Oklahoma Statutes
Title 22. Criminal Procedure
§22-991c. Deferred sentence.

A. Upon a verdict or plea of guilty or upon a plea of nolo contendere, but before a judgment of guilt, the court may, without entering a judgment of guilt and with the consent of the defendant, defer further proceedings upon the specific conditions prescribed by the court not to exceed a seven-year period, except as authorized under subsection B of this section. The court shall first consider restitution among the various conditions it may prescribe. The court may also consider ordering the defendant to:

1. Pay court costs;
2. Pay an assessment in lieu of any fine authorized by law for the offense;
3. Pay any other assessment or cost authorized by law;
4. Engage in a term of community service without compensation, according to a schedule consistent with the employment and family responsibilities of the defendant;
5. County jail confinement for a period not to exceed ninety (90) days or the maximum amount of jail time provided for the offense, if it is less than ninety (90) days;
6. Pay an amount as reimbursement for reasonable attorney fees, to be paid into the court fund, if a court-appointed attorney has been provided to the defendant;
7. Be supervised in the community for a period not to exceed eighteen (18) months, unless a petition alleging violation of any condition of deferred judgment is filed during the period of supervision. As a condition of any supervision, the defendant shall be required to pay a supervision fee of Forty Dollars ($40.00) per month. The supervision fee shall be waived in whole or part by the supervisory agency when the accused is indigent. Any fees collected by the district attorney pursuant to this paragraph shall be deposited in the General Revenue Fund of the State Treasury. No person shall be denied supervision based solely on the inability of the person to pay a fee;
8. Pay into the court fund a monthly amount not exceeding Forty Dollars ($40.00) per month during any period during which the proceedings are deferred when the defendant is not to be supervised in the community. The total amount to be paid into the court fund shall be established by the court and shall not exceed the amount of the maximum fine authorized by law for the offense;
9. Make other reparations to the community or victim as required and deemed appropriate by the court;
10. Order any conditions which can be imposed for a suspended sentence pursuant to paragraph 1 of subsection A of Section 991a of this title; or
11. Any combination of the above provisions.
However, unless under the supervision of the district attorney, the offender shall be required to pay Forty Dollars ($40.00) per month to the district attorney during the first two (2) years of probation to compensate the district attorney for the costs incurred during the prosecution of the offender and for the additional work of verifying the compliance of the offender with the rules and conditions of his or her probation. The district attorney may waive any part of this requirement in the best interests of justice. The court shall not waive, suspend, defer or dismiss the costs of prosecution in its entirety. However, if the court determines that a reduction in the fine, costs and costs of prosecution is warranted, the court shall equally apply the same percentage reduction to the fine, costs and costs of prosecution owed by the offender. Any fees collected by the district attorney pursuant to this paragraph shall be deposited in the General Revenue Fund of the State Treasury.
B. When the court has ordered restitution as a condition of supervision as provided for in subsection A of this section and that condition has not been satisfied, the court may, at any time prior to the termination or expiration of the supervision period, order an extension of supervision for a period not to exceed three (3) years.
C. In addition to any conditions of supervision provided for in subsection A of this section, the court shall, in the case of a person before the court for the offense of operating or being in control of a motor vehicle while the person was under the influence of alcohol, other intoxicating substance, or a combination of alcohol and another intoxicating substance, or who is before the court for the offense of operating a motor vehicle while the ability of the person to operate such vehicle was impaired due to the consumption of alcohol, require the person to participate in an alcohol and drug substance abuse evaluation program offered by a facility or qualified practitioner certified by the Department of Mental Health and Substance Abuse Services for the purpose of evaluating the receptivity to treatment and prognosis of the person. The court shall order the person to reimburse the facility or qualified practitioner for the evaluation. The Department of Mental Health and Substance Abuse Services