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0 chapters · 994 sections in this title.
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.
22 O.S. § 363 Compensation and reimbursement
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Multicounty grand jurors shall be compensated as provided in Section 86 of Title 28 of the Oklahoma Statutes, and shall be reimbursed for necessary expenses on a per diem basis in the same manner and at the same rate as is prescribed by law for state employees. Added by Laws 1987…
22 O.S. § 37 Distinctive uniforms for police officers - Exceptions
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The governing bodies of the state, county, city or town, as the case may be, may furnish distinctive uniforms for all sheriffs, deputy sheriffs, policemen, town marshals, peace officers and other officers, whose duty is to preserve and enforce public peace. When uniforms are furn…
22 O.S. § 37.1 Off-duty law enforcement officers - Powers and duties-
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Liability. An "off-duty" law enforcement officer in official uniform in attendance at a public function, event or assemblage of people shall have the same powers and obligations as when he is "on-duty". Nothing herein shall impose liability upon the governmental entity, by whom t…
22 O.S. § 38 Representation of law enforcement officers by district
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attorney in civil actions resulting from riot activity. A law enforcement officer who has no criminal action taken, pending or contemplated against him for the identical acts as hereinafter set forth shall be entitled to representation by the district attorney of his district or …
22 O.S. § 381 Indictment may be found by nine - Endorsement
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An indictment cannot be found without the concurrence of at least nine grand jurors. When so found it must be endorsed "A True Bill", and the endorsement must be signed by the foreman. R.L.1910, § 5730.
22 O.S. § 382 Charge dismissed, when
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If nine grand jurors do not concur in finding an indictment against a defendant who has been held to answer the original information or the certified record of the proceedings before the magistrate transmitted to them, must be returned to the court, with an endorsement thereon, s…
22 O.S. § 383 Resubmission of charge
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The dismissal of the charge does not, however, prevent its being again submitted to a grand jury as often as the court may so direct. But without such direction it cannot be again submitted. R.L.1910, § 5732.
22 O.S. § 384 Names of witnesses endorsed on indictment
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When an indictment is found, the names of the witnesses examined before the grand jury must be endorsed thereon before the same is presented to the court, but a failure to so endorse the said names shall not be sufficient reason for setting aside the indictment if the district at…
22 O.S. § 385 Presentment and filing of indictment - Prohibition against
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disclosure. An indictment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk, and remain in the clerk's office as a public record. Upon the request of the grand jury's legal advisor, the presiding j…
22 O.S. § 386 Proceedings where defendant at large
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When an indictment is found against a defendant who has not been previously arrested, and is not under bail, the same proceedings must be had as are prescribed against a defendant who fails to appear for arraignment. R.L.1910, § 5735.
22 O.S. § 387 Forms and rules of pleading
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All forms of pleading in criminal actions, and rules by which the sufficiency of pleadings is to be determined are those prescribed by this code. R.L.1910, § 5736.
22 O.S. § 388 Indictment or information is first pleading
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The first pleading on the part of the state is the indictment or information. R.L.1910, § 5737.
22 O.S. § 39 Benefits for citizens who aid
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Any citizen who shall be aiding in the maintaining of law and order shall likewise be entitled to the benefits of this act. Laws 1970, c. 291, § 2, emerg. eff. April 28, 1970.
22 O.S. § 4 Construction of words
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Unless when otherwise provided, words used in this code in the present tense include the future as well as the present. Words used in the masculine comprehend as well the feminine and neuter. The singular number includes the plural, and the plural the singular. And the word perso…
22 O.S. § 40 See the following versions:
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OS 22-40v1 (HB 3936, Laws 2024, c. 59, § 34). OS 22-40v2 (HB 3450, Laws 2024, c. 151, § 8).
22 O.S. § 40.2 Victim protection order - Victims not to be discouraged
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from pressing charges. A. A victim protection order for any victim of rape, forcible sodomy, a sex offense, kidnapping or assault and battery with a deadly weapon shall be substantially similar to a protective order in domestic abuse cases pursuant to the Protection from Domestic…
22 O.S. § 40.3 Emergency temporary order of protection
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A. When the court is not open for business, the victim of domestic violence, stalking, harassment, rape, forcible sodomy, a sex offense, kidnapping or assault and battery with a deadly weapon or member of the immediate family of a victim of first-degree murder may request a petit…
22 O.S. § 40.3A Reporting of rape, sodomy, or sexual assault incidents –
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Referral of victim to services programs – Production of records to law enforcement officers. A. Any physician, surgeon, resident, intern, physician assistant, registered nurse, or any other health care professional examining, attending, or treating the victim of what appears to b…
22 O.S. § 40.5 Short Title
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Sections 2 through 4 of this act shall be known and may be cited as the "Domestic Abuse Reporting Act". Added by Laws 1986, c. 197, § 2, eff. Nov. 1, 1986.
