§ 22-1114.3A — Citations - Delivery of Complaint Information and

Oklahoma § 22-1114.3A

• Jurisdiction: Oklahoma
• Title 22: Criminal Procedure

Text

Abstract of Court Record. A. Upon issuing a citation other than a traffic citation as provided for in Section 1114.3 of this title, that is required to be filed in district court, the arresting Highway Patrol officer or the Department of Public Safety shall deliver or forward the “Complaint Information” or “Abstract of Court Record” of the citation, in electronic or written format: 1. To the district court clerk without the endorsement of the district attorney or an assistant district attorney. It shall be the duty of the district court clerk to deliver the “Complaint Information” to the district attorney who shall endorse or decline and file the “Complaint Information” with the district court clerk; or 2. To the district attorney, if the Highway Patrol officer has issued a citation which could result in the district attorney filing an information. The district attorney shall endorse or decline and file both parts of the citation with the district court clerk. B. Upon receipt of a citation by the district court clerk, the district court clerk shall deliver the original “Complaint Information” to the district attorney. The district court clerk’s office shall maintain the “Abstract of Court Record” part of the citation until the final disposition of the case. C. After final disposition of the case by the district attorney, including a case which is declined, the district court clerk shall clearly mark the “Abstract of Court Record” part of the citation with the disposition information of the case and forward the “Abstract of Court Record” to the Department of Public Safety, in the same manner as for a traffic citation as prescribed in Section 18-101 of Title 47 of the Oklahoma Statutes. The “Abstract of Court Record” part of the citation shall not be obscured by any official stamp of the district court or the district court clerk’s office. D. Forwarding of the “Abstract of Court Record” part of a citation by electronic means to the Department of Public Safety shall be allowable in a manner and format approved by the Department. E. A citation that is certified by the arresting Highway Patrol officer, the district attorney or an assistant district attorney shall constitute an information against the person arrested and served with a citation. F. For purposes of this section, “endorsement by the district attorney” and “filing with the court clerk” may be accomplished by electronic means using any method approved for electronic filing in the courts of this state. Both the “Complaint Information” and “Abstract of Court Record” parts of the citation may be forwarded to, and provided by, the district court clerk in an electronic form. Neither a paper copy of the citation, nor an original “wet ink” endorsement or signature shall be required from any party when using an approved electronic method.

Legislative History

Added by Laws 2003, c. 461, § 2, eff. July 1, 2003. Amended by Laws 2006, c. 204, § 2, eff. Nov. 1, 2006; Laws 2012, c. 278, § 5, eff. Nov. 1, 2012.