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 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, unless the owner, by law, is not permitted to possess such property.
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, unless there is evidence that the person who last had possession of the property is not 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 may 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 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 first-class mail and 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 fifteen (15) days after the notice has been served or published. Proof of service or publication shall be filed with the court clerk before the hearing. 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 or right of possession 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 twenty (20) 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 or to the person last in possession prior to seizure. The owner of the property or designated representative of the owner may make application to the magistrate for the return of the property. The owner shall provide satisfactory proof of title to the property or sign an affidavit of ownership if documents of title do not exist. If an affidavit of ownership or affidavit of right of possession is used to establish ownership or right of possession, the claimant may also be required to sign an agreement to indemnify and defend the custodians of the property in the event of an adverse claim to 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 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 fifteen (15) days after the notice has been served or published. An affidavit of service or publication shall be filed with the court prior to the hearing.
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 eleven (11) days of being notified. The owner shall provide satisfactory proof of title to the property or sign an affidavit of ownership or right of possession to be provided by the peace officer. If an affidavit of ownership or affidavit of right of possession is used to establish ownership or right of possession, the claimant may also be required to sign an agreement to indemnify and defend the custodians of the property in the event of an adverse claim to the property. 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 or person with right of possession.
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 by first-class mail 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 or action for postconviction relief.
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 by first-class mail to all interested persons including the government entity having custody of the property. The government entity having custody of the property may also seek a hearing regarding the disposition of the property. The hearing shall be scheduled not less than fifteen (15) days after the notice is mailed. Unless the property is being held in connection with a filed criminal charge, the proceeding shall be considered a civil matter and shall be filed in the county where the property is being held. If a criminal charge has been filed, the matter shall be heard by the judge who has been assigned to the criminal case. At the hearing the court shall make a judicial determination as to the proper and lawful release or other disposition of the property. If the property at issue is a firearm or other weapon, the court may order the property destroyed if the court determines that the owner of the firearm or weapon is mentally or emotionally unstable or disturbed or cannot legally possess the firearm or weapon.
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; Laws 2021, c. 455, § 2, eff. Nov. 1, 2021.
Structure Oklahoma Statutes
§22-2. Indictment or information necessary, except when.
§22-4A. "Court", "courts of the state", "courts in the state" and "court clerk" defined.
§22-5. Writing includes printing.
§22-6. Oath includes affirmation.
§22-8. Application of statutes.
§22-9. Common law prevails, when.
§22-10. Criminal action defined.
§22-11. Prosecution is by state against person charged.
§22-13. Right to speedy trial, counsel and witnesses.
§22-15. Testimony against one's self - Restraint during trial and prior to conviction.
§22-17. Custody and distribution of proceeds from sale of rights arising from criminal act.
§OS. 22-18. See the following versions:
§22-18a. Petition to Expunge Records and Order to Expunge Records.
§22-18v1. Expungement of records - Persons authorized.
§22-18v2. Expungement of records - Persons authorized.
§22-19. Sealing and unsealing of records - Procedure.
§22-19b. Oklahoma Identity Theft Passport Program.
§22-20. Incarceration of single custodial parents - Child placement.
§22-21. Eyewitness identification procedures.
§22-32. Resistance by party to be injured.
§22-33. Resistance by other person.
§22-34. Intervention by officers.
§22-34.1. Peace officers using excessive force - Definition - Adoption of policies and guidelines.
§22-34.3. Racial profiling prohibited.
§22-34.4. Stop or arrest resulting from racial profiling.
§22-35. Persons assisting officers.
§22-36.1. Police dog handlers - Civil liability.
§22-36.2. National Park Service rangers - Arrest authority and immunity from suit.
§22-37. Distinctive uniforms for police officers - Exceptions.
§22-37.1. Off-duty law enforcement officers - Powers and duties- Liability.
§22-39. Benefits for citizens who aid.
§22-40.2. Victim protection order - Victims not to be discouraged from pressing charges.
§22-40.3. Emergency temporary order of protection.
§22-40.6. Record of reported incidents of domestic abuse - Reports.
§22-40.7. Expert testimony - Admissibility.
§22-41. Information of threat.
§22-42. Magistrate must issue warrant.
§22-43. Proceedings when charge is controverted.
§22-46. When bond is or is not given.
§22-47. Discharge on giving bond.
§22-48. Undertaking sent to district court.
§22-49. Assault or threat in presence of magistrate.
§22-50. Person must appear in district court.
§22-51. Discharge when complainant fails to appear.
§22-52. Proceedings when parties appear.
§22-53. Breach of bond, what constitutes.
§22-54. Prosecution on breach.
§22-58. Mandatory reporting of domestic abuse - Exceptions.
§22-59. Immunity from liability – Presumption of good faith.
§22-60.1. See the following versions:
§22-60.2. Protective order - Petition - Complaint requirement for certain stalking victims - Fees.
§22-60.3. Emergency ex parte order and hearing - Emergency temporary ex parte order of protection.
§22-60.5. Access to protective orders by law enforcement agencies.
§22-60.6. Violation of emergency temporary, ex parte or final protective order - Penalties.
§22-60.7. Statewide and nationwide validity of orders.
§22-60.8. Seizure and forfeiture of weapons used to commit act of domestic abuse.
§22-60.11. Protective order – Statement required - Validity.
§22-60.14. Address confidentiality program.
§22-60.18. Expungement of victim protective orders.
§22-60.19. Emergency protective order - Confidentiality.
