Oklahoma § 22-860.1 - Second or subsequent offenses – Trial procedure

Full text of Oklahoma Oklahoma Statutes § 22-860.1 — Second or subsequent offenses – Trial procedure, with citation guidance and answers to common questions.

§ 22-860.1. Second or subsequent offenses – Trial procedure

In all cases in which the defendant is prosecuted for a second

or subsequent offense, except in those cases in which former

conviction is an element of the offense, the procedure shall be as

follows:

1. The trial shall proceed initially as though the offense

charged was the first offense; when the indictment or information is

read all reference to prior offenses shall be omitted; during the

trial of the case no reference shall be made nor evidence received

of prior offenses except as permitted by the rules of evidence; the

judge shall instruct the jury only on the offense charged; the jury

shall be further instructed to determine only the guilt or innocence

on the offense charged, and that punishment at this time shall not

be determined by the jury; and

2. If the verdict be guilty of the offense charged, that portion

of the indictment or information relating to prior offenses shall be

read to the jury and evidence of prior offenses shall be received.

The court shall then instruct the jury on the law relating to second

and subsequent offenses, and the jury shall then retire to determine

the fact of former conviction, and the punishment, as in other

cases.

Added by Laws 1999, 1st Ex.Sess., c. 5, § 438, eff. July 1, 1999.

Source: official Oklahoma text · Last verified 2026-08-27

Frequently Asked Questions About Oklahoma § 22-860.1

What does Oklahoma Statutes § 22-860.1 cover?

Section 22-860.1 ("Second or subsequent offenses – Trial procedure") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Oklahoma § 22-860.1?

A common citation format is "Oklahoma Statutes § 22-860.1" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 22-860.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.