fact - General Verdict
§ 835. Limitation on Number of Counsel Arguing Case
§ 836. Presumption of Innocence - Acquittal Upon Showing of Reasonable Doubt
§ 837. Reasonable Doubt as to Degrees of Guilt
§ 839. Discharge to Compel Defendant to Testify for State
§ 840. Discharge to Compel Defendant to Testify for Codefendant
§ 841. Procedure Where Facts Constitute Higher Offense Than One Charged
§ 842. Discharge of Jury on First Indictment or Information Not Former Acquittal
§ 843. When to Proceed on Original Indictment or Information
§ 844. Grounds for Discharge of Jury
§ 845. Discharge of Defendant Upon Discharge of Jury
§ 846. Procedure Where Another County Has Exclusive Jurisdiction
§ 847. Discharge of Defendant or Exoneration of Bail If Not Arrested on Warrant from Proper County
§ 848. Same Proceedings Upon Arrest of Prisoner
§ 849. Procedure Where No Offense Charged
§ 850. Advising Jury to Acquit Defendant
§ 851. Viewing Place of Alleged Offense - Procedure
§ 852. Duty of Jury to Declare Personal Knowledge in Case
§ 853. Custody and Conduct of Jury Before Submission - Separation - Sworn Officer
§ 853.1. Protective Order for Juror for Good Cause
§ 855. Sickness or Death of Juror
§ 856. Charging the Jury - Procedure
§ 858. Committing Defendant After Appearance for Trial
§ 859. Unavailability of District Attorney at Trial - Appointment of Substitute
§ 860.1. Second or Subsequent Offense - Trial Procedures
§ 861. Formal Exceptions to Rulings or Orders Unnecessary
Chapter 13 - Juries
§ 893. What Jury May Take With Them Upon Retirement for Deliberation
§ 894. Jury Brought Into Court for Information After Retirement-Notice to Parties
§ 895. Discharge of Jury After Retirement - Illness or Accident of Juror
§ 896. No Discharge After Cause Submitted to Jury - Exceptions
§ 897. Retrial of Cause after Discharge of Jury
§ 898. Adjournment of Court-Sealed Verdict - Final Adjournment Discharges Jury
Chapter 14 - Verdicts
§ 911. Jury Comes Into Court Upon Agreement of Verdict - Failure to Appear
§ 913. Jury to be Asked About Verdict
§ 915. Jury Must Find Degree of Guilt
§ 916. Finding of Lesser Included Offense or Attempt
§ 917. Verdict as to Part of Several Defendants-Retrial of the Rest of the Defendants
§ 919. Reconsideration of Verdict Not Rendered in Form
§ 920. Judgment Where Informal Verdict Found by Jury
§ 924. Defendant Remanded or Committed Upon Conviction
§ 925. Verdict of Not Guilty by Reason of Insanity-Form, Commitment
§ 926.1. Circumstances Where Jury Declares Punishment
§ 927.1. Court Declares Punishment When Jury Cannot Agree or Does Not Declare Punishment
§ 928.1. Excess Punishment Disregarded
Chapter 15 - New Trial - Arrest of Judgment
§ 951. New Trial - Definition - Procedure - Capital Cases
§ 952. Grounds for Granting New Trial
§ 953. Time for Applying for New Trial - Limitations
§ 954. Motion in Arrest of Judgment
§ 955. Power of Court to Arrest on Own Motion - Effect
Chapter 16 - Judgment and Execution
General Provisions
§ 961. Court to Appoint Time for Pronouncement of Judgment
§ 962. Appointed Time for Pronouncing Judgment
§ 963. Defendant May be Absent When
§ 964. Directing Officer to Bring Defendant Before Court
§ 965. Failure of Defendant to Appear - Bail Forfeited - Issuance of Bench Warrant
§ 966. Issuance of Bench Warrant Into Counties
§ 966A. Fee for Issuance of Bench Warrant
§ 968. Service of Bench Warrant
§ 969. Arrest of Defendant or Commitment to Officer
§ 970. Proceedings When Defendant Appears for Judgment
§ 971. Showing Cause Against Judgment - Grounds
§ 972. Rendering Judgment When No Sufficient Cause Shown
§ 973. Court May Hear Aggravating or Mitigating Circumstances
§ 973a. PTSD as Mitigating Factor for Veterans - Documentation
