1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3220 By: West (Kevin)
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6 AS INTRODUCED
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7 An Act relating to driving under the influence;
7 amending 22 O.S. 2021, Section 1105, which relates to
8 defendant discharge on giving bail; requiring certain
8 arrested person make appearance before release;
9 requiring certain evidence be considered; requiring
9 court make certain consideration regarding bail
10 amount; amending 47 O.S. 2021, Section 10-104, which
10 relates to duty to give information and render aid;
11 removing drug and alcohol testing requirement;
11 amending 47 O.S. 2021, Section 11-902, which relates
12 to persons under the influence of alcohol or other
12 intoxicating substance or combination thereof;
13 stating certain timing requirements for
13 administration of tests do not apply; amending 47
14 O.S. 2021, Section 752, as amended by Section 22,
14 Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2023, Section
15 752), which relates to administration of tests;
15 modifying list of written statements authorizing the
16 certain withdrawal of blood; and providing an
16 effective date.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1105, is
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21 amended to read as follows:
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22 Section 1105. A. Except as otherwise provided by this section,
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23 upon the allowance of bail and the execution of the requisite
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24 recognizance, bond, or undertaking to the state, the magistrate,
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 1 judge, or court shall, if the defendant is in custody, make and sign
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2 an order for discharge. The court, in its discretion, may prescribe
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3 by court rule the conditions under which the court clerk or deputy
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4 court clerk, or the sheriff or deputy sheriff, may prepare and
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5 execute an order of release on behalf of the court.
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6 B. No police officer or sheriff may release a person arrested
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7 for a violation of an ex parte or final protective order as provided
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8 in Sections 60.2 and 60.3 of this title, or arrested for an act
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9 constituting domestic abuse as specified in Section 644 of Title 21
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10 of the Oklahoma Statutes, or arrested for any act constituting
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11 domestic abuse, stalking or harassment as defined by Section 60.1 of
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12 this title, or arrested for an act constituting domestic assault and
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13 battery or domestic assault and battery with a deadly weapon
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14 pursuant to Section 644 of Title 21 of the Oklahoma Statutes,
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15 without the violator appearing before a magistrate, judge or court.
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16 To the extent that any of the following information is available to
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17 the court, the magistrate, judge or court shall consider, in
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18 addition to any other circumstances, before determining bond and
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19 other conditions of release as necessary for the protection of the
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20 alleged victim, the following:
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21 1. Whether the person has a history of domestic violence or a
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22 history of other violent acts;
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23 2. The mental health of the person;
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 1 3. Whether the person has a history of violating the orders of
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2 any court or governmental entity;
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3 4. Whether the person is potentially a threat to any other
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4 person;
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5 5. Whether the person has a history of abusing alcohol or any
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6 controlled substance;
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7 6. Whether the person has access to deadly weapons or a history
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8 of using deadly weapons;
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9 7. The severity of the alleged violence that is the basis of
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10 the alleged offense including, but not limited to:
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11 a. the duration of the alleged violent incident,
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12 b. whether the alleged violent incident involved serious
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13 physical injury,
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14 c. whether the alleged violent incident involved sexual
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15 assault,
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16 d. whether the alleged violent incident involved
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17 strangulation,
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18 e. whether the alleged violent incident involved abuse
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19 during the pregnancy of the alleged victim,
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20 f. whether the alleged violent incident involved the
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21 abuse of pets, or
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22 g. whether the alleged violent incident involved forcible
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23 entry to gain access to the alleged victim;
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 1 8. Whether a separation of the person from the alleged victim
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2 or a termination of the relationship between the person and the
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3 alleged victim has recently occurred or is pending;
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4 9. Whether the person has exhibited obsessive or controlling
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5 behaviors toward the alleged victim including, but not limited to,
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6 stalking, surveillance, or isolation of the alleged victim;
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7 10. Whether the person has expressed suicidal or homicidal
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8 ideations; and
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9 11. Any information contained in the complaint and any police
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10 reports, affidavits, or other documents accompanying the complaint.