shall establish a fee schedule, based upon the ability of a person to pay, provided the fee for an evaluation shall not exceed Seventy-five Dollars ($75.00). The evaluation shall be conducted at a certified facility, the office of a qualified practitioner or at another location as ordered by the court. The facility or qualified practitioner shall, within seventy-two (72) hours from the time the person is assessed, submit a written report to the court for the purpose of assisting the court in its determination of conditions for deferred sentence. No person, agency or facility operating an alcohol and drug substance abuse evaluation program certified by the Department of Mental Health and Substance Abuse Services shall solicit or refer any person evaluated pursuant to this subsection for any treatment program or alcohol and drug substance abuse service in which the person, agency or facility has a vested interest; however, this provision shall not be construed to prohibit the court from ordering participation in or any person from voluntarily utilizing a treatment program or alcohol and drug substance abuse service offered by such person, agency or facility. Any evaluation report submitted to the court pursuant to this subsection shall be handled in a manner which will keep the report confidential from review by the general public. Nothing contained in this subsection shall be construed to prohibit the court from ordering judgment and sentence in the event the defendant fails or refuses to comply with an order of the court to obtain the evaluation required by this subsection. As used in this subsection, "qualified practitioner" means a person with at least a bachelor's degree in substance abuse treatment, mental health or a related health care field and at least two (2) years of experience in providing alcohol abuse treatment, other drug abuse treatment, or both alcohol and other drug abuse treatment who is certified each year by the Department of Mental Health and Substance Abuse Services to provide these assessments. However, any person who does not meet the requirements for a qualified practitioner as defined herein, but who has been previously certified by the Department of Mental Health and Substance Abuse Services to provide alcohol or drug treatment or assessments, shall be considered a qualified practitioner provided all education, experience and certification requirements stated herein are met by September 1, 1995. The court may also require the person to participate in one or both of the following:
1. An alcohol and drug substance abuse course, pursuant to Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and
2. A victims impact panel program, as defined in subsection H of Section 991a of this title, if such a program is offered in the county where the judgment is rendered. The defendant shall be required to pay a fee of Seventy-five Dollars ($75.00) as set by the governing authority of the program and approved by the court to the victims impact panel program to offset the cost of participation by the defendant, if in the opinion of the court the defendant has the ability to pay such fee.
D. Upon completion of the conditions of the deferred judgment, and upon a finding by the court that the conditions have been met and all fines, fees, and monetary assessments have been paid as ordered, the defendant shall be discharged without a court judgment of guilt, and the court shall order the verdict or plea of guilty or plea of nolo contendere to be expunged from the record and the charge shall be dismissed with prejudice to any further action. The procedure to expunge the record of the defendant shall be as follows:
1. All references to the name of the defendant shall be deleted from the docket sheet;
2. The public index of the filing of the charge shall be expunged by deletion, mark-out or obliteration;
3. Upon expungement, the court clerk shall keep a separate confidential index of case numbers and names of defendants which have been obliterated pursuant to the provisions of this section;
4. No information concerning the confidential file shall be revealed or released, except upon written order of a judge of the district court or upon written request by the named defendant to the court clerk for the purpose of updating the criminal history record of the defendant with the Oklahoma State Bureau of Investigation; and
5. Defendants qualifying under Section 18 of this title may petition the court to have the filing of the indictment and the dismissal expunged from the public index and docket sheet. This section shall not be mutually exclusive of Section 18 of this title.
Records expunged pursuant to this subsection shall be sealed to the public but not to law enforcement agencies for law enforcement purposes. Records expunged pursuant to this subsection shall be admissible in any subsequent criminal prosecution to prove the existence of a prior conviction or prior deferred judgment without the necessity of a court order requesting the unsealing of such records.
