1 STATE OF OKLAHOMA
2 1st Session of the 58th Legislature (2021)
3 HOUSE BILL 1757 By: Ranson
4
5
6 AS INTRODUCED
7 An Act relating to criminal procedure; amending 22
O.S. 2011, Section 189, which relates to time
8 limitations for making arrests; authorizing the
arrest of persons under certain circumstances;
9 providing construing provision; and providing an
effective date.
10
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13 SECTION 1. AMENDATORY 22 O.S. 2011, Section 189, is
14 amended to read as follows:
15 Section 189. A. If the offense charged is a felony, the arrest
16 may be made on any day, and at any time of the day or night.
17 B. If it is the offense charged is a misdemeanor, the arrest
18 may be made only during the hours of six o'clock 6:00 a.m. to ten
19 o'clock 10:00 p.m., inclusive, except as otherwise may be directed
20 by the magistrate endorsed upon the warrant. Provided, an arrest on
21 a warrant which charges a misdemeanor offense may be made at any
22 time of the day or night if the defendant is in a public place or,
23 on a public roadway, or at any other place and is contacted by a law
24 enforcement officer during the performance of his or her duties.
Req. No. 6188 Page 1
1 Nothing in this subsection shall be construed to authorize a law
2 enforcement officer to make contact with a defendant at a private
3 residence for the sole purpose of serving a misdemeanor warrant for
4 his or her arrest; provided, however, a defendant may be arrested if
5 contact is made while the law enforcement officer is engaged in the
6 lawful performance of his or her duties.
7 SECTION 2. This act shall become effective November 1, 2021.
8
9 58-1-6188 GRS 01/11/21
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Req. No. 6188 Page 2