20. Sections 1301 through 1341 of this title shall only apply to the regulation of bail bonds for crimes, the punishment of which may be in excess of Twenty Dollars ($20.00) fine or twenty (20) days in jail, or both such fine and imprisonment.
21. As used in Sections 1301 through 1341 of this title:
22. “Commissioner” means the Insurance Commissioner of the State of Oklahoma;
23. “Clerk” means the district or municipal court clerk;
24. “Insurer” means any domestic, foreign or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this state and any professional bondsman or multicounty agent bondsman;
25. “Bail bondsman” means a surety bondsman, professional bondsman, multicounty agent bondsman, property bondsman, or a cash bondsman as hereinafter defined;
26. “Surety bondsman” means any person who has been approved by the Commissioner and appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings and charges and receives money for his or her services;
27. “Managing general agent” (M.G.A.) means any person acting in the capacity of supervisor or manager over a licensed bondsman, who has been granted the authority or responsibility by an insurer to conduct surety business on its behalf, and to oversee the activities and conduct of the appointed licensed bondsman agents of the insurer, and who generally functions as an intermediate manager between the insurer and its licensed bondsman agents. A managing general agent fulfilling these functions shall be a natural person, shall meet the qualifications of paragraph 5 of this subsection and shall be licensed as a bondsman;
28. “Professional bondsman” means any person who has been approved by the Commissioner and who pledges cash as security for a bail bond in connection with a judicial proceeding and charges and receives money for his or her services;
29. “Property bondsman” means any person who has been approved by the Commissioner and who pledges real property as security for a bail bond in a judicial proceeding and charges and receives money for his or her services;
30. “Cash bondsman” means any person who has been approved by the Commissioner and who deposits cash money as security for a bail bond in a judicial proceeding and charges and receives money for his or her services;
31. “Escrow deposit” means cash or valuable security deposited by an insurer to secure the face amount of forfeiture pending appeal;
32. “Solicitation” means to ask for earnestly, seek to obtain by persuasion or entreaty, implore, beseech, tempt or entice a person directly or through another person by personal, mechanical, printed or published means to purchase a bail bond. Solicitation shall not include mass communication advertising, which shall include, but not be limited to, television, newspapers, magazines and billboards;
33. “Bond” means an appearance bond for a specified monetary amount which is executed by the defendant and a licensed bondsman pursuant to the provisions of Section 1301 et seq. of this title and which is issued to a court clerk as security for the subsequent court appearance of the defendant upon release from actual custody pending the appearance; and
34. “Multicounty agent bondsman” means a professional bondsman who has been approved by the Commissioner and who otherwise complies with the provisions of Section 1306.1of this title.

A. The Insurance Commissioner shall have full power and authority to administer the provisions of this act, which regulates bail bondsmen and to that end to adopt, and promulgate rules and regulations to enforce the purposes and provisions of this act. The Commissioner may employ and discharge such employees, examiners, counsel, and such other assistants as shall be deemed necessary, and he shall prescribe their duties and their compensation shall be the same as other state employees receive for similar services.

B. Any written instrument purporting to be a copy of any action, proceeding, or finding of fact by the Commissioner, or any record of the seal of his office shall be accepted by all the courts of this state as prima facie evidence of the contents thereof.

C. Investigative files shall not be open for review unless so ordered by a proper administrative order of the hearing examiner or Commissioner or by proper judicial order or legislative committee.

1. No person shall act in the capacity of a bail bondsman or perform any of the functions, duties or powers prescribed for bail bondsmen under the provisions of Section 1301 et seq. of this title, unless that person shall be qualified and licensed as provided in Section 1301 et seq. of this title or as authorized pursuant to the Bail Enforcement and Licensing Act. Provided, however, none of the provisions or terms of this section shall prohibit any individual or individuals from:

1. Pledging real or other property as security for a bail bond for himself, herself or another in judicial proceedings who does not receive, or is not promised, a fee or charge for his or her services provided such person shall not be permitted to make in excess of ten bonds per year; or

2. Executing any bail bond for an insurer, pursuant to a bail bond service agreement entered into between such insurer and any automobile club or association, financing institution, insurance company or other organization or association, on behalf of a person required to furnish bail in connection with any violation of law arising out of the use of a motor vehicle.

1. No license shall be issued except in compliance with Section 1301 et seq. of this title and none shall be issued except to an individual. License renewals shall be granted subject to all other provisions of Section 1301 et seq. of this title.

A corporation as such shall not be licensed. Nothing herein contained shall be construed as repealing Section 11 of Title 5 of the Oklahoma Statutes; and it is further provided that licensed attorneys are prohibited from signing any bonds as surety in any civil or criminal action pending or about to be filed in any court of this state.

Each bail bondsman license issued shall expire biennially at 12:00 o’clock midnight on the last day of the birth month of the bondsman, unless revoked or suspended prior thereto by the Insurance Commissioner.

A. The application for license to serve as a bail bondsman shall affirmatively show that the applicant:

1. Is a person who has reached the age of twenty-one (21) years;

2. Has not been previously convicted of, or pled guilty or nolo contendere to, any felony crime that substantially relates to the occupation of a bail bondsman and poses a reasonable threat to public safety;

