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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2295 By: Roberts (Dustin) of the
House
and
Leewright of the Senate
AS INTRODUCED
An Act relating to criminal procedur es; amending 22
O.S. 2011, Sections 1105, 1105.3, as last amended by
Section 1, Chapter 2, O.S.L. 2018 and 1108.1 (22 O.S.
Supp. 2020, Section 1105.3) , which relate to bailable
offenses and personal recognizance bonds; making
persons arrested for certain c rimes ineligible for
personal recognizance bonds; updating internal
statutory references; excluding persons detained or
accused of committing certain offenses from being
released pursuant to court order; prohibiting
personal recognizance bonds for certain criminal
cases; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 1105, is
amended to read as follows:
Section 1105. A. Except as othe rwise provided by this section,
upon the allowance of bail and the execution of the requisite
recognizance, bond, or undertaking to the state, the magistrate,
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judge, or court, shall, if the defendant is in custody, make and
sign an order for discharge. Th e court, in its discretion, may
prescribe by court rule the conditions under which the court clerk
or deputy court clerk, or the sheriff or deputy sheriff, may prepare
and execute an order of release on behalf of the court.
B. No police officer or sheriff may release a person arrested
for a violation of an ex parte or final protective order as provided
in Sections 60.2 and 60.3 of this title, or arrested for an act
constituting domestic abuse as specified in Section 644 of Title 21
of the Oklahoma Statutes , or arrested for any act constituting
domestic abuse, stalking or harassment as defined by Section 60.1 of
this title, or arrested for an act constituting domestic assault and
battery or domestic assault and battery with a deadly weapon
pursuant to Section 644 of Title 21 of the Oklahoma Statutes,
without the violator appearing before a magistrate, judge or court.
To the extent that any of the following information is available to
the court, the magistrate, judge or court shall consider, in
addition to any other circumstances, before determining bond and
other conditions of release as necessary for the protection of the
alleged victim, the following:
1. Whether the person has a history of domestic violence or a
history of other violent acts;
2. The mental health of the person;
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3. Whether the person has a history of violating the orders of
any court or governmental entity;
4. Whether the person is potentially a threat to any other
person;
5. Whether the person has a history of abusing alcohol or any
controlled substance;
6. Whether the person has access to deadly weapons or a history
of using deadly weapons;
7. The severity of the alleged violence that is the basis of
the alleged offense including, but not limited to:
a. the duration of the alleged vio lent incident,
b. whether the alleged violent incident involved serious
physical injury,
c. whether the alleged violent incident involved sexual
assault,
d. whether the alleged violent incident involved
strangulation,
e. whether the alleged violent inciden t involved abuse
during the pregnancy of the alleged victim,
f. whether the alleged violent incident involved the
abuse of pets, or
g. whether the alleged violent incident involved forcible
entry to gain access to the alleged victim;
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8. Whether a separati on of the person from the alleged victim
or a termination of the relationship between the person and the
alleged victim has recently occurred or is pending;
9. Whether the person has exhibited obsessive or controlling
behaviors toward the alleged victim i ncluding, but not limited to,
stalking, surveillance, or isolation of the alleged victim;
10. Whether the person has expressed suicidal or homicidal
ideations; and
11. Any information contained in the complaint and any police
reports, affidavits, or othe r documents accompanying the complaint.
C. A person arrested for :
1. A violation of an ex parte or final protective order as
provided in Sections 60.2 and 60.3 of this title ;
2. An act constituting domestic abuse , domestic assault and
battery or domestic assault and battery with a deadly weapon as
specified in Section 644 of Ti tle 21 of the Oklahoma Statutes; or
3. An act constituting domestic abuse, stalking or harassment
as defined by Section 60.1 of this title ,
shall not be eligible for a personal re cognizance bond pursuant to
Section 1108.1 of this title.
D. No police officer or sheriff may release a person arrested
for any violation of subsection G of Section 2 -401 of Title 63 of
the Oklahoma Statutes, without the violator appearing before a
magistrate, judge, or court. In determining bond and other
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conditions of release, the magistrate, judge, or court shall
consider any evidence that the person is in any manner dependent
upon a controlled dangerous substance or has a pattern of regular,
illegal use of any controlled dangerous substance. A rebuttable
presumption that no conditions of release on bond would assure the
safety of the community or any person therein shall arise if the
state shows by clear and convincing evidence:
1. The person was arr ested for a violation of subsection G of
Section 2-401 of Title 63 of the Oklahoma Statutes, relating to
manufacturing or attempting to manufacture a controlled dangerous
substance, or possessing any of the substances listed in subsection
G of Section 2-401 of Title 63 of the Oklahoma Statutes with the
intent to manufacture a controlled dangerous substance; and
2. The person is in any manner dependent upon a controlled
dangerous substance or has a pattern of regular illegal use of a
controlled dangerous su bstance, and the violation referred to in
paragraph 1 of this subsection was committed or attempted in order
to maintain or facilitate the dependence or pattern of illegal use
in any manner.
