1. A. Officers, warrant officers, and enlisted men of the Oklahoma National Guard may be placed in arrest by their military superiors for any offense in violation of this code. If any member of the National Guard fails or refuses to report to his appointed place of duty, the commanding officer is authorized to arrest or cause to be arrested such member and have him brought before the commanding officer at his unit or organization headquarters, whether such headquarters be located within or without the borders of the state. After such an arrest, the commanding officer is authorized to transport such member to his appointed place of duty, be it within or without the borders of the state. If military personnel are not available for the purpose of making the arrest, or if the commanding officer deems it advisable, he may issue a warrant to any sheriff, constable, or peace officer authorized to serve warrants of arrest under civil law, and such officer is authorized and required to serve such warrant in the same manner as other warrants of arrest and make return thereof to the commanding officer issuing the warrant.
2. B. If the commanding officer issuing the warrant be unavailable to receive the person arrested, the arresting officer shall take him before a judge or magistrate in the state. The judge or magistrate may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned upon the person arrested appearing before his commanding officer at his next regularly scheduled drill or training period or before the judge or magistrate at a time specified in such bond for his surrender to the commanding officer issuing the warrant or his representative. If the person arrested be unable to give bail, then he shall be committed by the judge or magistrate to the county jail for a period of time not to exceed three (3) days to await being surrendered to the commanding officer issuing the warrant or his representative.

3. C. Warrants of arrest issued pursuant to this section shall be in the following form: STATE OF OKLAHOMA )

   )ss COUNTY OF ___________)

   To the (Sheriff), (Constable), (Chief of Police) of ____________ (city) (or the name and rank of the Company Officer, First Sergeant, or N. C. O. ordered to make the arrest) of ________ County: ________________________________________________________________

   (name of individual to be arrested, rank, serial number) a member of ______________________, Oklahoma National Guard, having

   (unit designation) failed or refused to report to his appointed place of duty at __________________, you are therefore commanded forthwith to arrest the above named _______________________________________________,(name of individual to be arrested) and bring him before me at ______________________________.

   (unit headquarters) The arrest is authorized to be made either during the day or at night. Dated at __________________, this _____ day of ____________, 19__.

   /S/ _____________________________________

   (type signer's name, rank, branch, organizations, and designation as commanding officer)

4. D. The fees and mileage allowed for the service of such warrants of arrest shall be the same as provided by law for the service of criminal process and shall be paid out of funds appropriated to the office of the Adjutant General upon proper application therefor.
5. E. Failure of the person arrested to appear before his commanding officer as ordered by the judge or magistrate shall result in forfeiture of said bail, the proceedings relating to the forfeiture of said bail shall be the same as prescribed in Section 2204 of this title.

Laws 1963, SB 277, c. 148, § 201, emerg. eff. June 6, 1963; Amended by Laws 1987, SB 343, c. 73, § 3, emerg. eff. May 5, 1987.