Oklahoma 2023 Regular Session

Oklahoma House Bill HB2041 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 2041 By: Nichols, Echols, and Hefner
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	3	+	SENATE FLOOR VERSION - HB2041 SFLR Page 1
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	29	+	SENATE FLOOR VERSION
	30	+	April 11, 2023
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	33	+	ENGROSSED HOUSE
	34	+	BILL NO. 2041 By: Nichols, Echols and Hefner
4	35		of the House
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6	36
7	37		and
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9	39		Treat of the Senate
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16	45		An Act relating to criminal procedure; amending 22
17	46		O.S. 2021, Sections 177 and 185, which relate to
18	47		arrests and appearances before magistrates;
19	48		authorizing the issuance of verbal warnings for
20	49		misdemeanor arrest warrants; providing for the
21	50		documentation of verbal warnings; and providing an
22	51		effective date.
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27		-	SUBJECT: Criminal procedure
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29	57		BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
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31	58		SECTION 1. AMENDATORY 22 O.S. 2021, Section 177, is
32	59		amended to read as follows:
33		-
34	60		Section 177. If the offense charged in the warrant be a
35	61		misdemeanor and the d efendant be arrested in another county, the
36	62		officer must, upon being required by the defendant, comes in contact
37	63		with a law enforcement officer in another county, the law
38	64		enforcement officer may :
	65	+	1. Issue a verbal warning about the existence of the warrant
	66	+	and further advise the defendant to contact the clerk of the court
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	68	+	SENATE FLOOR VERSION - HB2041 SFLR Page 2
	69	+	(Bold face denotes Committee Amendments) 1
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	94	+	for the purpose of resolving the outstanding warrant. All verbal
	95	+	warnings shall be documented by the law enforcement officer on a
	96	+	department-issued warning ticket; or
	97	+	2. Arrest the defendant and take him the defendant before a
	98	+	magistrate in that county, or the image of the defendant may be
	99	+	broadcast by closed circuit television to the magistrate , as
	100	+	provided in Section 176 of this title, who must admit the defendant
	101	+	to bail and take bail from him accordingly.
	102	+	SECTION 2. AMENDATORY 22 O.S. 2021, Sectio n 185, is
	103	+	amended to read as follows:
	104	+	Section 185. If the offense charged in the warrant issued,
	105	+	pursuant to the second preceding section is a misdemeanor, the law
	106	+	enforcement officer must upon being requi red by the defendant, take
	107	+	him may:
40	108		1. Issue a verbal warning about the existence of the warrant
41	109		and further advise the defendant to contact the clerk of the court
42	110		for the purpose of resolving the outstanding warrant. All verbal
43	111		warnings shall be documented by the law enforcement officer on a
44	112		department-issued warning ticket; or
45		-	ENR. H. B. NO. 2041 Page 2
46		-	2. Arrest the defendant and take him the defendant before a
47		-	magistrate in that county, or the image of the defendant may be
48		-	broadcast by closed circuit television to the magistrate , as
49		-	provided in Section 176 of this title, who must admit the defendant
50		-	to bail and take bail from him accordingly.
51		-
52		-	SECTION 2. AMENDATORY 22 O.S. 2021, Section 185, is
53		-	amended to read as follows:
54		-
55		-	Section 185. If the offense charged in the warrant issued,
56		-	pursuant to the second preceding section is a misdemeanor, the law
57		-	enforcement officer must upon being requi red by the defendant, take
58		-	him may:
59		-
60		-	1. Issue a verbal warning about the existence of the warrant
61		-	and further advise the defendant to contact the clerk of the court
62		-	for the purpose of resolving the outstanding warrant. All verbal
63		-	warnings shall be documented by the law enforcement officer on a
64		-	department-issued warning ticket; or
65		-
66	113		2. Take the defendant before a magistrate of the county in
67	114		which the warrant was issued, who must admit the defendant to bail,
68	115		and immediately transmit the warrant, complaint, d epositions, if
69	116		any, and undertaking, to the clerk o f the court in which the
70	117		defendant is required to appear.
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72		-	SECTION 3. This act shall become effective November 1, 2023.
73		-	ENR. H. B. NO. 2041 Page 3
74		-	Passed the House of Representatives the 21st day of March, 2023.
	119	+	SENATE FLOOR VERSION - HB2041 SFLR Page 3
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76		-
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78		-
79		-	Presiding Officer of the House
80		-	of Representatives
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83		-	Passed the Senate the 27th day of April, 2023.
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88		-	Presiding Officer of the Senate
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91		-	OFFICE OF THE GOVERNOR
92		-	Received by the Office of the Governor this ____________________
93		-	day of ___________________, 20_____ __, at _______ o'clock _______ M.
94		-	By: _________________________________
95		-	Approved by the Governor of the State of Oklahoma this _____ ____
96		-	day of ___________________, 20_______, at _______ o'clock _______ M.
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99		-	_________________________________
100		-	Governor of the State of Oklahoma
101		-
102		-	OFFICE OF THE SECRETARY OF STATE
103		-	Received by the Office of the Secretary of State this __________
104		-	day of ___________________, 20_______, at _______ o'clock _______ M.
105		-	By: _________________________________
	145	+	SECTION 3. This act shall become effective November 1, 2023
	146	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	147	+	April 11, 2023 - DO PASS