Read the full stored bill text
Req. No. 14002 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3756 By: Sterling
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 1105, as amended by Section 1,
Chapter 172, O.S.L. 2025 (22 O.S. Supp. 2025, Section
1105), which relates to release on bail; modifying
and deleting conditions related to bail procedures;
providing appearance requirements and compliance with
conditions imposed by the court; specifying
compliance with certain provision of the Uniform
Criminal Extradition Act; providing for advance
waivers of extradition under certain circumstances;
stating requirements of waiver; directing the court
or magistrate to provide certain written notice to
the defendant; requiring signature and acknowledgment
of notice; providing for the filing of notices with
bonds; declaring written acknowledgment by the
defendant as consent for delivery of the defendant;
construing advanced waivers as being in harmony with
the Uniform Criminal Extradition Act; clarifying
certain rights of defendants; providing for
codification; 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, as
amended by Section 1, Chapter 172, O.S.L. 2025 (22 O.S. Supp. 2025,
Section 1105), is amended to read as follows:
Section 1105. A. Except as otherwise provided by this section,
upon the allowance of When a defendant is admitted to bail and, the
Req. No. 14002 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
execution of the requisite recognizance, bond, or undertaking to the
state, the magistrate, judge, or court shall, if shall be
conditioned upon the appearance of the defendant is in custody, make
and sign an order for discharge. The before the court, in its
discretion, may prescribe by court rule the at such times as may be
ordered and upon compliance with all lawful 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
imposed by 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
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 In all felony cases where bail is granted, the conditions of
Req. No. 14002 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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,
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,
Req. No. 14002 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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;
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.
Req. No. 14002 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
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.
Req. No. 14002 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. No police officer or sheriff may release a person arrested
for a second or subsequent violation of Section 11-902 of Title 47
of the Oklahoma Statutes, without the granting of bail by a
magistrate, court, judge, or on-call judge, whether by telephone or
in person. In determining bond and other conditions of release, the
magistrate, judge, on-call judge or court shall consider any
evidence that the person is in any manner dependent upon alcohol or
a controlled dangerous substance or has a pattern of regular abuse
of alcohol or the illegal use of any controlled dangerous substance.
If the person was arrested for any crime provided for in Section 11-
902 of Title 47 of the Oklahoma Statutes, the court shall consider
the threat the person poses to the public safety and shall present
written findings on the bail amount shall include compliance with
the provisions of Section 2 of this act regarding advance waiver of
extradition upon flight from the State of Oklahoma.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1141.31 of Title 22, unless
there is created a duplication in numbering, reads as follows:
A. In any felony criminal proceeding in this state, when a
defendant is admitted to bail, the execution or posting of bond
shall constitute a knowing and voluntary agreement by the defendant
that if the defendant fails to appear, as required, flees the State
of Oklahoma to avoid prosecution, and is thereafter apprehended in
Req. No. 14002 Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
another jurisdiction, the defendant waives the right to contest
extradition to the State of Oklahoma.
B. The waiver provided for in subsection A of this section
shall include a waiver of:
1. The issuance and service of a warrant of the Governor
pursuant to the Uniform Criminal Extradition Act; and
2. The right to seek habeas corpus relief or other judicial
proceedings challenging extradition, to the fullest extent permitted
by law.
C. At the time bond is approved, the court or magistrate shall
provide the defendant with a written notice stating the following:
"By posting this bond, you agree that if you fail to appear in
court and are arrested in another state or territory, you waive your
right to fight extradition back to Oklahoma, including the right to
a warrant of the Governor and an extradition hearing."
The defendant shall sign an acknowledgment of receipt and
understanding of the notice, which shall be filed with the bond and
become part of the court record.
D. Upon proof that a defendant subject to this section has
failed to appear and is detained in another jurisdiction, the
written acknowledgment shall constitute sufficient legal consent for
the immediate delivery of the defendant to authorized Oklahoma law
enforcement officers.
Req. No. 14002 Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. The provisions of this section shall be construed in harmony
with the Uniform Criminal Extradition Act and shall be deemed an
advance implementation of the waiver authorized under Section
1141.25 of Title 22 of the Oklahoma Statutes. Nothing in this
section shall impair the right of a defendant to contest mistaken
identity.
SECTION 3. This act shall become effective November 1, 2026.
60-2-14002 GRS 01/06/26