§ 974. Testimony Taken in Open Court - Deposition
§ 975. Testimony Offered in Aggravation or Mitigation of Punishment Prohibited - Exception
§ 976. Multiple Offenses - Consecutive or Concurrent Sentences - State Funds
§ 977. Entering Judgment Upon Minutes - Filing of the Record - Information Obtained from Defendant
§ 978. Duty of Officer to Execute a Judgment, Except of Death
§ 979. When Sheriff is to Execute Judgment - Delivery of Defendant
§ 979a. Court Shall Require Prisoner to Pay Costs of Incarceration
§ 980. Duty of Sheriff When Defendant Sentenced to State Prison
§ 981. Authority of Officer to Command Assistance of Citizens - Punishment for Refusal to Assist
§ 982. Presentence Investigation
§ 982b. Abeyance of Sentence of Imprisonment Pending Federal Sentence - Transportation
§ 983a. Court's Authority to Waive Outstanding Fines, Costs, and Fees in Criminal Cases
Victim Impact Statements
§ 984.1. Renumbered as 21 O.S. § 142A-8 by Laws 2010, HB 2964, c. 135, § 19, eff. November 1, 2010
§ 984.2. Renumbered as 21 O.S. § 142A-9 by Laws 2010, HB 2964, c. 135, § 20, eff. November 1, 2010
§ 984.3. Renumbered as 21 O.S. § 142A-10 by Laws 2010, HB 2964, c. 135, § 21, eff. November 1, 2010
Justice Safety Valve Act
§ 985.1. Departure from Mandatory Minimum Sentence
§ 985.2. Reporting of Departures from Mandatory Minimum Sentences
Oklahoma Community Sentencing Act
§ 988.4. Geographic Boundaries of a Community Sentencing System
§ 988.5. Community Sentencing System Planning Council
§ 988.6. Community Sentencing Planning Council - Duties - Employment of Personnel
§ 988.7. Funding for Oklahoma Community Sentencing Act
§ 988.8. Services Available to the Court for Eligible Offenders
§ 988.10. Expenditure of Funds
§ 988.11. Performance-Based Evaluation
§ 988.13. Local Administrator Duties
§ 988.14. Community Sentencing Division - Purpose
§ 988.15. Community Sentencing Division - Duties
§ 988.15. Community Sentencing Division - Duties
§ 988.16. Community Sentencing Pilot Projects - Funding - Review
§ 988.17. Implementation - Evaluation of Eligible Offenders
§ 988.18. Assessment and Evaluation Required Prior to Sentencing
§ 988.20. Imposition of Disciplinary Sanctions or Incentives
§ 988.21. Credits for Incarceration not Applicable to Sentences under This Act
§ 988.23. Participating Agencies and Organizations - Immunity from Liability
§ 988.24. Authorization to Create Pilot Projects
§ 988.25. Non-Eligibility for Community Sentencing
§ 990.1. Establishment of Uniform Supervision Form
Suspension of Judgment and Sentence
§ 991a. Sentence - Powers of the Court
§ 991a. Sentence - Powers of the Court
§ 991a-3. Restitution for Property Unlawfully Obtained and Sold, Traded, Pawned, etc.-Civil Action
§ 991a-4.1. Community Service Sentencing Program
§ 991a-4.2. Early Evaluation Hearing - Eligibility - Notice - List of Applications
Elderly and Incapacitated Victim's Protection Program
§ 991a-16. Applicable Provisions of the Elderly and Incapacitated Victim's Protection Program
§ 991a-17. Punishment for Conviction Under the Elderly and Incapacitated Victim's Protection Program
§ 991a-18. Court Action at Time of Sentencing
§ 991a-19. Seizure of Property Under the Elderly and Incapacitated Victim's Protection Program
§ 991a-20. Punishment for Subsequent Crimes Under this Act
Suspension of Judgment and Sentence (continued)
§ 991b. Revocation of Suspended Sentence - Intermediate Sanction Process - Technical Violations
§ 991f-1.0. Restitution and Diversion Program - Short Title
§ 991f-1.1. Creation of the Restitution and Diversion Program
§ 991f-1.1. Creation of the Restitution and Diversion Program
