Oklahoma Statutes Citationized
Title 22. Criminal Procedure
Chapter 19
Section 1105 - Offenses Bailable
Superceded Superceded Superceded
Cite as: O.S. §, __ __
A. Except as otherwise provided by this section, upon the allowance of bail and the execution of the requisite recognizance, bond or undertaking, to the state, the magistrate, judge or court, shall, if the defendant is in custody, make and sign an order for discharge. The court, in its discretion, may prescribe by court rule the 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 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 22-60 of this title without the violator appearing before a magistrate, judge or court. The magistrate, judge or court shall determine bond and other conditions of release as necessary for the protection of the alleged victim.
Historical Data
R.L. 1910, § 6107; Amended by Laws 1995, SB 258, c. 286, § 8, emerg. eff. July 1, 1995; Amended by Laws 1995, HB 1064, c. 297, § 4, eff. November 1, 1995 (superseded document available); Amended by Laws 1997, HB 1436, c. 2, § 25, emerg. eff. February 26, 1997 (superseded document available); Amended by Laws 1997, HB 1361, c. 368, § 4, eff. November 1, 1997 (superseded document available).
Citationizer� Summary of Documents Citing This Document| Cite | Name | Level | |
|---|---|---|---|
| Oklahoma Attorney General's Opinions | |||
| Cite | Name | Level | |
| 1980 OK AG 1, | Question Submitted by: The Honorable Paul Taliaferro, Oklahoma State Senate | Cited | |
| 2003 OK AG 33, | Question Submitted by: The Honorable Mary Easley, State Representative, District 78 | Cited | |
| 1981 OK AG 82, | Question Submitted by: The Honorable Jerry L. Smith, Oklahoma State Senate | Cited | |
| Oklahoma Supreme Court Cases | |||
| Cite | Name | Level | |
| 1987 OK 105, 745 P.2d 730, 58 OBJ 3081, | State v. Buchanan | Discussed | |
| 1995 OK 9, 890 P.2d 948, 66 OBJ 623, | Petuskey v. Freeman | Cited | |
| Title 22. Criminal Procedure | |||
| Cite | Name | Level | |
| 22 O.S. 1105, | Order for Discharge or Release - Factors to be Considered by the Court - Requirements and Limitations for Certain Violations | Cited | |
| Cite | Name | Level | |
|---|---|---|---|
| Title 21. Crimes and Punishments | |||
| Cite | Name | Level | |
| 21 O.S. 644, | Punishment for Assault and Battery | Cited | |
| Title 22. Criminal Procedure | |||
| Cite | Name | Level | |
| 22 O.S. 60.2, | Protective Order - Petition - Form - Filing Fee - Preparation - Protection of Animal | Cited | |
| 22 O.S. 60.3, | Emergency Ex Parte Order - Hearing | Cited | |