3. Is a citizen of the United States;

4. Has been a bona fide resident of the state for at least one (1) year;

5. Will actively engage in the bail bond business;

6. Has knowledge or experience, or has received instruction in the bail bond business; and

7. Has 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.

1.  1.  An applicant for a cash bondsman license shall meet all requirements set forth in Section 1305of this title with exception of the one-year residence requirement.  An applicant for a cash bondsman license shall affirmatively show that the applicant has been a bona fide resident of the state for six (6) months.
2.  In addition to the requirements prescribed in Section 1305of this title, an applicant for a professional bondsman license shall have been continually licensed as a surety, cash or property bondsman in the State of Oklahoma for a minimum of two (2) years immediately prior to the date of application and shall submit to the Insurance Commissioner an audited financial statement prepared by an accounting firm or individual holding a permit to practice public accounting in this state in accordance with the Statements on Auditing Standards promulgated by the Auditing Standards Board of the American Institute of Certified Public Accountants setting forth the total assets of the bondsman less liabilities and debts as follows:  For all applications made prior to November 1, 2006, and the subsequent renewals of a license issued upon the application when continuously maintained in effect as required by law, the statement shall show a net worth of at least Fifty Thousand Dollars ($50,000.00).  For all applications made on and after November 1, 2006, and the subsequent renewals of a license issued upon the application when continuously maintained in effect as required by law, or for the renewal or reinstatement of any license that is expired pursuant to subsection D of Section 1309of this title, suspended or revoked, the statement shall show a net worth of at least One Hundred Fifty Thousand Dollars ($150,000.00), the statements to be current as of a date not earlier than ninety (90) days prior to submission of the application and the statement shall be attested to by an unqualified opinion of the accountant.
3.  Professional bondsman applicants shall make a deposit with the Insurance Commissioner in the same manner as required of domestic insurance companies of an amount to be determined by the Commissioner.  For all applications made prior to November 1, 2006, and the subsequent renewals of a license issued upon the application when continuously maintained in effect as required by law, the deposit shall not be less than Twenty Thousand Dollars ($20,000.00).  For all applications made on and after November 1, 2006, and the subsequent renewals of a license issued upon the application when continuously maintained in effect as required by law, or for the renewal or reinstatement of any license that is expired pursuant to subsection D of Section 1309of this title, suspended or revoked, the deposit shall not be less than Fifty Thousand Dollars ($50,000.00).  The deposits shall be subject to all laws, rules and regulations as deposits by domestic insurance companies but in no instance shall a professional bondsman write bonds which equal more than ten times the amount of the deposit which the bondsman has submitted to the Commissioner.  Such deposit shall require the review and approval of the Insurance Commissioner prior to exceeding the maximum amount of Federal Deposit Insurance Corporation basic deposit coverage for any one bank or financial institution.  In addition, a professional bondsman may make the deposit by purchasing an annuity through a licensed domestic insurance company in the State of Oklahoma.  The annuity shall be in the name of the bondsman as owner with legal assignment to the Insurance Commissioner.  The assignment form shall be approved by the Commissioner.  If a bondsman exceeds the above limitation, the bondsman shall be notified by the Commissioner that the excess shall be reduced or the deposit increased within ten (10) days of notification, or the license of the bondsman shall be suspended immediately after the ten-day period, pending a hearing on the matter.  The limitation may be exceeded with Commissioner approval when a state of emergency or disaster is declared by the Governor, the Oklahoma Legislature or by the United States Presidential Declaration of a Federal Emergency or Major Disaster.
4.  The deposit provided for in this section shall constitute a reserve available to meet sums due on forfeiture of any bonds or recognizance executed by the bondsman.
5.  Any deposit made by a professional bondsman pursuant to this section shall be released and returned by the Commissioner to the professional bondsman only upon extinguishment of all liability on outstanding bonds.  Provided, however, the Commissioner shall have the authority to review specific financial circumstances and history of a professional bondsman, on a case-by-case basis, and may release a portion of the deposit if warranted.  The Commissioner may promulgate rules to effectuate the provisions of this paragraph.
6.  No release of deposits to a professional bondsman shall be made by the Commissioner except upon written application and the written order of the Commissioner.  The Commissioner shall have no liability for any such release to a professional bondsman provided the release was made in good faith.
7.  The deposit provided in this section shall be held in safekeeping by the Insurance Commissioner and shall only be used if a bondsman fails to pay an order and judgment of forfeiture after being properly notified or shall be used if the license of a professional bondsman has been revoked.  The deposit shall be held in the name of the Insurance Commissioner and the bondsman.  The bondsman shall execute an assignment or pledge of the deposit to the Insurance Commissioner for the payment of unpaid bond forfeitures.
8.  Currently licensed professional bondsmen may maintain their aggregate liability limits upon presentation of documented proof that they have previously been granted a limitation greater than the requirements of subsection A of this section.
9.  Notwithstanding any other provision of Sections 1301through 1341of this title, the license of a professional bondsman is transferable upon the death or legal or physical incapacitation of the bondsman to the spouse of the bondsman, or to such other transferee as the professional bondsman may designate in writing, and the transferee may elect to act as a professional bondsman for a period of one hundred eighty (180) days if the following conditions are met:
10.  The transferee shall hold a valid license as a surety bondsman in this state; and

2.  The asset and deposit requirements set forth in this section continue to be met

1. The applicant for bail bondsman shall be required to appear in person and take an examination prepared by the Insurance Commissioner, testing the applicant’s ability and qualifications to be a bail bondsman. Applications are valid for three (3) months after submission. If an applicant has not acted upon the application within that period, a new application and fees shall be submitted for the applicant to be considered for licensure.

1308. Each applicant shall become eligible for examination if the applicant has completed sixteen (16) hours of education as required by Section 1308.1 of this title prior to the examination. Examinations shall be held at times and places as designated by the Commissioner.

100. The fee for the examination shall be One Hundred Dollars ($100.00). Results will be provided after the applicant is examined.

1. The failure of an applicant to pass an examination shall not preclude the applicant from taking subsequent examinations; provided, however, that at least thirty (30) days shall intervene between examinations; and provided further, after a third or subsequent examination failure, an applicant may not be examined for at least one (1) year after the last examination failure.

A. In order to be eligible to take the examination required to be licensed as a bail bondsman, each person shall 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 biennially not less than sixteen (16) clock hours of continuing education in the subjects prior to renewal of the license. Such continuing education shall not include a written or oral examination.

Provided, any person licensed as a bail bondsman prior to November 1, 1989, shall not be required to complete sixteen (16) clock hours of education prior to licensure but shall be subject to the sixteen-hour continuing education requirement in order to renew the license, except that a licensed bail bondsman who is sixty-five (65) years of age or older and who has been licensed as a bail bondsman for fifteen (15) years or more shall be exempt from both the education and continuing education requirements of this section.

B. Education shall be provided for bail bondsman licensure as required by this section; provided that the Insurance Commissioner shall approve the courses offered and provided further such education meets the general standards for education established by the Insurance Commissioner.

The education provider shall submit biennially a fee of Two Hundred Dollars ($200.00), payable to the Insurance Commissioner which shall be deposited with the State Treasurer for the purposes of fulfilling and accomplishing the conditions and purposes of this section.

C. Any person who falsely represents to the Insurance Commissioner that compliance with this section has been met shall be subject, after notice and hearing, to the penalties and fines set out in Section 1310 of this title.

D. The Commissioner shall adopt and promulgate such rules as are necessary for effective administration of this section.

A. A renewal license shall be issued by the Insurance Commissioner to a licensee who has continuously maintained same in effect, without further examination, upon payment of a renewal fee of Two Hundred Dollars ($200.00) for a cash, property, surety, or professional bail bondsman or One Thousand Dollars ($1,000.00) for a multicounty agent bondsman, and proof of completion of sixteen (16) hours of continuing education as required by Section 1308.1 of this title. The renewal fee for licenses expiring September 15, 2012, shall be prorated to the birth month of the bondsman. Thereafter the renewal fee shall be submitted biennially by the last day of the birth month of the bondsman. Such licensee shall in all other respects be required to comply with and be subject to the provisions of Section 1301 et seq. of this title.

B. An individual holding a professional bondsman license or multicounty agent bondsman license shall also provide an annual audited financial statement prepared by an accounting firm or individual holding a permit to practice public accounting in this state in accordance with the Statements on Auditing Standards promulgated by the Auditing Standards Board of the American Institute of Certified Public Accountants showing assets, liabilities, and net worth, the annual statement to be as of a date not earlier than June 30. The statements shall be attested to by an unqualified opinion of the accounting firm or individual holding a permit to practice public accounting in this state that prepared the statement or statements. The statement shall be submitted annually by the last day of September.