§22-60.20. Domestic violence, substance abuse, addiction and mental health training.
§22-60.23. Judicial enforcement of foreign protection order.
§22-60.24. Nonjudicial enforcement of foreign protection order.
§22-60.25. Registration of foreign orders - Certified copy - Inaccurate orders - Affidavits - Fee.
§22-60.26. Immunity from liability.
§22-60.28. Uniformity of application and construction.
§22-60.29. Application to orders issued before November 1, 2008.
§22-60.30. Integrated domestic violence docket pilot program.
§22-60.31. Family justice centers.
§22-61. Domestic violence court program.
§22-70. Use of Force for the Protection of the Unborn Act.
§22-73. Deadly force to protect unborn justified - Circumstances.
§22-91. Officer may command assistance.
§22-92. Officer must report names of resisters.
§22-93. Refusal to assist officer a misdemeanor.
§22-94. Assistance from other counties.
§22-95. Governor to furnish military force, when.
§22-102. Proceedings if assembly does not disperse - Commanding aid of others.
§22-104. Neglect of officer respecting unlawful assembly a misdemeanor.
§22-105. Officers may disperse assembly and arrest offenders - Commanding aid.
§22-106. Precautions before endangering life.
§22-107. Offenses during riot or insurrection.
§22-112. Referral of complaints - Guidelines.
§22-114. Restitution agreements.
§22-115. District attorney's staff to perform certain duties.
§22-121. Offenses commenced outside and consummated within the state.
§22-122. Jurisdiction in case of death from duel outside state.
§22-123. Evasion of statutes relative to dueling and challenges, jurisdiction.
§22-124. Offense committed in two counties.
§22-125. Offense committed near boundary of county.
§22-125.1. Venue for enforcement of Section 425 of Title 21.
§22-126. Kidnapping, enticing away children and similar offenses, jurisdiction.
§22-128. Stolen property moved, jurisdiction.
§22-129. Accessory, jurisdiction in case of.
§22-130. Conviction or acquittal outside state or county a bar.
§22-131. Conviction or acquittal in one county as bar to prosecution in another.
§22-132. Escape, jurisdiction of prosecution for.
§22-133. Stealing property in another state - Receiving such stolen property.
§22-134. Murder or manslaughter, jurisdiction in certain cases.
§22-135. Principal not present, jurisdiction.
§22-151. Limitations – Murder, first and second degree manslaughter.
§22-152. Statute of limitations.
§22-153. Absence from state, limitation does not run.
§22-171. Complaint - Issuance of warrant of arrest.
§22-171.1. Arrest warrant for escaped prisoner.
§22-171.3. Custody of persons subject to immigration detainer request.
§22-173. Requisites of warrant.
§22-174. Warrant directed to whom.
§22-175. County in which warrant may be served - Who may serve.
§22-176. Taking defendant before magistrate in felony cases - Use of closed circuit television.
§22-177. Taking defendant before magistrate in misdemeanor cases - Use of closed circuit television.
§22-178. Proceedings when bail is taken.
§22-179. When bail is not given.
§22-180. Magistrate absent - Taking defendant before another.
§22-181. Delay in taking before magistrate not permitted.
§22-182. Complaint when defendant taken before magistrate other than one issuing warrant.
§22-183. Offense triable in another county - Proceedings for arrest.
§22-184. Offense triable in another county - Taking defendant before magistrate.
§22-190.1. Custody of person arrested without warrant for nonbailable offense.
§22-191. Restraint which is permissible.
§22-192. Officer must show warrant.
§22-193. Resistance, means to overcome.
§22-194. Officer may break open door or window, when.
§22-195. Officer's breaking door or window to liberate himself or another arrester.
§22-196. Arrest without warrant by officer.
§22-197. Arrest without warrant, breaking door or window.
§22-198. Nighttime, arrest of suspected felon.
§22-199. Authority must be stated on arrest without warrant, when.
§22-200. Arrest by bystander - Officer may take defendant before magistrate.
§22-201. Offense committed in presence of magistrate.
§22-202. Arrest by private person.
§22-203. Private person must inform person of cause of arrest.
§22-204. Private person may break door or window.
§22-205. Private person making arrest must take defendant to magistrate or officer.
§22-206. Disarming person arrested.
§22-207. Pursuit and arrest of escaped prisoner.
§22-208. Breaking door or window to arrest person escaping.
§22-209. Citation to appear - Issuance - Summons - Failure to appear.
§22-210. Felony arrest – DNA testing required.
§22-211.1. DNA information inadmissible post-expungement date.
§22-221. Authority of officers of another state.
§22-222. Taking prisoner before magistrate.
§22-223. Arrests otherwise lawful.
§22-224. State includes District of Columbia.
§22-225. Fresh pursuit defined.
§22-231. Misdemeanors - Warrant for arrest - Complaint submitted to district attorney - Cost bond.
§22-234. Discretion to charge as misdemeanor.
§22-251. Magistrate must inform defendant of charge and rights.
§22-252. Defendant allowed counsel - Messages to counsel - Change of venue.
§22-253. Defendant to be examined.
§22-254. Adjournment of examination.
§22-255. Disposition of defendant on adjournment.
§22-256. Commitment for examination.
§22-257. Duty of magistrate on examination - Subpoenas for witnesses.
§22-258. Preliminary examinations and proceedings thereon.
§22-260. Magistrate to keep depositions - Inspection.
§22-261. Depositions, violation of provisions regarding.
§22-262. Discharge of defendant, when.
