Oklahoma Statutes
Title 22. Criminal Procedure

§22-856. Requisites of charge of court - Presentation of written charge - Request to charge - Endorsement of disposition on charge presented - Partial refusal. - In charging the jury, the court must state to them...

§22-857. Jury after the charge. - After hearing the charge, the jury may either decide in...

§22-858. Defendant admitted to bail may be committed during trial. - When a defendant who has given bail appears for trial,...

§22-859. Substitute for district attorney failing or unable to attend trial or disqualified. - If the district attorney fails, or is unable to attend...

§22-860.1. Second or subsequent offenses – Trial procedure. - In all cases in which the defendant is prosecuted for...

§22-861. Formal exceptions to rulings or orders unnecessary. - Formal exceptions to rulings or orders of the court in...

§22-891. Jury room - Expenses of providing, a county charge. - A room must be provided by the board of commissioners...

§22-893. Jury may have written instructions, forms of verdict and documents injury room - Copies of public or private documents. - On retiring for deliberation the jury may take with them...

§22-894. Jury brought into court for information - Presence of, or notice to, parties. - After the jury have retired for deliberation, if there be...

§22-895. Illness of juror after retirement - Accident or cause preventing keeping together - Discharge. - If, after the retirement of the jury, one of them...

§22-896. Discharge after agreement on verdict or showing of inability to agree. - Except as provided in the last section, the jury cannot...

§22-897. Retrial after discharge at same or other term. - In all cases where a jury are discharged or prevented...

§22-898. Court during jury's retirement - Sealed verdicts - Final adjournment for term discharges jury. - While the jury are absent the court may adjourn from...

§22-911. Return of jury into court upon agreement - Discharge on failure of some jurors to appear. - When the jury have agreed upon their verdict, they may...

§22-912. Presence of defendant required in felony cases when verdict received - Discretionary in misdemeanor cases. - If the indictment or information is for a felony, the...

§22-913. Proceedings when jury appear. - When the jury appear, they must be asked, by the...

§22-914. Form of verdict. - A general verdict upon a plea of not guilty, is...

§22-915. Degree of crime must be found. - Whenever a crime is distinguished into degrees, the jury, if...

§22-916. Included offense or attempt may be found. - The jury may find the defendant guilty of any offense,...

§22-917. Several defendants - Verdict as to part - Retrial as to defendants not agreed on. - On an indictment or information against several, if the jury...

§22-918. Jury may reconsider verdict of conviction for mistake of law - Return of same verdict. - When there is a verdict of conviction in which it...

§22-919. Informal verdict to be reconsidered. - If the jury render a verdict not in form, the...

§22-920. Judgment when jury persist in informal verdict. - If the jury persist in finding an informal verdict, from...

§22-921. Polling jury. - When a verdict is rendered, and before it is recorded,...

§22-922. Recording and reading verdict - Disagreement of jurors entered upon minutes - Discharge if no disagreement. - When the verdict is given, and is such as the...

§22-923. Defendant discharged on acquittal - Variance resulting in acquittal may authorize new charges. - If a judgment of acquittal is given on a general...

§22-924. Commitment upon conviction. - If a general verdict is rendered against the defendant he...

§22-925. Claim of insanity - Duty of court and jury - Commitment to institution. - When it is contended on behalf of the defendant in...

§22-926.1. Assessment of punishment by jury. - In all cases of a verdict of conviction for any...

§22-927.1. Punishment assessed by court. - Where the jury finds a verdict of guilty, and fails...

§22-928.1. Excess punishment to be disregarded by court. - If the jury assesses a punishment, whether of imprisonment or...

§22-929. Remand for vacation of sentence - New sentencing proceeding - Construction of section. - A. Upon any appeal of a conviction by the defendant...

§22-951. New trial defined - Proceedings on new trial - Former verdict no bar - Capital cases. - A. A new trial is a reexamination of the issue...

§22-952. Grounds for new trial - Affidavits and testimony. - A court in which a trial has been had upon...

§22-953. Time for applying for new trial - Limitations. - The application for a new trial must be made before...

§22-954. Motion in arrest of judgment - Definition - Grounds - Time for. - A motion in arrest of judgment is an application on...

§22-955. Court may arrest on its own motion - Effect of allowing motion. - The court may also on its own view of any...

§22-956. Proceedings after motion for arrest of judgment sustained. - If, from the evidence on the trial, there is reasonable...

§22-961. Court appoints time for pronouncing judgment. - After a plea or verdict of guilty, or after a...

§22-962. Time for pronouncing verdict specified. - The time appointed must be at least two (2) days...

§22-963. Defendant may be absent, when. - For the purpose of judgment, if the conviction is for...

§22-964. Officer may be directed to produce prisoner. - When the defendant is in custody, the court may direct...

§22-965. Warrant for defendant not appearing - Forfeiture of bond or bail money. - If the defendant has been discharged on bail, or has...

§22-966. Clerk to issue bench warrant - Several counties. - The clerk, on the application of the district attorney, may,...

§22-966A. Bench warrant, fee for issuance of. - For the issuance of each bench warrant for a defendant's...

§22-967. Form of bench warrant. - The bench warrant must be substantially in the following form:...

§22-968. Service of bench warrant, mode of. - The bench warrant may be served in any county, in...

§22-969. Defendant to be arrested. - Whether the bench warrant is served in the county in...

§22-970. Defendant informed of proceedings. - When the defendant appears for judgment, he must be informed...

§22-971. Defendant may show cause against judgment - Grounds - Proceedings. - The defendant may show for cause against the judgment: 1....

§22-972. Rendition of judgment where cause against it not shown. - If no sufficient cause be alleged or appear to the...

§22-973. Court may hear further evidence, when. - After a plea or verdict of guilty in a case...

