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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 657 By: Rogers
AS INTRODUCED
An Act relating to bail; amending 22 O.S. 2021,
Section 1101, as amended by Section 1, Chapter 117,
O.S.L. 2022 (22 O.S. Supp. 2022 , Section 1101), which
relates to offenses bailable; prohibiting court s from
discontinuing cash bail; authorizing other means in
addition to cash bail; and prov iding an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1101, as
amended by Section 1, Chapter 117, O.S.L. 2022 (22 O.S. Supp. 2022,
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 arres ts 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 servi ces, or by
the clerk of the district court or his or her deputy, or by the
judge of such courts.
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B. In criminal cases where the defendant is currently an
escaped prisoner from the Department of Correction s, the defendant
must be processed back into the De partment 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:
1. Capital offenses when the proof of guilt is evident, or the
presumption thereof is gr eat;
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 i t 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 condit ion of
release would assure the safety of the commu nity 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.
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E. If the person was arrested for any crime provided for in the
Protection from Domestic Abuse Act o r 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.
F. No court in this state shall discontinue the use of cash
bail; provided, however, any court may utilize own reco gnizance
bonds, electronic monitoring, and other means in addition to cash
bail.
SECTION 2. This act shall become effective November 1, 2023.
59-1-190 TEK 1/18/2023 10:34:19 AM