C. An individual holding a property bondsman license shall also provide an annual county assessor’s written statement stating the property’s assessed value for each property used to post bonds and a written statement from any lien holder stating the current payoff amount on each lien for each property used to post bonds. The written statements shall be submitted annually by the last day of September.

D. If the license is not renewed or the renewal fee is not paid by the last day of the birth month of the bondsman, the license shall expire automatically pursuant to Section 1304 of this title. After expiration, the license may be reinstated for up to one (1) year following the expiration date. If after the one-year date the license has not been reinstated, the licensee shall be required to apply for a license as a new applicant.

E. Reinstatement fees shall be double the original fee.

1. The Insurance Commissioner may deny, censure, suspend, revoke, or refuse to renew any license issued under Sections 1301through 1341of this title for any of the following causes:
2. For any cause for which issuance of the license could have been refused;
3. Violation of any laws of this state or any lawful rule, regulation, or order of the Commissioner relating to bail;
4. Material misstatement, misrepresentation, or fraud in obtaining the license;
5. Misappropriation, conversion, or unlawful withholding of monies or property belonging to insurers, insureds, or others received in the conduct of business under the license;
6. Conviction of, or having entered a plea of guilty or nolo contendere to, any felony crime that substantially relates to the occupation of a bail bondsman and poses a reasonable threat to public safety;
7. Fraudulent or dishonest practices or demonstrating financial irresponsibility in conducting business under the license;
8. Failure to comply with, or violation of any proper order, rule, or regulation of the Commissioner;
9. Recommending any particular attorney-at-law to handle a case in which the bail bondsman has caused a bond to be issued under the terms of Sections 1301through 1341of this title;
10. When, in the judgment of the Commissioner, the licensee has, in the conduct of affairs under the license, demonstrated incompetency, or untrustworthiness, or conduct or practices rendering the licensee unfit to carry on the bail bond business or making continuance in the business detrimental to the public interest;
11. When the licensee is no longer in good faith carrying on the bail bond business;
12. When the licensee is guilty of rebating, or offering to rebate, or dividing with someone other than a licensed bail bondsman, or offering to divide commissions in the case of limited surety agents, or premiums in the case of professional bondsmen, and for this conduct is found by the Commissioner to be a source of detriment, injury, or loss to the public;
13. For any materially untrue statement in the license application;
14. Misrepresentation of the terms of any actual or proposed bond;
15. For forging the name of another to a bond or application for bond;
16. Cheating on an examination for licensure;
17. Soliciting business in or about any place where prisoners are confined, arraigned, or in custody;
18. For paying a fee or rebate, or giving or promising anything of value to a jailer, trustee, police officer, law enforcement officer, or other officer of the law, or any other person who has power to arrest or hold in custody, or to any public official or public employee in order to secure a settlement, compromise, remission, or reduction of the amount of any bail bond or estreatment thereof, or to secure delay or other advantage. This shall not apply to a jailer, police officer, or officer of the law who is not on duty and who assists in the apprehension of a defendant;
19. For paying a fee or rebating or giving anything of value to an attorney in bail bond matters, except in defense of an action on a bond;
20. For paying a fee or rebating or giving or promising anything of value to the principal or anyone in the behalf of the principal;
21. Participating in the capacity of an attorney at a trial or hearing for one on whose bond the licensee is surety;
22. Accepting anything of value from a principal, other than the premium; provided, the bondsman shall be permitted to accept collateral security or other indemnity from the principal which shall be returned immediately upon final termination of liability on the bond and upon satisfaction of all terms, conditions, and obligations contained within the indemnity agreement; provided, however, a bondsman shall not refuse to return collateral or other indemnity because of nonpayment of premium. Collateral security or other indemnity required by the bondsman shall be reasonable in relation to the amount of the bond;
23. Willful failure to return collateral security to the principal when the principal is entitled thereto;
24. For failing to notify the Commissioner of a change of legal name, residence address, business address, mailing address, email address, or telephone number within five (5) days after a change is made, or failing to respond to a properly mailed notification within a reasonable amount of time;
25. For failing to file a report as required by Section 1314of this title;
26. For filing a materially untrue monthly report;
27. For filing false affidavits regarding cancellation of the appointment of an insurer;
28. Forcing the Commissioner to withdraw deposited monies to pay forfeitures or any other outstanding judgments;
29. For failing to pay any fees to a district court clerk as are required by this title or failing to pay any fees to a municipal court clerk as are required by this title or by Section 28-127 of Title 11of the Oklahoma Statutes;
30. For uttering an insufficient or uncollected check or electronic funds transfer to the Insurance Commissioner for any fees, fines or other payments received by the Commissioner from the bail bondsman;
31. For failing to pay travel expenses for the return of the defendant to custody once having guaranteed the travel expenses;
32. The Commissioner may also refuse to renew a licensed bondsman for failing to file all outstanding monthly bail reports, pay any outstanding fines, pay any outstanding monthly report reviewal fees owed to the Commissioner, or respond to a current order issued by the Commissioner;
33. For failing to accept or claim a certified mailing from the Insurance Department or from any district or municipal court clerk addressed to the mailing address of the bondsman on file with the Insurance Department; and
34. For posting a bond for any defendant without first obtaining a written or oral agreement with the defendant or cosigner of the bond.
35. In addition to any applicable denial, censure, suspension, or revocation of a license, any person violating any provision of Sections 1301through 1341of this title may be subject to a civil penalty of not less than Two Hundred Fifty Dollars ($250.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) for each occurrence. This fine may be enforced in the same manner in which civil judgments may be enforced. Any order for civil penalties entered by the Commissioner or authorized decision-maker for the Insurance Department which has become final may be filed with the court clerk of Oklahoma County and shall then be enforced by the judges of Oklahoma County.
36. No bail bondsman or bail bond agency shall advertise as or hold itself out to be a surety company.
37. If any bail bondsman is convicted by any court of a violation of any of the provisions of this act, the license of the individual shall therefore be deemed to be immediately revoked, without any further procedure relative thereto by the Commissioner.
38. For one (1) year after notification by the Commissioner of an alleged violation, or for two (2) years after the last day the person was licensed, whichever is the lesser period of time, the Commissioner shall retain jurisdiction as to any person who cancels his bail bondsman’s license or allows the license to lapse, or otherwise ceases to be licensed, if the person while licensed as a bondsman allegedly violated any provision of this title. Notice and opportunity for hearing shall be conducted in the same manner as if the person still maintained a bondsman’s license. If the Commissioner or a hearing examiner determines that a violation of the provisions of Sections 1301through 1341 of this title occurred, any order issued pursuant to the determination shall become a permanent record in the file of the person and may be used if the person should request licensure or reinstatement.
39. Any law enforcement agency, district attorney’s office, court clerk’s office, or insurer that is aware that a licensed bail bondsman has been convicted of or has pleaded guilty or nolo contendere to any crime shall notify the Insurance Commissioner of that fact.
40. As used in this section:
41. “Substantially relates” means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and
42. “Poses a reasonable threat” means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.