§22-973a. Mitigating factor for veterans – PTSD. - A. When making a sentencing decision concerning a person who...

§22-974. Testimony - How presented - Deposition of sick or infirm witness. - The circumstances must be presented by the testimony of witnesses...

§22-975. Other evidence in aggravation or mitigation of punishment prohibited. - No affidavit or testimony, or representation of any kind, verbal...

§22-976. Concurrent sentences. - If the defendant has been convicted of two or more...

§22-977. Entry of judgment of conviction - Papers to be filed by clerk - Obtaining date of birth and social security number of defendant. - A. When judgment upon a conviction is rendered, the clerk...

§22-978. Certified copy of judgment furnished to officer - Officer authorized to execute judgment except of death. - When a judgment, except of death, has been pronounced, a...

§22-979. Execution of judgment by sheriff in certain cases - Delivery to proper officer in other cases. - When the judgment is imprisonment in a county jail, or...

§22-979a. Payment of jail costs by inmate. - A. The court shall require a person who is actually...

§22-980. Duty of sheriff when defendant sentenced to state prison. - If the judgment is for imprisonment in a state prison,...

§22-981. Authority of officer while conveying prisoner - Assistance of citizens - Penalty for refusing assistance. - The sheriff or his deputy while conveying the defendant to...

§22-982. Presentence investigation. - A. Whenever a person is convicted of a violent felony...

§22-982a. Judicial review. - A. 1. Any time within sixty (60) months after the...

§22-983. Imprisonment or recommendation of suspension of driving privileges for failure to pay fines, costs, fees or assessments - Hearing - Installments. - A. 1. Except in cases provided for in Section 983b...

§22-983a. Authority to waive fines, costs and fees. - A. On or after November 1, 2016, the court shall...

§22-983b. Released persons – Hearing to determine ability to pay fines, fees and costs. - A. Any person released on parole or released without parole...

§22-985. Short title - Justice Safety Valve Act. - Sections 2 and 3 of this act shall be known...

§22-985.1. Departure from mandatory minimum sentencing – Requirements - Exceptions. - A. When sentencing a person convicted of a criminal offense...

§22-985.2. Departures report. - The district court clerk of each county shall submit a...

§22-988.1. Short title. - Sections 1 through 25 of this act shall be known...

§22-988.2. Definitions — Duties of Chief Judge. - A. For purposes of the Oklahoma Community Sentencing Act: 1....

§22-988.3. Purpose of act. - The purposes of the Oklahoma Community Sentencing Act are to:...

§22-988.4. Mandatory local system. - In jurisdictions where a community sentencing system has not been...

§22-988.5. Community sentencing system planning councils. - A. A community sentencing system planning council shall be established...

§22-988.6. Planning council duties. - A. Each community sentencing planning council shall: 1. Plan the...

§22-988.7. Local system plan. - A. A detailed plan for each local community sentencing system...

§22-988.8. Community services and sentencing options. - A. A community sentencing system established pursuant to the provisions...

§22-988.9. Fees and costs. - A. Any offender sentenced to a community sentence pursuant to...

§22-988.10. Resource-limited system. - A. It is the responsibility of the planning council, the...

§22-988.11. Performance-based evaluations. - Each service provider contracting with the state pursuant to the...

§22-988.12. Custody of offenders – Medical expenditures. - A. Any person sentenced to a community punishment pursuant to...

§22-988.13. Local administrator. - A. Each local community sentencing system shall collaborate with a...

§22-988.14. State agency - Creation. - A. There is hereby created within the Department of Corrections...

§22-988.15. Duties of state agency. - The Community Sentencing Division within the Department of Corrections shall...

§22-988.16. Community sentencing system budgeting. - A. Each fiscal year the Division, in collaboration with the...

§22-988.17. Development and use of community sentence assessment and evaluation tests. - A. The Department of Corrections shall utilize the Level of...

§22-988.18. Assessment and evaluation of defendants. - A. On and after March 1, 2000, for each felony...

§22-988.19. Sentencing. - A. When ordering a community sentence or community punishment, the...

§22-988.20. Disciplinary sanctions or incentives. - A. Upon proper motion to the court to modify a...

§22-988.21. Earned credits. - Any law directing earned credits during periods of imprisonment or...

§22-988.22. Completion of community sentence. - A. Any offender ordered to participate in the local community...

§22-988.23. Immunity from liability. - All state and local government agencies and their officers and...

§22-988.24. Community sentencing program pilot projects for persons whose suspended sentences have been revoked. - The Department of Corrections may establish pilot projects that allow...

§22-990.1. Uniform supervision form - Requisites. - A. The Administrative Office of the Courts in collaboration with...

§22-990a-1.1. Sentencing procedures. - When sentencing an eligible offender on or after March 1,...

§22-991a. See the following versions: - OS 22-991av1 (SB 1068, Laws 2019, c. 453, § 1)....

§22-991a-2. Nonviolent felony offenders - County jail imprisonment - Fines and costs. - A. Any person who has been convicted of a nonviolent...

§22-991a-3. Restitution of buyer of property unlawfully obtained. - A. Upon a verdict or plea of guilty or upon...

§22-991a-4.1. Community Service Sentencing Program. - A. There is hereby re-created the “Community Service Sentencing Program”....

§22-991a-13. Short title. - Sections 442 through 449 of this act shall be known...

§22-991a-14. Purpose. - The purpose and intent of the Elderly and Incapacitated Victim's...

§22-991a-15. Definitions. - As used in the Elderly and Incapacitated Victim's Protection Act:...

§22-991a-16. Offenses to which program applies. - The provisions of the Elderly and Incapacitated Victim's Protection Act...

§22-991a-17. Enhancement of sentence. - Whenever a person is convicted of an offense enumerated in...

§22-991a-18. Restitution to victim – Modification or revocation of sentence. - A. The court shall at the time of sentencing: 1....