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11 C. A person arrested for:
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12 1. A violation of an ex parte or final protective order as
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13 provided in Sections 60.2 and 60.3 of this title;
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14 2. An act constituting domestic abuse, domestic assault and
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15 battery or domestic assault and battery with a deadly weapon as
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16 specified in Section 644 of Title 21 of the Oklahoma Statutes; or
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17 3. An act constituting domestic abuse, stalking or harassment
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18 as defined by Section 60.1 of this title,
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19 shall not be eligible for a personal recognizance bond pursuant to
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20 Section 1108.1 of this title.
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21 D. No police officer or sheriff may release a person arrested
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22 for any violation of subsection G of Section 2-401 of Title 63 of
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23 the Oklahoma Statutes, without the violator appearing before a
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24 magistrate, judge, or court. In determining bond and other
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 1 conditions of release, the magistrate, judge, or court shall
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2 consider any evidence that the person is in any manner dependent
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3 upon a controlled dangerous substance or has a pattern of regular,
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4 illegal use of any controlled dangerous substance. A rebuttable
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5 presumption that no conditions of release on bond would assure the
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6 safety of the community or any person therein shall arise if the
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7 state shows by clear and convincing evidence:
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8 1. The person was arrested for a violation of subsection G of
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9 Section 2-401 of Title 63 of the Oklahoma Statutes, relating to
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10 manufacturing or attempting to manufacture a controlled dangerous
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11 substance, or possessing any of the substances listed in subsection
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12 G of Section 2-401 of Title 63 of the Oklahoma Statutes with the
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13 intent to manufacture a controlled dangerous substance; and
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14 2. The person is in any manner dependent upon a controlled
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15 dangerous substance or has a pattern of regular illegal use of a
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16 controlled dangerous substance, and the violation referred to in
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17 paragraph 1 of this subsection was committed or attempted in order
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18 to maintain or facilitate the dependence or pattern of illegal use
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19 in any manner.
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20 E. No police officer or sheriff may release a person arrested
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21 for a second or subsequent violation of Section 11-902 of Title 47
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22 of the Oklahoma Statutes, without the violator appearing before a
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23 magistrate, judge, or court. In determining bond and other
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24 conditions of release, the magistrate, judge, or court shall
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 1 consider any evidence that the person is in any manner dependent
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2 upon alcohol or a controlled dangerous substance or has a pattern of
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3 regular abuse of alcohol or the illegal use of any controlled
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4 dangerous substance. If the person was arrested for any crime
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5 provided for in Section 11-902 of Title 47 of the Oklahoma Statutes,
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6 the court shall consider the threat the person poses to the public
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7 safety and shall present written findings on the bail amount.
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8 SECTION 2. AMENDATORY 47 O.S. 2021, Section 10-104, is
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9 amended to read as follows:
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10 Section 10-104. A. The driver of any vehicle involved in an
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11 accident resulting in injury to or death of any person or damage to
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12 any vehicle which is driven or attended by any person shall give his
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13 or her correct name, address and registration number of the vehicle
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14 he or she is driving, and shall upon request exhibit his or her
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15 driver license and his or her security verification form, as defined
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16 in Section 7-600 of this title, to the person struck or the driver
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17 or occupant of or person attending any vehicle collided with, and
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18 shall render to any person injured in such accident reasonable
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19 assistance, including the carrying, or the making of arrangements
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20 for the carrying, of such person to a physician, surgeon or hospital
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21 for medical or surgical treatment if it is apparent that such
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22 treatment is necessary or if such carrying is requested by the
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23 injured person. Any driver who provides information required by
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 1 this section which is intentionally inaccurate shall be subject to
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2 the provisions of Section 10-103 of this title.
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3 B. Any driver of any vehicle involved in an accident who could
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4 be cited for any traffic offense where said accident resulted in the
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5 immediate death or great bodily injury, as defined in subsection B
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6 of Section 646 of Title 21 of the Oklahoma Statutes, of any person
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7 shall submit to drug and alcohol testing as soon as practicable
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8 after such accident occurs. The traffic offense violation shall
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9 constitute probable cause for purposes of Section 752 of this title
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10 and the procedures found in Section 752 of this title shall be
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11 followed to determine the presence of alcohol or controlled
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12 dangerous substances within the driver's blood system.
