Oklahoma HB 1934: Criminal procedure; providing time limitations on effectiveness of misdemeanor warrants; effective date.

Bill Text

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STATE OF OKLAHOMA

1st Session of the 57th Legislature (2019)

HOUSE BILL 1934 By: Manger

AS INTRODUCED

An Act relating to criminal procedure; amending 22
O.S. 2011, Section 231, which relates to misdemeanor
arrest warrants; updating language; providing time
limitations on effectiveness of misdemeanor warrants;
requiring inclusion of expiration dates on
misdemeanor warrants; making time limitation
requirements for outstanding misdemeanor warrants
retroactive; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 231, is
amended to read as follows:
Section 231. A. In all misdemeanor cases, before a warrant
shall issue be issued for the arrest of the defendant, the complaint
must be submitted to the district attorney, or drawn by him the
district attorney and indorsed endorsed as follows: "I have
examined the facts in this case and recommend that a warrant do
issue", and then filed with the court. If the action be is brought
without such endorsement the complaining witness must file with the
court a bond to be approved by the court in a sum not less than
Fifty Dollars ($50.00), conditioned to pay all costs, and the county

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shall in no event be liable for any costs incurred in that action,
unless the complaint be first so endorsed by the district attorney.
B. A misdemeanor warrant shall not be effective for an amount
of time greater than the statute of limitations for the underlying
crime pursuant to Section 152 of this title. Every misdemeanor
warrant that is issued shall include a date of expiration; provided,
the date of expiration shall be no longer than three (3) years after
the date of issuance, after which point the misdemeanor warrant
shall no longer be valid. This provision shall be retroactively
applied to all outstanding misdemeanor warrants.
SECTION 2. This act shall become effective November 1, 2019.

57-1-5326 GRS 12/27/18