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Back to HB 3497
Oklahoma Legislature· HB 3497Approved by Governor 05/01/2026

An act relating to criminal procedure, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3497                 By: Duel

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5

6                   AS INTRODUCED

7   An Act relating to criminal procedure; amending 22

    O.S. 2021, Section 1053, as amended by Section 2,

8   Chapter 209, O.S.L. 2022 (22 O.S. Supp. 2025, Section

    1053), which relates to appeals taken by the state or

9   municipality; authorizing appeals to the Court of

    Criminal Appeals after certain ruling; adding

10  statutory reference; and providing an effective date.

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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

14  SECTION 1.      AMENDATORY    22 O.S. 2021, Section 1053, as

15 amended by Section 2, Chapter 209, O.S.L. 2022 (22 O.S. Supp. 2025,

16 Section 1053), is amended to read as follows:

17  Section 1053. Appeals to the Court of Criminal Appeals may be

18 taken by the state or a municipality in the following cases only:

19  1. Upon judgment for the defendant on quashing or setting aside

20 an indictment or information;

21  2. Upon an order of the court arresting the judgment;

22  3. Upon a question reserved by the state or a municipality;

23  4. Upon judgment for the defendant on a motion to quash for

24 insufficient evidence in a felony matter;

    Req. No. 13986                                         Page 1
1   5. Upon a pretrial order, decision, or judgment suppressing or

2 excluding evidence where appellate review of the issue would be in

3 the best interests of justice;

4   6. Upon a pretrial order, decision or, judgment, or ruling in

5 limine suppressing or excluding evidence in cases alleging violation

6 of any provisions of Section 13.1 of Title 21 of the Oklahoma

7 Statutes or Section 571 of Title 57 of the Oklahoma Statutes; and

8   7. Upon an order, decision or judgment finding that a defendant

9 is immune from or not subject to criminal prosecution.

10  Priority shall be given to appeals taken pursuant to paragraph

11 5, 6, or 7 of this section, and an order staying proceedings shall

12 be entered pending the outcome of the appeal.

13  SECTION 2. This act shall become effective November 1, 2026.

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15  60-2-13986      GRS  12/17/25

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    Req. No. 13986                                               Page 2
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