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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 44 By: Hicks of the Senate
and
Strom of the House
An Act relating to criminal procedure; amending 22
O.S. 2011, Section 209, which relates to failure to
appear; requiring dismissal of charges and warrant
for failure to appear upon certain showing; updating
outline; making language gender neutral; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 209, is
amended to read as follows:
Section 209. (1) A. A law enforcement officer who has arrested
a person on a misdemeanor charge or violation of city ordinance,
without a warrant, may issue a citation to such person to appear in
court.
(2) B. In issuing a citation hereunder the officer shall
proceed as follows:
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(a) He 1. The officer shall prepare a written citation to
appear in court, containing the name and add ress of the cited person
and the offense charged, and stating when the person shall appear in
court. Unless the person requests an earlier date, the time
specified in the citation to appear shall be at least five (5) days
after the issuance of the citatio n.
(b) 2. One copy of the citation to appear shall be delivered to
the person cited, and such person shall sign a duplicate written
citation which shall be retained by the officer.
(c) 3. The officer shall thereupon release the cited person
from any custody.
(d) 4. As soon as practicable, the officer shall file one copy
of the citation with the court specified therein and shall deliver
one copy to the prosecuting attorney.
(3) C. In any case in which the judicial officer finds
sufficient grounds for iss uing a warrant, he or she may issue a
summons commanding the defendant to appear in lieu of a warrant.
(4) D. If a person summoned fails to appear in response to the
summons, a warrant for his or her arrest shall issue, and any person
who willfully fails to appear in response to a summons is guilty of
a misdemeanor; provided, however, any charges or warrant for failure
to appear shall be dismissed if the person can show the court that
the person was incarcerated or otherwise detained by law enforcement
at the time of the failure to appear .
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SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 04/01/2021 - DO PASS.