Okla. Stat. tit. 10A, § 2-5-203
Other Violations - Trial as Adult or Youthful Offender - Multiple Offenses - Concurrent Jurisdiction
Effective Jul 1, 2000Laws 1994, HB 2640, c. 290, § 20, emerg. eff. July 1, 1994; Amended by Laws 1995, HB 1978, c. 352, § 166, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1507.17 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1997, HB 1632, c. 293, § 25, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 2000, HB 2208, c. 373, § 2, emerg. eff. July 1, 2000 (superseded document available).
A.
- 1. A child who is charged with having violated any state statute or municipal ordinance other than as provided in Sections 7306-2.5 and 7306-2.6 of this title shall not be tried in a criminal action as an adult or a youthful offender, but in a juvenile proceeding, unless certified as an adult pursuant to Section 7303-4.3 of this title.
- 2. However, when multiple offenses occur within the same course of conduct within the same county and the person is prosecuted for at least one offense as a youthful offender pursuant to Section 7306-2.5 or 7306-2.6 of this title, then all the charges may be prosecuted under the same action pursuant to the provisions of the Youthful Offender Act, if so ordered by the court. The decision to join the cases shall not be appealable as a final order. If the offense listed in Section 7306-2.5 or Section 7306-2.6 of this title is subsequently dismissed for any reason, then any remaining pending charges shall be transferred to the juvenile court.
- B. If, during the pendency of a criminal or quasi-criminal charge against any person, it shall be ascertained that the person was a child at the time of committing the alleged offense, the district court or municipal court shall transfer the case, together with all the papers, documents and testimony connected therewith, to the juvenile division of the district court. The division making such transfer shall order the child to be taken forthwith to the place of detention designated by the juvenile division, to that division itself, or release such child to the custody of some suitable person to be brought before the juvenile division.
- C. Nothing in this section shall be construed to prevent the exercise of concurrent jurisdiction by another division of the district court or by municipal courts in cases involving children wherein the child is charged with the violation of a state or municipal traffic law or ordinance.
Laws 1994, HB 2640, c. 290, § 20, emerg. eff. July 1, 1994; Amended by Laws 1995, HB 1978, c. 352, § 166, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1507.17 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1997, HB 1632, c. 293, § 25, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 2000, HB 2208, c. 373, § 2, emerg. eff. July 1, 2000 (superseded document available).