The bill amends Section 1101 of Title 22 of the Oklahoma Statutes, which governs bail in criminal cases. It establishes that bail may be denied for certain offenses, including capital offenses, violent offenses, and offenses punishable by life imprisonment. Notably, the bill adds new criteria for denying bail, specifically for individuals charged with driving under the influence of alcohol or other intoxicating substances if they have previously been convicted of two felonies for similar offenses. The bill also clarifies that defendants who are escaped prisoners from the Department of Corrections must be processed back into the Department before bail can be set on new charges.

Additionally, the bill introduces a rebuttable presumption against bail if the state can demonstrate, by clear and convincing evidence, that the individual poses a threat to community safety based on their arrest history. This includes cases where a person was previously arrested for a violent offense and subsequently charged with another violent crime while out on bond. The effective date for this legislation is set for November 1, 2025.

Statutes affected:
Introduced: 22-1101