§22-263. Costs taxed against complainant, when.
§22-264. Defendant held to answer.
§22-265. Commitment when offense is not bailable.
§22-266. When offense is bailable.
§22-267. If bail is not taken.
§22-270. Witnesses to give undertaking.
§22-271. Sureties may be required for witness.
§22-273. Witness not giving undertaking committed, when.
§22-274. Subsequent security may be demanded - Arrest of witness.
§22-275. Arrested witness may be confined.
§22-276. Magistrate discharging or holding defendant must return papers and record to court.
§22-301. Manner of prosecution of offenses.
§22-303. Subscription, endorsement and verification of information - Excusing endorsement.
§22-304. Information may be amended.
§22-305.1. Deferred prosecution programs - Guidelines - Factors considered.
§22-305.2. District attorney deferred prosecution.
§22-305.3. Termination of deferred prosecution agreement.
§22-305.4. Completion of program - Records.
§22-305.6. District Attorneys Council - Duties.
§22-305.7. Restorative justice pilot program.
§22-311.1. Petition for convening grand jury - Warning.
§22-312. Challenge of grand jury.
§22-313. Grounds for challenge to panel.
§22-314. Jury discharged if challenge allowed.
§22-315. Grounds for challenge to juror.
§22-316. Challenge may be oral or written - How tried.
§22-318. Effect of challenge allowed.
§22-319. Violation, where challenge allowed.
§22-320. Challenge to be made before jury is sworn - Exception.
§22-321. New grand jury in certain cases.
§22-323. Court to appoint foreman.
§22-325. Oath to other jurors.
§22-326. Charge to grand jury.
§22-328. Grand jury must appoint clerk.
§22-329. Discharge of grand juror.
§22-330. Discharge of grand jury.
§22-331. General powers and duties of grand jury.
§22-332. Foreman to swear witness.
§22-333. Evidence before grand jury.
§22-335. Evidence for the accused - Procuring additional evidence.
§22-336. Indictment to be found, when.
§22-337. Members to give evidence.
§22-338. Subjects for inquiry by grand jury.
§22-339. Access to prisons and records.
§22-341. Proceedings kept secret.
§22-342. Juror may disclose proceedings, when.
§22-343. Privilege of grand juror.
§22-344. Interpreter - Appointment - Compensation.
§22-345. Restrictions on sessions before and after elections.
§22-346. Reports of investigations of public offices or institutions.
§22-350. Multicounty Grand Jury Act - Conflicting provisions.
§22-351. Verified application - Order - Authority of district attorney.
§22-352. Regular term - Extension.
§22-354. Powers - Document copies or reproductions.
§22-355. Disclosures - Witness right to assistance of counsel.
§22-356. Jurisdictional limits - Investigations.
§22-357. Presentation of evidence - Power to prosecute.
§22-358. Venue - Consolidation of indictment.
§22-359. Prospective juror list - Numbers and qualifications.
§22-363. Compensation and reimbursement.
§22-381. Indictment may be found by nine - Endorsement.
§22-382. Charge dismissed, when.
§22-383. Resubmission of charge.
§22-384. Names of witnesses endorsed on indictment.
§22-385. Presentment and filing of indictment - Prohibition against disclosure.
§22-386. Proceedings where defendant at large.
§22-387. Forms and rules of pleading.
§22-388. Indictment or information is first pleading.
§22-401. Requisites of indictment or information.
§22-402. Indictment or information must be certain and direct.
§22-403. Designation of defendant by fictitious name.
§22-404. Single offense to be charged - Different counts.
§22-406. Misdescription of person injured or intended to be injured.
§22-407. Words, how construed.
§22-408. Statute not strictly pursued.
§22-409. Indictment or information, when sufficient.
§22-411. Matters which need not be stated.
§22-413. Pleading private statute.
§22-421. Arson - Omission or error in designating owner or occupant.
§22-422. Libel, indictment or information for.
§22-423. Forgery, misdescription of forged instrument immaterial, when.
§22-424. Perjury, indictment or information for.
§22-425. Larceny or embezzlement, indictment or information for.
§22-426. Obscene literature, indictment or information for handling.
§22-432. Accessories and principals in felony.
§22-433. Accessory tried independently of principal.
§22-434. Compounding a crime - Separate prosecution.
§22-436. Charging of two or more defendants in same indictment or information - Counts.
§22-437. Singular to include the plural.
§22-438. Trial of two or more indictments or informations.
§22-439. Relief from prejudicial joinder.
§22-440. Repeal of conflicting laws.
§22-441. Indictments - When and where transferred.
§22-442. Records to be certified to proper court - Costs.
§22-443. Entry on docket - Process and trial.
§22-444. Retransfer in case of error.
§22-445. Transfer to county of proper venue.
§22-452. Defendant must appear personally, when.
§22-453. Officer to bring defendant before court.
§22-454. Bench warrant to issue, when.
§22-455. Bench warrant may issue into one or more counties.
§22-456. Bench warrant, form of, in case of felony.
§22-456A. Bench warrant, fee for issuance of.
§22-457. Bench warrant in case of misdemeanor or bailable felony.
§22-458. Court to fix amount of bail - Endorsement.
§22-459. Defendant held when offense not bailable.
§22-460. Bench warrant served in any county.
§22-461. Taking bail in another county.
§22-462. Defendant committed or bail increased after indictment or information.
§22-463. Commitment order, execution of.
§22-465. Arraignment made, how.
§22-467. Proceedings when defendant gives no other name.
