0 chapters · 1,063 sections in this title.
22 O.S. § 320 Challenge to be made before jury is sworn - Exception
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Neither the state, nor a person held to answer a charge for a public offense, can take advantage of any objection to the panel or to an individual grand juror unless it be by challenge, and before the grand jury is sworn, except that after the grand jury is sworn, and before the …
22 O.S. § 321 New grand jury in certain cases
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If the grand jury is discharged by the allowance of a challenge to the whole panel; or if from any cause, in the opinion of the court, another grand jury may become necessary, the court may in its discretion order that another grand jury be summoned. R.L.1910, § 5706.
22 O.S. § 322 Special grand jury
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A grand jury formed and impaneled as to and in a particular case after a challenge or challenges to individual grand jurors have been allowed, shall be sworn to act only in such particular case and as to all other cases at the same term of the court the grand jury shall be formed…
22 O.S. § 323 Court to appoint foreman
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From the persons summoned to serve as grand jurors, and appearing, the court must appoint a foreman. The court must also appoint a foreman when a person already appointed is discharged or excused before the grand jury are dismissed. R.L.1910, § 5708.
22 O.S. § 324 Oath to foreman
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The following oath must be administered to the foreman of the grand jury: You, as foreman of this grand jury, shall diligently inquire into, and true presentment make, of all public offenses against this state, committed or triable within this county (or subdivisions), of which y…
22 O.S. § 325 Oath to other jurors
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The following oath must be immediately thereupon administered to the other grand jurors present: The same oath which your foreman has now taken before you on his part, you and each of you shall well and truly observe on your part. So help you God. R.L.1910, § 5710.
22 O.S. § 326 Charge to grand jury
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The grand jury, being impaneled and sworn, must be charged by the court. In doing so the court must give them such information as it may deem proper as to the nature of their duties, and as to any charges for public offenses returned to the court, or likely to come before the gra…
22 O.S. § 327 Jury to retire
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The grand jury must then retire to a private room and inquire into the offenses cognizable by them. R.L.1910, § 5712.
22 O.S. § 328 Grand jury must appoint clerk
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The grand jury must appoint one of their number as clerk, who must preserve minutes of their proceedings, except of the votes of the individual members, and of the evidence given before them. R.L.1910, § 5713.
22 O.S. § 329 Discharge of grand juror
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A member of the grand jury may for ill health of himself or immediate family, or other cause rendering him unable to serve, be discharged before the term is ended or the labor of the grand jury completed; or, if the judge becomes satisfied that any grand juror is willfully refusi…
22 O.S. § 33 Resistance by other person
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Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. R.L.1910, § 5558.
22 O.S. § 330 Discharge of grand jury
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On the completion of the business before the grand jury, or completion of the statutory time limit for sessions of a grand jury, or whenever the court shall be of the opinion that the public interests will not be subserved by further continuance of the session, the grand jury mus…
22 O.S. § 331 General powers and duties of grand jury
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The grand jury has power to inquire into all public offenses committed or triable in the county or subdivision, and to present them to the court, by indictment or accusation in writing. R.L.1910, § 5716.
22 O.S. § 332 Foreman to swear witness
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The foreman may administer an oath to any witness appearing before the grand jury. R.L.1910, § 5718.
22 O.S. § 333 Evidence before grand jury
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In the investigation of a charge for the purpose of presenting an indictment or accusation, the grand jury may receive the written testimony of the witnesses taken in a preliminary examination of the same charge, and also the sworn testimony prepared by the district attorney with…
22 O.S. § 335 Evidence for the accused - Procuring additional evidence
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The grand jurors, upon request of the accused, shall, and on their own motion may, hear the evidence for the accused. It is their duty to weigh all the evidence submitted to them and when they have reason to believe that there is other evidence, they may order such evidence to be…
22 O.S. § 336 Indictment to be found, when
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The grand jury ought to find an indictment when all the evidence before them, taken together, is such as in their judgment would, if unexplained or uncontradicted, warrant a conviction by the trial jury. R.L.1910, § 5722.
22 O.S. § 337 Members to give evidence
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If a member of the grand jury knows, or has reason to believe, that a public offense has been committed, which is triable in the county or subdivision, he must declare the same to his fellow jurors, who must thereupon investigate the same. R.L.1910, § 5723.