§22-991a-19. Seizure of property – Forfeiture for sale – Notice and hearing – Petition for return – Release of property. - A. Any peace officer of this state shall seize any...

§22-991a-20. Second and subsequent offenses. - A. Every person who, having been convicted of any offense...

§22-991b. Revocation of suspended sentence – Intermediate sanction process – Technical violations. - A. Whenever a sentence has been suspended by the court...

§22-991c. Deferred sentence. - A. Upon a verdict or plea of guilty or upon...

§22-991d. Supervision fee. - A. 1. When the court orders supervision by the Department...

§22-991f. Definitions. - A. For the purposes of any provision of Title 22...

§22-991f-1.0. Restitution and Diversion Program - Short title. - This section and Section 22 of this act shall be...

§22-991f-1.1. Restitution and Diversion Program - Evaluation of criminal complaints for deferred prosecution - Restitution agreement - Definitions. - A. Each district attorney shall create within the district attorney’s...

§22-991g. Local crimestoppers programs - Qualification for repayment of rewards - Audits - Certification - Use of funds. - A. The Office of the Attorney General, at the request...

§22-991h. Order of no contact. - In addition to the other sentencing powers of the court,...

§22-994. Suspension of judgment and sentence after appeal. - After appeal, when any criminal conviction is affirmed, either in...

§22-996. Short title - Regimented Inmate Discipline (RID) Program. - Sections 996 through 996.3 of this title shall be known...

§22-996.1. Definitions. - As used in the Delayed Sentencing Program for Young Adults:...

§22-996.2. Implementation and scope of program. - The Department of Corrections shall establish and carry out the...

§22-996.3. Powers of court - Specialized offender accountability plan - Objection and hearing - Effect of court order - Probation or confinement. - A. Upon a verdict of guilty or a plea of...

§22-1001. Judgment of death - Warrant. - When judgment of death is rendered, the judge must sign...

§22-1001.1. Execution of judgment - Time - Stay of execution. - A. The execution of the judgment in cases where sentence...

§22-1002. Governor to be informed of proceedings. - The judge of a court at which a conviction requiring...

§22-1003. Governor may require opinion of appellate judges. - The governor may thereupon require the opinion of the judges...

§22-1004. Reprieve and suspension of execution - Authority of officers. - No judge, court or officer, other than the Governor, can...

§22-1005.1. Mentally incompetent to be executed – Motion – Hearing - Examination. - A. For purposes of this act, "mentally incompetent to be...

§22-1010. Pregnancy of prisoners - Judicial investigation. - If it is a alleged that a female prisoner under...

§22-1011. Execution of judgment - Suspension when defendant pregnant - Execution when pregnancy ceases. - If it is found that a female is not pregnant...

§22-1014. Manner of inflicting punishment of death. - A. The punishment of death shall be carried out by...

§22-1015. Place of execution of judgment - Persons who may witness. - A. A judgment of death must be executed at the...

§22-1016. Warden's return upon death warrant. - After the execution, the warden must make a report upon...

§22-1051. Right of appeal - Review - Corrective jurisdiction - Procedure - Scope of review on certiorari. - A. An appeal to the Court of Criminal Appeals may...

§22-1052. How governed. - An appeal from a judgment in a criminal action may...

§22-1053. Appeals taken by state or municipality – Allowable cases. - Appeals to the Court of Criminal Appeals may be taken...

§22-1053.1. Automatic appeal of judgments holding statutes unconstitutional in criminal actions. - Any final judgment entered by a district court in a...

§22-1054. Time for perfecting appeal - Original record and transcript - Notice to transmit - Indigent defendants. - A. In misdemeanor and felony cases the appeal must be...

§22-1054.1. Perfecting appeal without filing motion for new trial. - The right of a party to perfect an appeal from...

§22-1056. Appeal by state not to suspend judgment. - An appeal taken by the state in no case stays...

§22-1058. Conditions of bond - Surrender by sureties - Stay of execution - Confinement of defendant when crime not bailable. - If an appeal is taken and the appeal bond given...

§22-1062. Exceptions. - The exceptions stated in the case shall have the same...

§22-1065. Defendants may appeal jointly or severally. - When several defendants are tried jointly, any one or more...

§22-1066. Power of appellate court - Return by clerk of lower court when new trial granted. - The appellate court may reverse, affirm or modify the judgment...

§22-1067. Order when no offense committed - When indictment defective. - When a judgment against the defendant is reversed, and it...

§22-1069. Appeal not dismissed for informality. - An appeal shall not be dismissed for any informality or...

§22-1070. Judgment to be executed on affirmance. - On a judgment of affirmance against the defendant, the original...

§22-1071. Opinions to be recorded. - All opinions of the Criminal Court of Appeals must be...

§22-1071.1. Court of Criminal Appeals – Online publication of opinions. - Opinions of the Oklahoma Court of Criminal Appeals designated for...

§22-1072. Record and enforcement of mandate or order in lower court - Return by clerk of lower court to clerk of Criminal Court of Appeals. - It is hereby made the duty of the court clerk...

§22-1076. Notice to defendant of his right to appeal - Stay of execution of judgment. - The court shall at the time of entering judgment and...

§22-1077. Bail allowable. - Bail on appeal shall be allowed on appeal from a...

§22-1078. Amount of bond - Time to make appeal bond - Stay pending appeal - Additional bond. - When bail is allowed, the court shall fix the amount...

§22-1079. Denial of bail - Review by habeas corpus. - If bail on appeal be denied, or the amount fixed...

§22-1080. Post-Conviction Procedure Act - Right to challenge conviction or sentence. - Any person who has been convicted of, or sentenced for,...

§22-1080.1. Limitation period. - A. A one-year period of limitation shall apply to the...

