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22 O.S. § 1373.2 Motion requesting testing
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A. Notwithstanding any other provision of law concerning postconviction relief, a person convicted of a violent felony crime or who has received a sentence of twenty-five (25) years or more and who asserts that he or she did not commit such crime may file a motion in the sentenci…
22 O.S. § 1373.3 Pro se referrals
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The sentencing court, in its discretion, may refer pro se requests for DNA testing to qualified parties willing to accept the referrals for further review without appointing the parties as counsel for the convicted person at that time. Such qualified parties may include, but shal…
22 O.S. § 1373.4 Hearing - Testing
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A. After the motion requesting forensic DNA testing and subsequent response have been filed, the sentencing court shall hold a hearing to determine whether DNA forensic testing will be ordered. A court shall order DNA testing only if the court finds: 1. A reasonable probability t…
22 O.S. § 1373.5 Results - Relief
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A. If the results of the forensic DNA testing conducted under the provisions of the Postconviction DNA Act are favorable to the petitioner, the court shall schedule a hearing to determine the appropriate relief to be granted. Based on the results of the testing and any other evid…
22 O.S. § 1373.6 Agreement to conduct testing
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A. The filing of a motion for postconviction DNA testing shall not be required if both the state and the convicted person consent and agree to conduct postconviction DNA testing. B. Notwithstanding any other provision of law governing postconviction relief, if DNA test results ob…
22 O.S. § 1373.7 Appeals
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An appeal under the provisions of the Postconviction DNA Act may be taken in the same manner as any other appeal. Added by Laws 2013, c. 317, § 8, eff. Nov. 1, 2013.
22 O.S. § 1381 District attorney motion to vacate or set aside judgment
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of conviction. Notwithstanding any other provision of law concerning postconviction relief, a district attorney in the jurisdiction in which a person was convicted of an offense may file a motion in the district court to vacate or set aside a judgment of conviction at any time if…
22 O.S. § 14 Former jeopardy
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No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and duly convicted or acquitted, except as hereinafter provided for new trials. R.L.1910, § 5548.
22 O.S. § 1401 Short title
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Sections 1401 through 1419 of this title shall be known and may be cited as the "Oklahoma Racketeer-Influenced and Corrupt Organizations Act". Added by Laws 1988, c. 131, § 1, eff. Nov. 1, 1988. Amended by Laws 2010, c. 456, § 4, eff. Nov. 1, 2010.
22 O.S. § 1402 Definitions
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As used in the Oklahoma Racketeer-Influenced and Corrupt Organizations Act: 1. "Beneficial interest" includes: a. the interest of a person as a beneficiary pursuant to a trust, in which the trustee holds legal title to personal or real property, or b. the interest of a person as …
22 O.S. § 1403 Participation in pattern of racketeering activity or
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collection of unlawful debt prohibited - Investment of funds prohibited - Conspiracy to violate prohibition - Venue of actions. A. No person employed by or associated with any enterprise shall conduct or participate in, directly or indirectly, the affairs of the enterprise throug…
22 O.S. § 1404 Penalties for violating Section 1403 - Persons authorized
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to institute proceedings. A. Any person convicted of violating any provision of Section 1403 of this title shall be guilty of a Class B1 felony offense and shall be punished by a term of imprisonment in the custody of the Department of Corrections of not less than ten (10) years …
22 O.S. § 1405 Criminal forfeiture procedures
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A. Any person convicted of violating any of the provisions of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act shall criminally forfeit to the state, according to the procedures established in subsection B of this section, any real or personal prope…
22 O.S. § 1406 Action which may be taken by district court after filing
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of indictment of information and hearing. After the filing of an indictment or information by the Attorney General or district attorney and after a hearing with respect to which any person who shall be affected has been given thirty (30) days' notice and opportunity to participat…
22 O.S. § 1407 Action which may be taken by district court after entry
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of judgment. Following the entry of a judgment that includes a fine or an order of criminal forfeiture pursuant to the provisions of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act, or both, the district court may enter a restraining order or an injunction, requir…
22 O.S. § 1408 Criminal fines and penalties under act not exclusive
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Criminal penalties and fines pursuant to the Oklahoma Racketeer- Influenced and Corrupt Organizations Act are supplemental and not mutually exclusive, except when so designated, and shall not preclude the application of any other criminal or civil remedy pursuant to any other pro…
22 O.S. § 1409 Civil proceedings
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A. The Attorney General, any district attorney or any district attorney appointed under the provisions of Section 215.9 of Title 19 of the Oklahoma Statutes may institute civil proceedings against any person in an appropriate district court seeking relief from conduct constitutin…
