1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3885 By: Ford
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6 AS INTRODUCED
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7 An Act relating to bail; amending 22 O.S. 2021,
7 Section 1115.1A, as amended by Section 7, Chapter
8 310, O.S.L. 2023 (22 O.S. Supp. 2023, Section
8 1115.1A), which relates to the State and Municipal
9 Traffic, Water Safety, and Wildlife Bail Bond
9 Procedure Act; increasing time limitation for certain
10 notification requirement; and providing an effective
10 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 1115.1A, as
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15 amended by Section 7, Chapter 310, O.S.L. 2023 (22 O.S. Supp. 2023,
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16 Section 1115.1A), is amended to read as follows:
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17 Section 1115.1A A. In addition to other provisions of law for
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18 posting bail, any person, whether a resident of this state or a
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19 nonresident, who is arrested by a law enforcement officer solely for
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20 a misdemeanor violation of a state traffic law or municipal traffic
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21 ordinance, shall be released by the arresting officer upon personal
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22 recognizance if:
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23 1. The arrested person has been issued a valid license to
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24 operate a motor vehicle by this state, another state jurisdiction
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 1 within the United States, which is a participant in the Nonresident
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2 Violator Compact or any party jurisdiction of the Nonresident
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3 Violator Compact;
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4 2. The arresting officer is satisfied as to the identity of the
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5 arrested person and certifies the date and time and the location of
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6 the violation, as evidenced by the electronic signature of the
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7 officer;
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8 3. The arrested person acknowledges, as evidenced by the
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9 electronic signature of the person, a written promise to appear as
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10 provided for on the citation, unless the person is unconscious or
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11 injured and requires immediate medical treatment as determined by a
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12 treating physician; and
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13 4. The violation does not constitute:
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14 a. a felony,
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15 b. negligent homicide,
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16 c. driving or being in actual physical control of a motor
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17 vehicle while impaired or under the influence of
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18 alcohol or other intoxicating substances, unless the
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19 person is unconscious or injured and requires
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20 immediate medical treatment as determined by a
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21 treating physician,
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22 d. eluding or attempting to elude a law enforcement
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23 officer,
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 1 e. operating a motor vehicle without having been issued a
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2 valid driver license or while the driving privilege
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3 and driver license is under suspension, revocation,
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4 denial or cancellation,
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5 f. an arrest based upon an outstanding warrant, or
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6 g. a traffic violation coupled with any offense stated in
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7 subparagraphs a through f of this paragraph.
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8 B. If the arrested person is eligible for release on personal
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9 recognizance as provided for in subsection A of this section, then
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10 the arresting officer shall on the citation:
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11 1. Designate the traffic charge;
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12 2. Record information from the driver license of the arrested
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13 person on the citation form, including the name, address, date of
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14 birth, physical description, type of driver license, driver license
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15 number, issuing state, and expiration date;
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16 3. Record the motor vehicle make, model and tag information;
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17 4. Record the date and time on which, or before which, the
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18 arrested person promises, as evidenced by the electronic signature
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19 of the person, to contact, pay, or appear at the court, as
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20 applicable to the court;
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21 5. Record the electronic signature of the arrested person which
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22 shall serve as evidence and acknowledgment of a promise to contact,
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23 pay, or appear at the court, as provided for in the citation; and
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 1 6. Record the electronic signature of the arrested person which
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2 shall serve as evidence to certify the date and time and the
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3 location that the arrested person was served with a copy of the
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4 citation and notice to appear,
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5 after which, the arresting officer shall then release the person
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6 upon personal recognizance based upon the acknowledged promise to
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7 appear. The citation shall contain a written notice to the arrested
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8 person that release upon personal recognizance based upon an
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9 acknowledged promise to appear, as evidenced by the electronic
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10 signature of the person, for arraignment is conditional and that
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11 failure to timely appear for arraignment shall result in the
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12 suspension of the driving privilege and driver license of the
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13 arrested person in this state, or in the home state of the
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14 nonresident pursuant to the Nonresident Violator Compact.
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15 C. The court, or the court clerk as directed by the court, may
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16 continue or reschedule the date and time of arraignment at the
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17 discretion of the court or upon request of the arrested person or
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18 the attorney for that person. If the arraignment is continued or
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19 rescheduled, the arrested person shall remain on personal
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20 recognizance and acknowledged promise to appear until such
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21 arraignment, in the same manner and with the same consequences as if
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22 the continued or rescheduled arraignment was entered on the citation
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23 by the arresting officer and electronically signed by the defendant.
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24 An arraignment may be continued or rescheduled more than one time.
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 1 Provided, however, the court shall require an arraignment to be had
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2 within a reasonable time. It shall remain the duty of the defendant
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3 to appear for arraignment unless the citation is satisfied as
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4 provided for in subsection D of this section.
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5 D. A defendant released upon personal recognizance may elect to
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6 enter a plea of guilty or nolo contendere to the violation charged
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7 at any time before the defendant is required to appear for
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8 arraignment by indicating such plea on the copy of the citation
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9 furnished to the defendant or on a legible copy, together with the
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10 date of the plea and signature of the defendant, or such plea may be
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11 entered by the defendant using an electronic method provided by the
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12 court for such purposes, either through the website of the court or
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13 otherwise. The defendant shall be responsible for assuring full
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14 payment of the fine and costs to the appropriate court clerk.