§22-1081. Commencement of proceeding. - A proceeding is commenced by filing a verified "application for...

§22-1082. Court costs and expenses of representation. - If the applicant is unable to pay court costs and...

§22-1083. Response by state - Disposition of application. - A. Within thirty (30) days after the docketing of the...

§22-1084. Evidentiary hearing - Findings of fact and conclusions of law. - If the application cannot be disposed of on the pleadings...

§22-1085. Finding in favor of applicant. - If the court finds in favor of the applicant, it...

§22-1086. Subsequent application. - All grounds for relief available to an applicant under the...

§22-1087. Appeal to Court of Criminal Appeals. - A final judgment entered under this act may be appealed...

§22-1088. Short title. - This act may be cited as the "Post-Conviction Procedure Act"....

§22-1088.1. Post-conviction relief applications - Reasonable inquiry - Sanctions. - A. By presenting to the court, whether by signing, filing,...

§22-1089. Capital cases - Post - conviction relief - Grounds for appeal. - A. The application for post-conviction relief of a defendant who...

§22-1089.1. State may appeal certain adverse rulings or orders. - The State of Oklahoma, by and through the district attorney...

§22-1089.2. Notice of intent to appeal - Application to appeal. - A. If in open court at the time the adverse...

§22-1089.3. Waiver of right to appeal. - In the event the state does not file the application...

§22-1089.4. Review of record. - The judge assigned the state's application to appeal shall review...

§22-1089.5. Preliminary hearing - Review of record in light most favorable to state. - In the event that the state appeals the ruling of...

§22-1089.6. Erroneous ruling or order - Remand. - In the event the assigned judge finds, based upon the...

§22-1089.7. Appeal to Court of Criminal Appeals - Bail - Review. - In the event the state's application to appeal is denied...

§22-1091. Short title. - This act may be cited as the “Interstate Compact for...

§22-1092. Legislative findings, declarations, and intent. - It is hereby found and declared that: 1. The Interstate...

§22-1093. Execution and form of Compact. - The Governor is hereby authorized and directed to execute a...

§22-1094. Oklahoma State Council for Interstate Adult Offender Supervision. - A. There is hereby created the Oklahoma State Council for...

§22-1095. Compact administrator. - Upon the effectiveness of the Interstate Compact for Interstate Adult...

§22-1101. Offenses bailable - Who may take bail. - A. Except as otherwise provided by law, bail, by sufficient...

§22-1101.1. Offenses relating to prostitution bailable. - Bail, by sufficient sureties, may be admitted upon all arrests...

§22-1102. Bail when crime is punishable by death. - Bail, by sufficient sureties, may be admitted upon all arrests...

§22-1104. Qualifications of bail - Justification. - The qualifications of bail are the same as those in...

§22-1105. Defendant discharged on giving bail - Exceptions. - A. Except as otherwise provided by this section, upon the...

§22-1105.1. Pretrial Release Act - Short title. - This act shall be known and may be cited as...

§22-1105.2. Pretrial Release Act - Setting of bail – Schedule – Electronic monitoring. - A. Following an arrest for a misdemeanor or felony offense...

§22-1105.3. Pretrial Release Act - Pretrial release programs - Persons eligible - Minimum criteria. - A. Any county pursuant to the provisions of the Pretrial...

§22-1106. Deposit for bail. - A deposit of the sum of money mentioned in the...

§22-1107. Arrest of defendant by bail - Commitment of defendant and exoneration of bail. - Any party charged with a criminal offense and admitted to...

§22-1108. Forfeiture of bail. - If the defendant neglects to appear according to the terms...

§22-1108.1. Own recognizance bonds - Requirements for posting - Forfeiture action and collection of forfeiture. - A. Own recognizance bonds set in a penal amount shall...

§22-1109. Additional security may be required. - When proof is made to any court, judge or other...

§22-1110. Jumping bail - Penalties. - Whoever, having been admitted to bail or released on recognizance,...

§22-1111. Bail for violating water safety law, Wildlife Conservation Code or other bail laws - Deposit of operator’s license in lieu of bail. - A. Any person arrested by a law enforcement officer for...

§22-1111.1. Return of operator's license. - The court clerk shall return an operator's license deposited in...

§22-1111.2. Failure to appear for arraignment. - The arresting officer shall indicate on the citation the date...

§22-1113. Plea of guilty. - The person so charged who elects to plead guilty may...

§22-1114.3. Traffic citation - Delivery of complaint information and abstract of court record - Citation as information. - A. Upon issuing a traffic citation required to be filed...

§22-1114.3A. Citations - Delivery of Complaint Information and Abstract of Court Record. - A. Upon issuing a citation other than a traffic citation...

§22-1115. Short title - Application. - Sections 1115 through 1115.5 of this title shall be known...

§22-1115.1. Release on personal recognizance - Arraignment - Plea - Failure to plead or appear. - A. In addition to other provisions of law for posting...

§22-1115.1A. Release on personal recognizance for traffic violation – Arraignment – Plea – Failure to plead or appear. - A. In addition to other provisions of law for posting...

§22-1115.2. Posting bail after release on personal recognizance for traffic violation - Failure to appear - Person ineligible for release on personal recognizance - Juveniles. - A. If a person arrested for a traffic violation is...

§22-1115.2B. Posting bail after release on personal recognizance for traffic violation – Failure to appear – Person ineligible for release on personal recognizance - Juveniles. - A. If a person arrested for a traffic violation is...

§22-1115.3. State traffic-related offenses - State wildlife-related or water safety-related offenses - Bail. - A. The court shall prescribe the amount of bail for...

§22-1115.4. Court clerk not liable on dishonored check - Bench warrant and arrest of issuer. - A. In any case where a municipal court clerk or...