§ 991g. Rewards by Local Crimestoppers Program - Certification - Audit - Use of Money
§ 991h. Sentencing Powers of the Court Under Certain Titles Issue Order of No Contact
§ 994. Suspension of Judgment and Sentence After Appeal
Nonviolent Intermediate Offender Act
Delayed Sentencing Program For Young Adults
§ 996. Short Title - Regimented Inmate Discipline (RID) Program
§ 996.2. Duty of Department of Corrections to Establish Procedures
Chapter 17 - The Death Penalty
§ 1001. Judgment of Death - Warrant
§ 1001.1. Time for Execution of Judgment Imposing Death Sentence - Stay of Execution
§ 1002. Judge's Duty to Inform Governor of Death Penalty Conviction
§ 1004. Reprieve and Suspension of Execution - Authority of Officers
§ 1010. Pregnancy of Prisoners - Judicial Investigation
§ 1011. Finding of No Pregnancy - Execution - Contra, Execution Suspended
§ 1014. Manner of Carrying Out Punishment of Death
§ 1015. Execution of Judgment of Death - Location - Procedure
§ 1016. Warden's Return upon Death Warrant
Chapter 18 - Appeals
§ 1052. Article Prescribes Appeal Process
§ 1053. State or Municipality May Appeal in What Cases
§ 1053. State or Municipality May Appeal in What Cases
§ 1053.1. Automatic Appeal of Judgements Holding Statutes Unconstitutional in Criminal Actions
§ 1054.1. Perfection of an Appeal not Conditioned on Motion for New Trial
§ 1056. Appeal by State Does Not Stay the Judgement
§ 1065. Appeal by Defendants Tried Jointly
§ 1067. Discharge of Defendant if No Offense Committed - Defective Indictment
§ 1069. Informality Does Not Dismiss Appeal
§ 1070. Judgment Executed When Affirmed
§ 1071. Opinions of the Criminal Court of Appeals Recorded
§ 1071.1. Oklahoma Court of Criminal Appeals to Publish Opinions and to Provide Notice
§ 1076. Notice to Defendant of his Right to Appeal-Stay of Execution of Judgment
§ 1078. Amount of Bond - Time to Make Appeal Bond - Stay Pending Appeal - Additional Bond
§ 1079. Denial of Bail - Review by Habeas Corpus
Uniform Post-Conviction Procedure Act
§ 1080. Post-Conviction Procedure Act - Right to Challenge Conviction or Sentence.
§ 1080.1. One-year Period of Limitation for Filing
§ 1081. Commencement of Proceeding
§ 1082. Court Costs and Expenses of Representation
§ 1083. Response by State - Disposition of Application
§ 1084. Evidentiary Hearing - Findings of Fact and Conclusions of Law
§ 1085. Finding in Favor of Applicant
§ 1086. Subsequent Application
§ 1087. Appeal to Court of Criminal Appeals
§ 1088.1. Application for Post-Conviction Relief-Reasonable Inquiry Required-Sanctions for Violation
§ 1089. Post-Conviction Relief for Death Penalty Conviction - Grounds for Appeal
§ 1089. Post-Conviction Relief for Death Penalty Conviction - Grounds for Appeal
Appeal by State
§ 1089.1. State's Right to Appeal
§ 1089.2. Time for Notice of the State's Intent to Appeal -Application
§ 1089.3. Waiver of Right to Appeal by State
§ 1089.5. Appeal by State of Preliminary Ruling - Standard for Review
§ 1089.6. Erroneous Rulings Remanded to Magistrate
§ 1089.7. Appeal to Court of Criminal Appeals - Procedure
Oklahoma Survivors’ Act
§ 1090.4. Lessening Sentence of Defendant Serving Sentence - Hearing
Interstate Compact for Adult Offender Supervision
§ 1092. Repeal of the Uniform Act for Out-of-State Parolee Supervision
§ 1093. Authorization, Execution, and Form of Compact
§ 1094. Oklahoma State Council for Interstate Adult Offender Supervision
§ 1095. Compact Administrator - Appointment, Duties, and Salary
Chapter 18
Appendix. Rules of the Court of Criminal Appeals
Section I
§ Rule 1.2. Methods For Bringing Appeals and Original Actions
§ Rule 1.3. Records - Withdrawal
§ Rule 1.4. Computation of Time for Appeal
§ Rule 1.5. Clerk's Office Closed
