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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3613 By: Pae
COMMITTEE SUBSTITUTE
An Act relating to criminal procedure; establishing
time limitation for the filing of an indictment or
information; providing an exception; allowing for
extensions of time limitation upon a showing of good
cause; authorizing arrested persons to request
release on own recognizance bonds under certain
circumstances; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 388.1 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. When an arrested person is held in custody subsequent to an
arrest, an indictment or information shall be filed by the State
within five (5) days of the arrest, exc ept if the fifth day is a
weekend or holiday.
B. The State may move the court to extend the five-day period
to file an information or indictment upon a showing of good cause.
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C. If the information or indictment has not been filed up on the
expiration of the five-day period to file an infor mation or
indictment, the arrested person may move the court for release from
custody subject to an own recognizance bond , as provided for in
Section 1108.1 of Title 22 of the Oklahoma Statutes. The expiration
of the time limit to file an information or indictment shall be
prima facie grounds for the release of an arrested person on an own
recognizance bond, subject to the limitations o n release set forth
in subsection E of Section 1108.1 of Title 22 of the Oklahoma
Statutes or as otherwise provided by law .
D. An arrested person may move the court for release on his or
her own recognizance upon the expiration of the period to file an
information or indictment even if the arrested person has already
had bail set by the c ourt, as provided for in Section 1105.2 of
Title 22 of the Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2024.
59-2-10367 GRS 02/21/24