§22-468. Proceedings where another name given.
§22-469. Necessity for filing information after preliminary examination.
§22-470. Time for arraignment upon charge of felony.
§22-471.1. Authorization of drug court programs.
§22-471.2. Eligibility and request for drug court program.
§22-471.4. Eligibility criteria - Investigation.
§22-471.5. Admissibility of statements or evidence.
§22-471.7. Monitoring of treatment progress.
§22-471.8. Use of program as disciplinary sanction.
§22-471.9. Successful completion of program.
§22-471.10. Promulgation of rules.
§22-471.11. Deferred prosecution programs.
§22-472. Anna McBride Act – Mental health courts.
§22-491. Time to answer indictment or information.
§22-492. Pleading to indictment or information.
§22-493. Indictment or information set aside, when.
§22-494. Hearing on motion to set aside indictment or information.
§22-495. Witnesses on hearing to set aside indictment or information.
§22-496. Objection to indictment or information waived, when.
§22-497. Motion to set aside indictment or information heard, when.
§22-498. Defendant to answer indictment, when.
§22-499. Motion sustained - Defendant discharged, or bail exonerated, when.
§22-500. Resubmission of case - Bail.
§22-501. Setting aside indictment or information not a bar.
§22-502. Defendant's pleadings.
§22-503. Defendant to plead in open court.
§22-504. Demurrer to indictment or information.
§22-505. Demurrer to indictment or information, requisites of.
§22-508. Demurrer sustained, effect of.
§22-509. Demurrer sustained - Defendant discharged or bail exonerated, when.
§22-510. Proceedings if case resubmitted.
§22-511. Demurrer overruled, defendant to plead.
§22-512. Certain objections, how taken.
§22-513. Pleas to indictment or information.
§22-514. Pleas to be oral - Entry.
§22-517. Plea of guilty may be withdrawn.
§22-518. Plea of not guilty, issues on.
§22-519. Plea of not guilty, evidence under.
§22-520. Acquittal, what does not constitute.
§22-521. Acquittal, what constitutes.
§22-522. Former acquittal or conviction as bar.
§22-524. Preliminary hearing on felony indictment - Time for request - Witnesses - Dismissal.
§22-562. Change of venue - Proceedings - Costs and expenses.
§22-563. Disposition of defendant on change of venue.
§22-564. Change of venue - Court may require bail.
§22-565. Change of venue - Recognizance of witnesses.
§22-566. Trial on change of venue - Records and papers.
§22-576. Trial before judge other than one who conducted preliminary examination.
§22-581. Issue of fact arises, when.
§22-582. Issue of fact, how tried.
§22-583. Defendant must be present, when.
§22-584. Postponement for cause.
§22-585. Postponement for investigation of claimed alibi.
§22-591. Same jurors in both civil and criminal actions.
§22-592. Trial jury - How formed.
§22-593. Clerk to prepare and deposit ballots.
§22-594. Names of panel called, when - Attachment for absent jurors.
§22-595. Manner of drawing jury from box.
§22-596. Disposition of ballots.
§22-597. Disposition of ballots - After jury discharged.
§22-598. Disposition of ballot - When juror is absent or excused.
§22-599. Jurors summoned to complete jury - Treated as original panel.
§22-601. Number of jurors - Oaths - Fines not exceeding Five Hundred Dollars.
§22-601a. Alternate jurors - Challenges - Oath or affirmation - Attendance upon trial.
§22-601b. Protracted deliberations - Sequestration of alternate jurors.
§22-622. Several defendants - Challenges.
§22-633. Causes for challenge to panel.
§22-634. When taken - Form and requisites.
§22-635. Issue on the challenge - Trying sufficiency.
§22-636. Challenge and exception may be amended or withdrawn.
§22-637. Denial of challenge - Trial of fact questions.
§22-639. Bias of officer, challenge for.
§22-640. Procedure after decision of challenge.
§22-651. Defendant to be informed of right to challenge.
§22-652. Classes of challenge to individual.
§22-653. When challenge taken.
§22-654. Peremptory challenge defined.
§22-655. Peremptory challenges - Number allowed.
§22-657. Challenges for cause classified.
§22-658. Causes for challenge, in general.
§22-659. Particular causes - Implied bias - Actual bias.
§22-660. Implied bias, challenge for.
§22-661. Right of exemption from service not cause for challenge.
§22-663. Exception to the challenge.
§22-665. Trial of challenge - Examining jurors.
§22-691. Challenges to individual jurors.
§22-692. Order of challenges for cause.
§22-693. Peremptory challenges.
§22-701. Defendant a competent witness - Comment on failure to testify - Presumption.
§22-704. Magistrate may issue subpoena.
§22-705. District attorney to issue subpoenas for grand jury.
§22-706. Issuing subpoenas for trial.
§22-707. Defendant's subpoenas.
§22-709. Continuances, witness must take notice of.
§22-710. Subpoena duces tecum.
§22-711. Service of subpoena by whom - Return.
§22-712. Service, manner of - Cost.
§22-715. Witness residing outside county – Subpoena of court clerks.
§22-716. Disobedience to subpoena.
§22-717. Disobeying defendant's subpoena - Forfeiture.
§22-718. Witnesses - Fees and mileage.
§22-719. Persons held as material witnesses to be informed of constitutional rights - Fees.
§22-720. Detainment of person as material witness.
§22-722. Summoning witness in this state to testify in another state.
§22-723. Witness from another state summoned to testify in this state.