§ Rule 1.6. Non-Resident Attorneys; Recognition
§ Rule 1.7. Communication to be Addressed to Clerk of this Court
§ Rule 1.8. Notice; Sufficiency
§ Rule 1.9. Required Number of Copies; Pleadings and Motions; Service
§ Rule 1.11. Application in Forma Pauperis
§ Rule 1.12. Form of Affidavit in Forma Pauperis
§ Rule 1.15. Use of Court Reporter's Transcripts and Recordings by Appellate Indigent Defender
§ Rule 1.16. Application of Appellant to Proceed With Appeal Pro Se
§ Rule 1.17. Use of Generative Artificial Intelligence
Section II
§ Rule 2.2. Form and Contents of Record
§ Rule 2.3. Time for Completion of Record
§ Rule 2.5. Notice of Intent to Appeal; Designation of Record
§ Rule 2.7. Procedures for Sealing Record
Section III
§ Rule 3.1. Contents of Petition in Error; Filing
§ Rule 3.2. Instruments to Be Filed to Complete the Appeal
§ Rule 3.3. Joinder of Appellants
§ Rule 3.4. Briefs; Service and Filing
§ Rule 3.5. Briefs; Contents; Citation of Authorities
§ Rule 3.6. Failure to Appeal or File Briefs; Duty of Counsel; Scope of Review
§ Rule 3.7. Contempt of Court, What Constitutes
§ Rule 3.8. Assignment for Oral Argument; Notice
§ Rule 3.9. Argument; Opening and Closing; Time
§ Rule 3.10. Motion; Requisites
§ Rule 3.11. Supplementation of Record
§ Rule 3.13. Opinions; Definition of Votes
§ Rule 3.14. Rehearing; Requisites of Petition
§ Rule 3.15. Mandate; Stay; Further Petition for Rehearing
§ Rule 3.16. Notification of Mandate
§ Rule 3.17. Motion to Abate Appeal
Section IV
§ Rule 4.1. Mandatory Form for Plea of Guilty Summary of Facts
§ Rule 4.2. Requirements for Commencement of Certiorari Appeal
§ Rule 4.3. Time for Lodging Appeal; Record of Proceedings; Contents of Petition in Error; Briefs
§ Rule 4.4. Service of Petition and Brief in Support on District Attorney and Attorney General
§ Rule 4.5. Bail Pending Decision on Certiorari Appeal
§ Rule 4.6. Oral Argument, Opinions, Rehearing and Issuance of Mandate
Section V
§ Rule 5.1. Purpose of Procedures
§ Rule 5.2. Appeal from Final Judgment
§ Rule 5.3. Duties of Court Clerks and Court Reporters
§ Rule 5.4. Duties of the Judge of the District Court
§ Rule 5.5. Final Order; Exhaustion of State Remedies
§ Rule 5.6. Form for Application for Post-Conviction Relief
Section VI
§ Rule 6.1. Commencement of Appeal
Section VII
§ Rule 7.1. Courts from Which Appeals are Lodged
§ Rule 7.2. Notice of Intent to Appeal
§ Rule 7.3. Time for Perfecting Appeal; Extension Request; Record of Proceedings
§ Rule 7.4. Duties of Court Clerk
§ Rule 7.5. Petition in Error; Time for Filing; Contents; Brief
§ Rule 7.6. Oral Argument; Opinions; Rehearing; Issuance of Mandate
§ Rule 7.7. Stay of Proceedings
Section VIII
§ Rule 8.2. Immediate Confinement on Refusal or Neglect to Pay Fine and/or Costs
§ Rule 8.3. Ordering Installment Payments and Fixing the Date
§ Rule 8.4. Failure to Make Installment Payments When Due
§ Rule 8.5. Inability to Pay Installments Because of Physical Disability or Poverty
§ Rule 8.6. Change of Conditions; Incarceration for Failure to Appear or Satisfy Fine and/or Costs
§ Rule 8.7. Court Reporter; Judicial Order Reduced to Writing and Filed of Record; Contents of Order
§ Rule 8.8. Direct Appeal from an Order of Detention and Scope of Appeal
Section IX
§ Rule 9.1. Applicable Provisions
§ Rule 9.3. Briefs; Time Limitations; Oral Argument
§ Rule 9.4. Mandatory Sentence Review; Time for Disposition
§ Rule 9.6. Appeals from Resentencing
§ Rule 9.7. Post-Conviction Procedures in Capital Cases
Section X
§ Rule 10.1. Types of Extraordinary Writs; Jurisdiction; Duties of District Court Clerk
§ Rule 10.4. Oral Argument, Response, Disposition, Evidentiary Hearing