22 O.S. § 1410 Disposal of forfeited property
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A. Upon approval of the district court, the Attorney General or district attorney shall dispose of all property ordered forfeited in any criminal proceeding pursuant to the provisions of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act as soon as feasible, making d…
22 O.S. § 1411 Certain proceeds of forfeitures to be deposited with
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State Treasury to cover cost of investigation and prosecution - Expenditure. A. The balance of the proceeds of all forfeitures ordered pursuant to the provisions of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act shall be transmitted to the State Treasury and depo…
22 O.S. § 1412 Lien notice
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A. At any time after the institution of any civil proceeding or at any time after the filing of an indictment or information pursuant to the provisions of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act, the state may file a lien notice in the official records as …
22 O.S. § 1413 Duties of trustee on filing of lien notice - Liability
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A. A trustee, who acquires actual knowledge that a lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom the trustee holds legal or record title to personal or real property, shall immediately furnish to the Attorney General or distri…
22 O.S. § 1414 Foreign corporations - Applicability of act
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Each foreign corporation doing business in this state that fails to file a report or fails to comply with the provisions of Section 1130 of Title 18 of the Oklahoma Statutes shall be subject to the jurisdiction of the State of Oklahoma for purposes of the Oklahoma Racketeer-Influ…
22 O.S. § 1415 Investigation of conduct constituting violation of
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Section 1403 of title. A. When any person has engaged in, is engaged in, or is attempting or conspiring to engage in any conduct constituting a violation of any of the provisions of Section 1403 of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act, the Attorney Gene…
22 O.S. § 1416 Civil action in federal court authorized
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The Attorney General or district attorney may bring an action on behalf of the state, counties, municipalities, and other political subdivisions organized pursuant to the authority of this state in federal court for civil relief pursuant to any comparable provision of federal law…
22 O.S. § 1417 Judicial education and training
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Each judicial district shall select one or more of its district judges or associate district judges and if deemed necessary may also select one or more special judges to receive specialized education and training in applying the provisions of the Oklahoma Racketeer- Influenced an…
22 O.S. § 1418 Audit of monies received by state or local government
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under act. Any monies received by any office of state or local government under this act shall be subject to an annual audit by the State Auditor and Inspector. Added by Laws 1988, c. 131, § 18, eff. Nov. 1, 1988.
22 O.S. § 1419 Construction of act in conformity with federal law
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When the language of the Oklahoma Racketeer-Influenced and Corrupt Organizations Act is the same or similar to the language of Title 18 U.S.C., Sections 1961 through 1968, the courts of this state in construing the Oklahoma Racketeer-Influenced and Corrupt Organizations Act may f…
22 O.S. § 15 Testimony against one's self - Restraint during trial and
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prior to conviction. No person can be compelled in a criminal action to be witness against himself; nor can a person charged with a public offense be subjected before conviction to any more restraint than is necessary for his detention to answer the charge, and in no event shall …
22 O.S. § 151 Limitations – Murder, first and second degree
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manslaughter. A. There is no limitation of the time within which a prosecution for murder must be commenced. Such prosecution may be commenced at any time after the death of the person killed. B. Prosecutions for the crimes of first degree manslaughter and second degree manslaugh…
22 O.S. § 1514 Purposes and policies of the criminal justice and
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corrections systems. The following purposes and policies of the criminal justice and corrections systems are hereby established: 1. Protection of the public. Incarceration should be viewed by the court both as punishment and as a means of protecting the public. Limitations on the…
22 O.S. § 1517 Oklahoma State Bureau of Investigation - Duties
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A. The Oklahoma State Bureau of Investigation shall be the entity recognized by the Bureau of Justice Statistics as the Statistical Analysis Center. B. In addition to other duties specified by law, the duties of the Oklahoma State Bureau of Investigation shall be to: 1. Provide a…
22 O.S. § 1518 Oklahoma Criminal Justice Resource Revolving Fund
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There is hereby created in the State Treasury a revolving fund for the Oklahoma State Bureau of Investigation to be designated the "Oklahoma Criminal Justice Resource Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist o…
22 O.S. § 1519 Criminal Justice Computer Assistance Act - Offender Data
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Information System. A. This section shall be known and may be cited as the “Criminal Justice Computer Assistance Act”. B. The Oklahoma State Bureau of Investigation is directed to implement and administer a data information system called the “Offender Data Information System”, su…