22 O.S. § 338 Subjects for inquiry by grand jury
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The grand jury must inquire: 1. Into the case of every person imprisoned in the jail of the county or subdivision, on a criminal charge, and not indicted. 2. Into the condition and management of the public prisons in the county or subdivision; and, 3. Into the willful and corrupt…
22 O.S. § 339 Access to prisons and records
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They are also entitled to free access at all reasonable times, to public prisons, and to the examination, without charge, of all public records in the county. R.L. 1910, § 5725.
22 O.S. § 34 Intervention by officers
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Public offenses may be prevented by the intervention of the officers of justice: 1. By requiring security to keep the peace. 2. By forming a police in cities and towns, and by requiring their attendance in exposed places. 3. By suppressing riots. R.L.1910, § 5559.
22 O.S. § 34.1 Excessive force by peace officers - Definition
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A. Any peace officer, as defined in Section 648 of Title 21 of the Oklahoma Statutes, who uses excessive force in pursuance of such officer's law enforcement duties shall be subject to the criminal laws of this state to the same degree as any other citizen, if excessive force is …
22 O.S. § 34.2 Policies or guidelines on use of force to be adopted —
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Reporting incidents of excessive force — Contents of report — Failure to report or making materially false statements. A. Each law enforcement entity which employs any peace officer shall adopt policies or guidelines concerning the use of force by peace officers employed by the e…
22 O.S. § 34.3 Racial profiling prohibited
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A. For the purposes of this section, "racial profiling" means the detention, interdiction or other disparate treatment of an individual solely on the basis of the racial or ethnic status of such individual. B. No officer of any municipal, county or state law enforcement agency sh…
22 O.S. § 34.4 Stop or arrest resulting from racial profiling
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Whenever a person who is stopped or arrested believes the stop or arrest was in violation of Section 34.3 of this title, that person may file a complaint with the Attorney General's Office of Civil Rights Enforcement and may also file a complaint with the district attorney for th…
22 O.S. § 34.5 Attorney General's Office of Civil Rights Enforcement to
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establish procedures for filing racial profiling complaint - Annual report of complaints. A. The Attorney General's Office of Civil Rights Enforcement shall promulgate rules establishing procedures for filing a racial profiling complaint with the Attorney General's Office of Civi…
22 O.S. § 340 Advice of court or district attorney – Reproduction or
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disclosure of transcript - Who may be present. A. The grand jury may at all reasonable times ask the advice of the court or of the district attorney. In no event shall the grand jury be advised as to the sufficiency or insufficiency of the evidence necessary to return a true bill…
22 O.S. § 341 Proceedings kept secret
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Every member of the grand jury must keep secret whatever he himself or any other grand juror may have said or in what manner he or any other grand juror may have voted on a matter before them. R.L.1910, § 5727.
22 O.S. § 342 Juror may disclose proceedings, when
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A member of the grand jury may, however, be required by any court to disclose the testimony of a witness examined before the grand jury for the purpose of ascertaining whether it is consistent with that given by the witness before the court, or to disclose the testimony given bef…
22 O.S. § 343 Privilege of grand juror
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A grand juror cannot be questioned for anything he may say, or any vote he may give in the grand jury, relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty in making an accusation or giving testimony to his fellow jurors. R.L…
22 O.S. § 344 Interpreter - Appointment - Compensation
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That upon the request of either the district attorney, or the grand jurors, the district judge who has called a grand jury shall appoint, whenever necessary, an interpreter, and shall swear him to secrecy, not to disclose any testimony or the name of any witness which shall be pr…
22 O.S. § 345 Restrictions on sessions before and after elections
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No grand jury shall be convened or remain in session during a period beginning thirty (30) days before any Primary, Runoff Primary, or General Election, for state or county offices, and ending ten (10) days after such Primary, Runoff Primary, or General Election. Any grand jury i…
22 O.S. § 346 Reports of investigations of public offices or
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institutions. In addition to any indictments or accusations that may be returned, the grand jury, in their discretion, may make formal written reports as to the condition and operation of any public office or public institution investigated by them. No such report shall charge an…
22 O.S. § 35 Persons assisting officers
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When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid, are justified in so doing. R.L.1910, § 5560.