§ Rule 10.5. Perfecting a Petition for Extraordinary Writ
§ Rule 10.6. Requirements for Particular Writs
Section XI
§ Rule 11.1. Creation of an Accelerated Docket
§ Rule 11.2. Automatic Assignment of Certain Cases to the Accelerated Docket
§ Rule 11.3. Application for Accelerated Docket in Cases Not Included Above
§ Rule 11.4. Cases Not Eligible for Placement on the Accelerated Docket
§ Rule 11.5. Forms to be Used Relative to the Accelerated Docket
Section XII
§ Rule 12.1. Powers of the Division; Purpose of Rules
§ Rule 12.2. Activation and Appointment of Division Panels
§ Rule 12.3. Assignment of Cases to Panels
§ Rule 12.4. Communications to Be Addressed to Clerk
§ Rule 12.5. Monitoring Cases Assigned to Emergency Appellate Division
§ Rule 12.6. Disqualification of Judges Assigned to Panels of the Emergency Appellate Division
§ Rule 12.7. Disposition of Cases Assigned to Emergency Appellate Division
§ Rule 12.9. Petition for Rehearing
§ Rule 12.10. Petition for Review
§ Rule 12.12. Publication and Citation
Section XIII
§ Form 13.0. Mandatory Forms to be Utilized in Criminal Cases in the State of Oklahoma
§ Form 13.2. Affidavit in Forma Pauperis
§ Form 13.3. Pauper's Affidavit
§ Form 13.4. Notice of Intent to Appeal
§ Form 13.5. Certification of Appeal Rights
§ Form 13.6. Application to Proceed Pro Se on Direct Appeal
§ Form 13.7. Order Allowing Defendant to Proceed Pro Se on Appeal
§ Form 13.8. Uniform Judgment and Sentence
§ Form 13.8a. Additional Findings at Time of Sentencing
§ Form 13.9. Certificate of Original Record
§ Form 13.10. Uniform Plea of Guilty--Summary of Facts
§ Form 13.11. Application for Post Conviction Relief
§ Form 13.11a. Application for Post-Conviction Relief--Death Penalty
§ Form 13.12. Report of Trial Judge in Capital Felony
§ Form 13.13. Accelerated Docket Waiver
§ Form 13.14. Application for Accelerated Docket
§ Form 13.15. Response to Application for Accelerated Docket
§ Form 13.16. Order to Transport Sealed Exhibits on Appeal
§ Form 13.17a. Affidavit Regarding Ability to Pay
§ Form 13.17b. Summons for Court Financial Obligations (District)
§ Form 13.17c. Summons for Court Financial Obligations (Municipal)
§ Form 13.17d. Cost Arrest Warrant (District)
§ Form 13.17e. Cost Arrest Warrant (Municipal)
§ Form 13.17f. Cost Arrest Warrant (District)
§ Form 13.17g. Cost Cite and Release Warrant (Municipal)
§ Form 13.18. Mary Rippy Violent Crime Act Notice
Section XIV
§ Rule 14.1. Expungement of Criminal Appellate Records
§ Rule 14.2. Application for Expungement
§ Rule 14.3. Inspection of Expunged Criminal Appellate Records
Section XV
§ Rule 15.1. Purpose and Procedural Format
§ Rule 15.3. Time for Appeal, Petition in Error, Briefs, and Service
§ Rule 15.5. Petitions for Rehearing
Section XVI
§ Rule 16.1. Purpose of Procedures
§ Rule 16.2. Proceedings Before the District Court
§ Rule 16.3. Notice of Intent to Appeal; Stay
§ Rule 16.4. Perfecting an Appeal
Chapter 19 - Bail
§ 1101. Offenses Admitting Bail - Persons Authorized to Take Bail
§ 1102. Bail In Death Penalty Cases
§ 1104. Qualifications of Bail
§ 1105.1. Pretrial Release Act - Short Title
§ 1105.2. Pretrial Release Act - Applicability - Setting of Bail - Schedule - Electronic Monitoring
§ 1105.3. Pretrial Release Act - Pretrial Release Programs - Persons Eligible - Minimum Criteria
§ 1106. Deposit Equivalent to Bail
§ 1107. Arrest by Bail - Defendant Recommitted - Exoneration of Bail
§ 1108.1. Own Recognizance Bonds - Posting - Forfeiture - Not Applicable to Certain Cases
§ 1109. Circumstances Requiring Better Security
§ 1110. Jumping Bail - Penalties
§ 1111. Cash Bond for Violations of Game and Fish, Water Safety and Water Pollution Laws
§ 1111.1. Return of Operator's License