SECTION 2. AMENDATORY 22 O.S. 2011, Sec tion 1105.3, as
last amended by Section 1, Chapter 2, O.S.L. 2018 (22 O.S. Supp.
2020, Section 1105.3), is amended to read as follows:
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Section 1105.3 A. Any county pursuant to the provisions of
this act the Pretrial Release Act may establish and fund a p retrial
program to be utilized by the district court in that jurisdiction.
B. When a pretrial release program is established pursuant to
this act the Pretrial Release Act and private bail has not been
furnished, the judge may order a person to be evaluate d through the
pretrial program. After conducting an evaluation of the person
applying for pretrial release, the pretrial program shall make a
recommendation to the court. The recommendation shall indicate any
special supervisory conditions for pretrial r elease. The judge
shall consider the recommendations and may grant or deny pretrial
release. The presiding judge of the judicial district may issue a
standing order outlining criteria for cases that may automatically
be evaluated for pretrial release by a pretrial program operating in
the jurisdiction. The standing order may include amounts for bail
and types of bonds deemed appropriate for certain offenses.
C. Except as otherwise authorized by the provisions of this
subsection, persons accused of or de tained for any of the following
offenses or conditions shall not be eligible for pretrial release by
any pretrial program:
1. Aggravated driving under the influence of an intoxicating
substance;
2. Any felony driving under the influence of an intoxicatin g
substance;
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3. Any offense prohibited by the Trafficking In Illegal Drugs
Act;
4. Any person having a violent felony conviction within the
past ten (10) years;
5. Appeal bond;
6. Arson in the first degree, including attempts to commit
arson in the first degree;
7. Assault and battery on a police officer;
8. Bail jumping;
9. Bribery of a public official;
10. Burglary in the first or second degree;
11. Civil contempt proceedings;
12. Distribution of a controlled dangerous substance, including
the sale or possession of a controlled dangerous substance with
intent to distribute or conspiracy to distribute;
13. Domestic abuse, domestic assault or domestic assault and
battery with a dangerous weapon, or domestic assault and battery
with a deadly weapon ;
14. Driving under the influence of intoxicating substance where
property damage or personal injury occurs;
15. Felony discharging a firearm from a vehicle;
16. Felony sex offenses;
17. Fugitive bond or a governor 's fugitive warrant;
18. Immigration charges;
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19. Kidnapping;
20. Juvenile or youthful offender detention;
21. Manslaughter;
22. Manufacture of a controlled dangerous substance;
23. Murder in the first degree, including attempts or
conspiracy to commit murder in the first degree;
24. Murder in the second degree, including attempts or
conspiracy to commit murder in the second degree;
25. Negligent homicide;
26. Out-of-county holds;
27. Persons currently on pretrial release who are arrested on a
new felony offense;
28. Possession, manu facture, use, sale or delivery of an
explosive device;
29. Possession of a controlled dangerous substance on Schedule
I or II of the Controlled Dangerous Substances Act;
30. Possession of a firearm or other offensive weapon during
the commission of a fel ony;
31. Possession of a stolen vehicle;
32. Rape in the first degree, including attempts to commit rape
in the first degree;
33. Rape in the second degree, including attempts to commit
rape in the second degree;
34. Robbery by force or fear;
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35. Robbery with a firearm or dangerous weapon, including
attempts to commit robbery with a firearm or dangerous weapon;
36. Sexual assault or violent offenses against children;
37. Shooting with intent to kill;
38. Stalking or violation of a Victim Protection Order;
39. Two or more prior felony convictions; or
40. Unauthorized use of a motor vehicle.
D. A Other than a person accused of or detained for an offense
provided for in paragraph 13 or paragraph 38 of subsection C of this
section, a person not eligible for pretrial release pursuant to the
provisions of subsection C of this section may be released upon
order of a district judge, associate district judge or special judge
under conditions prescribed by the judge, which may include an order
to require the defendant, as a condition of pretrial release, to use
or participate in any monitoring or testing including, but not
limited to, a Global Positioning System (GPS) monitoring device and
urinalysis testing. The court may further order the defendant to
pay costs and expenses related to any supervision, monitoring or
testing.
