LEGISLATION

LEGISLATIVE UPDATES

Senate Bill 1251 by Sen. James Leewright (R-Bristow) amends previous legislation relating to bail bonds, including provisions relating to the exoneration of bond and forfeiture and requiring credit for certain premiums paid as requested by the OBA.

OBA Position: SUPPORT
Status: Dead pursuant to the rules (5/4/2018)

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View talking points related to this bill.

House Bill 3694 by Rep. Kevin Calvey, R-Oklahoma City, seeks to create the State and Municipal Bail Bond Procedure Act for Nonviolent Criminal Offenses, establish procedures for releasing arrestees on Personal Recognizance (PR) bonds and create an appointed Bail Bond Commissioner.

OBA Position: OPPOSE
Status: Failed to pass from House Rules Committee (3/1/2018)

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CURRENT CRIMINAL JUSTICE REFORM BILLS
SB 1489 by Sen. James Leewright (R-Bristow)
Senate Bill 1489 seeks to modify certain eligibility requirements to serve as a bondsman as requested by the Department of Insurance.
OBA Position: SUPPORT
Status: Approved by Governor (4/18/2018)

SB 1021 by Sen. Lonnie Paxton (R-Tuttle)
Senate Bill 1021 relates to the duties of the office of the county indigent defender, including prohibiting court from considering certain factors for eligibility determinations and deleting certain application requirements.
OBA Position: SUPPORT
Status: Approved by the Governor (5/3/2018)

HB 2621 by Rep. Kevin West (R-Moore) and Sen. James Leewright (R-Bristow)
House Bill 2621 relates to the transportation of a defendant by bail bondsman; Provides for a mileage reimbursement equal to the Federal Mileage Rate.
OBA Position: SUPPORT
Status: Dead pursuant to the rules (5/4/2018)

HB 2622 by Rep. Kevin West (R-Moore)
House Bill 2622 relates to fines imposed upon individuals incurring a forfeiture of bail; Requires timely filing of charges on FTA if defendant used services of a bondsman, else bond is exonerated by operation of law.
OBA Position: Monitor
Status: Dead pursuant to the rules (3/20/2018)

HB 2881 by Rep. Josh West (R-Grove)
House Bill 2881 relates to drug courts, including modifying and deleting certain eligibility requirements for potential drug court participants.
OBA Position: OPPOSE
Status: Approved by the Governor (5/10/2018)

HB 2779 by Rep. Tim Downing (R-Purcell)
House Bill 2779 relates to the creation of the Bail Bondsmen Reform Act of 2018.
OBA Position: Monitor
Status: Dead pursuant to the rules (3/1/2018)

HB 1118 by Rep. Michael Rogers (R-Broken Arrow) and Sen. James Leewright (R-Bristow)
House Bill 1118 is the Department of Insurance omnibus bill and has OBA’s desired language on exoneration of bonds by operation of law. Senate Bill 525 is the companion bill.
OBA Position: Support
Status: Do Pass Vote from House Insurance Committee on 2/28/17; SB 525 – Approved by the Governor (5/1/2018)

HB 2281 by Rep. Terry O’Donnell (R-Catoosa) and Sen. Greg Treat (R-Oklahoma City)
House Bill 2281 would decrease the number of people incarcerated for low-value property crimes by making the theft of items valued at less than $1,000 a misdemeanor rather than a felony; is similar to State Question 780 but would include more crimes. The bill proposes a tiered approach to the length of potential sentences to be handed down for thefts greater than $1,000, with longer sentences and felony charges possible for crimes where the value of items stolen is greater. The conference committee substitute also addresses crime rings by allowing the aggregating of separate offenses which were committed on a recurring basis into one crime, and allowing the prosecutor to consider acts in the preparation of a crime relevant to determine the intent of the party to commit a continuing crime.
According to the Governor’s press release, HB 2281 would create a tiered structure for property offenses, based on dollar valuations, with lower ranges of punishments.
OBA Position: Monitor
Status: Approved by Governor (4/26/2018)

HB 2286 by Rep. Terry O’Donnell (R-Catoosa) and Sen. Greg Treat (R-Oklahoma City)
House Bill 2286 would require development of an administrative parole process and establish training and eligibility requirements for Pardon and Parole Board members. Additionally, the bill would make nonviolent offenders eligible for parole after serving one-fourth of their sentence but prohibit sentences going below the one-fourth threshold through earned credits. The bill also would establish a geriatric parole process, prohibit inmates from being excluded from an electronic monitoring program because of an inability to pay, require the development of a matrix of incentives and sanctions to influence behavior of parolees and develop a system of graduated responses to technical parole violations.
According to the Governor’s press release, HB 2286 would create a streamlined administrative parole, as well as a more comprehensive aging and medical parole.
OBA Position: Monitor
Status: Approved by Governor (4/26/2018)

