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ENGROSSED HOUSE
BILL NO. 3613 By: Pae of the House
and
Rader of the Senate
[ criminal procedure - time limitation for filing of
an indictment or information – exception –
extensions of time limitation - release on own
recognizance bonds – codification – 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. 1. 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.
2. When an arrested person is held in custody subsequent to an
arrest, an indictment or information s hall be filed by the state
within ten (10) days of the arrest, except if the tenth day is a
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weekend or holiday, in counties with a po pulation of more tha n five
hundred thousand (500,000) as determined by th e latest Federal
Decennial Census.
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.
C. If the information or indictment has not been filed upon 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.
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Passed the House of Representatives the 14th day of March, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2024.
Presiding Officer of the Senate