Oklahoma § 22-1115.2 - Posting bail after release on personal recognizance for

§ 22-1115.2. Posting bail after release on personal recognizance for

traffic violation - Failure to appear - Person ineligible for

release on personal recognizance - Juveniles.

A. If a person arrested for a traffic violation is released

upon personal recognizance as provided for in Section 1115.1 of this

title, but subsequently posts bail and thereafter fails to timely

appear as provided for by law, the court may issue a warrant for the

person's arrest and the case shall be processed as follows:

1. If for a state traffic violation, as provided for in Section

1108 of this title; or

2. If for a violation filed in a municipal court not of record,

as provided for in Section 27-118 of Title 11 of the Oklahoma

Statutes; or

3. If for a violation filed in a municipal court of record, as

provided for in Section 28-127 of Title 11 of the Oklahoma Statutes.

B. If the defendant is not eligible for release upon personal

recognizance as provided for in Section 1115.1 of this title, or if

eligible but refuses to sign a written promise to appear, the

officer shall deliver the person to an appropriate magistrate for

arraignment and the magistrate shall proceed as otherwise provided

for by law. If no magistrate is available, the defendant shall be

placed in the custody of the appropriate municipal or county jailor

or custodian, to be held until a magistrate is available or bail is

posted as provided for in Section 1115.3 of this title or as

otherwise provided for by law or ordinance.

C. 1. Notwithstanding any other provision of law, a juvenile

may be held in custody pursuant to the provisions of this section,

but shall be incarcerated separately from any adult offender.

Provided however, the arresting officer shall not be required to:

a.

place a juvenile into custody as provided for in this

section, or

b.

place any other traffic offender into custody:

(1) who is injured, disabled, or otherwise

incapacitated, or

(2) if custodial arrest may require impoundment of a

vehicle containing livestock, perishable cargo,

or items requiring special maintenance or care,

or

(3) if extraordinary circumstances exist, which, in

the judgment of the arresting officer, custodial

arrest should not be made.

In such cases, the arresting officer may designate the date and time

on the citation by which, or on which, the person shall appear or

contact the court, as applicable to the court, and release the

person. If the person fails to appear without good cause shown, the

court may issue a warrant for the person's arrest.

2. The provisions of this subsection shall not be construed to:

Oklahoma Statutes - Title 22. Criminal Procedure

a.

create any duty on the part of the officer to release

a person from custody, or

b.

create any duty on the part of the officer to make any

inquiry or investigation relating to any condition

which may justify release under this subsection, or

c.

create any liability upon any officer, or the state or

any political subdivision thereof, arising from the

decision to release or not to release such person from

custody pursuant to the provisions of this subsection.

Added by Laws 1986, c. 250, § 3, operative July 1, 1987. Amended by

Laws 2006, c. 204, § 4, eff. Nov. 1, 2006.

§22-1115.2B. Posting bail after release on personal recognizance

for traffic violation – Failure to appear – Person ineligible for

release on personal recognizance - Juveniles.

A. If a person arrested for a traffic violation is released

upon personal recognizance as provided for in Section 1 of this act,

but subsequently posts bail and thereafter fails to timely appear as

provided for by law, the court may issue a warrant for the arrest of

the person and the case shall be processed as follows:

1. If for a state traffic violation, as provided for in Section

1108 of Title 22 of the Oklahoma Statutes;

2. If for a violation filed in a municipal court not of record,

as provided for in Section 27-118 of Title 11 of the Oklahoma

Statutes; or

3. If for a violation filed in a municipal court of record, as

provided for in Section 28-127 of Title 11 of the Oklahoma Statutes.

B. If the defendant is not eligible for release upon personal

recognizance as provided for in Section 1 of this act, or if

eligible but refuses to acknowledge a written promise to appear, as

evidenced by the electronic signature of the person, the officer

shall deliver the person to an appropriate magistrate for

arraignment and the magistrate shall proceed as otherwise provided

for by law. If no magistrate is available, the defendant shall be:

1. Placed in the custody of the appropriate municipal or county

jailor or custodian, to be held until a magistrate is available or

bail is posted as provided for in Section 1115.4 of Title 22 of the

Oklahoma Statutes;

2. Released upon personal recognizance by the arresting officer

as provided in subsection A of Section 1 of this act; or

3. Processed as otherwise provided for by law or ordinance.

C. 1. Notwithstanding any other provision of law, a juvenile

may be held in custody pursuant to the provisions of this section,

but shall be incarcerated separately from any adult offender.

Provided however, the arresting officer shall not be required to:

a.

place a juvenile into custody as provided for in this

section,

Oklahoma Statutes - Title 22. Criminal Procedure

b.

place any other traffic offender into custody:

(1) who is injured, disabled, or otherwise

incapacitated,

(2) if custodial arrest may require impoundment of a

vehicle containing livestock, perishable cargo,

or items requiring special maintenance or care,

or

(3) if extraordinary circumstances exist, which, in

the judgment of the arresting officer, custodial

arrest should not be made.

In such cases, the arresting officer may record the date and time on

the citation by which, or on which, the person shall appear or

contact the court, as applicable to the court, and release the

person. If the person fails to appear without good cause shown, the

court may issue a warrant for the arrest of the person.

2. The provisions of this subsection shall not be construed

to:

a.

create any duty on the part of the officer to release

a person from custody,

b.

create any duty on the part of the officer to make any

inquiry or investigation relating to any condition

which may justify release under this subsection, or

c.

create any liability upon any officer, or the state or

any political subdivision thereof, arising from the

decision to release or not to release such person from

custody pursuant to the provisions of this subsection.

Added by Laws 2009, c. 84, § 2, eff. Nov. 1, 2009.