E. The provisions of subsection D of this section shall be retroactive.
F. Whenever a judgment has been deferred by the court according to the provisions of this section, deferred judgment may not be accelerated for any technical violation unless a petition setting forth the grounds for such acceleration is filed by the district attorney with the clerk of the sentencing court and competent evidence justifying the acceleration of the judgment is presented to the court at a hearing to be held for that purpose. The hearing shall be held not more than twenty (20) days after the entry of the plea of not guilty to the petition, unless waived by both the state and the defendant. Any acceleration of a deferred sentence based on a technical violation shall not exceed ninety (90) days for a first acceleration or five (5) years for a second or subsequent acceleration.
G. Upon any violation of the deferred judgment, other than a technical violation, the court may enter a judgment of guilt and proceed as provided in Section 991a of this title or may modify any condition imposed. Provided, however, if the deferred judgment is for a felony offense, and the defendant commits another felony offense, the defendant shall not be allowed bail pending appeal.
H. The deferred judgment procedure described in this section shall apply only to defendants who have not been previously convicted of a felony offense and have not received more than one deferred judgment for a felony offense within the ten (10) years previous to the commission of the pending offense.
Provided, the court may waive this prohibition upon written application of the district attorney. Both the application and the waiver shall be made a part of the record of the case.
I. The deferred judgment procedure described in this section shall not apply to defendants found guilty or who plead guilty or nolo contendere to a sex offense required by law to register pursuant to the Sex Offenders Registration Act.
J. All defendants who are supervised pursuant to this section shall be subject to the sanction process as established in subsection D of Section 991b of this title.
K. Notwithstanding the provisions of subsections F and G of this section, a person who is being considered for an acceleration of a deferred judgment for an offense where the penalty has subsequently been lowered to a misdemeanor shall only be subject to a judgment and sentence that would have been applicable had he or she committed the offense after July 1, 2017.
Added by Laws 1970, c. 312, § 2. Amended by Laws 1976, c. 160, § 3, eff. Oct. 1, 1976; Laws 1979, c. 66, § 2, emerg. eff. April 16, 1979; Laws 1981, c. 15, § 1, eff. Oct. 1, 1981; Laws 1982, c. 8, § 2, emerg. eff. March 15, 1982; Laws 1984, c. 10, § 1, eff. Nov. 1, 1984; Laws 1985, c. 112, § 8, eff. Nov. 1, 1985; Laws 1988, c. 109, § 27, eff. Nov. 1, 1988; Laws 1990, c. 152, § 2, eff. Sept. 1, 1990; Laws 1992, c. 151, § 2, eff. Sept. 1, 1992; Laws 1992, c. 357, § 5, eff. July 1, 1992; Laws 1993, c. 166, § 2, eff. Sept. 1, 1993; Laws 1993, c. 360, § 3, eff. Sept. 1, 1993; Laws 1994, c. 2, § 10, emerg. eff. March 2, 1994; Laws 1994, c. 308, § 2, emerg. eff. June 7, 1994; Laws 1995, c. 193, § 3, eff. July 1, 1995; Laws 1995, c. 286, § 6, eff. July 1, 1995; Laws 1996, c. 304, § 2, emerg. eff. June 10, 1996; Laws 1997, c. 133, § 70, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 21, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 4, § 27, eff. July 1, 1999; Laws 2000, c. 6, § 5, emerg. eff. March 20, 2000; Laws 2000, c. 349, § 6, eff. Nov. 1, 2000; Laws 2001, c. 437, § 18, eff. July 1, 2001; Laws 2002, c. 460, § 20, eff. Nov. 1, 2002; Laws 2004, c. 275, § 12, eff. July 1, 2004; Laws 2005, c. 1, § 18, emerg. eff. March 15, 2005; Laws 2005, c. 374, § 2, eff. Nov. 1, 2005; Laws 2010, c. 113, § 2; Laws 2013, c. 80, § 2; Laws 2013, c. 175, § 2, eff. Nov. 1, 2013; Laws 2014, c. 219, § 1, eff. Nov. 1, 2014; Laws 2015, c. 209, § 1, eff. Nov. 1, 2015; Laws 2018, c. 128, § 12, eff. Nov. 1, 2018; Laws 2019, c. 459, § 4, eff. Nov. 1, 2019; Laws 2020, c. 46, § 2, eff. Sept. 1, 2020; Laws 2021, c. 101, § 3, emerg. eff. April 20, 2021.
NOTE: Laws 1993, c. 81, § 4 repealed by Laws 1993, c. 339, § 4, eff. Sept. 1, 1993 and by Laws 1993, c. 360, § 17, eff. Sept. 1, 1993. Laws 1993, c. 339, § 2 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994. Laws 1995, c. 75, § 1 repealed by Laws 1995, c. 286, § 17, eff. July 1, 1995. Laws 1999, c. 359, § 1 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000. Laws 2004, c. 145, § 1 repealed by Laws 2005, c. 1, § 19, emerg. eff. March 15, 2005. Laws 2020, c. 161, § 4 repealed by Laws 2021, c. 101, § 4, emerg. eff. April 20, 2021.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 22. Criminal Procedure