If, after investigation, it shall appear to the satisfaction of the Insurance Commissioner that a bail bondsman or insurer has been guilty of violating any of the laws or rules or regulations of this state relating to bail bonds, the Commissioner shall provide notice in writing to the bail bondsman or to the insurer. Notice to the bail bondsman or insurer shall be by mail with return receipt requested at the last-known address of the bail bondsman or insurer, in a manner and pursuant to the procedures set forth in Article II of the Administrative Procedures Act, Section 308a et seq. of Title 75 of the Oklahoma Statutes.

If the Commissioner determines that the conduct is such that it may be a detriment to the public, he may suspend the license of such bail bondsman or insurer pending hearing.

1. Hearings shall be held in the Insurance Commissioner’s offices or at such other place as the Commissioner may deem convenient.
2. The Commissioner shall appoint an independent hearing examiner to preside at the hearing to sit in the capacity of a quasi-judicial officer.
3. All hearings will be public and held in accordance with, and governed by, Article II of the Administrative Procedures Act, Section 308aet seq. of Title 75 of the Oklahoma Statutes.
4. If at a hearing the person presiding determines that a license which was suspended prior to the hearing pursuant to Section 1311of this title shall be revoked or suspended, the period of revocation or suspension shall be deemed to have begun on the date the license was suspended pending the hearing.
5. The Commissioner, upon written request reasonably made by the licensed bail bondsman affected by the hearing, and at such bail bondsman’s expense, shall cause a full stenographic record of the proceedings to be made by a competent court reporter.
6. The ordinary fees and costs of such hearing examiner may be assessed by the hearing examiner against the respondent, unless the respondent is the prevailing party.

A. No individual operating under any license which has been revoked by the Insurance Commissioner shall have the right to apply for another license under this act within one (1) year from the effective date of such revocation, or, if judicial review of such revocation is sought, within one (1) year from the date of final court order or decree affirming the revocation. However, the Commissioner may authorize the application for another license under this act by such an individual prior to the end of the one-year period if the Commissioner finds that the individual meets the licensing requirements then in effect and if the Commissioner finds the circumstances for which the license was revoked no longer exists. The Commissioner shall not, however, grant a new license to any individual if he finds that the circumstances for which the previous license was revoked still exist or are likely to recur.

B. If a license as bail bondsman as to the same individual has been revoked at two separate times, the Commissioner may not thereafter grant or issue any license under this act as to such individual unless such individual can meet the licensing qualifications then in effect and if the Commissioner finds the circumstances for which the license was revoked no longer exists.

C. During the period of suspension, or after revocation of the license and prior to being issued a new license, the former licensee shall not engage in or attempt to profess to engage in any transaction or business for which a license is required under this act.

D. Upon suspension, revocation or refusal to renew or continue the license of a bail bondsman, the Commissioner may at the same time likewise suspend or revoke all other insurance agent licenses held by the licensee under the insurance laws of this state, if the Commissioner determines that such suspension or revocation is in the best interest of the public.

E. In case of the suspension or revocation of license of any bail bondsman, the license of any and all bail bondsmen who are members of a bail bond agency, whether incorporated or unincorporated, and who knowingly are parties to the act which formed the ground for the suspension or revocation may likewise be suspended or revoked for the same period as that of the offending bail bondsman; but this shall not prevent any bail bondsman, except the one whose license was first suspended or revoked or the bondsman member of the agency who was a knowing participant, from being licensed as a member of some other bail bond agency.

F. Though issued to a licensee, all certificates of licenses issued under this act are at all times the property of this state, and upon notice of any suspension, revocation, refusal to renew, expiration or other termination of the license, the licensee or other person having either the original or copy of the license shall promptly deliver the certificate of license or copy thereof to the Commissioner for cancellation.

G. As to any certificate of license lost, stolen or destroyed while in the possession of any such licensee or person, the Commissioner may accept in lieu of return of the certificate, the affidavit of the licensee or other person responsible for or involved in the safekeeping of such certificate, concerning the facts of such loss, theft or destruction. Willful falsification of any such affidavit shall, upon conviction, be subject to punishment as for perjury.

H. This section shall not be deemed to require the delivery to the Commissioner of any certificate of license which, as shown by specific date of expiration on the face of the license, has already expired, unless such delivery has been requested by the Commissioner.

A. It shall be unlawful for any person whose license to act as a bail bondsman has been suspended, revoked, surrendered, or refused, to do or perform any of the acts of a bail bondsman. Any person convicted of violating the provisions of this subsection shall be guilty of a felony and shall be punished by a fine in an amount not exceeding Five Thousand Dollars ($5,000.00).

B. It shall be unlawful for any bail bondsman to assist, aid, or conspire with a person whose license as a bail bondsman has been suspended, revoked, surrendered, or refused, to engage in any acts as a bail bondsman. Any person convicted of violating the provisions of this subsection shall be guilty of a felony and shall be punished by a fine in an amount not to exceed Five Thousand Dollars ($5,000.00).

C. The provisions of this section shall not apply to a suspended or formerly licensed bail bondsman who continues to submit monthly reports to the Insurance Department pursuant to subsection B of Section 1314 of this title or who contracts with a licensed bail enforcer pursuant to the Bail Enforcement and Licensing Act to cause the apprehension and surrender of his or her defendant clients to the appropriate authority. The defendant client must have a current undertaking or bail contract with the suspended or formerly licensed bail bondsman and such undertaking or bail contract must have been made in this state by the suspended or formerly licensed bail bondsman. No acts other than those listed in this subsection shall be authorized or recognized after a bail bondsman is suspended or no longer licensed in this state.

Notwithstanding any provision of the Bail Enforcement and Licensing Act to the contrary, a licensed bondsman in this state, for purposes of apprehension and surrender of his or her defendant client whose undertaking or bail contract was written by the licensed bondsman, may seek assistance from, or provide assistance to, another licensed bondsman in this state or another state; provided, the assisting bondsman:

1. Has held a continuously valid bail bondsman license in this state for five (5) or more years immediately prior to providing such assistance; or

2. Is duly appointed by the same insurer as the licensed bondsman seeking assistance.

The bondsman licensed in this state who is seeking assistance shall be required to obtain and maintain proof of the valid license of the assisting bondsman and license duration requirement prior to permitting such assisting bondsman to engage in any act requiring a license in this state.

Any applicant for license as a bail bondsman whose application has been denied or whose license shall have been censured, suspended or revoked, or renewal thereof denied or a fine levied, shall have the right of appeal from such final order of the Commissioner thereon by filing a petition in the district court of Oklahoma County. Such judicial review shall be as prescribed by Sections 318 through 323 of Title 75 of the Oklahoma Statutes.