§22-724. Exemption from arrest and service of process.
§22-725. Uniformity of interpretation.
§22-732. Transfer order - Additional conditions - Expenses of return of witness - Effective date.
§22-733. Act inapplicable to certain persons.
§22-735. Order directing compliance with terms and conditions of order from another state.
§22-736. Immunity from arrest and civil or criminal process.
§22-741. Overt act in conspiracy.
§22-742. Accomplice, testimony of.
§22-743. False pretenses, evidence of.
§22-744. Seduction, corroboration of prosecutrix.
§22-745. Murder, burden of proof in mitigation of.
§22-746. Bigamy, proof on trial for.
§22-747. Forgery of bill or note of corporation or bank, proof on trial for.
§22-748. Perjury in court, evidence as to.
§22-751.1. DNA profile - Use as evidence - Notification of defendant.
§22-761. Conditional examination of witnesses.
§22-762. Conditional examinations in certain cases.
§22-762.1. Order for conditional examination of witnesses.
§22-763. Affidavit on application for conditional examination.
§22-764. Application made to court or judge - Notice.
§22-765. Order for examination - Testimony by alternative method.
§22-766. Examination before magistrate or certified court reporter.
§22-767. When examination shall not proceed.
§22-768. Attendance of witness enforced, how.
§22-769. Taking and authentication of testimony.
§22-770. Deposition read in evidence, when - Objections to questions therein.
§22-771. Prisoner, deposition of - Oath.
§22-781. Witness out of state.
§22-782. Nonresident witness - Application for commission to take testimony.
§22-783. Affidavit on application.
§22-784. Notice of application.
§22-785. Issuance of commission - Continuance.
§22-786. Interrogatories and cross-interrogatories.
§22-788. Execution of commission.
§22-789. Delivery of returned commission by agent.
§22-790. Delivery when agent is incapacitated.
§22-791. Filing commission and return.
§22-792. Commission and return open to inspection.
§22-793. Reading deposition on trial.
§22-812.1. Right to speedy trial – Time limits.
§22-812.2. Right to speedy trial – Review process.
§22-814. Effect of dismissing action.
§22-815. Dismissal by court or on district attorney's application.
§22-816. Nolle prosequi abolished.
§22-817. Dismissal not a bar to another prosecution.
§22-831. Order of trial proceedings.
§22-832. Court to decide the law.
§22-833. Province of jury in libel case.
§22-834. Jury limited to questions of fact.
§22-835. Restriction of argument - Number of counsel.
§22-836. Defendant presumed innocent - Reasonable doubt of guilt requires acquittal.
§22-837. Doubt as to degree of guilt.
§22-839. Discharge of defendant that he may testify for state.
§22-840. Discharge of defendant that he may testify for codefendant.
§22-841. Higher offense than charged, existence of - Jury discharged.
§22-842. Discharge of jury not a former acquittal.
§22-843. Trial on original indictment, when.
§22-844. Jury may be discharged, when.
§22-845. Disposition of prisoner on discharge of jury.
§22-846. Disposition of prisoner where jurisdiction in another county.
§22-847. Disposition of prisoner where defendant not arrested on warrant from proper county.
§22-848. Disposition of prisoner - Proceedings if arrested.
§22-849. Duty of court where no offense charged.
§22-850. Court may advise jury to acquit.
§22-851. Jury may view place - Custody of sworn officer.
§22-852. Juror must declare knowledge of case.
§22-853. Custody and conduct of jury before submission - Separation - Sworn officer.
§22-853.1. Jurors - Protective orders.
§22-854. Court must admonish jury as to conduct.
§22-855. Sickness or death of juror - New juror sworn.
§22-857. Jury after the charge.
§22-858. Defendant admitted to bail may be committed during trial.
§22-859. Substitute for district attorney failing or unable to attend trial or disqualified.
§22-860.1. Second or subsequent offenses – Trial procedure.
§22-861. Formal exceptions to rulings or orders unnecessary.
§22-891. Jury room - Expenses of providing, a county charge.
§22-894. Jury brought into court for information - Presence of, or notice to, parties.
§22-896. Discharge after agreement on verdict or showing of inability to agree.
§22-897. Retrial after discharge at same or other term.
§22-911. Return of jury into court upon agreement - Discharge on failure of some jurors to appear.
§22-913. Proceedings when jury appear.
§22-915. Degree of crime must be found.
§22-916. Included offense or attempt may be found.
§22-917. Several defendants - Verdict as to part - Retrial as to defendants not agreed on.
§22-918. Jury may reconsider verdict of conviction for mistake of law - Return of same verdict.
§22-919. Informal verdict to be reconsidered.
§22-920. Judgment when jury persist in informal verdict.
§22-924. Commitment upon conviction.
§22-925. Claim of insanity - Duty of court and jury - Commitment to institution.
§22-926.1. Assessment of punishment by jury.
§22-927.1. Punishment assessed by court.
§22-928.1. Excess punishment to be disregarded by court.
§22-929. Remand for vacation of sentence - New sentencing proceeding - Construction of section.
§22-951. New trial defined - Proceedings on new trial - Former verdict no bar - Capital cases.
§22-952. Grounds for new trial - Affidavits and testimony.
§22-953. Time for applying for new trial - Limitations.
§22-954. Motion in arrest of judgment - Definition - Grounds - Time for.
§22-955. Court may arrest on its own motion - Effect of allowing motion.
§22-956. Proceedings after motion for arrest of judgment sustained.