§22-1. Title of code.

§22-2. Indictment or information necessary, except when.

§22-3. Code not retroactive.

§22-4. Construction of words.

§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.

§22-7. Signature.

§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.

§22-12. Party defendant.

§22-13. Right to speedy trial, counsel and witnesses.

§22-14. Former jeopardy.

§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.

§22-19a. Arrest or charge as result of identity theft - Expungement on motion of court, district attorney or defendant.

§22-19b. Oklahoma Identity Theft Passport Program.

§22-19c. Arrest or charge as result of human trafficking – Expungement on motion of court or defendant.

§22-20. Incarceration of single custodial parents - Child placement.

§22-21. Eyewitness identification procedures.

§22-22. Policy requiring electronic recording of custodial interrogation of homicide or felony sex offense suspects.

§22-31. Who may resist.

§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.

§22-34.2. Reporting incidents of excessive force - Contents of report - Failure to report or making materially false statements.

§22-34.3. Racial profiling prohibited.

§22-34.4. Stop or arrest resulting from racial profiling.

§22-34.5. Attorney General's Office of Civil Rights Enforcement to establish procedures for filing racial profiling complaint - Annual report of complaints.

§22-35. Persons assisting officers.

§22-36. Civil and criminal immunity for private citizens aiding police officers - Federal law enforcement 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.

§22-38. Representation of law enforcement officers by district attorney in civil actions resulting from riot activity.

§22-39. Benefits for citizens who aid.

§22-40. Definitions.

§22-40.2. Victim protection order - Victims not to be discouraged from pressing charges.

§22-40.3. Emergency temporary order of protection.

§22-40.3A. Reporting of rape, sodomy, or sexual assault incidents –Referral of victim to services programs – Production of records to law enforcement officers.

§22-40.5. Short Title.

§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.

§22-44. Discharge, when.

§22-45. Bond required, when.

§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.

§22-55. Allegation and proof.

§22-56. Limitation.

§22-57. Costs.

§22-58. Mandatory reporting of domestic abuse - Exceptions.

§22-59. Immunity from liability – Presumption of good faith.

§22-60. Short title.

§22-60.1. See the following versions:

§22-60.1v1. Definitions.

§22-60.1v2. Definitions.

§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.

§22-60.4. Service of emergency ex parte order or emergency temporary order, petition for protective order and notice of hearing - Full hearing - Final protective order.

§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.

§22-60.9. Warrantless arrest.

§22-60.11. Protective order – Statement required - Validity.

§22-60.12. Foreign protective orders – Presumption of validity – Peace officers immune from liability.

§22-60.14. Address confidentiality program.

§22-60.16. Domestic abuse victims not to be discouraged from pressing charges - Warrantless arrests of certain persons - Emergency temporary order of protection.

§22-60.17. Consideration of certain victims' safety prior to release of defendant on bond - Emergency protective and restraining orders - GPS monitoring.

§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.

§22-60.21. Short title.

§22-60.22. Definitions.

§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.

§22-60.27. Remedies.

§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.

§22-71. Legislative findings.

§22-72. Definitions.

§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.

§22-101. Unlawful assemblage.

§22-102. Proceedings if assembly does not disperse - Commanding aid of others.

§22-103. Refusal to assist.

§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.

§22-111. Creation - Staff.

§22-112. Referral of complaints - Guidelines.

§22-113. Notice of complaint.

§22-114. Restitution agreements.

§22-115. District attorney's staff to perform certain duties.

§22-116. Annual reports.

§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.

§22-136. Acceptance of plea of guilty or nolo contendere upon waiver of venue and consent thereto - Judgments.

§22-151. Limitations – Murder, first and second degree manslaughter.

