1. Applicable Statutes

Oklahoma Statutes Annotated, Title 59, Professions and Occupations, Chapter 33: Bail Bondsmen

2. Licensing Requirements

Bail bondsmen must comply with the following for licensure: [59 Okl. St. Ann. § 1305]

•  Be at least 21 years old

•  Be of good character and reputation

•  Have not been previously convicted of, or pled guilty or nolo contendere to, any felony, or to a misdemeanor involving moral turpitude or dishonesty;

•  Be a citizen of the United States ;

•  Be a bona fide resident of the state of Oklahoma for at least one (1) year;

•  Actively engage in the bail bond business;

•  Have knowledge or experience, or has received instruction in the bail bond business; and

•  Have a high school diploma or its equivalent; provided, however, the provisions of this paragraph shall apply only to initial applications for license submitted on or after November 1, 1997, and shall not apply to renewal applications for license.

•  Submit the proper application forms

•  Submit to fingerprinting and a criminal background check and pay all requisite fees

•  Complete not less than sixteen (16) clock hours of education in subjects pertinent to the duties and responsibilities of a bail bondsman, including all laws and regulations related thereto. Further, each licensee shall complete annually not less than eight (8) clock hours of continuing education in said subjects prior to renewal of the license. Such continuing education shall not include a written or oral examination. [59 Okl. St. Ann. § 1308.1]

3. Notice of Forfeiture

If there is a breach of an undertaking, the court before which the cause is pending shall issue an arrest warrant for the defendant and declare the undertaking and any money, property, or securities that have been deposited as bail, forfeited on the day the defendant failed to appear.

In the event of the forfeiture of a bail bond the clerk of the trial court shall, within thirty (30) days after the forfeiture, by mail with return receipt requested, mail a true and correct copy of the order and judgment of forfeiture to the bondsman, and if applicable, the insurer, whose risk it is, and keep at least one copy of the order and judgment of forfeiture on file; provided, the clerk shall not be required to mail the order and judgment of forfeiture to the bondsman or insurer if, within fifteen (15) days from the date of forfeiture, the defendant is returned to custody, the bond is reinstated by the court with the bondsman's approval, or the order of forfeiture is vacated or set aside by the court.

Failure of the clerk of the trial court to comply with the thirty-day notice provision in this subsection shall exonerate the bond by operation of law. [ 59 Okl. St. Ann. § 1332]

4. Forfeiture to Judgment

The bail bondsman shall have ninety (90) days from receipt of the order and judgment of forfeiture from the court clerk or mailing of the notice if no receipt is made, to return the defendant to custody. If the defendant is returned within the 90 day period, the judgment will be vacated. [ 59 Okl. St. Ann. § 1332]

5. Defenses to Forfeiture

The court may, in its discretion, vacate the order of forfeiture and exonerate the bond where good cause has been shown for the defendant's failure to appear, or the bondsman's failure to return the defendant to custody within ninety (90) days. [ 59 Okl. St. Ann. § 1332]

If the defendant's failure to appear was the result of the defendant's death or of being in the custody of a court other than the court in which the appearance was scheduled, forfeiture shall not lie. Upon proof to the court that the bondsman paid the order and judgment of forfeiture without knowledge that the defendant was deceased or in custody of another court on the day the defendant was due to appear, and all expenses for the defendant's return have been paid by the bondsman, the bondsman's property shall be returned. [ 59 Okl. St. Ann. § 1332]

The court may also vacate the forfeiture and exonerate the bond in any felony case in which the bondsman has requested in writing of the sheriff's department in the county where the forfeiture occurred that the defendant be entered into the computerized records of the National Crime Information Center, and the request has not been honored within thirty (30) business days of the receipt of the written request by the department.

6. Remission

After the order and judgment has been paid, the bondsman may file a motion for remitter within one hundred eighty (180) days from receipt of the order and judgment of forfeiture, or mailing of the notice if no receipt is made, and upon the event the defendant is returned to custody within ninety (90) days after payment is due, and all expenses for the defendant's return have been paid by the bondsman, the bondsman's property shall be returned.

Upon a motion to the court, any person executing a bail bond as principal or as surety shall be exonerated after three (3) years have elapsed from the posting of the bond, unless a judgment has been entered against the surety or the principal for the forfeiture of the bond, or unless the court grants an extension of the three-year time period for good cause shown, upon motion by the prosecuting attorney. [ 59 Okl. St. Ann. § 1332]

7. Bail Agent's Arrest Authority

For the purpose of surrendering a defendant after a breach of the undertaking, the following persons may return the defendant to custody:

• A bondsman or surety;
• An employee of a bondsman or surety; or
• A peace officer acting within the peace officer's jurisdiction.

[ 59 Okl. St. Ann. § 1332.1]

8. Other Noteworthy Provisions

9. Noteworthy Appellate Decisions

State v. Vaughn , 11 P.3d 211 ( Okla. 2000).

After bail bond was forfeited due to defendant's failure to appear for preliminary hearing, bondsman filed motion to vacate the forfeiture order. The trial court refused to grant relief and denied bondsman's motion for new trial. Bondsman appealed. The Court of Civil Appeals affirmed. After granting certiorari, the Supreme Court held that: (1) state's filing of an amended information did not discharge bondsman's obligation on the bail bond, and (2) trial court acted within its discretion in concluding that bondsman failed to establish good cause to vacate forfeiture order. Opinion of Court of Civil Appeals vacated; judgment of trial court affirmed.

State v. Wallace , 940 P.2d 1212 (Okla.Civ.App. 1997).

More than 180 days after receiving notice that bail bond was forfeited, bond company filed application for remitter. The District Court denied application, and company appealed. The Court of Civil Appeals held that use of word "may" in statute, providing after order and judgment has been paid bail bondsman or insurer may file motion for remitter within 180 days from receipt of order and judgment of forfeiture, does not give trial court discretion to extend statutory time limit. The trial court's judgment was affirmed.

10. Bounty Hunter Provisions

There are currently no provisions relating to bounty hunters.