1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1941 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to bail bondsmen; amending 59 O.S.
7 2021, Section 1327, as last amended by Section 1,
8 Chapter 127, O.S.L. 2023 (59 O.S. Supp. 2023, Section
8 1327), which relates to surrender of defendant prior
9 to breach; specifying proof needed for payment of
9 expenses; amending 59 O.S. 2021, Section 1332, which
10 relates to forfeiture procedure; providing for
10 conditions of travel expense reimbursement; and
11 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 59 O.S. 2021, Section 1327, as
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16 last amended by Section 1, Chapter 127, O.S.L. 2023 (59 O.S. Supp.
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17 2023, Section 1327), is amended to read as follows:
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18 Section 1327. A. At any time before there has been a breach of
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19 the undertaking in any type of bail provided herein, the surety or
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20 bondsman or a licensed bail enforcer pursuant to a client contract
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21 authorized by the Bail Enforcement and Licensing Act may surrender
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22 the defendant, or the defendant may surrender himself or herself, to
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23 the official to whose custody the defendant was committed at the
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24 time bail was taken, or to the official into whose custody the
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 1 defendant would have been given had he or she been committed. The
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2 defendant may be surrendered without the return of premium for the
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3 bond if he or she has been guilty of nonpayment of premium, changes
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4 address without notifying his or her bondsman, conceals himself or
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5 herself, leaves the jurisdiction of the court without the permission
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6 of his or her bondsman, or violates his or her contract with the
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7 bondsman in any way that does harm to the bondsman, or the surety,
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8 or violates his or her obligation to the court. When a bondsman or
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9 surety, or a licensed bail enforcer, surrenders a defendant pursuant
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10 to this subsection, the bondsman or surety shall file written
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11 notification of the surrender. After surrender, and upon filing of
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12 written notification of the surrender with the court clerk, the bond
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13 shall be exonerated and the clerk shall enter a minute in the case
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14 exonerating the bond.
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15 B. 1. If the defendant has been placed in custody of another
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16 jurisdiction, the district attorney shall direct a hold order to the
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17 official, judge or law enforcement agency where the defendant is in
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18 custody. All reasonable expenses accrued in returning the defendant
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19 to the original court shall be borne by the bondsman who posted the
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20 bond with that court; provided, however, except for instances
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21 whereby the defendant is transported by a contracted transport
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22 company, reasonable expenses shall mean the actual miles traveled in
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23 transporting the defendant at a rate equal to the current Internal
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24 Revenue Service standard mileage rate. Upon application, the bond
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 1 in the original court shall be exonerated when the hold order is
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2 placed and upon proof of guarantee of payment of expenses by the
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3 bondsman.
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4 2. Except as provided for in paragraph 3 of this subsection,
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5 the premium for a bail bond shall be considered earned by the
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6 bondsman or the insurer, as applicable, when the defendant on the
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7 bond is released from custody and is not incarcerated in any
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8 capacity. If the bond premium has not been earned pursuant to the
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9 terms of this section, the payor of the premium or the depositor of
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10 any collateral, as applicable, may request the return of the premium
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11 or collateral given to the bondsman for the bond. The bondsman
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12 shall return any premium and collateral without delay. If a
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13 bondsman returns the premium to the payor pursuant to this section,
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14 he or she may charge a usual, customary, and reasonable fee for his
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15 or her services provided in the transaction.
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16 3. The premium for a bail bond shall be considered earned by
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17 the bondsman, regardless of whether the defendant on the bond is
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18 released from custody, if the bondsman and the payor of the bond
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19 premium have agreed in writing that the purpose of the bond is to
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20 secure the transfer of the defendant to another jurisdiction and the
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21 defendant is in fact transferred to that jurisdiction.