E. Every pretrial services program operating pursuant to the
provisions of this act the Pretrial Release Act shall meet the
following minimum criteria:
1. The program shall establish a procedure for screening and
evaluating persons who are detained or have been arrested for the
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alleged commission of a crime. The program shall obtain criminal
history records on detained persons through the National Crime
Information Center (NCIC). The information obtained from the
screening and evaluation process must be submitted in a written
report without unnecessary delay to the judge who is assigned to
hear pretrial release applications when the person is eligible for
pretrial release;
2. The program shall provide reliable information to the judge
relating to the person applying for pretrial release so a reasonable
decision can be made concerning the amount and type of bail
appropriate for pretrial release. The information provided shall be
based upon facts relating to the person 's risk of danger to the
community and the risk of failure to appear for court; and
3. The program shall make all reasonable attempts to provide
the court with information appropriate to each person considered for
pretrial release.
F. A pretrial program established pursuant to this act the
Pretrial Release Act may provide different methods and levels of
community-based supervision to meet any court -ordered conditions of
release. The program may use existing supervision me thods for
persons who are released prior to trial. Pretrial programs which
employ peace officers certified by the Council on Law Enforcement
Education and Training (CLEET) are authorized to enforce court -
ordered conditions of release.
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G. Each pretrial pr ogram established pursuant to this act the
Pretrial Release Act shall provide a quarterly report to the
presiding judge of the judicial district of the jurisdiction in
which it operates. A copy of the report shall be filed of record
with the court clerk o f the jurisdiction. Each report shall
include, but is not limited to, the following information:
1. The total number of persons screened, evaluated or otherwise
considered for pretrial release;
2. The total number and nature of recommendations made;
3. The number of persons admitted to pretrial release that
failed to appear; and
4. Any other information deemed appropriate by the reporting
judicial district or that the program desires to report.
H. Every pretrial release program established pursuant to this
section shall utilize the services of local providers; provided,
however, any program in continuous existence since July 1, 1999,
shall be exempt from the provisions of this subsection.
SECTION 3. AMENDATORY 22 O.S. 2011, Se ction 1108.1, is
amended to read as follows:
Section 1108.1 A. Own recognizance bonds set in a penal amount
shall be posted by executing an own recognizance indenture contract
which shall be executed and maintained by the district court clerk.
The indenture shall constitute an inchoate obligation to pay in the
event forfeiture proceedings are commenced and result in a final
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order of forfeiture by the authorizing and issuing judge of the
district court.
B. Setting aside of forfeitures shall be governed b y the same
rules and procedures applicable to cash, property or surety bonds ,;
provided that, if the forfeiture is set aside, the district court
shall exempt from forfeiture set aside all reasonable costs of
recovery to return the defendant to custody, and an administrative
fee to be retained by the court fund in a sum not to exceed ten
percent (10%) of the total penal bond amount plus all costs incurred
in processing the forfeiture proceeding to include costs of notices,
warrants, service and execution.
C. The final judgment of forfeiture shall constitute a judgment
enforceable through all procedures available for the collection of a
civil judgment, provided that the judgment shall be considered a
debt in the nature of defalcation as defined by the United States
Bankruptcy Code, and shall not be subject to other forms of debtor
relief. The judgment shall be subject to collection as costs in the
underlying action regardless of final disposition or determination
of guilt.
D. The district attorney or the Adm inistrator of the District
Court Cost Collection Division as determined by administration order
in each judicial district shall initiate the forfeiture action and
collection of forfeitures and shall receive one -third (1/3) of all
sums collected from the te n-percent (10%) premium, not to include
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costs as defined in subsection B of this section, to offset the
costs of administering the program.
E. This section does not apply to traffic:
1. Traffic or wildlife cases;
2. Cases concerning vi olations of emergency ex parte or final
protective orders, as provided in Sections 60.2 and 60.3 of this
title;
3. Domestic abuse cases, as provided in Section 644 of Title 21
of the Oklahoma Statutes; and
4. Stalking or harassment cases, as provided in Section 1173 of
Title 21 of the Oklahoma Statutes .
SECTION 4. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS,
dated 02/25/2021 - DO PASS, As Coauthored.