§22-152. Statute of limitations.

§22-153. Absence from state, limitation does not run.

§22-161. Magistrate defined.

§22-162. Who are magistrates.

§22-171. Complaint - Issuance of warrant of arrest.

§22-171.1. Arrest warrant for escaped prisoner.

§22-171.2. Determination of citizenship status of persons confined in jail - Verification of status - Presumption of flight risk.

§22-171.3. Custody of persons subject to immigration detainer request.

§22-172. Form of warrant.

§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.

§22-185. Offense triable in another county - Taking defendant before magistrate in misdemeanor cases.

§22-186. Arrest defined.

§22-187. Arrest made by whom.

§22-188. Aid to officer.

§22-189. Arrest, when made.

§22-190. Arrest, how made.

§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.

§22-227. Partial invalidity.

§22-228. Short Title.

§22-231. Misdemeanors - Warrant for arrest - Complaint submitted to district attorney - Cost bond.

§22-232. Form of cost bond.

§22-233. Judgment on 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.

§22-259. Order of witnesses.

§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.

§22-268. Commitment.

§22-269. Form of commitment.

§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.

§22-302. Indictment defined.

§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.

§22-305.5. Information - Release or disclosure - Confidentiality - Admissibility as evidence - Violations - Penalties.

§22-305.6. District Attorneys Council - Duties.

§22-305.7. Restorative justice pilot program.

§22-311. Grand jury defined.

§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.

§22-317. Ruling on challenge.

§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.

§22-322. Special grand jury.

§22-323. Court to appoint foreman.

§22-324. Oath to foreman.

§22-325. Oath to other jurors.

§22-326. Charge to grand jury.

§22-327. Jury to retire.

§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.

§22-340. Advice of court or district attorney – Reproduction or disclosure of transcript - Who may be present.

§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.

§22-353. Jurisdiction.

§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.

§22-360. Summons for service.

§22-361. Foreman.

§22-362. Costs and expenses.

§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.

§22-405. Allegation of time.

§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.

§22-412. Pleading a judgment.

§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.

§22-431. Several defendants.

§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.

§22-451. Arraignment.

§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.

§22-466. Name of defendant.

§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. Short title.

§22-471.1. Authorization of drug court programs.

§22-471.2. Eligibility and request for drug court program.

§22-471.3. Initial hearing.

§22-471.4. Eligibility criteria - Investigation.

§22-471.5. Admissibility of statements or evidence.

§22-471.6. Final eligibility hearing - Acceptance into program - Duration of participation - Costs and fees - Driving privileges.

§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.

§22-504.1. Motion to quash for insufficient evidence - Proof - Setting aside of indictment or information - Double jeopardy - Denial of motion.

§22-505. Demurrer to indictment or information, requisites of.

§22-506. Hearing on demurrer.

§22-507. Ruling on demurrer.

§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.

§22-515. Form of plea.

§22-516. Plea of guilty.

§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.

§22-523. Refusal to plead.

§22-524. Preliminary hearing on felony indictment - Time for request - Witnesses - Dismissal.

§22-561. Change of venue - When granted - Application - Affidavits and evidence - Removal as to part of defendants.

§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.

§22-600. Drawing the jury.

§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.

§22-602. Affirmation.

§22-621. Challenges classed.

§22-622. Several defendants - Challenges.

§22-631. Panel defined.

§22-632. Challenge to panel.

§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.

§22-638. Trial of challenge.

§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.

§22-656. Challenge for cause.

§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.

§22-662. Cause for challenge must be stated - Form and entry of challenge - Juror not disqualified for having formed opinion, when.

§22-663. Exception to the challenge.

§22-664. Trial of challenges.

§22-665. Trial of challenge - Examining jurors.

§22-666. Other witnesses.

§22-667. Ruling on challenge.

§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.

§22-703. Subpoena defined.

§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.

§22-708. Form of subpoena.

§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.

§22-721. Definitions.

§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.

§22-726. Short title.

§22-727. Constitutionality.

§22-728. Short Title.

§22-729. Definitions.

§22-730. Certificate from another state to compel witness to appear and testify - Notice, order and hearings.