A.  When a bail bondsman or managing general agent accepts collateral, the bail bondsman or managing general agent shall give a written receipt for same, and this receipt shall give in detail a full description of the collateral received.  A description of the collateral shall be listed on the undertaking by affidavit.  All property taken as collateral, whether personal, intangible or real, shall be receipted for and deemed, for all purposes, to be in the name of, and for the use and benefit of, the insurer.  Every receipt, encumbrance, mortgage or other evidence of the custody, possession or claim shall facially indicate that it has been taken or made on behalf of the insurer through its authorized agent, the individual licensed bondsman or managing general agent who has transacted the undertaking with the bond principal.  Any mortgage or other encumbrance against real property taken under the provisions of this section which does not indicate beneficial ownership of the claim to be in favor of the insurer shall be deemed to constitute a cloud on the title to real estate and shall subject the person filing, or causing same to be filed, in the real estate records of the county, to a penalty of treble damages or One Thousand Dollars ($1,000.00), whichever is greater, in an action brought by the person, organization or corporation injured thereby.  For collateral taken, or liens or encumbrances taken or made pursuant to the provisions of this section, the individual bondsman or managing general agent taking possession of the property or making the lien, claim or encumbrance shall do so on behalf of the insurer, and the individual licensed bondsman shall be deemed to act in the capacity of fiduciary in relation to both:

1.  The principal or other person from whom the property is taken or claimed against; and

2.  The insurer whose agent is the licensed bondsman.

As fiduciary and bailee for hire, the individual bondsman shall be liable in criminal or civil actions at law for failure to properly receipt or account for, maintain or safeguard, release or deliver possession upon lawful demand, in addition to any other penalties set forth in this subsection.  No person who takes possession of property as collateral pursuant to this section shall use or otherwise dissipate the asset, or do otherwise with the property than to safeguard and maintain its condition pending its return to its lawful owner, or deliver to the insurer, upon lawful demand pursuant to the terms of the bailment.

When collateral security is received in the form of cash or check or other negotiable instrument, the bondsman shall deposit the cash or instrument within two (2) business days after receipt in an established, separate non-interest-bearing trust account in any bank located in Oklahoma.  The trust account funds required under this section shall not be commingled with other operating funds.

B.  Every licensed bondsman shall file monthly electronically with the Insurance Commissioner and on forms approved by the Commissioner as follows:

1.  A monthly report showing every bond written, amount of bond, whether released or revoked during each month, showing the court and county, and the style and number of the case, premiums charged and collateral received; and

2.  Monthly reports showing total current liabilities, all bonds written during the month by the professional bondsman or multicounty agent bondsman and by any licensed bondsman who may countersign for the professional bondsman or multicounty agent bondsman, all bonds terminated during the month, and the total liability and a list of all bondsmen currently employed by the professional bondsman or multicounty agent bondsman.

Monthly reports shall be submitted electronically to the Insurance Commissioner by the fifteenth day of each month.  The records shall be maintained by the Commissioner as public records.

C.  Every licensee shall keep at the place of business of the licensee the usual and customary records pertaining to transactions authorized by the license.  All of the records shall be available and open to the inspection of the Commissioner at any time during business hours during the three (3) years immediately following the date the liability of the bondsman on the bond is discharged by the court or the date collateral is returned by the bondsman to its lawful owner, whichever is later.  If an appearance bond is never executed and filed with the court, then all records shall be maintained for three (3) years immediately following the date the documents were prepared.  The Commissioner may require a financial examination or market conduct survey during any investigation of a licensee.

D.  Each bail bondsman shall submit each month with the monthly report of the bondsman, a reviewal fee equal to two-tenths of one percent (2/10 of 1%) of the new liability written for that month.  The fee shall be payable to the Insurance Commissioner who shall deposit same with the State Treasurer.

1. The following persons or classes shall not be bail bondsmen, shall not perform the acts of a bail bondsman and shall not directly or indirectly receive any benefits from the execution of any bail bond:
2. Persons convicted of, or who have pled guilty or nolo contendere to, any felony or to a misdemeanor involving dishonesty or moral turpitude;
3. Jailers;
4. Police officers;
5. Committing judges;
6. Municipal or district court judges;
7. Prisoners;
8. Sheriffs, deputy sheriffs and any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners;
9. Any person who holds any license provided for in Section 2-101 of Title 37Aof the Oklahoma Statutes or is an agent or officer of any such licensee, except for an individual holding an employee license pursuant to paragraph 22 of subsection A of Section 2-101 of Title 37Aof the Oklahoma Statutes or as specifically authorized for a licensed bondsman in Section 1315.1 of this title;
10. Any person who holds any license or permit from any city, town, county, or other governmental subdivision for the operation of any private club at which alcoholic beverages are consumed or provided, except as specifically authorized for a licensed bondsman in Section 1315.1of this title;
11. Any person or agent of a retail liquor package store; and
12. Any person whose bail bondsman license has been revoked by the Insurance Commissioner.
13. This section shall not apply to a sheriff, deputy sheriff, police officer, or officer of the law who is not on duty and who assists in the apprehension of a defendant.
14. The provisions of this section shall not apply to persons possessing permits or licenses pertaining to alcoholic beverages, as defined in Section 1-103 of Title 37Aof the Oklahoma Statutes, which were issued prior to May 23, 1984. No one shall be permitted to maintain an office for conducting bail bonds business where alcoholic beverages are sold for on-premises consumption.
15. No person shall be permitted to maintain an office for conducting a bail bond business where persons disqualified pursuant to paragraph 1 of subsection A of this section are present, except as necessary for such persons to obtain a personal bail bond.
16. For purposes of this section, the marriage or cohabitation of a bail bond licensee or license applicant with a person disqualified pursuant to subsection A of this section does not, as a matter of fact, constitute the receipt of benefits from the execution of a bail bond. In such circumstances, the receipt of benefits from the execution of a bail bond shall be subject to a factual determination by the Commissioner.

1.  On and after November 1, 2015, as an exception to the provisions in paragraph 8, 9, 10 or 11 of subsection A of Section 1315of this title prohibiting a person from being a bail bondsman or receiving any benefit from the execution of any bail bond, a person who holds an ownership interest in a restaurant establishment where alcoholic beverages are lawfully sold or who is an officer, director or stockholder of a corporation that owns or operates a restaurant where alcoholic beverages are lawfully sold, may be a licensed bail bondsman.
2.  No licensed bondsman who holds any license issued from the ABLE Commission or any permit issued from any governmental subdivision or who has any ownership interest, employment or interest in any business identified by the provisions of paragraph 8, 9, 10 or 11 of subsection A of Section 1315of this title may execute the duties of a bondsman or have a bondsman office on the premises of such establishment.
3.  No exception authorized in this section for a licensed bondsman to additionally hold a license issued by the ABLE Commission or a permit issued by a governmental subdivision pursuant to paragraph 8, 9, 10 or 11 of subsection A of Section 1315of this title shall apply to or be construed as an exception for a bail enforcer.
4.  The ABLE Commission shall be authorized to investigate all provisions authorized by this section and shall certify in writing to the Insurance Commissioner, upon written request, that a person is eligible for an exception to the prohibitions of Section 1315of this title.  The ABLE Commission shall immediately notify the Insurance Commissioner, in writing, if a person becomes disqualified for an exception to the prohibitions of paragraph 8, 9, 10 or 11 of subsection A of Section 1315of this title.  If, after an investigation of a violation of the provisions of this section, the bail bondsman is found to be disqualified to be licensed as a bail bondsman, the ABLE Commission shall be entitled to reimbursement for all costs, expenses and attorney fees and in addition, the person shall have the bail bondsman license permanently revoked by the Insurance Commissioner.

