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ENGROSSED SENATE
BILL NO. 44 By: Hicks of the Senate
and
Strom of the House
An Act relating to criminal procedure; amendin g 22
O.S. 2011, Section 209, which relate s to failure to
appear; requiring dismis sal 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 THE STATE OF OKLAHO MA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 2 09, 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 a ppear in
court.
(2) B. In issuing a citation hereunder the officer shall
proceed as follows:
(a) He 1. The officer shall prepare a written citation to
appear in court, contai ning the name and address of the cited person
and the offense charged, and stat ing when the person shall appear in
court. Unless the person requests an earlier date, the time
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specified in the citation to appear shall be at least five (5) days
after the issuance of the citation.
(b) 2. One copy of the citation to appear shall be del ivered 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 fil e 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 issuing a warrant, h e or she may issue a
summons commanding t he defendant to appear in lieu o f 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 e nforcement
at the time of the failure to appear.
SECTION 2. This act shall become effective November 1, 2021.
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Passed the Senate the 1st day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives