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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2733 By: Kendrix
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. Sections 180 and 181, which relate to bail
procedures; providing time limitation for bail
hearings; amending 21 O.S. 2021, Section 1105, which
relates to discharge or release on bail; providing
time limitation for bail hearings; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 180, is
amended to read as follows:
Section 180. When, by the preceding sections of this chapter,
the defendant is required to be taken before the magistrate who
issued the warrant, he may the defendant shall, if the magistrate be
absent or unable to act, be taken before the nearest or most
accessible magistrate in the same county or nearest adjoining
county, if necessary, no later than seventy-two (72) hours after
arrest. The officer must shall, at the same time, deliver to the
magistrate the warrant, with the return endorsed and subscribed by
him the officer.
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SECTION 2. AMENDATORY 22 O.S. 2021, Section 181, is
amended to read as follows:
Section 181. The defendant must shall, in all cases, be taken
before the magistrate without unnecessary delay and no later than
seventy-two (72) hours after arrest.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 1105, is
amended to read as follows:
Section 1105. A. Except as otherwise provided by this section,
upon the allowance of bail and the execution of the requisite
recognizance, bond, or undertaking to the state, the magistrate,
judge, or court shall, if the defendant is in custody, make and sign
an order for discharge no later than seventy-two (72) hours after
arrest. The court, in its discretion, may prescribe by court rule
the conditions under which the court clerk or deputy court clerk, or
the sheriff or deputy sheriff, may prepare and execute an order of
release on behalf of the court.
B. No police officer or sheriff may release a person arrested
for a violation of an ex parte or final protective order as provided
in Sections 60.2 and 60.3 of this title, or arrested for an act
constituting domestic abuse as specified in Section 644 of Title 21
of the Oklahoma Statutes, or arrested for any act constituting
domestic abuse, stalking or harassment as defined by Section 60.1 of
this title, or arrested for an act constituting domestic assault and
battery or domestic assault and battery with a deadly weapon
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pursuant to Section 644 of Title 21 of the Oklahoma Statutes,
without the violator appearing before a magistrate, judge or court.
To the extent that any of the following information is available to
the court, the magistrate, judge or court shall consider, in
addition to any other circumstances, before determining bond and
other conditions of release as necessary for the protection of the
alleged victim, the following:
1. Whether the person has a history of domestic violence or a
history of other violent acts;
2. The mental health of the person;
3. Whether the person has a history of violating the orders of
any court or governmental entity;
4. Whether the person is potentially a threat to any other
person;
5. Whether the person has a history of abusing alcohol or any
controlled substance;
6. Whether the person has access to deadly weapons or a history
of using deadly weapons;
7. The severity of the alleged violence that is the basis of
the alleged offense including, but not limited to:
a. the duration of the alleged violent incident,
b. whether the alleged violent incident involved serious
physical injury,
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c. whether the alleged violent incident involved sexual
assault,
d. whether the alleged violent incident involved
strangulation,
e. whether the alleged violent incident involved abuse
during the pregnancy of the alleged victim,
f. whether the alleged violent incident involved the
abuse of pets, or
g. whether the alleged violent incident involved forcible
entry to gain access to the alleged victim;
8. Whether a separation of the person from the alleged victim
or a termination of the relationship between the person and the
alleged victim has recently occurred or is pending;
9. Whether the person has exhibited obsessive or controlling
behaviors toward the alleged victim including, but not limited to,
stalking, surveillance, or isolation of the alleged victim;
10. Whether the person has expressed suicidal or homicidal
ideations; and
11. Any information contained in the complaint and any police
reports, affidavits, or other documents accompanying the complaint.
C. A person arrested for:
1. A violation of an ex parte or final protective order as
provided in Sections 60.2 and 60.3 of this title;
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2. An act constituting domestic abuse, domestic assault and
battery or domestic assault and battery with a deadly weapon as
specified in Section 644 of Title 21 of the Oklahoma Statutes; or
3. An act constituting domestic abuse, stalking or harassment
as defined by Section 60.1 of this title,
shall not be eligible for a personal recognizance bond pursuant to
Section 1108.1 of this title.
D. No police officer or sheriff may release a person arrested
for any violation of subsection G of Section 2-401 of Title 63 of
the Oklahoma Statutes, without the violator appearing before a
magistrate, judge, or court. In determining bond and other
conditions of release, the magistrate, judge, or court shall
consider any evidence that the person is in any manner dependent
upon a controlled dangerous substance or has a pattern of regular,
illegal use of any controlled dangerous substance. A rebuttable
presumption that no conditions of release on bond would assure the
safety of the community or any person therein shall arise if the
state shows by clear and convincing evidence:
1. The person was arrested for 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 possessing any of the substances listed in subsection
G of Section 2-401 of Title 63 of the Oklahoma Statutes with the
intent to manufacture a controlled dangerous substance; and
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2. The person is in any manner dependent upon a controlled
dangerous substance or has a pattern of regular illegal use of a
controlled dangerous substance, and the violation referred to in
paragraph 1 of this subsection was committed or attempted in order
to maintain or facilitate the dependence or pattern of illegal use
in any manner.
SECTION 4. This act shall become effective November 1, 2025.
60-1-12140 GRS 01/06/25