§22-731. Transfer order - Determinations necessary - Copy of certificate attached - Directions and prescriptions - Responsibilities of requesting jurisdiction.

§22-732. Transfer order - Additional conditions - Expenses of return of witness - Effective date.

§22-733. Act inapplicable to certain persons.

§22-734. Certificate from this state to another state to compel prisoner to appear and testify - Contents - Presentation - Notice to attorney general of other state.

§22-735. Order directing compliance with terms and conditions of order from another state.

§22-736. Immunity from arrest and civil or criminal process.

§22-737. Construction of act.

§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.

§22-749. Sworn statements taken by district attorney or peace officer of persons having knowledge of criminal offense - Use.

§22-751. Admission of findings - Laboratory and medical examiner's reports - Release of controlled dangerous substances - Compelled attendance in court of report preparers.

§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.

§22-787. Manner of return.

§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.

§22-856. Requisites of charge of court - Presentation of written charge - Request to charge - Endorsement of disposition on charge presented - Partial refusal.

§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.

§22-893. Jury may have written instructions, forms of verdict and documents injury room - Copies of public or private documents.

§22-894. Jury brought into court for information - Presence of, or notice to, parties.

§22-895. Illness of juror after retirement - Accident or cause preventing keeping together - Discharge.

§22-896. Discharge after agreement on verdict or showing of inability to agree.

§22-897. Retrial after discharge at same or other term.

§22-898. Court during jury's retirement - Sealed verdicts - Final adjournment for term discharges jury.

§22-911. Return of jury into court upon agreement - Discharge on failure of some jurors to appear.

§22-912. Presence of defendant required in felony cases when verdict received - Discretionary in misdemeanor cases.

§22-913. Proceedings when jury appear.

§22-914. Form of verdict.

§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.

§22-921. Polling jury.

§22-922. Recording and reading verdict - Disagreement of jurors entered upon minutes - Discharge if no disagreement.

§22-923. Defendant discharged on acquittal - Variance resulting in acquittal may authorize new charges.

§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.

§22-977. Entry of judgment of conviction - Papers to be filed by clerk - Obtaining date of birth and social security number of defendant.

§22-978. Certified copy of judgment furnished to officer - Officer authorized to execute judgment except of death.

§22-979. Execution of judgment by sheriff in certain cases - Delivery to proper officer in other cases.

§22-979a. Payment of jail costs by inmate.

§22-980. Duty of sheriff when defendant sentenced to state prison.

§22-981. Authority of officer while conveying prisoner - Assistance of citizens - Penalty for refusing assistance.

§22-982. Presentence investigation.

§22-982a. Judicial review.

§22-983. Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees or assessments - Hearing - Installments.

§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.

§22-985.2. Departures report.

§22-988.1. Short title.

§22-988.2. Definitions — Duties of Chief Judge.

§22-988.3. Purpose of act.

§22-988.4. Mandatory local system.

§22-988.5. Community sentencing system planning councils.

§22-988.6. Planning council duties.

§22-988.7. Local system plan.

§22-988.8. Community services and sentencing options.

§22-988.9. Fees and costs.

§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.

§22-988.19. Sentencing.

§22-988.20. Disciplinary sanctions or incentives.

§22-988.21. Earned credits.

§22-988.22. Completion of community sentence.

§22-988.23. Immunity from liability.

§22-988.24. Community sentencing program pilot projects for persons whose suspended sentences have been revoked.

§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-13. Short title.

§22-991a-14. Purpose.

§22-991a-15. Definitions.

§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-19. Seizure of property – Forfeiture for sale – Notice and hearing – Petition for return – Release of property.

§22-991a-20. Second and subsequent offenses.

§22-991b. Revocation of suspended sentence – Intermediate sanction process – Technical violations.

§22-991c. Deferred sentence.

§22-991d. Supervision fee.

§22-991f. Definitions.

§22-991f-1.0. Restitution and Diversion Program - Short title.

§22-991f-1.1. Restitution and Diversion Program - Evaluation of criminal complaints for deferred prosecution - Restitution agreement - Definitions.