22 O.S. § 350 Multicounty Grand Jury Act - Conflicting provisions
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This act shall be known and may be cited as the "Multicounty Grand Jury Act". All matters not specifically governed by the provisions of the Multicounty Grand Jury Act shall be subject to the provisions governing grand juries. If the provisions of the Multicounty Grand Jury Act c…
22 O.S. § 351 Verified application - Order - Authority of district
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attorney. A. 1. Whenever the Attorney General considers it to be in the public interest to convene a grand jury with jurisdiction extending beyond the boundaries of a single county, he or she shall file a verified application with the Chief Justice of the Supreme Court, or with s…
22 O.S. § 352 Regular term - Extension
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A. The regular term of a multicounty grand jury shall be eighteen (18) months unless an order for discharge is entered earlier: 1. by the court after the multicounty grand jury determines by majority vote that its business is completed; or 2. by the court, on its own motion or on…
22 O.S. § 353 Jurisdiction
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A. The jurisdiction of a multicounty grand jury impaneled under the Multicounty Grand Jury Act shall extend throughout the state, including but not limited to, a single county as designated in the State Supreme Court's order convening the multicounty grand jury. B. The subject ma…
22 O.S. § 354 Powers - Document copies or reproductions
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A. The multicounty grand jury shall have the power to: 1. compel the attendance of witnesses; 2. compel the testimony of witnesses under oath; 3. take testimony of witnesses who have been granted immunity;4. requir 5. obtain the initiation of civil and criminal contempt proceedin…
22 O.S. § 355 Disclosures - Witness right to assistance of counsel
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A. Disclosure of matters occurring before the multicounty grand jury other than its deliberations and the vote of any juror may be used by the Attorney General in the performance of his duties. The Attorney General may disclose so much of the multicounty grand jury's proceedings …
22 O.S. § 356 Jurisdictional limits - Investigations
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Nothing in the Multicounty Grand Jury Act shall be construed to limit the jurisdiction of the county grand juries or district attorneys nor shall an investigation by a multicounty grand jury be preemptive of a previously instituted investigation by another grand jury or agency ha…
22 O.S. § 357 Presentation of evidence - Power to prosecute
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The presentation of evidence to a multicounty grand jury shall be made by the Attorney General or his designee. When an indictment or accusation for removal is returned, the Attorney General, his designee, or the designated district attorney in whose district the case is filed, s…
22 O.S. § 358 Venue - Consolidation of indictment
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A. Any indictment or accusation for removal by a multicounty grand jury shall be returned to the presiding judge without designation of venue. Thereupon, the judge, by order, shall designate the county of venue for the purpose of trial. The judge, by order, may direct the consoli…
22 O.S. § 359 Prospective juror list - Numbers and qualifications
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A. The Administrative Director of the Courts, upon receipt of the State Supreme Court order convening a multicounty grand jury, shall prepare a list of up to two hundred prospective jurors drawn from the current grand jury lists of the several counties designated in the order. B.…
22 O.S. § 36 Civil and criminal immunity for private citizens aiding
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police officers - Federal law enforcement officers. Private citizens aiding a peace officer, or other officers of the law in the performance of their duties as peace officers or officers of the law, shall have the same civil and criminal immunity as a peace officer, as a result o…
22 O.S. § 36.1 Police dog handlers - Civil liability
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Any dog handler as defined by Section 648 of Title 21 of the Oklahoma Statutes who uses a police dog in the line of duty in accordance with the policies or standards established by the law enforcement agency for which he is employed shall not be civilly liable for any damages ari…
22 O.S. § 36.2 National Park Service rangers - Arrest authority and
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immunity from suit. A National Park Service ranger who, in the official capacity as park ranger, is authorized by law to make arrests shall, when making an arrest in this state for a nonfederal offense, have the same legal status and immunity from suit as a state or local law enf…
22 O.S. § 360 Summons for service
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A. The court clerk of the county in which a prospective member of a multicounty grand jury resides, upon receipt from the Administrative Director of the Courts of a list of prospective multicounty grand jurors residing in the county, shall cause such prospective jurors to be summ…
22 O.S. § 361 Foreman
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From the persons selected to serve as multicounty grand jurors, the court shall appoint a foreman. The court shall also appoint a foreman when a person already appointed is discharged or excused before the multicounty grand jury is dismissed. Added by Laws 1987, c. 99, § 12, eff.…
22 O.S. § 362 Costs and expenses
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The costs and expenses incurred by any multicounty grand jury in the performance of its functions and duties shall be paid by the state out of funds appropriated to the Office of the Attorney General. Added by Laws 1987, c. 99, § 13, eff. Nov. 1, 1987.