§22-1115.5. Department of Public Safety - Power and duties relative to suspension of driving privilege. - A. 1. Following receipt of notification and a request for...

§22-1121. Rewards from fugitives of justice. - The Governor or his designee may offer a reward not...

§22-1122. Reward for arrest and conviction of person committing felony. - The Governor is hereby authorized in his discretion to offer...

§22-1123. Extradition - Delivery of accused. - A person charged in any state or territory of the...

§22-1134. Costs of returning fugitives. - A. 1. When the Governor shall demand from the executive...

§22-1135. Foreign arrests - Fees or rewards forbidden. - No compensation, fee, or reward of any kind can be...

§22-1136. Foreign arrests - Misdemeanors. - A violation hereof is a misdemeanor. R.L.1910, § 6094.

§22-1141.1. Definitions. - Where appearing in this act, the term "Governor" includes any...

§22-1141.2. Duty of Governor. - Subject to the provisions of this act, the provisions of...

§22-1141.3. Requisites of demand - Accompanying papers. - No demand for the extradition of a person charged with...

§22-1141.4. Investigation and report. - When a demand shall be made upon the Governor of...

§22-1141.5. Agreement for return to other state - Surrender of person leaving state involuntarily. - When it is desired to have returned to this state...

§22-1141.6. Surrender of persons not fleeing from demanding state. - The Governor of this state may also surrender, on demand...

§22-1141.7. Warrant of arrest of Governor. - If the Governor decides that the demand should be complied...

§22-1141.8. Authority conferred by warrant. - Such warrant shall authorize the peace officer or other person...

§22-1141.9. Authority to command assistance. - Every such peace officer or other person empowered to make...

§22-1141.10. Notice of demand to allege fugitive - Counsel - Habeas corpus. - Any person who is arrested within this state, by virtue...

§22-1141.11. Disobedience of preceding section. - Any officer who shall deliver to the agent for extradition...

§22-1141.12. Confinement of prisoner in jail. - The officer or persons executing the Governor's warrant of arrest,...

§22-1141.13. Issuance of warrant of arrest by judge or magistrate. - Whenever any person within this state shall be charged on...

§22-1141.14. Arrest without warrant. - The arrest of a person may be lawfully made also...

§22-1141.15. Commitment by judge or magistrate. - If from the examination before the judge or magistrate, it...

§22-1141.16. Bail. - Unless the offense with which the prisoner is charged is...

§22-1141.17. Discharge or recommitment. - If the accused is not arrested under warrant of the...

§22-1141.18. Forfeiture of bail. - If the prisoner is admitted to bail, and fails to...

§22-1141.19. Demand for person against whom prosecution pending. - If a criminal prosecution has been instituted against such person...

§22-1141.20. Inquiry into guilt or innocence. - The guilt or innocence of the accused as to the...

§22-1141.21. Recalling warrant - New warrant. - The Governor may recall his warrant of arrest or may...

§22-1141.22. Warrant to agent to receive person demanded. - Whenever the Governor of this state shall demand a person...

§22-1141.23. Application to Governor by prosecuting attorney for requisition. - When the return to this state of a person charged...

§22-1141.24. Immunity from civil process. - A person brought into this state by, or after waiver...

§22-1141.25. Waiver of proceedings and consent to return to demanding state. - Any person arrested in this state charged with having committed...

§22-1141.26. Rights of state not deemed waived. - Nothing in this act contained shall be deemed to constitute...

§22-1141.27. Trial for other offenses than that specified. - After a person has been brought back to this state...

§22-1141.28. Uniformity of construction. - The provisions of this act shall be so interpreted and...

§22-1141.29. Partial invalidity. - If any provision of this act or the application thereof...

§22-1141.30. Short title. - This act may be cited as the Uniform Criminal Extradition...

§22-1145.1. Short title. - This act shall be known and cited as "The Uniform...

§22-1145.2. Purpose of act. - The purpose of this act is to allow the activities...

§22-1145.3. Definitions. - In this act, unless the context requires otherwise: 1. "Asylum...

§22-1145.4. Disposal of criminal charge at request of defendant. - On request of the defendant and consent of the prosecuting...

§22-1145.5. Relief available - Effect of judgment - Act as supplemental. - All relief available in the courts of the demanding state...

§22-1145.6. Procedures, rules and regulations. - A. A defendant arrested or held in a state or...

§22-1151. Habeas corpus for person to testify or be surrendered on bail. - The Supreme Court, and Criminal Court of Appeals and district...

§22-1161. Acts committed by persons in a state of mental illness or defect - Sentencing - Appeal - Examination – Treatment. - A. 1. An act committed by a person in a...

§22-1162. Jury to try sanity. - When an indictment or information is called for trial, or...

§22-1163. Sanity hearing - Criminal trial to be suspended. - The trial of the cause or the pronouncing the judgment,...

§22-1164. Order of trial of sanity. - The trial of the question of insanity must proceed in...

§22-1165. Rules governing sanity trial. - The provisions of the article on trials, in respect to...

§22-1166. Sanity hearing - Trial or judgment to proceed if defendant sane. - If the jury find the defendant sane, the trial of...

§22-1167. Finding of insanity - Suspension of trial or judgment - Commitment to state hospital. - If the jury finds the defendant presently insane, the trial...

§22-1168. Commitment in sanity hearing exonerates bail. - The commitment of the defendant as mentioned in the last...

§22-1169. Restoration to sanity. - When the defendant becomes sane the sheriff must thereupon, without...

§22-1170. Expense of keeping insane defendant. - The expenses of keeping the defendant are in the first...

§22-1175.1. Definitions. - As used in Sections 1175.1 through 1176 of this title:...

§22-1175.2. Application for determination of competency - Service - Notice - Suspension of criminal proceedings. - A. No person shall be subject to any criminal procedures...