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22 C. If the defendant has been arrested on new charges and is in
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23 the custody of the same jurisdiction in which the bondsman or surety
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24 has posted an appearance bond or bonds for the defendant, and the
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 1 bond or bonds have not been exonerated, and certified copies of
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2 bonds are not reasonably available, the bondsman or surety may
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3 recommit the defendant to be held in custody on the charges for
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4 which the bondsman or surety has previously posted appearance bonds
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5 thereon, in accordance with the following procedure:
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6 1. On a Recommitment of Defendant by Bondsman form approved by
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7 the Administrative Office of the Courts, the bondsman or surety
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8 shall personally affix his or her signature to an affidavit
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9 attesting to the following:
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10 a. the defendant is presently in the custody of the
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11 jurisdiction in which the bondsman or surety has
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12 posted a bond or bonds,
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13 b. the case number, if any, assigned to each bond,
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14 c. that the bond or bonds have not been exonerated, and
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15 d. the specific charges and bond amount or amounts;
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16 2. The bondsman or surety shall present the Recommitment of
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17 Defendant by Bondsman form to the official in whose custody the
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18 defendant is being held, and the official shall detain the defendant
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19 in his or her custody, thereon, as upon a commitment, and by a
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20 certificate in writing acknowledging the surrender; and
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21 3. When a bondsman or surety recommits a defendant pursuant to
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22 this subsection, the bondsman or surety shall file a written
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23 notification thereof to the court, and after such notification, the
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 1 bond or bonds shall be exonerated, and the clerk shall enter a
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2 minute in the case exonerating the bond or bonds.
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3 D. 1. When a defendant does appear before the court as
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4 required by law and enters a plea of guilty or nolo contendere, is
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5 sentenced or a deferred sentence is granted as provided for in
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6 Section 991c of Title 22 of the Oklahoma Statutes, or deferred
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7 prosecution is granted as provided by law, in such event the
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8 undertaking and bondsman and insurer shall be exonerated from
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9 further liability.
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10 2. A bond posted for a petition for revocation of a suspended
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11 sentence, a petition for acceleration of a deferred sentence or any
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12 violation of a probationary term shall be exonerated by operation of
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13 law when:
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14 a. the defendant has confessed, stipulated or otherwise
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15 agreed to the factual basis of the violation of
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16 probation,
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17 b. the suspended sentence is revoked in whole or part,
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18 c. the deferred sentence is accelerated in whole or part,
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19 or
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20 d. any additional sanction is imposed by the court.
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21 E. The bond shall be exonerated by operation of law in any case
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22 in which the defendant has been arrested on new charges or on any
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23 warrant in the same jurisdiction in which the bondsman or insurer
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24 has posted the appearance bond or bonds for the defendant, and the
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 1 defendant has been subsequently released on his or her own personal
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2 recognizance or a pretrial release has been authorized by the court.
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3 F. The bond shall be exonerated by operation of law in any case
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4 in which the defendant has been arrested and there is an added
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5 charge to a case that would result in a higher fine or longer term
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6 of sentence if convicted, or an amendment to a charge that would
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7 result in a higher fine or longer term of sentence if convicted;
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8 provided, however, any premium paid by the defendant to the bondsman
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9 or insurer from the original charge shall be at the same premium
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10 rate and shall be credited to the defendant if the same bondsman or
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11 insurer posts the appearance bond or bonds on the added or amended
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12 charge.
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13 G. For purposes of this section, a “usual, customary, and
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14 reasonable fee” means a charge to the payor that is based on the
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15 amount of time spent by the bondsman or his or her employees
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16 researching, drafting, and executing the bail bond. Such fee shall
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17 be detailed in a written document provided to the payor.
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18 H. The court shall not issue an order modifying the terms of a
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19 previously set bond unless the order has also been signed by the
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20 bail bondsman, bail bondsman surety, or both acknowledging the
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21 changes made to the bond prior to the defendant’s release. Failure
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22 to provide this notice shall exonerate the bond by operation of law.
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23 SECTION 2. AMENDATORY 59 O.S. 2021, Section 1332, is
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24 amended to read as follows:
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 1 Section 1332. A. If there is a breach of an undertaking, the
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2 court before which the cause is pending shall issue, within ten (10)
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3 days, an arrest warrant for the defendant and declare the
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4 undertaking and any money, property, or securities that have been
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5 deposited as bail, forfeited on the day the defendant failed to
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6 appear. Within fifteen (15) days from the date of the forfeiture,
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7 the order and judgment of forfeiture shall be filed with the clerk
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8 of the trial court. Failure to timely issue the arrest warrant or
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9 file the order and judgment of forfeiture as provided in this
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10 subsection shall exonerate the bond by operation of law. In the
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11 event of the forfeiture of a bail bond the clerk of the trial court
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12 shall, within thirty (30) days after the order and judgment of
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13 forfeiture is filed in the court, by mail with return receipt
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14 requested, mail a true and correct copy of the order and judgment of
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15 forfeiture to the bondsman, and if applicable, the insurer, whose
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16 risk it is, and keep at least one copy of the order and judgment of
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17 forfeiture on file; provided, the clerk shall not be required to
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18 mail the order and judgment of forfeiture to the bondsman or insurer
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19 if, within fifteen (15) days from the date of forfeiture, the
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20 defendant is returned to custody, the bond is reinstated by the
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21 court with the bondsman’s approval, or the order of forfeiture is
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22 vacated or set aside by the court. Failure of the clerk of the
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23 trial court to comply with the thirty-day notice provision in this
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24 subsection shall exonerate the bond by operation of law.