22 O.S. § 40.6 Record of reported incidents of domestic abuse - Reports
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A. It shall be the duty of every law enforcement agency to keep a record of each reported incident of domestic abuse as provided in subsection B of this section and to submit a monthly report of such incidents as provided in subsection C of this section to the Director of the Okl…
22 O.S. § 40.7 Expert testimony - Admissibility
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In an action in a court of this state, if a party offers evidence of domestic abuse, testimony of an expert witness including, but not limited to, the effects of such domestic abuse on the beliefs, behavior and perception of the person being abused shall be admissible as evidence…
22 O.S. § 401 Requisites of indictment or information
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The indictment or information must contain: 1. The title of the action, specifying the name of the court to which the indictment or information is presented, and the names of the parties. 2. A statement of the acts constituting the offense, in ordinary and concise language, and i…
22 O.S. § 402 Indictment or information must be certain and direct
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The indictment or information must be direct and certain as it regards: 1. The party charged. 2. The offense charged. 3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense. R.L.1910, § 5739.
22 O.S. § 403 Designation of defendant by fictitious name
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When a defendant is indicted or prosecuted by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceedings, referring to the fact of his being charged by the name mentioned in the indictment or …
22 O.S. § 404 Single offense to be charged - Different counts
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The indictment or information must charge but one offense, but where the same acts may constitute different offenses, or the proof may be uncertain as to which of two or more offenses the accused may be guilty of, the different offenses may be set forth in separate counts in the …
22 O.S. § 405 Allegation of time
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The precise time at which the offense was committed need not be stated in the indictment or information; but it may be alleged to have been committed at any time before the finding thereof, except where the time is a material ingredient in the offense. R.L.1910, § 5742.
22 O.S. § 406 Misdescription of person injured or intended to be
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injured. When an offense involves the commission of, or an attempt to commit a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be injured, is not material. R.L.1910,…
22 O.S. § 407 Words, how construed
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The words used in an indictment or information must be construed in their usual acceptation, in common language, except words and phrases defined by law, which are to be construed according to their legal meaning. R.L.1910, § 5744.
22 O.S. § 408 Statute not strictly pursued
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Words used in a statute to define a public offense, need not be strictly pursued in the indictment or information; but other words conveying the same meaning may be used. R.L.1910, § 5745.
22 O.S. § 409 Indictment or information, when sufficient
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The indictment or information is sufficient if it can be understood therefrom: 1. That it is entitled in a court having authority to receive it, though the name of the court be not stated. 2. That it was found by a grand jury or presented by the district attorney of the county in…
22 O.S. § 40v1 Definitions
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As used in Sections 40 through 40.3 of this title: 1. "Assault and battery with a deadly weapon" means assault and battery with a deadly weapon or other means likely to produce death or great bodily harm as provided in Section 652 of Title 21 of the Oklahoma Statutes; 2. "Forcibl…
22 O.S. § 40v2 Definitions
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As used in Sections 40 through 40.3 of this title: 1. "Assault and battery with a deadly weapon" means assault and battery with a deadly weapon or other means likely to produce death or great bodily harm as provided in Section 652 of Title 21 of the Oklahoma Statutes; 2. "Forcibl…
22 O.S. § 41 Information of threat
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An information, verified by the oath of the complainant, may be laid before any magistrate, that a person has threatened to commit an offense against the person or property of another. R.L.1910, § 5561.
22 O.S. § 410 Immaterial informalities to be disregarded
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No indictment or information is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in the matter of form which does not tend to the prejudice of the substantial rights of the defendant upon the merits. R.L.19…
22 O.S. § 411 Matters which need not be stated
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Neither presumptions of law, nor matters of which judicial notice is taken, need be stated in an indictment or information. R.L.1910, § 5748.
22 O.S. § 412 Pleading a judgment
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In pleading a judgment or other determination of, or proceeding before a court or officer of special jurisdiction it is not necessary to state the facts conferring jurisdiction; but the judgment or determination may be stated to have been duly given or made. The facts constitutin…
22 O.S. § 413 Pleading private statute
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In pleading a private statute, or a right derived therefrom, it is sufficient to refer to the statute by its title and the day of its passage, and the court must thereupon take judicial notice thereof. R.L. 1910, Sec. 5750.
22 O.S. § 42 Magistrate must issue warrant
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If it appear from the information that there is just reason to fear the commission of the offenses threatened, by the person complained of, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any constable, or marshal, or policeman of the city…
22 O.S. § 421 Arson - Omission or error in designating owner or
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occupant. An omission to designate, or error in designating in indictment for arson, the owner or occupant of a building, shall not prejudice the proceedings thereupon, if it appears that upon the whole description given of the building, it is sufficiently identified to enable th…