§22-1175.3. Hearing - Date - Evidence - Orders - Examination of accused - Instructions to physician. - A. Upon filing of an application for determination of competency,...

§22-1175.4. Post-examination competency hearing - Evidence - Presumptions - Jury trial - Presence of accused - Witnesses - Instructions. - A. A hearing to determine the competency of the person...

§22-1175.5. Questions to be answered in determining competency. - The jury or the court, as the case may be,...

§22-1175.6. Disposition orders - Placement in secure ward. - Upon the finding by the jury or the court as...

§22-1175.6a. Person capable of achieving competence within reasonable time - Suspension of criminal proceedings - Civil commitment. - A. If the person is found to be incompetent prior...

§22-1175.6b. Incompetence due to intellectual disability - Suspension of criminal proceedings - Placement - Conditional release. - A. If the person is found to be incompetent primarily...

§22-1175.6c. Person incompetent for reasons other than needed treatment or due to intellectual disability - Dangerous to self or others - Placement. - A. If the person is found to be incompetent for...

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

§22-1175.8. Resumption of competency. - If the medical supervisor reports that the person appears to...

§22-1176. Raising issue of mental illness or insanity at time of offense. - A. If the defendant intends to raise the question of...

§22-1181. Causes for removal of officers. - Any officer not subject to impeachment elected or appointed to...

§22-1181.1. Removal for acts of commission, omission, neglect. - All elective officers in the State of Oklahoma, including elective...

§22-1181.2. Allegations or charges. - The complaint, petition, accusation or proceeding for removal or ouster...

§22-1182. Accusation by grand jury. - An accusation in writing, charging such officer with any of...

§22-1183. Requisites of accusation. - The accusation must state the offense charged, in ordinary and...

§22-1184. Proceedings on accusation. - After receiving the accusation, the judge to whom it is...

§22-1185. Defendant to appear. - The defendant must appear at the time appointed in the...

§22-1186. Requisites of answer. - The defendant may answer the accusation either by objecting to...

§22-1187. Objection to accusation. - If he object to the legal sufficiency of the accusation...

§22-1188. Denial of accusation. - If he deny the truth of the accusation the denial...

§22-1189. Defendant to answer, when. - If an objection to the sufficiency of the accusation be...

§22-1190. Judgment of conviction or trial. - If the defendant plead guilty, or refuse to answer the...

§22-1191. Method of trial. - The trial must be by jury and conducted in all...

§22-1192. Removal if convicted. - Upon a conviction, the court must pronounce judgment, that the...

§22-1193. Accusation against district attorney. - In case an accusation is presented against the district attorney,...

§22-1194. County commissioners or judge and treasurer may present accusation, when - Proceedings. - The board of county commissioners may, in the case of...

§22-1195. Suspension from office - Time for trial - Change of judge or venue - Continuances - Filling vacancy temporarily - Voluntary suspension of county officers. - (1) When the complaint for removal is filed, if, in...

§22-1196. Judgment of removal. - The question of fact shall be tried as in other...

§22-1197. Members of legislature not affected. - This article shall not apply to the manner of removing...

§22-1221. Search warrant defined. - A. A search warrant is an order in writing, in...

§22-1222. Grounds for issuance of search warrant - Seizure of property. - A search warrant may be issued and property seized upon...

§22-1223. Probable cause must be shown. - A search warrant shall not be issued except upon probable...

§22-1223.1. Electronically recorded oral statement - Transcription. - A magistrate may take an oral statement under oath which...

§22-1224.1. Oral testimony supplemental to affidavit. - Before issuing a search warrant the judge may take oral...

§22-1224.2. Filing and indexing of documents. - In the event the search warrant is executed, then the...

§22-1225. Requisites of search warrant - Issuing magistrate. - A. If a magistrate be thereupon satisfied of the existence...

§22-1226. Form of search warrant. - The warrant must be in substantially the following form: County...

§22-1227. Service of search warrant. - A search warrant may in all cases be served by...

§22-1228. Execution of search warrant without warning or notice – Forced entry – Exigent circumstances. - A peace officer may break open an outer or inner...

§22-1229. Execution of search warrant - Liberating person detained. - He may break open any outer or inner door or...

§22-1230. When search warrant may be served. - Search warrants for occupied dwellings shall be served between the...

§22-1231. Search warrant void after ten days – Forensic, scientific, or digital analysis exception. - A search warrant must be executed and returned to the...

§22-1232. Disposition of property recovered. - When the property is delivered to the magistrate, he must,...

§22-1233. Return of search warrant. - Any peace officer who executes a search warrant must forthwith...

§22-1234. Inventory to be furnished, when. - The magistrate must thereupon, if required, deliver a copy of...

§22-1235. Hearing on issuance of warrant. - If the grounds on which the warrant was issued be...

§22-1236. Testimony on hearing for warrant. - The testimony given by each witness must be reduced to...

§22-1237. Restoration of property to person searched. - If it appears that the property taken is not the...

§22-1238. Papers returned to district court. - The magistrate must annex together the depositions, the search warrant...

§22-1239. Procuring search warrant without cause. - A person who maliciously and without probable cause procures a...

§22-1240. Officer exceeding his authority. - A peace officer in executing a search warrant, who willfully...

§22-1241. Search of defendant for weapons or evidence. - When a person charged with a felony is supposed by...

§22-1261. Seized property - Report and disposition. - In all cases where wines, whiskey, beer or other intoxicating...

§22-1262. Seized property - Officer guilty of penalty, when. - Any officer failing to comply with Section One of this...

§22-1263. Penalty for sale of seized liquor by officer. - Any officer who shall sell, barter, give away, or otherwise...

§22-1264. False affidavit by officer - Penalty. - Any officer willfully making a false affidavit, as provided in...