A. 1. A bail bondsman shall neither sign nor countersign in blank any bond, nor shall the bondsman give a power of attorney to, or otherwise authorize, anyone to countersign the name of the bail bondsman to bonds unless the person so authorized is a licensed surety bondsman or managing general agent appointed by a licensed professional bondsman or multicounty agent bondsman giving the power of attorney. The professional bondsman or multicounty agent bondsman shall notify the Commissioner whenever any appointment is canceled. If the bondsman surrenders the professional or multicounty agent bondsman qualification, or the professional or multicounty agent bondsman qualification is suspended or revoked, or if a surety company authorized to write bail bond business surrenders their bail surety line of authority, or this line of authority is suspended or revoked, then the Commissioner shall suspend the appointment of all of the bail agents of the professional bondsman, multicounty agent bondsman or surety company. The Commissioner shall immediately notify any bail agent whose license is affected and the court clerk of the agent’s resident county upon the suspension or revocation of the qualification of the professional bondsman or multicounty agent bondsman or surety company. If the professional or multicounty agent bondsman qualification or the bail surety line of authority is reinstated within twenty-four (24) hours, the Commissioner shall not be required to suspend the bail agent appointments. If the Commissioner reinstates the professional or multicounty agent bondsman qualification or the bail surety line of authority within twenty-four (24) hours, the Commissioner shall also reinstate the appointment of the bail agents of the professional bondsman, multicounty agent bondsman or surety company. If more than twenty-four (24) hours elapse following the suspension or revocation, then the professional bondsman, multicounty agent bondsman or surety company shall submit new agent appointments to the Commissioner.

2. Bail bondsmen shall not allow other licensed bondsmen to present bonds that have previously been signed and completed. The bail bondsman that presents the bond shall sign the form in the presence of the official that receives the bond.

B. Premium charged shall be indicated on the appearance bond prior to the filing of the bond.

C. 1. At the time he or she receives payment for the issuance of an appearance bond, a bail bondsman shall provide the payor or indemnitors with a proper receipt and copies of any agreements executed relating to the appearance bond.

2. Any receipt provided by a bondsman shall be individually numbered and include:

a. the precise amount of the fees, premium, collateral, or other payments received by the bondsman,

b. the full name of the defendant,

c. the defendant’s case number if it is available, and

d. full name of the individual(s) presenting the payment.

D. All surety bondsmen or managing general agents shall attach a completed power of attorney to the appearance bond that is filed with the court clerk on each bond written.

E. Any bond written in this state shall contain the name and last-known mailing address of the bondsman and, if applicable, of the insurer.

A. Every insurer who appoints a surety bondsman or managing general agent in the state shall give notice thereof to the Insurance Commissioner. The filing fee for appointment of each surety bondsman or managing general agent shall be Ten Dollars ($10.00), payable to the Commissioner and shall be submitted with the appointment. The appointment shall remain in effect until the insurer submits a notice of cancellation to the Commissioner, the license of the bail bondsman expires, or the Commissioner cancels the appointment. The Commissioner may cancel a bail surety appointment if the license of the bondsman is suspended, revoked or nonrenewed. If there is a change in any information submitted by the insurer on the appointment form, the insurer shall submit an amended appointment form and a filing fee of Ten Dollars ($10.00) payable to the Commissioner.

B. An insurer terminating the appointment of a surety bondsman or managing general agent immediately shall file written notice thereof with the Commissioner, together with a statement that it has given or mailed notice to the surety bondsman or managing general agent. The notice filed with the Commissioner shall state the reasons, if any, for the termination.

C. Prior to issuance of a new appointment for a surety bondsman or managing general agent, the bondsman or agent shall file an affidavit with the Commissioner stating that no forfeitures are owed to any court, no fines or fees are owed to the Insurance Department, and no premiums or indemnification for forfeitures or fines are owed to any insurer, insureds, or others received in the conduct of business under the license. If any statement made on the affidavit is found by the Commissioner to be false, the Commissioner may deny the new appointment, apply the sanctions set forth in Section 1310 of this title or both. This provision shall not require that all outstanding liabilities have been exonerated, but may provide that the liabilities are still being monitored by the bondsman or agent.

D. Every bail bondsman who negotiates and posts a bond shall, in any controversy between the defendant, indemnitor, or guarantor and the bail bondsman or insurer, be regarded as representing the insurer. This provision shall not affect the apparent authority of a bail bondsman as an agent for the insurer.

A. Any bail bondsman who discontinues writing bail bonds during the period for which he is licensed shall notify the clerks of the district courts and the sheriffs with whom he is registered and return his license to the Commissioner for cancellation within thirty (30) days from such discontinuance. Prior to the discontinuance of licensure, the bail bondsman shall make and submit to the Commissioner a list of all outstanding bonds and obtain a release for each bond that he has written from the court clerk or sheriff of each county in which a bond is written or an affidavit from another bondsman stating that such bonds have been transferred to his care.

B. Any person convicted of violating this section shall be guilty of a misdemeanor and upon conviction thereof, be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not less than six (6) months nor more than one (1) year, or by both such fine and imprisonment.

1. No bail bondsman shall become a surety on an undertaking unless he or she has first registered his or her license in the office of the sheriff and with the court clerk in the county in which the bondsman resides or offices, but not both. In the county in which a bondsman registers his or her license, the bondsman shall provide the court clerk with proof that he or she is a resident of the county or that the bondsman offices in the county, and shall provide notice to the court clerk in writing of any change in residence or business address within five (5) business days after a change. The court clerk of the county shall provide a list of bondsmen permitted to write bail in that county to the judges and law enforcement offices of that county. Law enforcement shall post the list conspicuously near all telephones used by prisoners. The list shall be updated and distributed to law enforcement by the court clerk at least monthly, provided there has been a change to the list, and shall consist of professional, multicounty agent, property, cash and surety bail bondsmen. Any surety bondsman without a current surety appointment shall be removed from the list. In any county not having a licensed bondsman authorized to do business within the county, the court having jurisdiction shall allow and fix bail.
2. Notwithstanding the foregoing provisions of this section, a bondsman may write bonds on no more than ten defendants per year in each of the remaining seventy-six counties of this state in which the bondsman cannot register his license. Provided, however, a bondsman shall not be limited to writing bonds on only ten defendants per year in a county which does not have a licensed bondsman registered in said county. The bondsman shall advise the court clerk of each such county in writing of his intention to write bonds in the county and shall file a certified copy of his license with such court clerk.
3. A surety bondsman shall also file with the court clerk a certified copy of his or her appointment by power of attorney from the insurer whom he or she represents as an agent.
4. A fee of Twenty Dollars ($20.00) shall be paid to the court clerk for each county in which the bail bondsman registers or files his or her license. The fee shall be payable biennially by the date of license renewal. The court clerk and the sheriff shall not permit the registration or filing of a bail bondsman unless such bondsman is currently licensed by the Insurance Commissioner under the provisions of Section 1301et seq. of this title.