§22-991g. Local crimestoppers programs - Qualification for repayment of rewards - Audits - Certification - Use of funds.

§22-991h. Order of no contact.

§22-994. Suspension of judgment and sentence after appeal.

§22-996. Short title - Regimented Inmate Discipline (RID) Program.

§22-996.1. Definitions.

§22-996.2. Implementation and scope of program.

§22-996.3. Powers of court - Specialized offender accountability plan - Objection and hearing - Effect of court order - Probation or confinement.

§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.

§22-1011. Execution of judgment - Suspension when defendant pregnant - Execution when pregnancy ceases.

§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.

§22-1051. Right of appeal - Review - Corrective jurisdiction - Procedure - Scope of review on certiorari.

§22-1052. How governed.

§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. Time for perfecting appeal - Original record and transcript - Notice to transmit - Indigent defendants.

§22-1054.1. Perfecting appeal without filing motion for new trial.

§22-1056. Appeal by state not to suspend judgment.

§22-1058. Conditions of bond - Surrender by sureties - Stay of execution - Confinement of defendant when crime not bailable.

§22-1062. Exceptions.

§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.

§22-1072. Record and enforcement of mandate or order in lower court - Return by clerk of lower court to clerk of Criminal Court of Appeals.

§22-1076. Notice to defendant of his right to appeal - Stay of execution of judgment.

§22-1077. Bail allowable.

§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. Short title.

§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.

§22-1089.4. Review of record.

§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.

§22-1091. Short title.

§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.

§22-1106. Deposit for bail.

§22-1107. Arrest of defendant by bail - Commitment of defendant and exoneration of bail.

§22-1108. Forfeiture of bail.

§22-1108.1. Own recognizance bonds - Requirements for posting - Forfeiture action and collection of forfeiture.

§22-1109. Additional security may be required.

§22-1110. Jumping bail - Penalties.

§22-1111. Bail for violating water safety law, Wildlife Conservation Code or other bail laws - Deposit of operator’s license in lieu of bail.

§22-1111.1. Return of operator's license.

§22-1111.2. Failure to appear for arraignment.

§22-1113. Plea of guilty.

§22-1114.3. Traffic citation - Delivery of complaint information and abstract of court record - Citation as information.

§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.

§22-1115.1A. Release on personal recognizance for traffic violation – Arraignment – Plea – Failure to plead or appear.

§22-1115.2. Posting bail after release on personal recognizance for traffic violation - Failure to appear - Person ineligible for release on personal recognizance - Juveniles.

§22-1115.2B. Posting bail after release on personal recognizance for traffic violation – Failure to appear – Person ineligible for release on personal recognizance - Juveniles.

§22-1115.3. State traffic-related offenses - State wildlife-related or water safety-related offenses - Bail.

§22-1115.4. Court clerk not liable on dishonored check - Bench warrant and arrest of issuer.

§22-1115.5. Department of Public Safety - Power and duties relative to suspension of driving privilege.

§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.

§22-1141.1. Definitions.

§22-1141.2. Duty of Governor.

§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.

§22-1141.16. Bail.

§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.

§22-1141.30. Short title.

§22-1145.1. Short title.

§22-1145.2. Purpose of act.

§22-1145.3. Definitions.

§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.

§22-1161. Acts committed by persons in a state of mental illness or defect - Sentencing - Appeal - Examination – Treatment.

§22-1162. Jury to try sanity.

§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.

§22-1175.1. Definitions.

§22-1175.2. Application for determination of competency - Service - Notice - Suspension of criminal proceedings.

§22-1175.3. Hearing - Date - Evidence - Orders - Examination of accused - Instructions to physician.

§22-1175.4. Post-examination competency hearing - Evidence - Presumptions - Jury trial - Presence of accused - Witnesses - Instructions.

§22-1175.5. Questions to be answered in determining competency.

§22-1175.6. Disposition orders - Placement in secure ward.

§22-1175.6a. Person capable of achieving competence within reasonable time - Suspension of criminal proceedings - Civil commitment.

§22-1175.6b. Incompetence due to intellectual disability - Suspension of criminal proceedings - Placement - Conditional release.

