Criminal procedure; authorizing telephonic or electronic communication of proposed arrest warrants to magistrates; effective date.

An Act
ENROLLED HOUSE
BILL NO. 3269 By: George of the House

and

Gollihare of the Senate

An Act relating to criminal procedure; amending 22
O.S. 2021, Section 171, which relates to issuing
arrest warrants by verified complaints; authorizing
telephonic or electronic communication of proposed
arrest warrants to magistrates; establishing criteria
for communicating telephonically; equating orally
recorded authorizations by magistrates with issuing
arrest warrants; requiring the audio recording,
transcribing and filing of conversations related to
arrest warrants; providing procedures for obtaining
proposed affidavits; and providing an effective date.

SUBJECT: Criminal procedure

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

SECTION 1. AMENDATORY 22 O.S. 2021, Section 171, is
amended to read as follows:

Section 171. A. When a complaint, verified by oath or
affirmation, is laid before a magistrate, of the commission of a
public offense, he must the magistrate shall, if satisfied therefrom
that the offense complained of has been committed, and that there is
reasonable ground to believe that the defendant has committed it,
issue a warrant of arrest.

B. In addition to any other procedure authorized by law, a
proposed arrest warrant may be communicated to the magistrate by
telephone or by electronic mail or any similar electronic
communication which delivers a complete printable image of the
arrest warrant.

ENR. H. B. NO. 3269 Page 2
1. If the proposed arrest warrant is communicated
telephonically, the affiant shall:

a. recite information establishing probable cause to
support issuance of the arrest warrant, and

b. recite the proposed arrest warrant to the magistrate
verbatim and obtain the oral permission of the
magistrate to print the name of the magistrate on the
arrest warrant along with the date and time of the
signature.

The oral recorded authorization of the magistrate to print the name
of the magistrate on the arrest warrant shall constitute issuance of
the arrest warrant under this section. The conversation
establishing probable cause, reciting the contents of the arrest
warrant verbatim, and any authorization to sign by the magistrate,
shall be audio recorded, transcribed, and filed together with the
arrest warrant.

2. If communication of the proposed affidavit is made by
electronic mail or other electronic communication, the affidavit may
contain a notarized acknowledgment, or the affiant may swear to the
affidavit by telephone. A magistrate administering an oath
telephonically shall endorse upon the face of the affidavit the date
and time which the affiant undertook the oath by telephone.

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

ENR. H. B. NO. 3269 Page 3
Passed the House of Representatives the 5th day of March, 2026.

Presiding Officer of the House
of Representatives

Passed the Senate the 28th day of April, 2026.

Presiding Officer of the Senate

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.

_________________________________
Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________