§22-961. Court appoints time for pronouncing judgment.
§22-962. Time for pronouncing verdict specified.
§22-963. Defendant may be absent, when.
§22-964. Officer may be directed to produce prisoner.
§22-965. Warrant for defendant not appearing - Forfeiture of bond or bail money.
§22-966. Clerk to issue bench warrant - Several counties.
§22-966A. Bench warrant, fee for issuance of.
§22-967. Form of bench warrant.
§22-968. Service of bench warrant, mode of.
§22-969. Defendant to be arrested.
§22-970. Defendant informed of proceedings.
§22-971. Defendant may show cause against judgment - Grounds - Proceedings.
§22-972. Rendition of judgment where cause against it not shown.
§22-973. Court may hear further evidence, when.
§22-973a. Mitigating factor for veterans – PTSD.
§22-974. Testimony - How presented - Deposition of sick or infirm witness.
§22-975. Other evidence in aggravation or mitigation of punishment prohibited.
§22-976. Concurrent sentences.
§22-979a. Payment of jail costs by inmate.
§22-980. Duty of sheriff when defendant sentenced to state prison.
§22-982. Presentence investigation.
§22-983a. Authority to waive fines, costs and fees.
§22-983b. Released persons – Hearing to determine ability to pay fines, fees and costs.
§22-985. Short title - Justice Safety Valve Act.
§22-985.1. Departure from mandatory minimum sentencing – Requirements - Exceptions.
§22-988.2. Definitions — Duties of Chief Judge.
§22-988.4. Mandatory local system.
§22-988.5. Community sentencing system planning councils.
§22-988.6. Planning council duties.
§22-988.8. Community services and sentencing options.
§22-988.10. Resource-limited system.
§22-988.11. Performance-based evaluations.
§22-988.12. Custody of offenders – Medical expenditures.
§22-988.13. Local administrator.
§22-988.14. State agency - Creation.
§22-988.15. Duties of state agency.
§22-988.16. Community sentencing system budgeting.
§22-988.17. Development and use of community sentence assessment and evaluation tests.
§22-988.18. Assessment and evaluation of defendants.
§22-988.20. Disciplinary sanctions or incentives.
§22-988.22. Completion of community sentence.
§22-988.23. Immunity from liability.
§22-990.1. Uniform supervision form - Requisites.
§22-990a-1.1. Sentencing procedures.
§22-991a. See the following versions:
§22-991a-2. Nonviolent felony offenders - County jail imprisonment - Fines and costs.
§22-991a-3. Restitution of buyer of property unlawfully obtained.
§22-991a-4.1. Community Service Sentencing Program.
§22-991a-16. Offenses to which program applies.
§22-991a-17. Enhancement of sentence.
§22-991a-18. Restitution to victim – Modification or revocation of sentence.
§22-991a-20. Second and subsequent offenses.
§22-991b. Revocation of suspended sentence – Intermediate sanction process – Technical violations.
§22-991f-1.0. Restitution and Diversion Program - Short title.
§22-991h. Order of no contact.
§22-994. Suspension of judgment and sentence after appeal.
§22-996. Short title - Regimented Inmate Discipline (RID) Program.
§22-996.2. Implementation and scope of program.
§22-1001. Judgment of death - Warrant.
§22-1001.1. Execution of judgment - Time - Stay of execution.
§22-1002. Governor to be informed of proceedings.
§22-1003. Governor may require opinion of appellate judges.
§22-1004. Reprieve and suspension of execution - Authority of officers.
§22-1005.1. Mentally incompetent to be executed – Motion – Hearing - Examination.
§22-1010. Pregnancy of prisoners - Judicial investigation.
§22-1014. Manner of inflicting punishment of death.
§22-1015. Place of execution of judgment - Persons who may witness.
§22-1016. Warden's return upon death warrant.
§22-1053. Appeals taken by state or municipality – Allowable cases.
§22-1053.1. Automatic appeal of judgments holding statutes unconstitutional in criminal actions.
§22-1054.1. Perfecting appeal without filing motion for new trial.
§22-1056. Appeal by state not to suspend judgment.
§22-1065. Defendants may appeal jointly or severally.
§22-1066. Power of appellate court - Return by clerk of lower court when new trial granted.
§22-1067. Order when no offense committed - When indictment defective.
§22-1069. Appeal not dismissed for informality.
§22-1070. Judgment to be executed on affirmance.
§22-1071. Opinions to be recorded.
§22-1071.1. Court of Criminal Appeals – Online publication of opinions.
§22-1076. Notice to defendant of his right to appeal - Stay of execution of judgment.
§22-1078. Amount of bond - Time to make appeal bond - Stay pending appeal - Additional bond.
§22-1079. Denial of bail - Review by habeas corpus.
§22-1080. Post-Conviction Procedure Act - Right to challenge conviction or sentence.
§22-1080.1. Limitation period.
§22-1081. Commencement of proceeding.
§22-1082. Court costs and expenses of representation.
§22-1083. Response by state - Disposition of application.
§22-1084. Evidentiary hearing - Findings of fact and conclusions of law.
§22-1085. Finding in favor of applicant.
§22-1086. Subsequent application.
§22-1087. Appeal to Court of Criminal Appeals.
§22-1088.1. Post-conviction relief applications - Reasonable inquiry - Sanctions.
§22-1089. Capital cases - Post - conviction relief - Grounds for appeal.
§22-1089.1. State may appeal certain adverse rulings or orders.
§22-1089.2. Notice of intent to appeal - Application to appeal.