§22-1175.6c. Person incompetent for reasons other than needed treatment or due to intellectual disability - Dangerous to self or others - Placement.

§22-1175.7. Persons incompetent but capable of achieving competency within reasonable time - Treatment order - Medical supervisor - Commitment - Private treatment - Involuntary commitment to Department of Human Services prohibited.

§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.

§22-1191. Method of 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.

§22-1195. Suspension from office - Time for trial - Change of judge or venue - Continuances - Filling vacancy temporarily - Voluntary suspension of county officers.

§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.

§22-1228. Execution of search warrant without warning or notice – Forced entry – Exigent circumstances.

§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.

§22-1277. Prosecutions of offenses committed by inmates of penal institutions - Habeas corpus - Costs, expenses, fees.

§22-1278. Interpreters for deaf mutes - Appointment - Oath - Compensation.

§22-1301. Information against corporation - Summons.

§22-1302. Form of summons.

§22-1303. Service of 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.

§22-1325. Unclaimed property or money in possession of sheriff's office or campus police agency - Disposition - Procedure.

§22-1326. Receipts for property taken from defendant.

§22-1327. Disposition of exhibits.

§22-1331. Reward for arrest of horse thief.

§22-1333. Clerk's fees.

§22-1334. Littering upon highways or dumping trash on public or private property - Rewards - Claims.

§22-1341. Definitions.

§22-1342. Peace officers - Arrest without warrant.

§22-1343. Detention of suspect - Purposes.

§22-1344. Concealing unpurchased merchandise - Presumption.

§22-1345. Citation.

§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.

§22-1355.2. Definitions.

§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.

§22-1355.8. Award of contracts - Compensation - Appointment of attorneys for indigents not entitled to representation by the System.

§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.

§22-1365. Costs and fees.

§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.

§22-1371.1. DNA Forensic Testing Program purpose - Authority of the Oklahoma Indigent Defense System - Claim priority.

§22-1371.2. Indigent person may request services of Oklahoma Indigent Defense System DNA Forensic Testing Program.

§22-1372. Biological evidence preservation – Definitions.

§22-1373. Short title - Postconviction DNA Act.

§22-1373.1. Definitions.

§22-1373.2. Motion requesting testing.

§22-1373.3. Pro se referrals.

§22-1373.4. Hearing - Testing.

§22-1373.5. Results - Relief.

§22-1373.6. Agreement to conduct testing.

§22-1373.7. Appeals.

§22-1401. Short title.

§22-1402. Definitions.

§22-1403. Participation in pattern of racketeering activity or collection of unlawful debt prohibited - Investment of funds prohibited - Conspiracy to violate prohibition - Venue of actions.

§22-1404. Penalties for violating Section 1403 - Persons authorized to institute proceedings.

§22-1405. Criminal forfeiture procedures.

§22-1406. Action which may be taken by district court after filing of indictment of information and hearing.

§22-1407. Action which may be taken by district court after entry of judgment.

§22-1408. Criminal fines and penalties under act not exclusive.

§22-1409. Civil proceedings.

§22-1410. Disposal of forfeited property.

§22-1411. Certain proceeds of forfeitures to be deposited with State Treasury to cover cost of investigation and prosecution - Expenditure.

§22-1412. Lien notice.

§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.

§22-1602. Domestic Violence Fatality Review Board - Administrative assistance from Office of the Attorney General.

§22-1603. Collection of data relating to victim protective orders.

§22-2001. Short title - Scope.

§22-2002. Disclosure of evidence - Continuing duty to disclose - Time of discovery - Regulation of discovery - Reasonable cost of copying, duplicating, and videotaping.

§22-410. Immaterial informalities to be disregarded.

§22-991av1. Sentencing powers of court - Alcohol and drug assessment and evaluation - Restitution, fines or incarceration - Victim impact statements - Probation and monitoring - DNA samples.

§22-991av2. Sentencing powers of court - Alcohol and drug assessment and evaluation - Restitution, fines, or incarceration - Victim impact statements - Probation and monitoring - DNA samples.