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An Act
ENROLLED HOUSE
BILL NO. 3497 By: Duel of the House
and
Gollihare of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 1053, as amended by Section 2,
Chapter 209, O.S.L. 2022 (22 O.S. Supp. 2025, Section
1053), which relates to appeals taken by the state or
municipality; providing clarification for certain
cases taken up on appeal; 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 1053, as
amended by Section 2, Chapter 209, O.S.L. 2022 (22 O.S. Supp. 2025,
Section 1053), is amended to read as follows:
Section 1053. Appeals to the Court of Criminal Appeals may be
taken by the state or a municipality in the following cases only:
1. Upon judgment for the defendant on quashing or setting aside
an indictment or information;
2. Upon an order of the court arresting the judgment;
3. Upon a question reserved by the state or a municipality;
4. Upon judgment for the defendant on a motion to quash for
insufficient evidence in a felony matter;
5. Upon a final pretrial order, decision, or judgment:
ENR. H. B. NO. 3497 Page 2
a. suppressing evidence on constitutional grounds, or
b. excluding evidence on any other grounds,
where appellate review of the issue would be in the best interests
of justice;
6. Upon a final pretrial order, decision or judgment:
a. suppressing evidence on constitutional grounds, or
b. excluding evidence on any other grounds,
in cases alleging a violation of any of the provisions of Section
13.1 of Title 21 of the Oklahoma Statutes; and
7. Upon an order, decision or judgment finding that a defendant
is immune from or not subject to criminal prosecution.
Priority shall be given to appeals taken pursuant to paragraph
5, 6, or 7 of this section, and an order staying proceedings shall
be entered pending the outcome of the appeal.
SECTION 2. This act shall become effective November 1, 2026.
ENR. H. B. NO. 3497 Page 3
Passed the House of Representatives the 25th 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: _________________________________