§ 1111.2. Failure to Appear for Arraignment
§ 1114.3. Stamping and Filing of Traffic Tickets - Duty to Prosecute
§ 1114.3A. Citation - Delivery of Complaint Information and Abstract of Court Record
State and Municipal Traffic, Water Safety, and Wildlife Bail Bond Procedure Act
§ 1115. Short Title - Applicability
§ 1115.1. Personal Recognizance - Eligibility - Procedure - Plea - Failure to Appear
§ 1115.2B. When Person May be Arrested or Taken Into Custody - Procedures - Juveniles
§ 1115.5. Duties of Service Oklahoma Regarding Driving Privilege Suspensions
Chapter 20 - Fugitives From Justice
§ 1121. Governor's Authority to Offer Reward for Fugitives
§ 1122. Reward for Arrest and Conviction
§ 1123. Extradition and Delivery of Fleeing Felons to Governor
§ 1134. Foreign Arrests, Expenses of
§ 1135. No Reward for the Return of Fugitives Pursuant to Section 1134
Uniform Criminal Extradition Act
§ 1141.3. Extradition - Demand - Requisites of
§ 1141.4. Governor - Attorney General - Investigation
§ 1141.5. Extradition - Person Held for Crime in Other State
§ 1141.6. Person Committing Crime in Third State
§ 1141.7. Governor - Sign Warrant - When
§ 1141.8. Peace Officers - Authority Under Warrant
§ 1141.9. Peace Officer - Authority - Same
§ 1141.10. Fugitive Granted Twenty-four Hours
§ 1141.11. Penalty for Unlawful Delivery of Fugitive
§ 1141.12. Officer Transporting Fugitive - May Use Any County or City Jail
§ 1141.13. Judge or Magistrate - Issue Warrant - When
§ 1141.14. Arrest Without Warrant
§ 1141.16. Bail - Conditions of
§ 1141.17. Governor - Failure of to Sign Warrant in Time Specified
§ 1141.19. Governor - Discretion to Hold or Surrender
§ 1141.20. Governor Not to Inquire into Guilt or Innocence
§ 1141.21. Governor May Recall Warrant
§ 1141.22. Governor to Issue Warrant to Agent Returning Fugitive
§ 1141.23. Prosecuting Attorney to Present Application
§ 1141.24. Fugitive Returned - Not Subject to Service of Personal Process
§ 1141.25. Fugitive May Waive Proceedings
§ 1141.26. Waiver Not to Affect State's Rights
§ 1141.27. Fugitive - Tried for Crimes
§ 1141.28. Interpretation of Act
Uniform Disposition of Criminal Cases on the Merits Act
§ 1145.4. Disposal of Criminal Charge at Request of Defendant
§ 1145.5. Relief Available - Effect of Judgement - Act as Supplemental
§ 1145.6. Procedures, Rules and Regulations
Chapter 21 - Habeus Corpus
§ 1151. Writs of Habeas Corpus - Purpose of Testimony or Surrender in Discharge of Bail
Chapter 22 - Insanity of Accused
§ 1162. Inquiry into Defendant's Sanity by Jury
§ 1163. Suspension of Trial Until Insanity Determined
§ 1164. Order of Trial for Insanity Question
§ 1165. Duties and Rules in Insanity Trials
§ 1166. Trial Proceeds If Defendant Sane
§ 1167. Finding of Insanity - Suspension of Trial or Judgment - Commitment to State Hospital
§ 1168. Commitment of Defendant Exonerates Bail
§ 1169. Defendant Becoming Insane
§ 1170. Expense of Keeping Defendant
Determination of Competence
§ 1175.3. Hearing - Date - Evidence - Orders - Examination of Accused - Instructions to Physician
§ 1175.5. Questions to be Answered in Determining Competency
§ 1175.6a. When Person is Found Incompetent and Requiring Treatment - Restoring Competency
§ 1175.8. Resumption of Competency - Application Seeking Authorization of Medication - Order
§ 1175.8. Resumption of Competency
Chapter 23 - Removal of Officers
§ 1181. Causes for Removal of Officers
§ 1181.1. Acts of Commission, Omission or Neglect Committed During Present or Prior Term
§ 1181.2. Allegations of Commission or Omission
§ 1182. Accusation Presented by Grand Jury
§ 1183. Accusation Requirements
§ 1184. Transmission of Answer to District Attorney-Filing
