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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
ENGROSSED SENATE
BILL NO. 981 By: Gollihare of the Senate
and
Ford of the House
An Act relating to bail; amending 22 O.S. 2021,
Section 1101, as last amended by Section 1, Chapter
54, O.S.L. 2024 (22 O.S. Supp. 2024, Section 1101),
which relates to offenses bailable; authorizing
denial of bail under certain circumstance ; updating
statutory reference; updating statutory language; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1101, as
last amended by Section 1, Chapter 54, O.S.L. 2024 (22 O.S. Supp.
2024, Section 1101), is amended t o 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 perso ns or courts authorized by law to
arrest, to imprison offenders or to perform pretrial services, or by
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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 bailable by sufficient sureties, except
that bail may be denied fo r:
1. Capital offenses when the proof of guilt 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 perso n 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; and
6. Driving under the influence of alcohol or other intoxicating
substance if such person has previously been convicted with two
felonies for driving under the influence of alcohol or other
intoxicating substance .
On all offenses specified in paragraphs 2 through 5 6 of this
subsection, the proof of guilt must be evident, or the presumption
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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 c ondition of
release would assure the safety of the community if the state shows
by clear and convincing e vidence 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.
F. There shall be a rebuttable presumption that no conditions
of release on bond would assure th e safety of the community or any
person therein if the state shows by clear and convincing evidence
that:
1. The person was arrested for a violent off ense and released
on bond; and
2. While out on said bond, the person was subsequently arrested
and charged for a violent crime as set forth for in Section 571 of
Title 57 of the Oklahoma Statutes.
SECTION 2. This act shall become effectiv e November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY, dated
04/17/2025 – DO PASS.