§ 1115.1A. Release on personal recognizance for traffic violation--Arraignment--Plea--Failure t...
Oklahoma Statutes AnnotatedTitle 22. Criminal ProcedureEffective: July 1, 2023
Effective: July 1, 2023
22 Okl.St.Ann. § 1115.1A
§ 1115.1A. Release on personal recognizance for traffic violation--Arraignment--Plea--Failure to plead or appear
A. In addition to other provisions of law for posting bail, any person, whether a resident of this state or a nonresident, who is arrested by a law enforcement officer solely for a misdemeanor violation of a state traffic law or municipal traffic ordinance, shall be released by the arresting officer upon personal recognizance if:
1. The arrested person has been issued a valid license to operate a motor vehicle by this state, another state jurisdiction within the United States, which is a participant in the Nonresident Violator Compact1 or any party jurisdiction of the Nonresident Violator Compact;
after which, the arresting officer shall then release the person upon personal recognizance based upon the acknowledged promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance based upon an acknowledged promise to appear, as evidenced by the electronic signature of the person, for arraignment is conditional and that failure to timely appear for arraignment shall result in the suspension of the driving privilege and driver license of the arrested person in this state, or in the home state of the nonresident pursuant to the Nonresident Violator Compact.
C. The court, or the court clerk as directed by the court, may continue or reschedule the date and time of arraignment at the discretion of the court or upon request of the arrested person or the attorney for that person. If the arraignment is continued or rescheduled, the arrested person shall remain on personal recognizance and acknowledged promise to appear until such arraignment, in the same manner and with the same consequences as if the continued or rescheduled arraignment was entered on the citation by the arresting officer and electronically signed by the defendant. An arraignment may be continued or rescheduled more than one time. Provided, however, the court shall require an arraignment to be had within a reasonable time. It shall remain the duty of the defendant to appear for arraignment unless the citation is satisfied as provided for in subsection D of this section.
D. A defendant released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before the defendant is required to appear for arraignment by indicating such plea on the copy of the citation furnished to the defendant or on a legible copy, together with the date of the plea and signature of the defendant, or such plea may be entered by the defendant using an electronic method provided by the court for such purposes, either through the website of the court or otherwise. The defendant shall be responsible for assuring full payment of the fine and costs to the appropriate court clerk. Payment of the fine and costs may be made by personal, cashier's, traveler's, certified or guaranteed bank check, postal or commercial money order, or other form of payment approved by the court in an amount prescribed as bail for the offense. Provided, however, the defendant shall not use currency for payment by mail. Payment of the fine and costs which is not accompanied by a written plea of guilty or nolo contendere shall constitute a plea of nolo contendere entered by the defendant as allowed by law, and shall function as a written, dated and signed citation form acceptable to the court. A plea of guilty or nolo contendere as provided for in this subsection shall be accepted by the court and the amount of the fine and costs shall be:
E. 1. If, pursuant to the provisions of subsection D of this section, the defendant does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment, the court may issue a warrant for the arrest of the defendant. The municipal or district court clerk, within one hundred twenty (120) calendar days from the date the citation was issued by the arresting officer, shall notify Service Oklahoma that:
Additionally, the court clerk shall request Service Oklahoma to either suspend the driving privilege and driver license of the defendant to operate a motor vehicle in this state, or notify the home state of the defendant and request suspension of the driving privilege and driver license of the defendant in accordance with the provisions of the Nonresident Violator Compact. The notice and request shall be on a form approved or furnished by Service Oklahoma.
G. The municipal or district court clerk shall maintain a record of each request for driving privilege and driver license suspension submitted to Service Oklahoma pursuant to the provisions of this section. When the court or court clerk receives appropriate bail or payment of the fine and costs, settles the citation, makes other arrangements with the defendant, or otherwise closes the case, the court clerk shall furnish proof thereof to the defendant, if the defendant personally appears, or shall mail such proof by first-class mail, postage prepaid, to the defendant at the address noted on the citation or at such other address as is furnished by the defendant or by email if the defendant has furnished an email address for such purposes. Additionally, the court or court clerk shall notify the home jurisdiction of the defendant as listed on the citation, if such jurisdiction is a member of the Nonresident Violator Compact, and shall, in all other cases, notify Service Oklahoma of the resolution of the case. The form of proof and the procedures for notification shall be approved by Service Oklahoma. Provided however, failure by the court or court clerk to furnish such proof or notice in the manner provided for in this subsection shall in no event create any civil liability upon the court, the court clerk, the State of Oklahoma or any political subdivision thereof, or any state department or agency or any employee thereof but duplicate proof shall be furnished to the person entitled to such proof or notice upon request.
Credits
Laws 2009, c. 84, § 1, eff. Nov. 1, 2009; Laws 2013, c. 13, § 1, eff. Nov. 1, 2013; Laws 2013, c. 61, § 1, eff. Nov. 1, 2013; Laws 2021, c. 20, § 1, eff. Nov. 1, 2021; Laws 2023, c. 310, § 7, eff. July 1, 2023.
Footnotes
Title 47, § 789 et seq.
22 Okl. St. Ann. § 1115.1A, OK ST T. 22 § 1115.1A
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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