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13 SECTION 3. AMENDATORY 47 O.S. 2021, Section 11-902, is
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14 amended to read as follows:
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15 Section 11-902. A. It is unlawful and punishable as provided
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16 in this section for any person to drive, operate, or be in actual
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17 physical control of a motor vehicle within this state, whether upon
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18 public roads, highways, streets, turnpikes, other public places or
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19 upon any private road, street, alley or lane which provides access
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20 to one or more single or multi-family dwellings, who:
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21 1. Has a blood or breath alcohol concentration, as defined in
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22 Section 756 of this title, of eight-hundredths (0.08) or more at the
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23 time of a test of such person's blood or breath administered within
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24 two (2) hours after the arrest of such person;
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 1 2. Is under the influence of alcohol;
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2 3. Has any amount of a Schedule I chemical or controlled
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3 substance, as defined in Section 2-204 of Title 63 of the Oklahoma
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4 Statutes, or one of its metabolites or analogs in the person's
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5 blood, saliva, urine or any other bodily fluid at the time of a test
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6 of such person's blood, saliva, urine or any other bodily fluid
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7 administered within two (2) hours after the arrest of such person;
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8 4. Is under the influence of any intoxicating substance other
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9 than alcohol which may render such person incapable of safely
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10 driving or operating a motor vehicle. The timing requirement for
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11 the administration of tests pursuant to Section 756 of this title
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12 shall not apply to this paragraph; or
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13 5. Is under the combined influence of alcohol and any other
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14 intoxicating substance which may render such person incapable of
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15 safely driving or operating a motor vehicle. The timing requirement
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16 for the administration of tests pursuant to Section 756 of this
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17 title shall not apply to this paragraph.
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18 B. The fact that any person charged with a violation of this
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19 section is or has been lawfully entitled to use alcohol or a
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20 controlled dangerous substance or any other intoxicating substance
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21 shall not constitute a defense against any charge of violating this
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22 section.
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 1 C. 1. Any person who is convicted of a violation of the
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2 provisions of this section shall be guilty of a misdemeanor for the
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3 first offense and shall:
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4 a. participate in an assessment and evaluation pursuant
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5 to subsection G of this section and shall follow all
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6 recommendations made in the assessment and evaluation,
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7 b. be punished by imprisonment in jail for not less than
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8 ten (10) days nor more than one (1) year, and
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9 c. be fined not more than One Thousand Dollars
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10 ($1,000.00).
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11 2. Any person who, having been convicted of or having received
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12 deferred judgment for a violation of this section or a violation
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13 pursuant to the provisions of any law of this state or another state
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14 prohibiting the offenses provided in this section, Section 11-904 of
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15 this title or paragraph 4 of subsection A of Section 852.1 of Title
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16 21 of the Oklahoma Statutes, or having a prior conviction in a
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17 municipal criminal court of record for the violation of a municipal
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18 ordinance prohibiting the offense provided for in this section
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19 commits a subsequent violation of this section within ten (10) years
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20 of the date following the completion of the execution of said
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21 sentence or deferred judgment shall, upon conviction, be guilty of a
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22 felony and shall participate in an assessment and evaluation
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23 pursuant to subsection G of this section and shall be sentenced to:
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 1 a. follow all recommendations made in the assessment and
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2 evaluation for treatment at the defendant's expense,
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3 or
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4 b. placement in the custody of the Department of
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5 Corrections for not less than one (1) year and not to
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6 exceed five (5) years and a fine of not more than Two
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7 Thousand Five Hundred Dollars ($2,500.00), or
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8 c. treatment, imprisonment and a fine within the
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9 limitations prescribed in subparagraphs a and b of
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10 this paragraph.
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11 However, if the treatment in subsection G of this section does
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12 not include residential or inpatient treatment for a period of not
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13 less than five (5) days, the person shall serve a term of
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14 imprisonment of at least five (5) days.
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15 3. Any person who commits a violation of this section after
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16 having been convicted of a felony offense pursuant to the provisions
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17 of this section or a violation pursuant to the provisions of any law
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18 of this state or another state prohibiting the offenses provided for
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19 in this section, Section 11-904 of this title or paragraph 4 of
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20 subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
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21 shall be guilty of a felony and participate in an assessment and
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22 evaluation pursuant to subsection G of this section and shall be
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23 sentenced to:
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 1 a. follow all recomme