Each and every surety for the release of a person on bail shall be qualified as:

1. An insurer and represented by a surety bondsman or bondsmen;

2. A professional bondsman properly qualified and approved by the Insurance Commissioner;

3. A cash bondsman;

4. A property bondsman;

5. A multicounty agent bondsman properly qualified and approved by the Insurance Commissioner; or

6. A natural person who has reached the age of twenty-one (21) years, a citizen of the United States and a bona fide resident of Oklahoma for a period of six (6) months immediately last past and who holds record title to property in Oklahoma, cash or other things of value, acceptable to the proper authority approving the bail bond.

A. Every bondsman shall file with the undertaking an affidavit stating whether or not the bondsman or anyone for the use of the bondsman has been promised or has received any security or consideration for the undertaking, and if so, the nature and description of security and amount thereof, and the name of the person by whom the promise was made or from whom the security or consideration was received. Any willful misstatement in the affidavit relating to the security or consideration promised or given shall render the person making it subject to the same prosecution and penalty as one who commits the felony of perjury.

B. An action to enforce any indemnity agreement shall not lie in favor of the surety against the indemnitor, except with respect to agreements set forth in the affidavit. In an action by the indemnitor against the surety to recover any collateral or security given by the indemnitor, the surety shall have the right to retain only the security or collateral as it mentioned in the affidavit required by this section.

C. If security or consideration other than that reported on the original affidavit is received after the affidavit is filed with the court clerk, an amended affidavit shall be filed with the court clerk indicating the receipt of security or consideration.

D. If a bondsman accepts a mortgage on real property as collateral on a bond, the bondsman shall file a copy of the mortgage with the bond within thirty (30) days of receipt of the mortgage. The Commissioner shall have the authority to extend or waive this requirement.

When the defendant has been admitted to bail, he, or another in his behalf, may make a cash bond by depositing with an official authorized to take bail, a sum of money, or nonregistered bonds of the United States, or of the state, or of any county, city or town within the state, equal in market value to the amount of such bail, together with his personal undertaking and an undertaking of such other person, if the money or bonds are deposited by another. Upon delivery to the official, in whose custody the defendant is, of a certificate of such deposit, he shall be discharged from custody in the cause.

Where the undertaking is a property bond, whether posted by a bail bondsman, the defendant personally, or by any other person, said bond shall give the legal description of the property, the assessed valuation, the amount of encumbrances, if any, and the status of the legal title, all by affidavit. Any property located within the state wherein the bail is allowed, that is subject to execution shall be accepted for security on a property bond for the market value of the property. Market value is defined to be four times the assessed valuation of the property as recorded on the tax rolls, less any encumbrances thereon; provided, that homesteads may be accepted as security for appearance if the homestead exemption is waived in writing. Such waiver shall be verified and executed by the spouse, if any. The property listed upon any property bond or bonds will be security on said bonds up to the aggregate amounts as follows:

(A) In the event of bonds written by a licensed property bondsman; four times the market value of said property.

(B) All other property bonds; in the face amount of the market value of said property.

The court clerk, upon the approval of a property bond, shall forthwith file a certified copy of said bond in the office of the county clerk in which the property is located, transmitting to the county clerk the filing fee which will be paid by the person executing said bond. The county clerk shall index said bond upon his tract index as a lien against said described property, and such bond shall be a lien upon the real estate described therein until a certificate discharging said bond shall be filed in the office of the county clerk. Said lien shall be superior to any conveyance, encumbrance or lien thereafter pertaining to said property. When said bond shall have been discharged, the clerk of said court shall issue to the surety a certificate of discharge describing the bond and the real property, which shall, upon filing with the county clerk and the payment of the filing fee, be recorded in the tract index. An abstract company preparing an abstract upon such real estate, shall be required to list in said abstract only the undischarged liens and shall not list any discharge liens.

Bail may be substituted, without additional premium being charged, by the defendant or bondsman, at any time before a breach of the undertaking, by substituting any other proper and sufficient bond of like value as provided herein. The official taking the new bail shall make an order as follows:

1. Where money had been deposited, that the money be refunded to the person depositing the same; and

2. Where property had been pledged, that a certificate of discharge be issued and the lien previously filed be released .

The original undertakings of whatever nature shall be canceled and the new undertaking shall be substituted therefor.

A. No undertaking shall be invalid, nor shall any person be discharged from his undertaking, nor a forfeiture thereof be stayed nor shall judgment thereon be stayed, set aside or reversed, the collection of any such judgment be barred or defeated by reason of any defect of form, omission or recital or of condition, failure to note or record the default of any principal or surety, or because of any other irregularity, or because the undertaking was entered into on Sunday or other holiday, if it appears from the tenor of the undertaking before what judge or at what court the principal was bound to appear, and that the official before whom it was entered into was legally authorized to take it and the amount of bail is stated.

B. If no day is fixed for the appearance of the defendant, or an impossible day or a day in vacation, the undertaking, if for his appearance before a judge for a hearing, shall bind the defendant to appear in ten (10) days from the receipt of notice thereof to the defendant, his counsel, and any surety or bondsman on the undertaking; and if for his appearance in a court for trial, shall bind the defendant so to appear on the first day of the next term of court which shall commence more than three (3) days after the giving of the undertaking.

C. The liability of a person on an undertaking shall not be affected by reason of the lack of any qualifications, sufficiency or competency provided in the criminal procedure law, or by reason of any other agreement that is expressed in the undertaking, or because the defendant has not joined in the undertaking.

A.  At any time before there has been a breach of the undertaking in any type of bail provided herein, the surety or bondsman or a licensed bail enforcer pursuant to a client contract authorized by the Bail Enforcement and Licensing Act may surrender the defendant, or the defendant may surrender himself or herself, to the official to whose custody the defendant was committed at the time bail was taken, or to the official into whose custody the defendant would have been given had he or she been committed.  The defendant may be surrendered without the return of premium for the bond if he or she has been guilty of nonpayment of premium, changes address without notifying his or her bondsman, conceals himself or herself, leaves the jurisdiction of the court without the permission of his or her bondsman, or violates his or her contract with the bondsman in any way that does harm to the bondsman, or the surety, or violates his or her obligation to the court.  When a bondsman or surety, or a licensed bail enforcer, surrenders a defendant pursuant to this subsection, the bondsman or surety shall file written notification of the surrender.  After surrender, and upon filing of written notification of the surrender with the court clerk, the bond shall be exonerated and the clerk shall enter a minute in the case exonerating the bond.

