Bill > HB1706

Introduced Session

An Act relating to criminal procedure; creating the Pretrial Procedures Modernization Act of 2025; amending 22 O.S. 2021, Section 181, which relates to appearances before magistrate without delay; requiring arrested defendants to be taken before judge for pretrial release hearings; establishing time limitations; amending 22 O.S. 2021, Section 251, which relates to the duty to inform defendant of charges and rights; directing the court to conduct a pretrial release hearing; making rules of evidence inapplicable; providing list of procedural protections to be conveyed to defendant; directing the judge to providing certain information to the defendant; directing court to make certain findings; authorizing the state to present evidence at hearing; providing for rebuttal by the defendant; requiring court to consider certain factors; directing court to determine release conditions with certain considerations; providing for the detainment of defendant under certain circumstances; deeming certain bonds an order of detention; presuming the inability of a defendant to pay the bond or fee amount pursuant to certain circumstances; amending 22 O.S. 2021, Section 258, as amended by Section 2, Chapter 269, O.S.L. 2022 (22 O.S. Supp. 2024, Section 258), which relates to preliminary examinations; providing gender-neutral language; deleting exception related to the filing of informations; reducing time limitation for setting preliminary hearings; providing list of circumstances for finding good cause to delay preliminary hearings; requiring court to schedule preliminary hearing within certain time period after delay; amending 22 O.S. 2021, Section 1105.2, which relates to the Pretrial Release Act; requiring conditions of release to be determined when defendant appears for a pretrial release hearing; directing judicial districts to establish pre- appearance bail schedules for sheriffs and operators of detention facilities; providing an exception for traffic offenses; requiring bail schedule to be made public and publicly displayed in jail or detention facilities; establishing procedures for determining bail and posting bond; authorizing the court to rescind bond; providing for the release from custody upon an order of pretrial release or release on bond; allowing for electronic monitoring if certain condition is satisfied; prohibiting the modification; revocation, or forfeiture of bonds absent a hearing; providing circumstances that allow for a bail modification hearing; establishing procedures for bail modification hearings and notice requirements; amending 22 O.S. 2021, Section 1105.3, which relates to establishing and funding the pretrial program; creating a statewide pretrial services program within each judicial district; providing supervision by the Administrative Office of the Courts; deleting certain procedures of the pretrial release program and list of eligible offenses or conditions; directing the Administrative Office of the Courts to employ chief administrative officers for pretrial services programs in each judicial district; providing for his or her removal; authorizing the director to employ staff, contract for services, and provide equipment; establishing minimum criteria for pretrial services programs; directing submission of screening report to the judge; directing distribution of report to certain parties; allowing judge to rely on report information; prohibiting the delay of hearings and ex parte communications to the court; setting forth minimum requirements for pretrial services; prohibiting pretrial services from imposing or enforcing unauthorized release conditions; establishing quarterly report requirements; deleting utilization of local providers requirement and certain exemption; amending 22 O.S. 2021, Section 1355A, which relates to the Indigent Defense Act; providing exception to indigent request for representation; deleting written statement requirement on application; authorizing representation despite being released on bond; providing rebuttable presumption for eligibility determination; waiving application and application fee under certain circumstances; providing for the appointment of counsel; amending 22 O.S. 2021, Section 2002, which relates to the Oklahoma Criminal Discovery Code; directing the disclosure of discovery as soon as practicable; requiring completion of discovery before pleas of guilty or nolo contendere; directing parties to acknowledge receipt of discovery items; directing the state to promptly disclose additional discovery items; providing for noncodification; providing for codification; and providing an effective date.

AI Summary

Committee Categories

Rande Worthen (R)*, 

Referred to Criminal Judiciary (on 02/04/2025)

Official Document