An Act
ENROLLED HOUSE
BILL NO. 4194 By: Echols and Roe of the House
and
Thompson of the Senate
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 1101, which relate s to persons
authorized to take bail; directing courts to assess
patterns of abuse and present written findings for
persons arrested for certain crimes; and providing an
effective date.
SUBJECT: Criminal procedure
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1101, is
amended to read as follows:
Section 1101. A. Except as otherwise provided by law, bail , by
sufficient sureties, shall be admitted upon all arrests in criminal
cases where the offense is not punishable by death and in such cases
it may be taken by any of the persons or courts authorized by law to
arrest, to imprison offenders or to perform pretrial services, or by
the clerk of the district court or his or her deputy, or by the
judge of such courts.
B. In criminal cases where the defendant is currently an
escaped prisoner from the Department of Corrections, the defendant
must be processed back into the Department of Corrections prior to
bail being set on new criminal charges.
C. All persons shall be bailab le by sufficient sureties, except
that bail may be denied for:
ENR. H. B. NO. 4194 Page 2
1. Capital offenses when the proof of gu ilt is evident, or the
presumption thereof is great;
2. Violent offenses;
3. Offenses where the maximum sentence may be life imprisonment
or life imprisonment without parole;
4. Felony offenses where the person charged with the offense
has been convicted of two or more felony offenses arising out of
different transactions; and
5. Controlled dangerous substances offenses where the maximum
sentence may be at least ten (10) years' imprisonment.
On all offenses specified in paragraphs 2 through 5 of this
subsection, the proof of guilt must be evident, or the presumption
must be great, and it must be on the grounds that no condition of
release would assure the safety of the community or any person.
D. There shall be a rebuttable presumption that no condition of
release would assure the safety of the community if the state shows
by clear and convincing evidence that the person was arrested for a
violation of Section 741 of Title 21 of the Oklahoma Statutes.
E. If the person was arrested for any crime provided for in the
Protection from Domestic Abuse Act or a violent crime provided for
in Section 571 of Title 57 of the Oklahoma Statutes, the court shall
be responsible for assessing prior patterns of abuse and shall
present written findings on the bail amount.
SECTION 2. This act shall become effective November 1, 2022.
ENR. H. B. NO. 4194 Page 3
Passed the House of Representatives the 21st day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 26th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______ , at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________