1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 805 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to bondsmen; amending 59 O.S. 2021,
7 Section 1332, which relates to forfeiture procedure;
8 allowing a bond to be exonerated by law following
8 written request of the prosecuting attorney by the
9 bondsman or insurer under certain conditions; and
9 providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 59 O.S. 2021, Section 1332, is
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14 amended to read as follows:
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15 Section 1332. A. If there is a breach of an undertaking, the
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16 court before which the cause is pending shall issue, within ten (10)
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17 days, an arrest warrant for the defendant and declare the
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18 undertaking and any money, property, or securities that have been
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19 deposited as bail, forfeited on the day the defendant failed to
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20 appear. Within fifteen (15) days from the date of the forfeiture,
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21 the order and judgment of forfeiture shall be filed with the clerk
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22 of the trial court. Failure to timely issue the arrest warrant or
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23 file the order and judgment of forfeiture as provided in this
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24 subsection shall exonerate the bond by operation of law. In the
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 1 event of the forfeiture of a bail bond the clerk of the trial court
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2 shall, within thirty (30) days after the order and judgment of
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3 forfeiture is filed in the court, by mail with return receipt
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4 requested, mail a true and correct copy of the order and judgment of
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5 forfeiture to the bondsman, and if applicable, the insurer, whose
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6 risk it is, and keep at least one copy of the order and judgment of
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7 forfeiture on file; provided, the clerk shall not be required to
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8 mail the order and judgment of forfeiture to the bondsman or insurer
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9 if, within fifteen (15) days from the date of forfeiture, the
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10 defendant is returned to custody, the bond is reinstated by the
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11 court with the bondsman’s approval, or the order of forfeiture is
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12 vacated or set aside by the court. Failure of the clerk of the
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13 trial court to comply with the thirty-day notice provision in this
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14 subsection shall exonerate the bond by operation of law.
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15 B. The order and judgment of forfeiture shall be on forms
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16 prescribed by the Administrative Director of the Courts.
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17 C. 1. The bail bondsman shall have ninety (90) days from
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18 receipt of the order and judgment of forfeiture from the court clerk
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19 or mailing of the notice if no receipt is made to return the
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20 defendant to custody.
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21 2. The bondsman may contract with a licensed bail enforcer
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22 pursuant to the Bail Enforcement and Licensing Act to recover and
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23 return the defendant to custody within the ninety-day period, or as
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24 agreed, or notwithstanding the Bail Enforcement and Licensing Act if
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 1 the bondsman is duly appointed in this state by an insurer operating
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2 in this state, the bondsman may seek the assistance of another
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3 licensed bondsman in this state who is appointed by the same
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4 insurer.
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5 3. When the court record indicates that the defendant is
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6 returned to custody in the jurisdiction where forfeiture occurred,
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7 within the ninety-day period, the court clerk shall enter minutes
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8 vacating the forfeiture and exonerating the bond. If the defendant
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9 has been timely returned to custody, but this fact is not reflected
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10 by the court record, the court shall vacate the forfeiture and
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11 exonerate the bond.
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12 4. For the purposes of this section, “return to custody” means:
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13 a. the return of the defendant to the appropriate
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14 Oklahoma law enforcement agency by the bondsman,
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15 b. an appearance of the defendant in open court in the
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16 court where charged,
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17 c. arrest or incarceration within this state of the
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18 defendant by law enforcement personnel, provided the
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19 bondsman has requested that a hold be placed on the
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20 defendant in the jurisdiction wherein the forfeiture
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21 lies and has guaranteed reasonable travel expenses for
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22 the return of the defendant, or
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23 d. arrest or incarceration of the defendant in any other
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24 jurisdiction, provided the bondsman has requested that
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 1 a hold be placed on the defendant in the jurisdiction
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2 wherein the forfeiture lies and has guaranteed
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3 reasonable travel expenses for the return of the
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4 defendant.
