Oklahoma § 22-1114.3 - Traffic citation - Delivery of complaint information

§ 22-1114.3. Traffic citation - Delivery of complaint information

and abstract of court record - Citation as information.

A. Upon issuing a traffic citation required to be filed in

district court, the arresting officer or the law enforcement agency

employing the arresting officer shall deliver or forward the

“Complaint Information” and “Abstract of Court Record” parts 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

Oklahoma Statutes - Title 22. Criminal Procedure

and file the “Complaint Information” with the district court clerk;

or

2. If the officer has issued a citation which could result in

the district attorney filing an information, to the district

attorney who shall endorse or decline and file both parts of the

citation with the district court clerk.

B. Upon receipt of a traffic 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,

as provided in Section 18-101 of Title 47 of the Oklahoma Statutes.

The “Abstract of Court Record” copy 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” copy of a

citation by electronic means to the Department of Public Safety

shall be in a manner and format as approved by the Department, and

shall include the information required by Section 18-101 of Title 47

of the Oklahoma Statutes.

E. A traffic citation that is certified by the arresting

officer, the complainant, the district attorney, or the assistant

district attorney shall constitute an information against the person

arrested and served with the traffic 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.

Added by Laws 1968, c. 185, § 3, eff. Jan. 13, 1969. Amended by

Laws 1968, c. 383, § 4, eff. Jan. 13, 1969; Laws 1969, c. 276, § 2,

emerg. eff. April 25, 1969; Laws 1991, c. 238, § 35, eff. July 1,

1991; Laws 2000, c. 159, § 3, emerg. eff. April 28, 2000; Laws 2006,

c. 204, § 1, eff. Nov. 1, 2006; Laws 2012, c. 278, § 4, eff. Nov. 1,

2012.

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

Abstract of Court Record.

Oklahoma Statutes - Title 22. Criminal Procedure

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”

Oklahoma Statutes - Title 22. Criminal Procedure

endorsement or signature shall be required from any party when using

an approved electronic method.

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.