§22-1272. Affidavits or depositions need not be entitled. - It is not necessary to entitle an affidavit, or deposition...

§22-1273. Informalities or errors not fatal if not prejudicial. - Neither a departure from the form or mode prescribed in...

§22-1274. Informer to pay costs, when. - If any informer, under a penal statute, to whom the...

§22-1275. Clerk to keep record of indictments, informations and bonds. - The clerk of the district court shall keep a record...

§22-1276. Record of indictments, informations and bonds not public. - The record provided for in the preceding section shall be...

§22-1277. Prosecutions of offenses committed by inmates of penal institutions - Habeas corpus - Costs, expenses, fees. - A. The Department of Corrections shall pay a fee as...

§22-1278. Interpreters for deaf mutes - Appointment - Oath - Compensation. - (a) In all criminal prosecutions, where the accused is a...

§22-1301. Information against corporation - Summons. - Upon an information against a corporation, the magistrate may issue...

§22-1302. Form of summons. - The summons must be in substantially the following form: County...

§22-1303. Service of summons. - The summons must be served at least five (5) days...

§22-1304. Examination of charge. - At the time appointed in the summons, the magistrate must...

§22-1305. Certificate of magistrate after hearing. - After hearing the proofs the magistrate must certify upon the...

§22-1306. Certificate of sufficient cause - Proceedings by grand jury or district attorney. - If the magistrate return a certificate that there is sufficient...

§22-1307. Appearance and plea by corporation. - If an indictment or information be filed, the corporation may...

§22-1308. Conviction of corporation - Fine collected, how. - When a fine is imposed upon a corporation, on conviction...

§22-1321. Custody and return of stolen or embezzled property. - A. It is the intent of the Legislature that any...

§22-1322. Stolen property - Magistrate to order delivery, when. - On satisfactory proof of title to the property, the magistrate...

§22-1323. Magistrate to deliver stolen property, when. - If the property stolen or embezzled come into the custody...

§22-1324. Trial court may deliver stolen property. - If property stolen or embezzled have not been delivered to...

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

§22-1326. Receipts for property taken from defendant. - When money or other property is taken from a defendant...

§22-1327. Disposition of exhibits. - A. All exhibits which have been introduced, filed, or held...

§22-1331. Reward for arrest of horse thief. - If any person shall arrest or directly and immediately cause...

§22-1333. Clerk's fees. - The clerk furnishing such transcript shall be allowed the same...

§22-1334. Littering upon highways or dumping trash on public or private property - Rewards - Claims. - A. The boards of county commissioners of counties and the...

§22-1341. Definitions. - As used in this section: (1) "Merchant", means any corporation,...

§22-1342. Peace officers - Arrest without warrant. - Any peace officer may arrest without warrant any person he...

§22-1343. Detention of suspect - Purposes. - Any merchant, his agent or employee, who has reasonable grounds...

§22-1344. Concealing unpurchased merchandise - Presumption. - Any person concealing unpurchased merchandise of any mercantile establishment, either...

§22-1345. Citation. - This act may be known and cited as the "Interstate...

§22-1346. Appropriate court - Definition. - As used in this act, "appropriate court", with respect to...

§22-1347. Interstate Agreement on Detainers. - The Interstate Agreement on Detainers is hereby enacted into law...

§22-1348. Enforcement of agreement. - All courts, departments, agencies, officers and employees of the United...

§22-1349. Central administrator and information agent. - The Governor shall designate an appropriate state officer or employee...

§22-1355. Short title - Creation of System. - A. Sections 1355 through 1369 of this title shall be...

§22-1355.1. Oklahoma Indigent Defense System Board. - There is hereby created the Oklahoma Indigent Defense System Board....

§22-1355.2. Definitions. - A. As used in the Indigent Defense Act: 1. "Board"...

§22-1355.3. Board - Powers and duties. - A. The Board shall have the following powers and duties:...

§22-1355.4. Executive Director. - A. The chief executive officer of the Oklahoma Indigent Defense...

§22-1355.6. Responsibility of System to indigent defendant. - A. The Indigent Defense System shall have the responsibility of...

§22-1355.7. Conflicts of interest - Appointment of private attorney. - A. If the Executive Director determines that a conflict of...

§22-1355.8. Award of contracts - Compensation - Appointment of attorneys for indigents not entitled to representation by the System. - A. In addition to the methods of providing counsel set...

§22-1355.9. Main office and satellite offices. - The Board shall establish one main office and as many...

§22-1355.13. Death penalty cases - Compensation of court-appointed attorneys. - A. In every case in which the defendant is subject...

§22-1355.13A. Death penalty cases - Compensation of attorneys appointed prior to July 1, 1991. - In any case wherein a defendant was subject to the...

§22-1355.14. Payment of costs of representation - Fee schedule. - A. At the time of pronouncing the judgment and sentence...

§22-1355.15. Contempt citations - Payment of reasonable court costs. - The System shall not approve payment of any claims for...

§22-1355A. Application for representation by the System. - A. When an indigent requests representation by the Oklahoma Indigent...

§22-1356. Appeals and post-conviction proceedings. - A. The System shall perfect all direct appeals and capital...

§22-1358. Reassignment of cases. - If the Executive Director determines that a conflict exists after...

§22-1360. Postconviction proceedings - Representation. - A. The System shall represent indigents in proceedings for postconviction...

§22-1362. Transmission of records. - The district court clerks for each county shall transmit one...

§22-1363. Filing of jurisdictional documents. - It shall be the responsibility of the trial counsel to...

§22-1364. Notice - Appointment to perfect appeal - Transfer of documents. - It shall be the responsibility of the appropriate judge of...

§22-1365. Costs and fees. - All necessary transcript costs and court fees required for perfecting...

§22-1366. Time period for appointment of counsel. - The appointment of counsel pursuant to the provisions of the...