§ 1185. Appearance Required by the Defendant
§ 1186. Defendant's Answer to Allegations
§ 1187. Objecting to the Sufficiency of the Accusation
§ 1188. Denial of Truth of Accusation
§ 1189. Defendant's Answer to Accusation
§ 1190. Judgment of Conviction Upon Guilty Plea-Trial
§ 1191. Jury Trial-Same Manner as Misdemeanor
§ 1192. Removal Upon Conviction
§ 1193. Accusation Against District Attorney
§ 1194. Presentation of Accusation by County Commissioners or Judge and Treasurer -Jurisdiction
§ 1196. Removal Upon Finding of Guilty - Judgment
§ 1197. Act Not Applicable to Legislators
Chapter 24 - Searches and Seizures
General Provisions
§ 1221. Definition of Search Warrant
§ 1222. Grounds for Issuance of Search Warrant - Seizure of Property, Person
§ 1223. Requirement of Probable Cause
§ 1223.1. Electronically Recorded Oral Statement - Transcription
§ 1224.1. Oral Testimony Supplemental to Affidavit
§ 1224.2. Filing and Indexing of Documents
§ 1225. Requisites of Search Warrant
§ 1226. Form of Search Warrant
§ 1227. Who May Serve Search Warrant
§ 1228. Breaking of Windows and Doors in Executing the Warrant
§ 1229. Liberating One Detained in Course of Executing the Warrant
§ 1230. Time for service of search warrant
§ 1231. Time for Execution of Search Warrant
§ 1232. Disposition of Property Delivered to Magistrate
§ 1233. Officer to Return Warrant - Verified Inventory, Arrest
§ 1234. Inventory of Property Taken
§ 1235. Testimony Taken When Grounds of Issuance Controverted
§ 1237. Restoring Property Taken Pursuant to Warrant
§ 1238. Return of Depositions, Search Warrant and Inventory to District Court
§ 1239. Procuring Issuance of Search Warrant Without Probable Cause - Penalty
§ 1240. Exceeding Authority While Executing Search Warrant - Penalty
§ 1241. Search of Defendant for Dangerous Weapons or Evidence
Liquor and Gambling Paraphernalia
§ 1261. Seized Property - Report and Disposition
§ 1262. Seized Property - Penalty
§ 1263. Penalty for Sale, etc., by Officer
§ 1264. False Affidavits - Penalty
Chapter 25 - Miscellaneous Provisions
In General
§ 1272. Entitling Affidavit or Deposition Unnecessary
§ 1273. Errors Regarding Pleadings or Proceedings Harmless Unless Prejudicial
§ 1274. Circumstances Requiring Informer to Pay Costs
§ 1275. Record of Indictments, Informations and Bonds
Compromises
Criminal Proceedings Against Corporations
§ 1301. Information and Summons Against Corporation
§ 1303. Service of Summons to Corporation
§ 1304. Investigation of Corporation As Natural Person
§ 1305. Certification by Magistrate After Hearing
§ 1306. Certificate Showing Sufficient Cause - Corporation Proceeded Against As Natural Person
§ 1307. Appearance and Entering of Plea by Corporation
§ 1308. Fine of Corporation Collected Upon Conviction
Stolen Property and Property Taken From Defendant
§ 1321. Return of Stolen Property Without Delay - Procedure - Notice Requirements
§ 1322. Order by Magistrate Requiring Delivery of Stolen Property
§ 1323. Delivery of Stolen Property to Rightful Owner
§ 1324. Restoration of Stolen Property by the Court
§ 1325. Unclaimed Property or Money in Sheriff's Possession - Disposition - Procedure
§ 1326. Receipt Required for Money or Property Taken from Defendant
§ 1327. Disposition of Exhibits
Rewards
§ 1331. Reward for Arrest of Person Stealing Horse or Mule
§ 1334. Rewards for Littering Offenses
Shoplifting
§ 1342. Arrest Without Warrant Authorized When Reasonable
§ 1343. Detention of Suspect - Purposes
§ 1344. Concealing Unpurchased Merchandise - Presumption
Interstate Agreement on Detainers Act
§ 1346. Appropriate Court - Definition
§ 1347. Interstate Agreement on Detainers
§ 1348. Enforcement of Agreement