§22-1089.3. Waiver of right to appeal.
§22-1089.5. Preliminary hearing - Review of record in light most favorable to state.
§22-1089.6. Erroneous ruling or order - Remand.
§22-1089.7. Appeal to Court of Criminal Appeals - Bail - Review.
§22-1092. Legislative findings, declarations, and intent.
§22-1093. Execution and form of Compact.
§22-1094. Oklahoma State Council for Interstate Adult Offender Supervision.
§22-1095. Compact administrator.
§22-1101. Offenses bailable - Who may take bail.
§22-1101.1. Offenses relating to prostitution bailable.
§22-1102. Bail when crime is punishable by death.
§22-1104. Qualifications of bail - Justification.
§22-1105. Defendant discharged on giving bail - Exceptions.
§22-1105.1. Pretrial Release Act - Short title.
§22-1105.2. Pretrial Release Act - Setting of bail – Schedule – Electronic monitoring.
§22-1105.3. Pretrial Release Act - Pretrial release programs - Persons eligible - Minimum criteria.
§22-1107. Arrest of defendant by bail - Commitment of defendant and exoneration of bail.
§22-1109. Additional security may be required.
§22-1110. Jumping bail - Penalties.
§22-1111.1. Return of operator's license.
§22-1111.2. Failure to appear for arraignment.
§22-1114.3A. Citations - Delivery of Complaint Information and Abstract of Court Record.
§22-1115. Short title - Application.
§22-1115.1. Release on personal recognizance - Arraignment - Plea - Failure to plead or appear.
§22-1115.4. Court clerk not liable on dishonored check - Bench warrant and arrest of issuer.
§22-1121. Rewards from fugitives of justice.
§22-1122. Reward for arrest and conviction of person committing felony.
§22-1123. Extradition - Delivery of accused.
§22-1134. Costs of returning fugitives.
§22-1135. Foreign arrests - Fees or rewards forbidden.
§22-1136. Foreign arrests - Misdemeanors.
§22-1141.3. Requisites of demand - Accompanying papers.
§22-1141.4. Investigation and report.
§22-1141.5. Agreement for return to other state - Surrender of person leaving state involuntarily.
§22-1141.6. Surrender of persons not fleeing from demanding state.
§22-1141.7. Warrant of arrest of Governor.
§22-1141.8. Authority conferred by warrant.
§22-1141.9. Authority to command assistance.
§22-1141.10. Notice of demand to allege fugitive - Counsel - Habeas corpus.
§22-1141.11. Disobedience of preceding section.
§22-1141.12. Confinement of prisoner in jail.
§22-1141.13. Issuance of warrant of arrest by judge or magistrate.
§22-1141.14. Arrest without warrant.
§22-1141.15. Commitment by judge or magistrate.
§22-1141.17. Discharge or recommitment.
§22-1141.18. Forfeiture of bail.
§22-1141.19. Demand for person against whom prosecution pending.
§22-1141.20. Inquiry into guilt or innocence.
§22-1141.21. Recalling warrant - New warrant.
§22-1141.22. Warrant to agent to receive person demanded.
§22-1141.23. Application to Governor by prosecuting attorney for requisition.
§22-1141.24. Immunity from civil process.
§22-1141.25. Waiver of proceedings and consent to return to demanding state.
§22-1141.26. Rights of state not deemed waived.
§22-1141.27. Trial for other offenses than that specified.
§22-1141.28. Uniformity of construction.
§22-1141.29. Partial invalidity.
§22-1145.4. Disposal of criminal charge at request of defendant.
§22-1145.5. Relief available - Effect of judgment - Act as supplemental.
§22-1145.6. Procedures, rules and regulations.
§22-1151. Habeas corpus for person to testify or be surrendered on bail.
§22-1163. Sanity hearing - Criminal trial to be suspended.
§22-1164. Order of trial of sanity.
§22-1165. Rules governing sanity trial.
§22-1166. Sanity hearing - Trial or judgment to proceed if defendant sane.
§22-1167. Finding of insanity - Suspension of trial or judgment - Commitment to state hospital.
§22-1168. Commitment in sanity hearing exonerates bail.
§22-1169. Restoration to sanity.
§22-1170. Expense of keeping insane defendant.
§22-1175.3. Hearing - Date - Evidence - Orders - Examination of accused - Instructions to physician.
§22-1175.5. Questions to be answered in determining competency.
§22-1175.6. Disposition orders - Placement in secure ward.
§22-1175.8. Resumption of competency.
§22-1176. Raising issue of mental illness or insanity at time of offense.
§22-1181. Causes for removal of officers.
§22-1181.1. Removal for acts of commission, omission, neglect.
§22-1181.2. Allegations or charges.
§22-1182. Accusation by grand jury.
§22-1183. Requisites of accusation.
§22-1184. Proceedings on accusation.
§22-1185. Defendant to appear.
§22-1186. Requisites of answer.
§22-1187. Objection to accusation.
§22-1188. Denial of accusation.
§22-1189. Defendant to answer, when.
§22-1190. Judgment of conviction or trial.
§22-1192. Removal if convicted.
§22-1193. Accusation against district attorney.
§22-1194. County commissioners or judge and treasurer may present accusation, when - Proceedings.
§22-1196. Judgment of removal.
§22-1197. Members of legislature not affected.
§22-1221. Search warrant defined.
§22-1222. Grounds for issuance of search warrant - Seizure of property.
§22-1223. Probable cause must be shown.