§22-1367. Volunteers - Liability for professional services. - Any member of the Oklahoma Bar Association who volunteers professional...

§22-1368. Indigent Defense System Revolving Fund. - There is hereby created in the State Treasury a revolving...

§22-1369. Contract Retention Revolving Fund. - There is hereby created in the State Treasury a revolving...

§22-1370.1. Forensic Testing Revolving Fund. - There is hereby created in the State Treasury a revolving...

§22-1371. Short title - Program duration. - A. Sections 1 through 3 of this act shall be...

§22-1371.1. DNA Forensic Testing Program purpose - Authority of the Oklahoma Indigent Defense System - Claim priority. - A. A DNA Forensic Testing Program shall be created within...

§22-1371.2. Indigent person may request services of Oklahoma Indigent Defense System DNA Forensic Testing Program. - An indigent person convicted of, and presently incarcerated on, any...

§22-1372. Biological evidence preservation – Definitions. - A. A criminal justice agency having possession or custody of...

§22-1373. Short title - Postconviction DNA Act. - This act shall be known and may be cited as...

§22-1373.1. Definitions. - As used in the Postconviction DNA Act: 1. "Biological material"...

§22-1373.2. Motion requesting testing. - A. Notwithstanding any other provision of law concerning postconviction relief,...

§22-1373.3. Pro se referrals. - The sentencing court, in its discretion, may refer pro se...

§22-1373.4. Hearing - Testing. - A. After the motion requesting forensic DNA testing and subsequent...

§22-1373.5. Results - Relief. - A. If the results of the forensic DNA testing conducted...

§22-1373.6. Agreement to conduct testing. - A. The filing of a motion for postconviction DNA testing...

§22-1373.7. Appeals. - An appeal under the provisions of the Postconviction DNA Act...

§22-1401. Short title. - Sections 1401 through 1419 of this title shall be known...

§22-1402. Definitions. - As used in the Oklahoma Racketeer-Influenced and Corrupt Organizations Act:...

§22-1403. Participation in pattern of racketeering activity or collection of unlawful debt prohibited - Investment of funds prohibited - Conspiracy to violate prohibition - Venue of actions. - A. No person employed by or associated with any enterprise...

§22-1404. Penalties for violating Section 1403 - Persons authorized to institute proceedings. - A. Any person convicted of violating any provision of Section...

§22-1405. Criminal forfeiture procedures. - A. Any person convicted of violating any of the provisions...

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

§22-1407. Action which may be taken by district court after entry of judgment. - Following the entry of a judgment that includes a fine...

§22-1408. Criminal fines and penalties under act not exclusive. - Criminal penalties and fines pursuant to the Oklahoma Racketeer-Influenced and...

§22-1409. Civil proceedings. - A. The Attorney General, any district attorney or any district...

§22-1410. Disposal of forfeited property. - A. Upon approval of the district court, the Attorney General...

§22-1411. Certain proceeds of forfeitures to be deposited with State Treasury to cover cost of investigation and prosecution - Expenditure. - A. The balance of the proceeds of all forfeitures ordered...

§22-1412. Lien notice. - A. At any time after the institution of any civil...

§22-1413. Duties of trustee on filing of lien notice - Liability. - A. A trustee, who acquires actual knowledge that a lien...

§22-1414. Foreign corporations - Applicability of act. - Each foreign corporation doing business in this state that fails...

§22-1415. Investigation of conduct constituting violation of Section 1403 of title. - A. When any person has engaged in, is engaged in,...

§22-1416. Civil action in federal court authorized. - The Attorney General or district attorney may bring an action...

§22-1417. Judicial education and training. - Each judicial district shall select one or more of its...

§22-1418. Audit of monies received by state or local government under act. - Any monies received by any office of state or local...

§22-1419. Construction of act in conformity with federal law. - When the language of the Oklahoma Racketeer-Influenced and Corrupt Organizations...

§22-1514. Purposes and policies of the criminal justice and corrections systems. - The following purposes and policies of the criminal justice and...

§22-1517. Oklahoma State Bureau of Investigation - Duties. - A. The Oklahoma State Bureau of Investigation shall be the...

§22-1518. Oklahoma Criminal Justice Resource Revolving Fund. - There is hereby created in the State Treasury a revolving...

§22-1519. Criminal Justice Computer Assistance Act - Offender Data Information System. - A. This section shall be known and may be cited...

§22-1601. Creation – Powers and duties. - A. There is hereby created the Domestic Violence Fatality Review...

§22-1602. Domestic Violence Fatality Review Board - Administrative assistance from Office of the Attorney General. - A. The Domestic Violence Fatality Review Board shall be composed...

§22-1603. Collection of data relating to victim protective orders. - A. If funds are available, the Office of the Attorney...

§22-2001. Short title - Scope. - Sections 1 and 2 of this act shall be known...

§22-2002. Disclosure of evidence - Continuing duty to disclose - Time of discovery - Regulation of discovery - Reasonable cost of copying, duplicating, and videotaping. - A. Disclosure of Evidence by the State. 1. Upon request...

§22-410. Immaterial informalities to be disregarded. - No indictment or information is insufficient, nor can the trial,...

§22-991av1. Sentencing powers of court - Alcohol and drug assessment and evaluation - Restitution, fines or incarceration - Victim impact statements - Probation and monitoring - DNA samples. - A. Except as otherwise provided in the Elderly and Incapacitated...

§22-991av2. Sentencing powers of court - Alcohol and drug assessment and evaluation - Restitution, fines, or incarceration - Victim impact statements - Probation and monitoring - DNA samples. - A. Except as otherwise provided in the Elderly and Incapacitated...

<< Previous

Next >>

Oklahoma Statutes Title 22. Criminal Procedure

Oklahoma Statutes
Title 22. Criminal Procedure