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15 Payment of the fine and costs may be made by personal, cashier's,
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16 traveler's, certified or guaranteed bank check, postal or commercial
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17 money order, or other form of payment approved by the court in an
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18 amount prescribed as bail for the offense. Provided, however, the
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19 defendant shall not use currency for payment by mail. Payment of
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20 the fine and costs which is not accompanied by a written plea of
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21 guilty or nolo contendere shall constitute a plea of nolo contendere
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22 entered by the defendant as allowed by law, and shall function as a
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23 written, dated and signed citation form acceptable to the court. A
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24 plea of guilty or nolo contendere as provided for in this subsection
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 1 shall be accepted by the court and the amount of the fine and costs
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2 shall be:
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3 1. As prescribed in Section 1115.3 of this title as bail for
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4 the violation;
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5 2. In case of a municipal violation, as prescribed by municipal
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6 ordinance for the violation charged; or
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7 3. In the absence of such law or ordinance, then as prescribed
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8 by the court.
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9 E. 1. If, pursuant to the provisions of subsection D of this
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10 section, the defendant does not timely elect to enter a plea of
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11 guilty or nolo contendere and fails to timely appear for
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12 arraignment, the court may issue a warrant for the arrest of the
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13 defendant. The municipal or district court clerk, within one
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14 hundred twenty (120) calendar days year from the date the citation
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15 was issued by the arresting officer, shall notify Service Oklahoma
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16 that:
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17 a. the defendant was issued a traffic citation and
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18 released upon personal recognizance after
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19 acknowledging a written promise to appear for
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20 arraignment as provided for in the citation,
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21 b. the defendant has failed to appear for arraignment
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22 without good cause shown,
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 1 c. the defendant has not posted bail, paid a fine, or
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2 made any other arrangement with the court to satisfy
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3 the citation, and
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4 d. the citation has not been satisfied as provided by
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5 law.
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6 Additionally, the court clerk shall request Service Oklahoma to
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7 either suspend the driving privilege and driver license of the
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8 defendant to operate a motor vehicle in this state, or notify the
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9 home state of the defendant and request suspension of the driving
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10 privilege and driver license of the defendant in accordance with the
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11 provisions of the Nonresident Violator Compact. The notice and
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12 request shall be on a form approved or furnished by Service
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13 Oklahoma.
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14 2. The court clerk shall not process the notification and
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15 request provided for in paragraph 1 of this subsection if, with
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16 respect to such charges:
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17 a. the defendant was arraigned, posted bail, paid a fine,
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18 was jailed, or otherwise settled the case,
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19 b. the defendant was not released upon personal
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20 recognizance upon an acknowledged written promise to
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21 appear as provided for in this section or if released,
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22 was not permitted to remain on such personal
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23 recognizance for arraignment,
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24 c. the violation relates to parking or standing, or
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 1 d. a period of one hundred twenty (120) calendar days
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2 year or more has elapsed from the date the citation
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3 was issued by the arresting officer.
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4 F. Following receipt of the notice and request from the court
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5 clerk for driving privilege and driver license suspension as
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6 provided for in subsection E of this section, Service Oklahoma shall
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7 proceed as provided for in Section 1115.5 of this title.
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8 G. The municipal or district court clerk shall maintain a
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9 record of each request for driving privilege and driver license
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10 suspension submitted to Service Oklahoma pursuant to the provisions
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11 of this section. When the court or court clerk receives appropriate
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12 bail or payment of the fine and costs, settles the citation, makes
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13 other arrangements with the defendant, or otherwise closes the case,
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14 the court clerk shall furnish proof thereof to the defendant, if the
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15 defendant personally appears, or shall mail such proof by first-
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16 class mail, postage prepaid, to the defendant at the address noted
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17 on the citation or at such other address as is furnished by the
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18 defendant or by email if the defendant has furnished an email
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19 address for such purposes. Additionally, the court or court clerk
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20 shall notify the home jurisdiction of the defendant as listed on the
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21 citation, if such jurisdiction is a member of the Nonresident
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22 Violator Compact, and shall, in all other cases, notify Service
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23 Oklahoma of the resolution of the case. The form of proof and the
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24 procedures for notification shall be approved by Service Oklahoma.
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 1 Provided however, failure by the court or court clerk to furnish
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2 such proof or notice in the manner provided for in this subsection
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3 shall in no event create any civil liability upon the court, the
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4 court clerk, the State of Oklahoma or any political subdivision
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5 thereof, or any state department or agency or any employee thereof
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6 but duplicate proof shall be furnished to the person entitled to
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7 such proof or notice upon request.
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8 H. For purposes of this section, "electronic signature" shall
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9 have the same meaning as defined in Section 15-102 of Title 12A of
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10 the Oklahoma Statutes.
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11 SECTION 2. This act shall become effective November 1, 2024.
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13 59-2-9680 GRS 12/31/2023
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Statutes affected:
Introduced: 22-1115.1A
Floor (House): 22-1115.1A
Floor (Senate): 22-1115.1A
Engrossed: 22-1115.1A
Enrolled (final version): 22-1115.1A