1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 99 By: Brooks
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6 AS INTRODUCED
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7 An Act relating to criminal procedure; amending 22
7 O.S. 2011, Section 1105, which relates to discharge
8 of defendant upon giving bail; specifying allowable
8 time period for initial appearance for certain
9 offenses; construing provisions; and providing an
9 effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 22 O.S. 2011, Section 1105, is
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14 amended to read as follows:
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15 Section 1105. A. Except as otherwise provided by this section,
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16 upon the allowance of bail and the execution of the requisite
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17 recognizance, bond, or undertaking to the state, the magistrate,
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18 judge, or court, shall, if the defendant is in custody, make and
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19 sign an order for discharge. The court, in its discretion, may
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20 prescribe by court rule the conditions under which the court clerk
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21 or deputy court clerk, or the sheriff or deputy sheriff, may prepare
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22 and execute an order of release on behalf of the court.
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23 B. No police officer or sheriff may release a person arrested
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24 for a violation of an ex parte or final protective order as provided
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 1 in Sections 60.2 and 60.3 of this title, or arrested for an act
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2 constituting domestic abuse as specified in Section 644 of Title 21
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3 of the Oklahoma Statutes, or arrested for any act constituting
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4 domestic abuse, stalking or harassment as defined by Section 60.1 of
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5 this title, or arrested for an act constituting domestic assault and
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6 battery or domestic assault and battery with a deadly weapon
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7 pursuant to Section 644 of Title 21 of the Oklahoma Statutes,
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8 without the violator appearing before a magistrate, judge or court.
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9 The appearance before a magistrate, judge or court shall occur no
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10 earlier than twenty-four (24) hours after arrest but no later than
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11 seventy-two (72) hours after arrest; provided, such requirement
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12 shall not be construed to constitute an unnecessary delay unless the
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13 person arrested can establish prejudice by reason of the delay. To
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14 the extent that any of the following information is available to the
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15 court, the magistrate, judge or court shall consider, in addition to
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16 any other circumstances, before determining bond and other
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17 conditions of release as necessary for the protection of the alleged
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18 victim, the following:
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19 1. Whether the person has a history of domestic violence or a
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20 history of other violent acts;
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21 2. The mental health of the person;
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22 3. Whether the person has a history of violating the orders of
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23 any court or governmental entity;
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 1 4. Whether the person is potentially a threat to any other
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2 person;
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3 5. Whether the person has a history of abusing alcohol or any
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4 controlled substance;
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5 6. Whether the person has access to deadly weapons or a history
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6 of using deadly weapons;
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7 7. The severity of the alleged violence that is the basis of
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8 the alleged offense including, but not limited to:
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9 a. the duration of the alleged violent incident,
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10 b. whether the alleged violent incident involved serious
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11 physical injury,
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12 c. whether the alleged violent incident involved sexual
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13 assault,
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14 d. whether the alleged violent incident involved
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15 strangulation,
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16 e. whether the alleged violent incident involved abuse
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17 during the pregnancy of the alleged victim,
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18 f. whether the alleged violent incident involved the
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19 abuse of pets, or
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20 g. whether the alleged violent incident involved forcible
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21 entry to gain access to the alleged victim;
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22 8. Whether a separation of the person from the alleged victim
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23 or a termination of the relationship between the person and the
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24 alleged victim has recently occurred or is pending;
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 1 9. Whether the person has exhibited obsessive or controlling
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2 behaviors toward the alleged victim including, but not limited to,
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3 stalking, surveillance, or isolation of the alleged victim;
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4 10. Whether the person has expressed suicidal or homicidal
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5 ideations; and
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6 11. Any information contained in the complaint and any police
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7 reports, affidavits, or other documents accompanying the complaint.
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8 C. No police officer or sheriff may release a person arrested
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9 for any violation of subsection G of Section 2-401 of Title 63 of
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10 the Oklahoma Statutes, without the violator appearing before a
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11 magistrate, judge, or court. In determining bond and other
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12 conditions of release, the magistrate, judge, or court shall
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13 consider any evidence that the person is in any manner dependent
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14 upon a controlled dangerous substance or has a pattern of regular,
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15 illegal use of any controlled dangerous substance. A rebuttable
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16 presumption that no conditions of release on bond would assure the
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17 safety of the community or any person therein shall arise if the
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18 state shows by clear and convincing evidence:
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19 1. The person was arrested for a violation of subsection G of
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20 Section 2-401 of Title 63 of the Oklahoma Statutes, relating to
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21 manufacturing or attempting to manufacture a controlled dangerous
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22 substance, or possessing any of the substances listed in subsection
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23 G of Section 2-401 of Title 63 of the Oklahoma Statutes with the
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24 intent to manufacture a controlled dangerous substance; and
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 1 2. The person is in any manner dependent upon a controlled
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2 dangerous substance or has a pattern of regular illegal use of a
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3 controlled dangerous substance, and the violation referred to in
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4 paragraph 1 of this subsection was committed or attempted in order
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5 to maintain or facilitate the dependence or pattern of illegal use
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6 in any manner.
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7 SECTION 2. This act shall become effective November 1, 2021.
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9 58-1-161 TEK 12/7/2020 2:39:17 PM
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