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5 5. In addition to the provisions set forth in paragraphs 3 and
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6 4 of this subsection, the bond shall be exonerated by operation of
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7 law in any case in which:
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8 a. the bondsman has requested in writing of the sheriff’s
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9 department in the county where the forfeiture occurred
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10 that the defendant be entered into the computerized
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11 records of the National Crime Information Center, and
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12 the request has not been honored within fourteen (14)
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13 business days of the receipt of the written request by
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14 the department,
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15 b. the defendant has been arrested outside of this state
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16 and the court record shows the prosecuting attorney
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17 has declined to proceed with extradition, or
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18 c. the defendant’s bondsman or insurer has requested in
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19 writing of the prosecuting attorney to file felony
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20 bond jumping charges against the defendant when the
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21 defendant fails to surrender within thirty (30) days
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22 from failing to appear in court and the prosecuting
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23 attorney has not filed such charges within thirty (30)
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 1 business days of the receipt of the written request,
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2 or
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3 d. the warrant issued by the court has not been entered
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4 into an active warrant database available to law
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5 enforcement within five (5) business days after its
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6 issued date.
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7 6. The court may, in its discretion, vacate the order of
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8 forfeiture and exonerate the bond where good cause has been shown
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9 for:
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10 a. the defendant’s failure to appear, or
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11 b. the bondsman’s failure to return the defendant to
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12 custody within ninety (90) days.
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13 D. 1. If, within ninety (90) days from receipt of the order
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14 and judgment of forfeiture from the court clerk, or mailing of the
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15 notice if no receipt is made, the defendant is not returned to
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16 custody, or the forfeiture has not been stayed, the bondsman and, if
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17 applicable, the insurer whose risk it is shall deposit cash or other
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18 valuable securities in the face amount of the bond with the court
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19 clerk ninety-one (91) days from receipt of the order and judgment of
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20 forfeiture from the court clerk, or mailing of the notice if no
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21 receipt is made; provided, this provision shall not apply if the
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22 defendant has been returned to custody within the ninety-day period
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23 and the court has failed to vacate the forfeiture pursuant to
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24 paragraphs 3 through 6 of subsection C of this section.
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 1 2. After the order and judgment has been paid within ninety-one
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2 (91) days from receipt of the order and judgment of forfeiture from
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3 the court clerk, or mailing of the notice if no receipt is made, as
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4 required in paragraph 1 of this subsection, the bondsman and, if
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5 applicable, the insurer whose risk it is shall have one (1) year
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6 from the date payment is due to return the defendant to custody as
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7 defined by paragraph 4 of subsection C of this section. In the
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8 event the defendant is returned to custody and all expenses for the
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9 defendant’s return have been paid by the bondsman or insurer, the
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10 bondsman’s or insurer’s property shall be returned; provided, the
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11 request for remitter be made by motion filed within one (1) year
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12 from the date payment is due.
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13 3. If the additional cash or securities are not deposited with
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14 the court clerk on or before the ninety-first day after the date of
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15 service of the order and judgment of forfeiture from the court
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16 clerk, or mailing of the notice if no receipt is made, then the
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17 court clerk shall notify the Insurance Commissioner by sending a
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18 certified copy of the order and judgment of forfeiture and proof
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19 that the bondsman and, if applicable, the insurer have been notified
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20 by mail with return receipt requested.
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21 4. The Insurance Commissioner shall:
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22 a. in the case of a surety bondsman, immediately cancel
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23 the license privilege and authorization of the insurer
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24 to do business within the State of Oklahoma and cancel
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 1 the appointment of all surety bondsman agents of the
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2 insurer who are licensed by Section 1301 et seq. of
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3 this title, and
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4 b. in the case of a professional bondsman, withdraw the
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5 face amount of the forfeiture from the deposit
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6 provided in Section 1306 of this title. The
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7 Commissioner shall then immediately direct the
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8 professional bondsman, by mail with return receipt
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9 requested, to make additional deposits to bring the
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10 original deposit to the required level. Should the
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11 professional bondsman, after being notified, fail to
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12 make an additional deposit within ten (10) days from
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13 the receipt of notice, or mailing of notice if no
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14 receipt is made, the license shall be revoked and all
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15 sums presently on deposit shall be held by the
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16 Commissioner to secure the face amounts of bonds
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17 outstanding. Upon release of the bonds, any amount of
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18 deposit in excess of the bonds shall be returned to
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19 the bondsman; provided, the bail bondsman shall have
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20 had notice as required by the court, at the place of
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21 the bondsman’s business, of the trial or hearing of
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22 the defendant named in the bond. The notice shall
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23 have been at least ten (10) days before the required
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24 appearance of the defendant, unless the appearance is
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 1 scheduled at the time of execution of the bond.
