Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB981 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	SB981 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
	3	+	ENGR. S. B. NO. 981 Page 1 1
5	4		2
6	5		3
7	6		4
8	7		5
9	8		6
10	9		7
11	10		8
12	11		9
13	12		10
14	13		11
15	14		12
16	15		13
17	16		14
18	17		15
19	18		16
20	19		17
21	20		18
22	21		19
23	22		20
24	23		21
25	24		22
26	25		23
27	26		24
28		-
29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	1st Session of the 60th Legislature (2025)
34	27
35	28		ENGROSSED SENATE
36	29		BILL NO. 981 By: Gollihare of the Senate
37	30
38	31		and
39	32
40	33		Ford of the House
41	34
42	35
43	36
44	37
45	38		An Act relating to bail; amending 22 O.S. 2021,
46	39		Section 1101, as last amended by Section 1, Chapter
47	40		54, O.S.L. 2024 (22 O.S. Supp. 2024, Section 1101),
48	41		which relates to offenses bailable; authorizing
49	42		denial of bail under certain circumstance ; updating
50	43		statutory reference; updating statutory language; and
51	44		providing an effective date .
52	45
53	46
54	47
55	48
56	49
57	50		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	51		SECTION 1. AMENDATORY 22 O.S. 2021, Section 1101, as
59	52		last amended by Section 1, Chapter 54, O.S.L. 2024 (22 O.S. Supp.
60	53		2024, Section 1101), is amended to read as follows:
61	54		Section 1101. A. Except as otherwise provided by law, bail, by
62	55		sufficient sureties, shall be admitted upon all arrests in criminal
63	56		cases where the offense is not punishable by death and in such cases
64	57		it may be taken by any of the persons or courts autho rized by law to
65	58		arrest, to imprison offenders or to perform pretrial services, or by
	59	+	the clerk of the district court or his or her deputy, or by the
	60	+	judge of such courts.
	61	+	B. In criminal cases where the defendant is currently an
	62	+	escaped prisoner from the Department of Corrections, the defendant
66	63
67		-	SB981 HFLR Page 2
68		-	BOLD FACE denotes Committee Amendments. 1
	64	+	ENGR. S. B. NO. 981 Page 2 1
69	65		2
70	66		3
71	67		4
72	68		5
73	69		6
74	70		7
75	71		8
76	72		9
77	73		10
78	74		11
79	75		12
80	76		13
81	77		14
82	78		15
83	79		16
84	80		17
85	81		18
86	82		19
87	83		20
88	84		21
89	85		22
90	86		23
91	87		24
92	88
93		-	the clerk of the district court or his or her deputy, or by the
94		-	judge of such courts.
95		-	B. In criminal cases where the defendant is currently an
96		-	escaped prisoner from the Department of Corrections, the defendant
97	89		must be processed back into the Department of C orrections prior to
98	90		bail being set on new criminal charges.
99	91		C. All persons shall be bailable by sufficient sureties, except
100	92		that bail may be denied for:
101	93		1. Capital offenses when the proof of guilt is evident, or the
102	94		presumption thereof is great;
103	95		2. Violent offenses;
104	96		3. Offenses where the maximum sentence may be life imprisonment
105	97		or life imprisonment without parole;
106	98		4. Felony offenses where the person charged with the offense
107	99		has been convicted of two or more felony offenses arising out of
108	100		different transactions; and
109	101		5. Controlled dangerous substances offenses where the maximum
110	102		sentence may be at least ten (10) years ’ imprisonment; and
111	103		6. Driving under the influence of alcohol or other intoxicating
112	104		substance if such person has previously been convicted with two
113	105		felonies for driving under the influence of alcohol or other
114	106		intoxicating substance .
115	107		On all offenses specified in paragraphs 2 through 5 6 of this
116	108		subsection, the proof of guilt must be evident, or the presumption
	109	+	must be great, and it must be on the grounds that no condition of
	110	+	release would assure the safety of the community or any person.
	111	+	D. There shall be a rebuttable presumption that no condition of
	112	+	release would assure the safety of the community if the state shows
117	113
118		-	SB981 HFLR Page 3
119		-	BOLD FACE denotes Committee Amendments. 1
	114	+	ENGR. S. B. NO. 981 Page 3 1
120	115		2
121	116		3
122	117		4
123	118		5
124	119		6
125	120		7
126	121		8
127	122		9
128	123		10
129	124		11
130	125		12
131	126		13
132	127		14
133	128		15
134	129		16
135	130		17
136	131		18
137	132		19
138	133		20
139	134		21
140	135		22
141	136		23
142	137		24
143	138
144		-	must be great, and it must be on the grounds that no condition of
145		-	release would assure the safety of the community or any person.
146		-	D. There shall be a rebuttable presumption that no c ondition of
147		-	release would assure the safety of the community if the state shows
148	139		by clear and convincing e vidence that the person was arrested for a
149	140		violation of Section 741 of Title 21 of the Oklahoma Statutes.
150	141		E. If the person was arrested for any crime provided for in the
151	142		Protection from Domestic Abuse Act or a violent crime provided for
152	143		in Section 571 of Title 57 of the Oklahoma Statutes, the court shall
153	144		be responsible for assessing prior patterns of abuse and shall
154	145		present written findings on the bail amount.
155	146		F. There shall be a rebuttable presumption that no conditions
156	147		of release on bond would assure th e safety of the community or any
157	148		person therein if the state shows by clear and convincing evidence
158	149		that:
159	150		1. The person was arrested for a violent offense and released
160	151		on bond; and
161	152		2. While out on said bond, the person was subsequently arrested
162	153		and charged for a violent crime as set forth for in Section 571 of
163	154		Title 57 of the Oklahoma Statutes.
164	155		SECTION 2. This act shall become effective November 1, 2025 .
165	156
166		-	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY AND PUBLIC SAFETY, dated
167		-	04/17/2025 – DO PASS.
	157	+	ENGR. S. B. NO. 981 Page 4 1
	158	+	2
	159	+	3
	160	+	4
	161	+	5
	162	+	6
	163	+	7
	164	+	8
	165	+	9
	166	+	10
	167	+	11
	168	+	12
	169	+	13
	170	+	14
	171	+	15
	172	+	16
	173	+	17
	174	+	18
	175	+	19
	176	+	20
	177	+	21
	178	+	22
	179	+	23
	180	+	24
	181	+
	182	+	Passed the Senate the 12th day of March, 2025.
	183	+
	184	+
	185	+
	186	+	Presiding Officer of the Senate
	187	+
	188	+
	189	+	Passed the House of Representatives the ____ day of __________,
	190	+	2025.
	191	+
	192	+
	193	+
	194	+	Presiding Officer of the House
	195	+	of Representatives
	196	+