1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 857 By: Bullard
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6 AS INTRODUCED
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7 An Act relating to the Bail Enforcement and Licensing
7 Act; amending 59 O.S. 2021, Section 1350.1, which
8 relates to definitions; modifying allowable carry;
8 and providing an effective date.
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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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12 SECTION 1. AMENDATORY 59 O.S. 2021, Section 1350.1, is
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13 amended to read as follows:
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14 Section 1350.1. As used in the Bail Enforcement and Licensing
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15 Act:
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16 1. “Armed bail enforcer” means a bail enforcer having a valid
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17 license issued by the Council on Law Enforcement Education and
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18 Training authorizing the holder to carry an approved pistol firearm
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19 or weapon in the recovery of a defendant pursuant to the Bail
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20 Enforcement and Licensing Act;
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21 2. “Bail enforcer” means a person who acts, engages in,
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22 solicits or offers services to:
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23 a. execute a prior to breach recovery of a defendant on
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24 an undertaking or bail bond contract, or
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 1 b. execute a recovery of a defendant for failure to
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2 appear on an undertaking or bail bond contract issued
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3 in this state, another state or the United States.
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4 The term “bail enforcer” does not include any law enforcement
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5 officer actively employed by a law enforcement agency recognized in
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6 this state, or any of its political subdivisions, another state or
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7 the United States, while such officer is engaged in the lawful
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8 performance of duties authorized by his or her employing law
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9 enforcement agency, a bondsman licensed in this state and acting
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10 under the authority of his or her undertaking or bail contract or a
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11 licensed bondsman appointed by an insurer in this state with regard
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12 to a defendant on a bond posted by that insurer;
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13 3. “Bail recovery contract” or “client contract” means an
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14 agreement to perform the services of a bail enforcer for a client.
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15 Only a bail enforcer licensed by the Council may enter into a client
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16 contract to perform the services of a bail enforcer. A bail
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17 enforcer is liable for his or her acts and omissions while executing
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18 a recovery of a defendant pursuant to a client contract;
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19 4. “Client” means a bondsman or surety on an undertaking or
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20 bail bond contract issued in this state, another state or the United
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21 States that enters into a contract for the services of a bail
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22 enforcer;
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23 5. “Council” or “CLEET” means the Council on Law Enforcement
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24 Education and Training;
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 1 6. “Defendant” means the principal on an undertaking or bail
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2 bond contract;
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3 7. “License” means authorization issued by the Council pursuant
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4 to the Bail Enforcement and Licensing Act permitting the holder to
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5 perform functions and services as a bail enforcer;
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6 8. “Weapon” means taser, stun gun, baton, night stick or any
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7 other device used to subdue a defendant, or any noxious substances
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8 as defined in paragraph 10 of this subsection;
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9 9. “Recovery” or “surrender” means the presentation of a
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10 defendant to the public officer competent to receive the defendant
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11 into custody; and
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12 10. “Noxious substance” means OC spray, pepper spray, mace or
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13 any substance used as a physiological irritant.
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14 SECTION 2. This act shall become effective November 1, 2023.
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16 59-1-1285 BG 1/19/2023 9:45:22 PM
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