When determining the appropriate charge for a person accused of committing a criminal offense, the district attorney shall have the discretion to file the charge as a misdemeanor offense rather than a felony offense after considering the following factors:

1. 1. The criminal offense for which the person has been arrested is not listed as a criminal offense in Section 13.1 or subsection G of Section 1040.13b of Title 21 of the Oklahoma Statutes;
2. 2. The nature of the criminal offense;
3. 3. The age, background and criminal history of the person who committed the criminal offense;
4. 4. The character and rehabilitation needs of the person who committed the criminal offense; and
5. 5. Whether it is in the best interests of justice to file the charge as a misdemeanor offense rather than a felony offense.

Laws 2016, HB 2472, c. 219, § 1, eff. November 1, 2016; Amended by Laws 2020, SB 1462, c. 35, § 2 (superseded document available).