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 1 B. The order and judgment of forfeiture shall be on forms
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2 prescribed by the Administrative Director of the Courts.
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3 C. 1. The bail bondsman shall have ninety (90) days from
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4 receipt of the order and judgment of forfeiture from the court clerk
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5 or mailing of the notice if no receipt is made to return the
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6 defendant to custody.
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7 2. The bondsman may contract with a licensed bail enforcer
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8 pursuant to the Bail Enforcement and Licensing Act to recover and
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9 return the defendant to custody within the ninety-day period, or as
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10 agreed, or notwithstanding the Bail Enforcement and Licensing Act if
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11 the bondsman is duly appointed in this state by an insurer operating
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12 in this state, the bondsman may seek the assistance of another
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13 licensed bondsman in this state who is appointed by the same
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14 insurer.
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15 3. When the court record indicates that the defendant is
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16 returned to custody in the jurisdiction where forfeiture occurred,
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17 within the ninety-day period, the court clerk shall enter minutes
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18 vacating the forfeiture and exonerating the bond. If the defendant
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19 has been timely returned to custody, but this fact is not reflected
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20 by the court record, the court shall vacate the forfeiture and
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21 exonerate the bond.
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22 4. For the purposes of this section, “return to custody” means:
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23 a. the return of the defendant to the appropriate
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24 Oklahoma law enforcement agency by the bondsman,
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 1 b. an appearance of the defendant in open court in the
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2 court where charged,
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3 c. arrest or incarceration within this state of the
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4 defendant by law enforcement personnel, provided the
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5 bondsman has requested that a hold be placed on the
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6 defendant in the jurisdiction wherein the forfeiture
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7 lies and has guaranteed reasonable travel expenses for
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8 the return of the defendant, or
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9 d. arrest or incarceration of the defendant in any other
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10 jurisdiction, provided the bondsman has requested that
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11 a hold be placed on the defendant in the jurisdiction
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12 wherein the forfeiture lies and has guaranteed
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13 reasonable travel expenses for the return of the
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14 defendant.
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15 5. In addition to the provisions set forth in paragraphs 3 and
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16 4 of this subsection, the bond shall be exonerated by operation of
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17 law in any case in which:
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18 a. the bondsman has requested in writing of the sheriff’s
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19 department in the county where the forfeiture occurred
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20 that the defendant be entered into the computerized
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21 records of the National Crime Information Center
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22 (NCIC), and the request has not been honored within
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23 fourteen (14) business days of the receipt of the
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24 written request by the department,
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 1 b. the defendant has been arrested outside of this state
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2 and the court record shows the prosecuting attorney
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3 has declined to proceed with extradition, or
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4 c. the warrant issued by the court has not been entered
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5 into an active warrant database available to law
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6 enforcement within five (5) business days after its
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7 issued date.
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8 6. The court may, in its discretion, vacate the order of
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9 forfeiture and exonerate the bond where good cause has been shown
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10 for:
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11 a. the defendant’s failure to appear, or
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12 b. the bondsman’s failure to return the defendant to
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13 custody within ninety (90) days.
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14 7. When a bondsman or insurer (“requester”) has guaranteed
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15 travel expenses to return a defendant to custody:
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16 a. the law enforcement agency that placed the hold shall
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17 promptly advise the requestor of a hit confirmation,
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18 b. prior to transporting the defendant, the law
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19 enforcement agency that placed the hold shall provide
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20 the requestor a good faith estimate of the reasonable
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21 return expenses to return the defendant to custody.
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22 The