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ENGROSSED HOUSE
BILL NO. 2041 By: Nichols, Echols and Hefner
of the House
and
Treat of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2021, Sections 177 and 185, which relate to
arrests and appearances before magistrates;
authorizing the issuance of verbal warnings for
misdemeanor arrest warrants; providing for the
documentation of verbal warnings; and providing an
effective date.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 177, is
amended to read as follows:
Section 177. If the offense charged in the warrant be a
misdemeanor and the d efendant be arrested in another county, the
officer must, upon being required by the defendant, comes in contact
with a law enforcement officer in another county, the law
enforcement officer may :
1. Issue a verbal warning about the existence of the warrant
and further advise the defendant to contact the clerk of the court
for the purpose of resolving the outstanding warrant. All verbal
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warnings shall be documented by the law enforcement officer on a
department-issued warning ticket; or
2. Arrest the defendant and take him the defendant before a
magistrate in that county, or the image of the de fendant may be
broadcast by closed circuit television to the magistrate , as
provided in Section 176 of this title, who must admit the defendant
to bail and take bail from him accordingly.
SECTION 2. AMENDATORY 22 O.S. 2021, Sectio n 185, is
amended to read as follows:
Section 185. If the offense charged in the warrant issued,
pursuant to the second preceding section is a misdemeanor, the law
enforcement officer must upon being requi red by the defendant, take
him may:
1. Issue a verbal warning about the existence of the warrant
and further advise the defendant to contact the clerk of the court
for the purpose of resolving the outstanding warrant. All verbal
warnings shall be documented by the law enforcement officer on a
department-issued warning ticket; or
2. Take the defendant before a magistrate of the county in
which the warrant was issued, who must admit the defendant to bail,
and immediately transmit the warrant, complaint, d epositions, if
any, and undertaking, to the clerk o f the court in which the
defendant is required to appear.
SECTION 3. This act shall become effective November 1, 2023
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Passed the House of Representatives the 21st day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of __________, 2023.
Presiding Officer of the Senate