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STATE OF OKLAHOMA
1st Session of the 59th Legislature (202 3)
HOUSE BILL 2465 By: Hill
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 1105.2, which relates to the
Pretrial Release Act; updating statutory references;
modifying bail procedures fo r arrested persons;
requiring bond hearing within certain time following
arrest; allowing certain p ersons to be released on
own recognizance bonds; directing courts to set the
least restrictive conditions; allowing for the
postponement of releasing certain arrested persons;
providing for representation at hearings; providing
exemption from time limitation; allowing sheriffs and
other peace officers to take bail under certain
circumstances; prohibiting persons arrested for
specific crimes from participating in pretrial
release program; directing certain persons to use
pretrial bail schedule for setting bail; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O. S. 2021, Section 1105.2, is
amended to read as follows:
Section 1105.2 A. Following an arrest for a misdemeanor or
felony offense and before formal charges have been filed or an
indictment made, the arrested person may shall have bail set by the
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court as provided in this act the Pretrial Release Act; provided
there are no provisions of law to the contrary.
B. When formal charges or an indictment has been filed, bail
shall be set according to law and the pretrial bo nd, if any, may be
reaffirmed unless ad ditional security is required. If not otherwise
released, the arrested person shall be taken without unnecessary
delay before the most accessible magistrate in that county for a
bond hearing. Except where prohibite d by law, in no case shall the
delay from arrest to bond hearing be more than forty-eight (48)
hours after the arrest of the person. Except for cases where the
arrested person is charge d or being held on a probable cause warrant
for an offense listed in subsection F of this section, if the
arrested person is unable to obtain a surety for the bond or is
unable to deposit money in the amount of the bond, the person may be
released pursuant to an own recognizance bond. In all cases, the
court shall set the le ast restrictive conditions necessary to
reasonably assure the appearance of the person.
C. Except for good cause, on the filing of an application by
the district attorney, a judge may hold a hearing to postpone the
release of the arrested person pursuant to subsection B of this
section for not more than seventy-two (72) hours after the arrest of
the person. The person shall have the right to be represented by
counsel and, if financially unable to obtain adeq uate
representation, to have counsel appointed f or the limited purpose of
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the hearing. In counties served by the Oklahoma Indigent Defense
System, attorneys employed by or contracted with the Oklahoma
Indigent Defense System may be appointed pursuant to the provisions
of Section 1355A of this title to represent the person. If the
court finds that the presence of counsel at the hearing is
impractical it may be conducted via telep hone conference or video
call.
D. The time limit imposed pursuant to subsection B of this
section shall not apply to a person arrested and taken to a
hospital, clinic, or other medical facility before making an
appearance before the judge. For a person described by this
subsection, the time limit imposed pursuant to subsection B of this
section starts at the time a physician or other medical professional
releases the person from the hospital, clinic, or medical facility,
as documented in the records of the hospital, clinic, or medical
facility.
E. If the court is not in session in the county where t he
arrested person is in custody, the sheriff or other peace office r
who has the arrested person in custody may take the bail of the
person in the amount set forth in the pretrial bail schedule or, if
no amount has been set, the sheriff or other peace officer shall
release the person on the least restrictive conditions which may
include the personal bond, cash bond, or surety bond necessary to
reasonably ensure the appearance of the person in court and the
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safety of the public, or Global Positioning System (GPS) monitoring,
or a combination of the two. If the person is unable to obtain a
surety for the bond or is unable to deposit money in the amount of
the bond, the person may be released on an own recognizance bond.
F. The provisions set forth in this section shall not apply to
persons arrested for the following violations:
1. An ex parte or final protective order as provided in
Sections 60.2 and 60.3 of this title, an act constituting domest ic
abuse, as provided for in Sections 644, 645 and 647 of Title 21 of
the Oklahoma Statutes, or an act of stalking or harassment , as
provided for in Section 1173 of Title 21 of the Oklahoma Statutes;
2. 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 possessi ng any of
the substances listed in subsection G of Section 2-401 of Title 63
of the Oklahoma Statutes with the inte nt to manufacture a controlled
dangerous substance;
3. A capital offense when the proof of guilt is ev ident, or the
presumption thereof is great;
4. A violent offense as provided for in Section 571 of Title 57
of the Oklahoma Statutes;
5. A kidnapping offense as provided for in Section 741 of Title
21 of the Oklahoma Statutes; and
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6. A felony offense involving escape or attempt to escape from
lawful arrest or confinement as provided for in Section 434, 436,
443 or 444 of Title 21 of the Oklahoma Statutes.
G. Every judicial district may, upon the order of the presiding
judge for the district, establish a pretrial bail schedule for use
by the sheriff or other peace officer of the detention facility to
set bail prior to the initial appearance of the person before a
court for felony or misdemeanor offenses , except for traffic . Any
such pretrial bail s chedule shall not apply to traffic offenses
included in subsections B, C and D of Section 1115.3 of Title 22 of
the Oklahoma Statutes this title and those offenses sp ecifically
excluded herein. The bail schedule est ablished pursuant to the
authority of this act the Pretrial Release Act shall exclude any
offense for which bail is not allowed by law. The bail schedule
authorized by this act the Pretrial Release Act shall be set in
accordance with guidelines relating to bail and shall be published
and reviewed by March 1 of each year by the courts and district
attorney of the judicial district.
C. H. The pretrial bail shall be set in a numerical dollar
amount. If the person fails to appear in court as required the
judge shall:
1. Rescind the bond and proceed to enter a judgment against the
defendant for the dollar amount of the pretrial bail if no private
bail was given at the time of release; provided, h owever, the court
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clerk shall follow the procedures as set forth in Section 1301 et
seq. of Title 59 of the Ok lahoma Statutes in collecting the
forfeiture amount against the person who fails to appear in court;
or
2. Rescind and forfeit the private bail i f cash, property or
surety bail was furnished at the time of release as set forth in
Section 1301 et seq. of T itle 59 of the Oklahoma Statutes.
D. I. When a pretrial program exists in the judicial district
where the person is being held, the judge may uti lize the services
of the pretrial release program when ordering pretrial release,
except when private bail has been furnished.
E. J. Upon an order for pretrial release or release on bond,
the person shall be released from custody without undue delay.
F. K. The court may require the person to be placed on an
electronic monitoring device as a condition of pretrial release.
G. L. In instances where an electronic monitoring device has
been ordered, the court may impose payment of a supervision fee.
Payment of the fee, in whole or according to a court-ordered
installment schedule, shall be a condition of pretrial re lease. The
court clerk shall collect the supervision fees.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5221 GRS 01/11/23