SB 106 by Sen. Dan Newberry (R-Tulsa)
Senate Bill 106 relates to bond forfeiture; exonerates bonds in additional instances including when warrants are not entered into law enforcement databases within five business days and when defendants are arrested on new charges within the same jurisdiction.
OBA Position: Support
Status: Dead pursuant to the rules (3/1/2018)

SB 364 by Sen. David Holt (R-Oklahoma City)
Senate Bill 364 is a comprehensive bill relating to bailable offenses, establishing certain hearings for court to determine type of bond and conditions of release; prohibiting monetary bond from exceeding maximum penalty; requiring bail schedules to comply with certain provisions.
OBA Position: Oppose
Status: Dead pursuant to the rules (3/1/2018)

SB 363 by Sen. David Holt (R-Oklahoma City) and Rep. Terry O’Donnell (R-Catoosa)
Senate Bill 363 relates to the Pretrial Release Act; authorizes special judges, under prescription by a judge, to release persons not eligible for pretrial release under current law.
OBA Position: Oppose
Status: Approved by Governor (3/8/2018)

SB 536 by Sen. Kim David (R-Porter)
Senate Bill 536 relates to licensing; prohibits the requirement of membership in any organization for the purpose of obtaining a license, certificate, endorsement or examination in relation to such professions; EMERGENCY.
OBA Position: Oppose

SB 649 by Sen. Greg Treat (R-Oklahoma City) and Rep. Terry O’Donnell (R-Catoosa)
Senate Bill 649 would reduce the amount of extra prison time that nonviolent criminals can receive for being repeat offenders; however the conference committee substitute enumerates a list of crimes exempt from the limitations on enhanced sentencing.
According to the Governor’s press release, SB 649 would target the nonviolent offenses that are driving up incarceration numbers with a new sentence enhancement structure for second and subsequent convictions.
OBA Position: Monitor
Status: Approved by Governor (4/26/2018)

SB 689 by Sen. Greg Treat (R-Oklahoma City) and Rep. Terry O’Donnell (R-Catoosa)
Senate Bill 689 would allow judges and prosecutors more options in diverting people from prison to treatment and supervision programs; requires DOC to conduct risk and needs assessments. Would reduce fines and fees for some offenders. Prohibits extending period of probation supervision for failure to pay fines, fees and other costs, except upon a finding of willful nonpayment.
According to the Governor’s press release, SB 689 would ament the justice safety valve provision to address long sentences for drug trafficking, and provides for numerous improvements to supervision.
OBA Position: Monitor
Status: Approved by Governor (4/26/2018)

SB 786 by Sen. Wayne Shaw (R-Grove) and Rep. Ben Loring (D-Miami)
Senate Bill 786 would reduce the minimum sentence for second-degree burglary and create a third degree covering burglary of an automobile.
According to the Governor’s press release, SB 786 would create a burglary in the third degree charge for burglary of vehicles, with a lesser range of punishment. It also would remove the mandatory minimum sentence for burglary in the second degree.
OBA Position: Monitor
Status: Approved by Governor (4/26/2018)

SB 793 by Sen. Anthony Sykes (R-Moore)
Senate Bill 793 would create the Corrections and Criminal Justice Oversight Task Force to track implementation and assess outcomes from recommendations made by Oklahoma Justice Reform Task Force. The 17-member task force is to prepare and submit an annual report no later than the first day of the second full week of each regular session of the Legislature.
OBA Position: Monitor
Status: Approved by Governor (4/26/2018)

2017 CRIMINAL JUSTICE BILLS
SB 603: Requires all offenders to receive a validated risk and needs assessment that will educate providers on programs available to offenders; also mandates that the Department of Corrections create an individualized case plan for each inmates.

SB 604: Provides training for law enforcement related to domestic violence victim safety during the pretrial stage.

HB 2284: Provides training for public defenders, district attorneys and judges that will cover substance abuse, behavioral health, and impact and dynamics of domestic violence.

HB 2290: Would expand the parameters of drug-court program objectives.

CURRENT STATUTES AND REGULATION

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