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SENATE FLOOR VERSION - SB1878 SFLR Page 1
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SENATE FLOOR VERSION
February 17, 2026
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1878 By: Hamilton
An Act relating to criminal procedure; defining term;
authorizing bail to be met with a surety bond;
prohibiting differing bond amounts based on type of
payment; requiring the Court of Criminal Appeals to
adopt a uniform statewide bond schedule; prohibiting
downward deviations from the uniform statewide bond
schedule; authorizing the Court of Criminal Appeals
to authorize downward deviations in certain
circumstances; authorizing judges to increase bond
without approval; authorizing judicial discretion in
individual cases; prohibiting bond in certain
circumstances; amending 59 O.S. 2021, Section 1334,
which relates to bail; prohibiting release of certain
defendants; making language gender neutral; updating
statutory language; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 457.1 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section, “bond” includes any and all forms
of pretrial release.
B. Any monetary or cash component of any form of pretrial
release may be met by a surety bond. Different monetary amounts may
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not be set forth for cash, surety, or other forms of pretrial
release. Except as authorized in subsection C of this section, only
a judge may set, reduce, or otherwise alter a defendant’s bond.
Upon motion of a defendant or on the court’s own motion, a court may
reconsider the monetary component of a defendant’s bond if he or she
is unable to post a monetary bond.
C. 1. Except as provided in subsection D of this section,
beginning January 1, 2027, and annually thereafter, the Court of
Criminal Appeals shall adopt a uniform statewide bond schedule for
misdemeanor offenses for which a person may be released on bond
before and in lieu of his or her initial appearance or bond
determination. The Court shall make the uniform statewide bond
schedule available to each judicial district.
2. The chief judge of a judicial district shall not establish a
local bond schedule that sets a lower bond amount than that required
by the uniform statewide bond schedule for the purpose of setting a
defendant’s bond before an initial appearance or bond determination.
The chief judge of a judicial district may petition the Court of
Criminal Appeals for approval of a local bond schedule that sets a
lower bond amount than is required by the uniform statewide bond
schedule. If the Court reviews and approves the local bond
schedule, such schedule may be used for the purpose of setting a
defendant’s bond before an initial appearance or bond determination
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pending the adoption of a revised uniform statewide bond schedule
pursuant to paragraph 1 of this subsection.
3. The chief judge of a judicial district may establish a local
bond schedule that increases the monetary bond applicable to an
offense that is included in the uniform statewide bond schedule
adopted by the Court of Criminal Appeals. Such a deviation from the
uniform statewide bond schedule shall not require approval by the
Court.
4. In adopting the uniform statewide bond schedule or reviewing
a petition for a local bond schedule that deviates from the uniform
statewide bond schedule, the Court of Criminal Appeals shall
evaluate the amount of monetary bond necessary to protect the
community from risk of physical harm, to assure the presence of the
defendant at trial, and to protect the integrity of the judicial
process.
5. The uniform statewide bond schedule shall not bind a judge
in an individual case who is presiding over an initial appearance or
making a bond determination.
D. A person shall not be released before his or her initial
appearance or bond determination if the person:
1. Is currently on probation in this state or any other state
at the time of arrest;
2. Is designated as a sex offender or sexual predator in this
state or any other state;
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3. Is arrested for violating a protective injunction;
4. Is already on bond for any other offense;
5. Has, at any time prior to the current arrest, failed to
appear at a required court proceeding while on bond;
6. Has been arrested three (3) or more times in the six (6)
months immediately preceding his or her arrest for the current
offense; or
7. Is currently under arrest for any domestic abuse offense.
SECTION 2. AMENDATORY 59 O.S. 2021, Section 1334, is
amended to read as follows:
Section 1334. A. Any person in custody before a court or
magistrate of the State of Oklahoma this state subject to discretion
of the court may be admitted to bail on his or her personal
recognizance subject to such conditions as the court or magistrate
may reasonably prescribe to assure his or her appearance when
required.
B. When a person is admitted to bail on his or her personal
recognizance, the court or magistrate may determine an amount of
money, property, or securities which shall be paid or forfeited as a
penalty by the defendant for failure to comply with the terms of his
or her admission to bail on personal recognizance. This penalty
shall be in addition to the penalties provided for in Section 1335
of this title.
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C. Any person admitted to bail as herein provided in this
section shall be fully appraised apprised by the court or magistrate
of the penalties provided for failure to comply with the terms of
his or her recognizance and, upon a failure of compliance, a warrant
for the arrest of such person shall be issued forthwith.
D. Any person admitted to bail as provided in this section who
has previously failed to comply with the terms of his or her
recognizance shall not be eligible for any subsequent release on his
or her personal recognizance.
SECTION 3. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON LOCAL AND COUNTY GOVERNMENT
February 17, 2026 - DO PASS AS AMENDED BY CS