§ 29-9-112. Oklahoma Wildlife Conservation Code – Violations - Bail.

A.  Except as otherwise provided by law, any person arrested for a violation of any section of the Oklahoma Wildlife Conservation Code shall be admitted to bail as follows:

1.  Whenever a person is charged for any violation of any of the wildlife laws of this state or rules adopted by the Wildlife Conservation Commission pursuant to law, which violation is punishable as a misdemeanor and the person is not immediately taken into physical custody pursuant to state law, the officer shall prepare a written citation containing a notice to appear in court, the name and address of the person, the offense charged, the time and place where the person shall appear in court and any other pertinent information as may be necessary;

2.  The arresting officer shall indicate on the citation the date of the arraignment.  The person charged shall appear in person or by counsel at the stated time and place for arraignment;

3.  The place specified in the citation for the arraignment shall be before a judge of the district court within the county in which the offense is alleged to have been committed and which has jurisdiction of the offense; and

4.  Except as otherwise provided by law, the person charged with the violation shall agree to appear in court by signing at least one copy of the written citation prepared by the arresting officer.  After signing, the officer shall deliver a copy of the citation to the person.  The officer shall not take the person into physical custody for the violation if:

a.the arrested person is:

(1)a resident, or

(2)a nonresident of another state within the United States which is a participant in the Interstate Wildlife Violator Compact or any party within the jurisdiction of the Interstate Wildlife Violator Compact,

b.the arresting officer is satisfied as to the identity of the arrested person and certifies the date and time and the location of the violation,

c.the arrested person acknowledges the written promise to appear in court as provided for on the citation, and

d.the violation does not constitute:

(1)hunting or fishing while the hunting or fishing license is under suspension, revocation, denial or cancellation, or

(2)an arrest based upon an outstanding warrant.

B.  A person charged with a violation listed in divisions (1) and (2) of subparagraph d of paragraph 4 of subsection A of this section shall be taken into custody and required to appear before the court.

C.  Except for any person charged with a violation requiring restitution as set forth in Section 7-207 of this title or listed in divisions (1) and (2) of subparagraph d of paragraph 4 of subsection A of this section or other applicable law, upon approval of the district court, the person charged may submit payment to the court in the amount of the minimum bond as prescribed by law for a violation for which the person is charged if the violation carries a minimum fine of Fifty Dollars ($50.00) or less and sign a plea of guilty or nolo contendere on the back of the citation, 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.  A person charged who elects to follow the procedure authorized in this subsection shall not be required to appear for arraignment.

D.  All persons charged with a violation requiring restitution as set forth in Section 7-207 of this title shall be required to appear before the court.

E.  If the form of a wildlife citation includes information required by law and is signed by the preparing officer, the citation, when filed with a court having jurisdiction, shall be deemed to be a lawful complaint for the purpose of prosecution under law.

Added by Laws 2011, c. 178, § 2.  Amended by Laws 2013, c. 13, § 2, eff. Nov. 1, 2013; Laws 2013, c. 61, § 2, eff. Nov. 1, 2013.