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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1256 By: Hines
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6 AS INTRODUCED
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7 An Act relating to bail; amending 22 O.S. 2021,
7 Section 1105, as amended by Section 1, Chapter 172,
8 O.S.L. 2025 (22 O.S. Supp. 2025, Section 1105), which
8 relates to defendant discharged on giving bail;
9 requiring ignition interlock device for certain
9 defendant; and providing an effective date.
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1 2 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1105, as
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1 4 amended by Section 1, Chapter 172, O.S.L. 2025 (22 O.S. Supp. 2025,
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1 5 Section 1105), is amended to read as follows:
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16 Section 1105. A. Except as otherwise provided by this section,
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1 7 upon the allowance of bail and the execution of the requisite
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1 8 recognizance, bond, or undertaking to the state, the magistrate,
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1 9 judge, or court shall, if the defendant is in custody, make and sign
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2 0 an order for discharge. The court, in its discretion, may prescribe
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2 1 by court rule the conditions under which the court clerk or deputy
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2 2 court clerk, or the sheriff or deputy sheriff, may prepare and
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2 3 execute an order of release on behalf of the court.
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1 B. No police officer or sheriff may release a person arrested
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2 for a violation of an ex parte or final protective order as provided
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3 in Sections 60.2 and 60.3 of this title, or arrested for an act
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4 constituting domestic abuse as specified in Section 644 of Title 21
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5 of the Oklahoma Statutes, or arrested for any act constituting
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6 domestic abuse, stalking, or harassment as defined by Section 60.1
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7 of this title, or arrested for an act constituting domestic assault
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8 and battery or domestic assault and battery with a deadly weapon
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9 pursuant to Section 644 of Title 21 of the Oklahoma Statutes,
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1 0 without the violator appearing before a magistrate, judge, or court.
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1 1 To the extent that any of the following information is available to
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1 2 the court, the magistrate, judge, or court shall consider, in
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1 3 addition to any other circumstances, before determining bond and
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1 4 other conditions of release as necessary for the protection of the
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1 5 alleged victim, the following:
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16 1. Whether the person has a history of domestic violence or a
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1 7 history of other violent acts;
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18 2. The mental health of the person;
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19 3. Whether the person has a history of violating the orders of
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2 0 any court or governmental entity;
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21 4. Whether the person is potentially a threat to any other
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2 2 person;
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23 5. Whether the person has a history of abusing alcohol or any
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2 4 controlled substance;
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1 6. Whether the person has access to deadly weapons or a history
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2 of using deadly weapons;
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3 7. The severity of the alleged violence that is the basis of
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4 the alleged offense including, but not limited to:
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5 a. the duration of the alleged violent incident,
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6 b. whether the alleged violent incident involved serious
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7 physical injury,
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8 c. whether the alleged violent incident involved sexual
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9 assault,
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10 d. whether the alleged violent incident involved
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11 strangulation,
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12 e. whether the alleged violent incident involved abuse
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13 during the pregnancy of the alleged victim,
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14 f. whether the alleged violent incident involved the
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15 abuse of pets, or
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16 g. whether the alleged violent incident involved forcible
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17 entry to gain access to the alleged victim;
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18 8. Whether a separation of the person from the alleged victim
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1 9 or a termination of the relationship between the person and the
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2 0 alleged victim has recently occurred or is pending;
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21 9. Whether the person has exhibited obsessive or controlling
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2 2 behaviors toward the alleged victim including, but not limited to,
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2 3 stalking, surveillance, or isolation of the alleged victim;
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1 10. Whether the person has expressed suicidal or homicidal
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2 ideations; and
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3 11. Any information contained in the complaint and any police
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4 reports, affidavits, or other documents accompanying the complaint.
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5 C. A person arrested for:
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6 1. A violation of an ex parte or final protective order as
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7 provided in Sections 60.2 and 60.3 of this title;
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8 2. An act constituting domestic abuse, domestic assault and
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9 battery, or domestic assault and battery with a deadly weapon as
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1 0 specified in Section 644 of Title 21 of the Oklahoma Statutes; or
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11 3. An act constituting domestic abuse, stalking, or harassment
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1 2 as defined by Section 60.1 of this title,
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1 3 shall not be eligible for a personal recognizance bond pursuant to
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1 4 Section 1108.1 of this title.
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15 D. No police officer or sheriff may release a person arrested
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1 6 for any violation of subsection G of Section 2-401 of Title 63 of
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1 7 the Oklahoma Statutes, without the violator appearing before a
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1 8 magistrate, judge, or court. In determining bond and other
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1 9 conditions of release, the magistrate, judge, or court shall
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2 0 consider any evidence that the person is in any manner dependent
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2 1 upon a controlled dangerous substance or has a pattern of regular,
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2 2 illegal use of any controlled dangerous substance. A rebuttable
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2 3 presumption that no conditions of release on bond would assure the
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1 safety of the community or any person therein shall arise if the
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2 state shows by clear and convincing evidence:
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3 1. The person was arrested for a violation of subsection G of
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4 Section 2-401 of Title 63 of the Oklahoma Statutes, relating to
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5 manufacturing or attempting to manufacture a controlled dangerous
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6 substance, or possessing any of the substances listed in subsection
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7 G of Section 2-401 of Title 63 of the Oklahoma Statutes with the
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8 intent to manufacture a controlled dangerous substance; and
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9 2. The person is in any manner dependent upon a controlled
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1 0 dangerous substance or has a pattern of regular illegal use of a
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1 1 controlled dangerous substance, and the violation referred to in
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1 2 paragraph 1 of this subsection was committed or attempted in order
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1 3 to maintain or facilitate the dependence or pattern of illegal use
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1 4 in any manner.
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15 E. No police officer or sheriff may release a person arrested
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1 6 for a second or subsequent violation of Section 11-902 of Title 47
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1 7 of the Oklahoma Statutes, without the granting of bail by a
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1 8 magistrate, court, judge, or on-call judge, whether by telephone or
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1 9 in person. In determining bond and other conditions of release, the
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2 0 magistrate, judge, on-call judge, or court shall consider any
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2 1 evidence that the person is in any manner dependent upon alcohol or
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2 2 a controlled dangerous substance or has a pattern of regular abuse
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2 3 of alcohol or the illegal use of any controlled dangerous substance.
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2 4 If the person was arrested for any crime provided for in Section 11-
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1 902 of Title 47 of the Oklahoma Statutes, the court shall consider
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2 the threat the person poses to the public safety and shall present
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3 written findings on the bail amount. In addition, the person shall
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4 be required to use an ignition interlock device as provided by
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5 subparagraph n of paragraph 1 of subsection A of Section 991a of
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6 Title 22 of the Oklahoma Statutes as a condition of bail.
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7 SECTION 2. This act shall become effective November 1, 2026.
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9 60-2-2594 CN 12/16/2025 9:27:17 AM
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Req. No. 2594 Page 6Every fact on this page links to its source, starting with the official bill record.