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2 Notwithstanding the foregoing, the bondsman shall be
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3 deemed to have had notice of the trial or hearing if
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4 the defendant named in the bond shall have been
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5 recognized back in open court to appear at a date
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6 certain for the trial or hearing.
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7 5. If the actions of any bail bondsman force the Insurance
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8 Commissioner to withdraw monies, deposited pursuant to Section 1306
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9 of this title, to pay past-due executions more than two (2) times in
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10 a consecutive twelve-month period, then the license of the
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11 professional bondsman shall, in addition to other penalties, be
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12 suspended automatically for one (1) year or until a deposit equal to
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13 all outstanding forfeitures due is made. The deposit shall be
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14 maintained until the Commissioner deems it feasible to reduce the
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15 deposit. In no case shall an increased deposit exceed two (2) years
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16 unless there is a recurrence of withdrawals as stated herein.
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17 E. 1. If the defendant’s failure to appear was the result of
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18 the defendant’s death or of being in the custody of a court other
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19 than the court in which the appearance was scheduled, forfeiture
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20 shall not lie. Upon proof to the court that the bondsman paid the
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21 order and judgment of forfeiture without knowledge that the
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22 defendant was deceased or in custody of another court on the day the
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23 defendant was due to appear, and all expenses for the defendant’s
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 1 return have been paid by the bondsman, the bondsman’s property shall
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2 be returned.
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3 2. Where the defendant is in the custody of another court, the
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4 district attorney or municipal attorney shall direct a hold order to
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5 the official, judge, court or law enforcement agent wherein the
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6 defendant is in custody; provided, that all expenses accrued as a
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7 result of returning the custody of the defendant shall be borne by
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8 the bondsman.
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9 F. The district attorney or municipal attorney shall not
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10 receive any bonuses or other monies or property for or by reason of
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11 services or actions in connection with or collection of bond
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12 forfeitures under the provisions of Section 1301 et seq. of this
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13 title, except that the court may award a reasonable attorney fee in
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14 favor of the prevailing party for legal services in any civil action
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15 or proceeding to collect upon a judgment of forfeiture.
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16 G. The above procedures shall be subject to the bondsman’s
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17 rights of appeal. The bondsman or insurer may appeal an order and
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18 judgment of forfeiture pursuant to the procedures for appeal set
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19 forth in Section 951 et seq. of Title 12 of the Oklahoma Statutes.
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20 To stay the execution of the order and judgment of forfeiture, the
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21 bondsman or insurer shall comply with the provisions set forth in
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22 Section 990.4 of Title 12 of the Oklahoma Statutes.
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23 H. For municipal courts of record, the above procedures are
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24 criminal in nature and ancillary to the criminal procedures before
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 1 the trial court and shall be subject to the bondsman’s right of
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2 appeal. The bondsman or insurer may appeal an order and judgment of
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3 forfeiture by the municipal courts of record to the Court of
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4 Criminal Appeals.
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5 I. Upon a motion to the court, any person executing a bail bond
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6 as principal or as surety shall be exonerated after three (3) years
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7 have elapsed from the posting of the bond, unless a judgment has
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8 been entered against the surety or the principal for the forfeiture
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9 of the bond, or unless the court grants an extension of the three-
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10 year time period for good cause shown, upon motion by the
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11 prosecuting attorney.
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12 SECTION 2. This act shall become effective November 1, 2023.
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14 59-1-1206 MR 1/18/2023 9:37:39 PM
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