§ 1349. Central Administrator and Information Agent
Indigent Defense Act
§ 1355. Short Title - Creation of Indigent Defense System
§ 1355A. Indigent Request for Representation
§ 1355.1. Creation of Oklahoma Indigent Defense System Board
§ 1355.3. Powers and Duties of the Board
§ 1355.4. Executive Director of OIDS - Appointment and Duties
§ 1355.4. Executive Director of OIDS - Appointment and Duties
§ 1355.6. Responsibility to Defend All Indigents - Application Procedure
§ 1355.7. Conflict of Interest
§ 1355.8. Selection and Appointment of Attorneys - Award of Contracts - Eligibility - Fees
§ 1355.9. Establishment of Offices
§ 1355.13. Death Penalty Cases - Compensation of Counsel
§ 1355.13A. Death Penalty Cases Where Counsel Appointed Prior to July 1, 1991 - Compensation
§ 1355.14. Costs of Representation
§ 1355.15. Court Costs Resulting From Contempt Citations
§ 1358. Appointment of Appellate Public Defender - Conflicts - Private Counsel - Compensation
§ 1359. Renumbered as 19 O.S. § 138.9 by Laws 1992, HB 1364, c. 303, § 31, emerg. eff. July 1, 1992
§ 1360. Appellate Public Defenders Prohibited from Representing Indigents in United States Court
§ 1363. Filing of Jurisdictional Documents
§ 1364. Notice of Appointment of Appellate Public Defender - Transfer of Necessary Documents
§ 1366. Time Period for Appointment of Counsel
§ 1367. Liability Waived for Volunteer Attorneys
§ 1368. Indigent Defense System Revolving Fund
§ 1369. Contract Retention Revolving Fund
§ 1370.1. Forensic Testing Revolving Fund
DNA Forensic Testing Act
§ 1371. Short Title - Program Duration
§ 1371.1. Purpose of Program - Authority of the Oklahoma Indigent Defense System - Claim Priority
§ 1372. Preservation and Retention of Biological Evidence for Specified Time
Postconviction DNA Act
§ 1373.2. Eligibility and Procedures for Postconviction DNA Testing
§ 1373.3. Referral of Pro Se Requests for Testing - Qualified Parties
§ 1373.6. When State and Convicted Person Agree to Postconviction DNA Testing
Vacate or Set Aside Judgment or Conviction
§ 1381. District Attorney Motion - Court Jurisdiction and Authority
Chapter 26 - Oklahoma Racketeer-Influenced and Corrupt Organizations Act
§ 1403. Prohibited Acts - Venue
§ 1404. Penalty for Violation - Authority to Institute Proceedings
§ 1405. Procedures for Criminal Forfeiture of Property
§ 1406. Authority of District Court After Indictment or Information and Hearing
§ 1407. District Court Authority After Judgment - Authorization to Seize Property Declared Forfeited
§ 1408. Penalties Pursuant to Act as Supplemental
§ 1409. Civil Proceedings Instituted by Attorney General
§ 1410. Disposition of Forfeited Property
§ 1411. Balance of Certain Proceeds of Forfeitures to Pay Costs of Prosecution
§ 1412. Lien Notice - Fees - Contents - Procedure
§ 1413. Duties of Trustees Regarding Lien Notice - Liability - Recovery of Costs
§ 1414. Foreign Corporations Failing to File Report Fall Within Act
§ 1415. Criminal Investigation of Prohibited Acts
§ 1416. Federal Court Action for Civil Relief
§ 1417. Specialized Education and Training for Judges in Each District
§ 1418. Annual Audit by State Auditor and Inspector
§ 1419. Federal Law Construction of Act Governs
Chapter 27 - Oklahoma Sentencing Commission
§ 1518. Oklahoma Criminal Justice Resource Revolving Fund
§ 1519. Criminal Justice Computer Assistance Act
Chapter 28 - Domestic Violence Fatality Review Board
§ 1601. Creation of the Domestic Violence Fatality Review Board
§ 1601. Creation of the Domestic Violence Fatality Review Board
§ 1602. Members of the Domestic Violence Fatality Review Board
§ 1603. Data Collection - Number of Victim Protective Orders Issued and Violated