§22-1223.1. Electronically recorded oral statement - Transcription.
§22-1224.1. Oral testimony supplemental to affidavit.
§22-1224.2. Filing and indexing of documents.
§22-1225. Requisites of search warrant - Issuing magistrate.
§22-1226. Form of search warrant.
§22-1227. Service of search warrant.
§22-1229. Execution of search warrant - Liberating person detained.
§22-1230. When search warrant may be served.
§22-1231. Search warrant void after ten days – Forensic, scientific, or digital analysis exception.
§22-1232. Disposition of property recovered.
§22-1233. Return of search warrant.
§22-1234. Inventory to be furnished, when.
§22-1235. Hearing on issuance of warrant.
§22-1236. Testimony on hearing for warrant.
§22-1237. Restoration of property to person searched.
§22-1238. Papers returned to district court.
§22-1239. Procuring search warrant without cause.
§22-1240. Officer exceeding his authority.
§22-1241. Search of defendant for weapons or evidence.
§22-1261. Seized property - Report and disposition.
§22-1262. Seized property - Officer guilty of penalty, when.
§22-1263. Penalty for sale of seized liquor by officer.
§22-1264. False affidavit by officer - Penalty.
§22-1272. Affidavits or depositions need not be entitled.
§22-1273. Informalities or errors not fatal if not prejudicial.
§22-1274. Informer to pay costs, when.
§22-1275. Clerk to keep record of indictments, informations and bonds.
§22-1276. Record of indictments, informations and bonds not public.
§22-1278. Interpreters for deaf mutes - Appointment - Oath - Compensation.
§22-1301. Information against corporation - Summons.
§22-1304. Examination of charge.
§22-1305. Certificate of magistrate after hearing.
§22-1306. Certificate of sufficient cause - Proceedings by grand jury or district attorney.
§22-1307. Appearance and plea by corporation.
§22-1308. Conviction of corporation - Fine collected, how.
§22-1321. Custody and return of stolen or embezzled property.
§22-1322. Stolen property - Magistrate to order delivery, when.
§22-1323. Magistrate to deliver stolen property, when.
§22-1324. Trial court may deliver stolen property.
§22-1326. Receipts for property taken from defendant.
§22-1327. Disposition of exhibits.
§22-1331. Reward for arrest of horse thief.
§22-1334. Littering upon highways or dumping trash on public or private property - Rewards - Claims.
§22-1342. Peace officers - Arrest without warrant.
§22-1343. Detention of suspect - Purposes.
§22-1344. Concealing unpurchased merchandise - Presumption.
§22-1346. Appropriate court - Definition.
§22-1347. Interstate Agreement on Detainers.
§22-1348. Enforcement of agreement.
§22-1349. Central administrator and information agent.
§22-1355. Short title - Creation of System.
§22-1355.1. Oklahoma Indigent Defense System Board.
§22-1355.3. Board - Powers and duties.
§22-1355.4. Executive Director.
§22-1355.6. Responsibility of System to indigent defendant.
§22-1355.7. Conflicts of interest - Appointment of private attorney.
§22-1355.9. Main office and satellite offices.
§22-1355.13. Death penalty cases - Compensation of court-appointed attorneys.
§22-1355.13A. Death penalty cases - Compensation of attorneys appointed prior to July 1, 1991.
§22-1355.14. Payment of costs of representation - Fee schedule.
§22-1355.15. Contempt citations - Payment of reasonable court costs.
§22-1355A. Application for representation by the System.
§22-1356. Appeals and post-conviction proceedings.
§22-1358. Reassignment of cases.
§22-1360. Postconviction proceedings - Representation.
§22-1362. Transmission of records.
§22-1363. Filing of jurisdictional documents.
§22-1364. Notice - Appointment to perfect appeal - Transfer of documents.
§22-1366. Time period for appointment of counsel.
§22-1367. Volunteers - Liability for professional services.
§22-1368. Indigent Defense System Revolving Fund.
§22-1369. Contract Retention Revolving Fund.
§22-1370.1. Forensic Testing Revolving Fund.
§22-1371. Short title - Program duration.
§22-1372. Biological evidence preservation – Definitions.
§22-1373. Short title - Postconviction DNA Act.
§22-1373.2. Motion requesting testing.
§22-1373.4. Hearing - Testing.
§22-1373.6. Agreement to conduct testing.
§22-1404. Penalties for violating Section 1403 - Persons authorized to institute proceedings.
§22-1405. Criminal forfeiture procedures.
§22-1407. Action which may be taken by district court after entry of judgment.
§22-1408. Criminal fines and penalties under act not exclusive.
§22-1410. Disposal of forfeited property.
§22-1413. Duties of trustee on filing of lien notice - Liability.
§22-1414. Foreign corporations - Applicability of act.
§22-1415. Investigation of conduct constituting violation of Section 1403 of title.
§22-1416. Civil action in federal court authorized.
§22-1417. Judicial education and training.
§22-1418. Audit of monies received by state or local government under act.
§22-1419. Construction of act in conformity with federal law.
§22-1514. Purposes and policies of the criminal justice and corrections systems.
§22-1517. Oklahoma State Bureau of Investigation - Duties.
§22-1518. Oklahoma Criminal Justice Resource Revolving Fund.
§22-1519. Criminal Justice Computer Assistance Act - Offender Data Information System.
§22-1601. Creation – Powers and duties.
§22-1603. Collection of data relating to victim protective orders.
§22-2001. Short title - Scope.