1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3782 By: George
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6 AS INTRODUCED
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7 An Act relating to criminal procedure; amending 22
7 O.S. 2021, Section 1101, as amended by Section 1,
8 Chapter 117, O.S.L. 2022 (22 O.S. Supp. 2023, Section
8 1101), which relates to persons authorized to take
9 bail; providing for the denial of release on bond
9 under certain circumstances; and providing an
10 effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1101, as
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15 amended by Section 1, Chapter 117, O.S.L. 2022 (22 O.S. Supp. 2023,
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16 Section 1101), is amended to read as follows:
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17 Section 1101. A. Except as otherwise provided by law, bail, by
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18 sufficient sureties, shall be admitted upon all arrests in criminal
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19 cases where the offense is not punishable by death and in such cases
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20 it may be taken by any of the persons or courts authorized by law to
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21 arrest, to imprison offenders or to perform pretrial services, or by
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22 the clerk of the district court or his or her deputy, or by the
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23 judge of such courts.
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 1 B. In criminal cases where the defendant is currently an
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2 escaped prisoner from the Department of Corrections, the defendant
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3 must be processed back into the Department of Corrections prior to
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4 bail being set on new criminal charges.
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5 C. All persons shall be bailable by sufficient sureties, except
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6 that bail may be denied for:
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7 1. Capital offenses when the proof of guilt is evident, or the
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8 presumption thereof is great;
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9 2. Violent offenses;
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10 3. Offenses where the maximum sentence may be life imprisonment
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11 or life imprisonment without parole;
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12 4. Felony offenses where the person charged with the offense
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13 has been convicted of two or more felony offenses arising out of
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14 different transactions; and
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15 5. Controlled dangerous substances offenses where the maximum
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16 sentence may be at least ten (10) years' imprisonment.
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17 On all offenses specified in paragraphs 2 through 5 of this
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18 subsection, the proof of guilt must be evident, or the presumption
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19 must be great, and it must be on the grounds that no condition of
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20 release would assure the safety of the community or any person.
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21 D. There shall be a rebuttable presumption that no condition of
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22 release would assure the safety of the community if the state shows
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23 by clear and convincing evidence that the person was arrested for a
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24 violation of Section 741 of Title 21 of the Oklahoma Statutes.
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Req. No. 8465 Page 2
 1 E. If the person was arrested for any crime provided for in the
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2 Protection from Domestic Abuse Act or a violent crime provided for
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3 in Section 571 of Title 57 of the Oklahoma Statutes, the court shall
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4 be responsible for assessing prior patterns of abuse and shall
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5 present written findings on the bail amount.
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6 F. There shall be a rebuttable presumption that no conditions
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7 of release on bond would assure the safety of the community or any
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8 person therein if the state shows by clear and convincing evidence
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9 that:
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10 1. The person was arrested for a violent offense and released
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11 on bond; and
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12 2. While out on said bond, the person was subsequently arrested
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13 and charged for a violent crime as set forth for in Section 571 of
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14 Title 57 of the Oklahoma Statutes.
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15 SECTION 2. This act shall become effective November 1, 2024.
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17 59-2-8465 GRS 12/29/23
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Statutes affected:
Introduced: 22-1101
House Committee Substitute: 22-1101
Floor (House): 22-1101
Floor (Senate): 22-1101
Engrossed: 22-1101
Enrolled (final version): 22-1101