Oklahoma 2022 Regular Session

Oklahoma House Bill HB4194 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 4194 By: Echols and Roe of the House
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	3	+	SENATE FLOOR VERSION - HB4194 SFLR Page 1
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	29	+	SENATE FLOOR VERSION
	30	+	April 5, 2022
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	33	+	ENGROSSED HOUSE
	34	+	BILL NO. 4194 By: Echols of the House
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5	36		and
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7	38		Thompson of the Senate
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14	43		An Act relating to criminal procedure; amending 22
15	44		O.S. 2021, Section 1101, which relate s to persons
16	45		authorized to take bail; directing courts to assess
17	46		patterns of abuse and present written findings for
18	47		persons arrested for certain crimes; and providing an
19	48		effective date.
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24		-	SUBJECT: Criminal procedure
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26	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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28	54		SECTION 1. AMENDATORY 22 O.S. 2021, Section 1101, is
29	55		amended to read as follows:
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31	56		Section 1101. A. Except as otherwise provided by law, bail , by
32	57		sufficient sureties, shall be admitted upon all arrests in criminal
33	58		cases where the offense is not punishable by death and in such cases
34	59		it may be taken by any of the persons or courts authorized by law to
35	60		arrest, to imprison offenders or to perform pretrial services, or by
36	61		the clerk of the district court or his or her deputy, or by the
37	62		judge of such courts.
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39	63		B. In criminal cases where the defendant is currently an
40	64		escaped prisoner from the Department of Corrections, the defendant
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	66	+	SENATE FLOOR VERSION - HB4194 SFLR Page 2
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41	92		must be processed back into the Department of Corrections prior to
42	93		bail being set on new criminal charges.
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44	94		C. All persons shall be bailab le by sufficient sureties, except
45	95		that bail may be denied for:
46		-	ENR. H. B. NO. 4194 Page 2
47	96		1. Capital offenses when the proof of gu ilt is evident, or the
48	97		presumption thereof is great;
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50	98		2. Violent offenses;
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52	99		3. Offenses where the maximum sentence may be life imprisonment
53	100		or life imprisonment without parole;
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55	101		4. Felony offenses where the person charged with the offense
56	102		has been convicted of two or more felony offenses arising out of
57	103		different transactions; and
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59	104		5. Controlled dangerous substances offenses where the maximum
60	105		sentence may be at least ten (10) years' imprisonment.
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62	106		On all offenses specified in paragraphs 2 through 5 of this
63	107		subsection, the proof of guilt must be evident, or the presumption
64	108		must be great, and it must be on the grounds that no condition of
65	109		release would assure the safety of the community or any person.
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67	110		D. There shall be a rebuttable presumption that no condition of
68	111		release would assure the safety of the community if the state shows
69	112		by clear and convincing evidence that the person was arrested for a
70	113		violation of Section 741 of Title 21 of the Oklahoma Statutes.
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72	114		E. If the person was arrested for any crime provided for in the
73	115		Protection from Domestic Abuse Act or a violent crime provided for
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74	143		in Section 571 of Title 57 of the Oklahoma Statutes, the court shall
75	144		be responsible for assessing prior patterns of abuse and shall
76	145		present written findings on the bail amount.
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78	146		SECTION 2. This act shall become effective November 1, 2022.
79		-	ENR. H. B. NO. 4194 Page 3
80		-	Passed the House of Representatives the 21st day of March, 2022.
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85		-	Presiding Officer of the House
86		-	of Representatives
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89		-	Passed the Senate the 26th day of April, 2022.
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94		-	Presiding Officer of the Senate
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98		-	OFFICE OF THE GOVERNOR
99		-	Received by the Office of the Governor this ____________________
100		-	day of ___________________, 20_______ , at _______ o'clock _______ M.
101		-	By: _________________________________
102		-	Approved by the Governor of the State of Oklahoma this _____ ____
103		-	day of ___________________, 20_______, at _______ o'clock _______ M.
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105		-
106		-	_________________________________
107		-	Governor of the State of Oklahoma
108		-
109		-	OFFICE OF THE SECRETARY OF STATE
110		-	Received by the Office of the Secretary of State this __________
111		-	day of ___________________, 20_______, at _______ o'clock _______ M.
112		-	By: _________________________________
113		-
	147	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
	148	+	April 5, 2022 - DO PASS