22 O.S. § 152 See the following versions:
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OS 22-152v1 (HB 3668, Laws 2024, c. 310, § 1) OS 22-152v2 (HB 1935, Laws 2025, c. 115, § 1)
22 O.S. § 152v1 Statute of limitations
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A. Prosecutions for the crimes of bribery, embezzlement of public money, bonds, securities, assets or property of the state or any county, school district, municipality or other subdivision thereof, or of any misappropriation of public money, bonds, securities, assets or property…
22 O.S. § 152v2 Statute of limitations
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A. Prosecutions for the crimes of bribery, embezzlement of public money, bonds, securities, assets or property of the state or any county, school district, municipality or other subdivision thereof, or of any misappropriation of public money, bonds, securities, assets or property…
22 O.S. § 153 Absence from state, limitation does not run
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If when the offense is committed the defendant be out of the state, the prosecution may be commenced within the term herein limited after his coming within the state, and no time during which the defendant is not an inhabitant of or usually resident within the state, is part of t…
22 O.S. § 1601 Creation – Powers and duties
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A. There is hereby created the Domestic Violence Fatality Review Board within the Office of the Attorney General. The Board shall have the power and duty to: 1. Coordinate and integrate state and local efforts to address fatal domestic violence and create a body of information to…
22 O.S. § 1602 Domestic Violence Fatality Review Board - Administrative
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assistance from Office of the Attorney General. A. The Domestic Violence Fatality Review Board shall be composed of twenty-one (21) members, or their designees, as follows: 1. Nine of the members shall be: a. the Chief Medical Examiner, b. a designee of the Attorney General. The …
22 O.S. § 1603 Collection of data relating to victim protective orders
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A. If funds are available, the Office of the Attorney General annually shall collect data on the number of victim protective orders issued in each county and the number of violations of victim protective orders in each county. B. The Office of the Attorney General shall provide t…
22 O.S. § 161 Magistrate defined
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A magistrate is an officer having power to issue a warrant for the arrest of a person charged with a public offense. R.L.1910, § 5627.
22 O.S. § 162 Who are magistrates
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The following persons are magistrates: First. Justices of the Supreme Court. Second. Judges of the Court of Criminal Appeals. Third. Judges of the Court of Appeals. Fourth. Judges of the district court, including associate district judges and special judges. R.L.1910, § 5628; Law…
22 O.S. § 17 Custody and distribution of proceeds from sale of rights
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arising from criminal act. A. Every person who has been charged, convicted, has pled guilty or has pled nolo contendere to any crime, hereinafter referred to as the defendant, or any other person with the cooperation of the defendant, who contracts to receive, or have any other p…
22 O.S. § 171 Complaint - Issuance of warrant of arrest
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When a complaint, verified by oath or affirmation, is laid before a magistrate, of the commission of a public offense, he must, if satisfied therefrom that the offense complained of has been committed, and that there is reasonable ground to believe that the defendant has committe…
22 O.S. § 171.1 Arrest warrant for escaped prisoner
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A. Any warden, superintendent or district supervisor within the Department of Corrections may make application to a judge for an arrest warrant upon any prisoner escaping from custody or confinement in an institution or facility of the Department of Corrections or from house arre…
22 O.S. § 171.2 Determination of citizenship status of persons confined
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in jail - Verification of status - Presumption of flight risk. A. When a person charged with a felony or with driving under the influence pursuant to Section 11-902 of Title 47 of the Oklahoma Statutes is confined, for any period, in the jail of the county, any municipality or a …
22 O.S. § 171.3 Custody of persons subject to immigration detainer
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request. A. A law enforcement agency that has custody of a person who is subject to an immigration detainer request issued by the United States Immigration and Customs Enforcement shall: 1. Comply with, honor and fulfill any request made in the immigration detainer request provid…
22 O.S. § 172 Form of warrant
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A warrant of arrest is an order in writing, in the name of the state, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form: County of ______________ The State of Oklahoma To any sheriff, constable, marshal or policeman in …
22 O.S. § 173 Requisites of warrant
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The warrant must specify the name of the defendant, or, if it is unknown to the magistrate, the defendant may be designated therein by any name. It must also state an offense in respect to which the magistrate has authority to issue the warrant, and the time of issuing it, and th…
22 O.S. § 174 Warrant directed to whom
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The warrant must be directed to and executed by a peace officer. R.L.1910, § 5632. R.L.1910, § 5632.