B.  1.  If the defendant has been placed in custody of another jurisdiction, the district attorney shall direct a hold order to the official, judge or law enforcement agency where the defendant is in custody.  All reasonable expenses accrued in returning the defendant to the original court shall be borne by the bondsman who posted the bond with that court; provided, however, except for instances whereby the defendant is transported by a contracted transport company, reasonable expenses shall mean the actual miles traveled in transporting the defendant at a rate equal to the current Internal Revenue Service standard mileage rate.  Upon application, the bond in the original court shall be exonerated when the hold order is placed and upon proof of payment of expenses by the bondsman.

2.  Except as provided for in paragraph 3 of this subsection, the premium for a bail bond shall be considered earned by the bondsman or the insurer, as applicable, when the defendant on the bond is released from custody and is not incarcerated in any capacity.  If the bond premium has not been earned pursuant to the terms of this section, the payor of the premium or the depositor of any collateral, as applicable, may request the return of the premium or collateral given to the bondsman for the bond.  The bondsman shall return any premium and collateral without delay.  If a bondsman returns the premium to the payor pursuant to this section, he or she may charge a usual, customary, and reasonable fee for his or her services provided in the transaction.

3.  The premium for a bail bond shall be considered earned by the bondsman, regardless of whether the defendant on the bond is released from custody, if the bondsman and the payor of the bond premium have agreed in writing that the purpose of the bond is to secure the transfer of the defendant to another jurisdiction and the defendant is in fact transferred to that jurisdiction.

C.  If the defendant has been arrested on new charges and is in the custody of the same jurisdiction in which the bondsman or surety has posted an appearance bond or bonds for the defendant, and the bond or bonds have not been exonerated, and certified copies of bonds are not reasonably available, the bondsman or surety may recommit the defendant to be held in custody on the charges for which the bondsman or surety has previously posted appearance bonds thereon, in accordance with the following procedure:

1.  On a Recommitment of Defendant by Bondsman form approved by the Administrative Office of the Courts, the bondsman or surety shall personally affix his or her signature to an affidavit attesting to the following:

a.  the defendant is presently in the custody of the jurisdiction in which the bondsman or surety has posted a bond or bonds,

b.  the case number, if any, assigned to each bond,

c.  that the bond or bonds have not been exonerated, and

d.  the specific charges and bond amount or amounts;

2.  The bondsman or surety shall present the Recommitment of Defendant by Bondsman form to the official in whose custody the defendant is being held, and the official shall detain the defendant in his or her custody, thereon, as upon a commitment, and by a certificate in writing acknowledging the surrender; and

3.  When a bondsman or surety recommits a defendant pursuant to this subsection, the bondsman or surety shall file a written notification thereof to the court, and after such notification, the bond or bonds shall be exonerated, and the clerk shall enter a minute in the case exonerating the bond or bonds.

D.  1.  When a defendant does appear before the court as required by law and enters a plea of guilty or nolo contendere, is sentenced or a deferred sentence is granted as provided for in Section 991c of Title 22 of the Oklahoma Statutes, or deferred prosecution is granted as provided by law, in such event the undertaking and bondsman and insurer shall be exonerated from further liability.

2.  A bond posted for a petition for revocation of a suspended sentence, a petition for acceleration of a deferred sentence or any violation of a probationary term shall be exonerated by operation of law when:

a.  the defendant has confessed, stipulated or otherwise agreed to the factual basis of the violation of probation,

b.  the suspended sentence is revoked in whole or part,

c.  the deferred sentence is accelerated in whole or part, or

d.  any additional sanction is imposed by the court.

E.  The bond shall be exonerated by operation of law in any case in which the defendant has been arrested on new charges in the same jurisdiction in which the bondsman or insurer has posted the appearance bond or bonds for the defendant, and the defendant has been subsequently released on his or her own personal recognizance.

F.  The bond shall be exonerated by operation of law in any case in which the defendant has been arrested and there is an added charge to a case that would result in a higher fine or longer term of sentence if convicted, or an amendment to a charge that would result in a higher fine or longer term of sentence if convicted; provided, however, any premium paid by the defendant to the bondsman or insurer from the original charge shall be at the same premium rate and shall be credited to the defendant if the same bondsman or insurer posts the appearance bond or bonds on the added or amended charge.

G.  For purposes of this section, a “usual, customary, and reasonable fee” means a charge to the payor that is based on the amount of time spent by the bondsman or his or her employees researching, drafting, and executing the bail bond.  Such fee shall be detailed in a written document provided to the payor.

1.  The bondsman or insurer, or a licensed bail enforcer pursuant to a client contract authorized by the Bail Enforcement and Licensing Act, desiring to make a surrender of the defendant shall procure or have in his or her possession a certified copy of the undertakings and deliver such documents together with the defendant to the official in whose custody the defendant was at the time bail was taken, or to the official into whose custody he or she would have been given had he or she been committed, who shall detain the defendant in custody thereon, as upon a commitment, and by a certificate in writing acknowledge the surrender.

Upon the presentation of a certified copy of the undertaking and the certificate of the official, the court before which the defendant has been held to answer, or the court in which the preliminary examination, indictment, information or appeal is pending, shall upon notice of three (3) days given by the person making the surrender to the prosecuting officer of the court having jurisdiction of the offense, together with a copy of the undertakings and certificate, order that the obligors be exonerated from liability on their undertakings, and, if money has been deposited as bail, that such money or bonds be refunded.  If property pledged, a certificate of exoneration be issued and the lien previously filed be released and the undertakings of whatever nature be canceled.

If certified copies of bonds are not reasonably available, the bondsman or insurer may recommit the defendant to be held in custody on the charges for which the bondsman or insurer has previously posted appearance bonds thereon in accordance with the following procedure:

1.  On a Recommitment of Defendant by Bondsman form approved by the Administrative Office of the Courts, the bondsman or insurer shall personally affix his or her signature to an affidavit attesting to the following:
2.  the bondsman or insurer has posted a bond or bonds for the defendant and is hereby presented to the official in whose custody the defendant was at the time bail was taken,
3.  the case number, if any, assigned to each bond, and
4.  the specific charges and bond amount or amounts;
5.  The bondsman or insurer shall present the Recommitment of Defendant by Bondsman form to the official in whose custody the defendant is being surrendered, and the official shall detain the defendant in his or her custody thereon, as upon a commitment, and by a certificate in writing acknowledging the surrender; and
6.  When a bondsman or insurer recommits a defendant pursuant to this subsection, the bondsman or insurer shall file a written notification thereof to the court clerk, and after such notification, the bond or bonds shall be exonerated and the clerk shall enter a minute in the case exonerating the bond or bonds.
7.  Any bail bondsman engaged in the apprehension or surrender of his or her defendant client, and any bail bondsman assisting another bondsman pursuant to Section 1311.4of this title, shall at all times while engaged in the apprehension or surrender of the defendant client have his or her bail bondsman license in his or her possession and shall present the license to any law enforcement officer immediately upon request.

For the purpose of surrendering the defendant:

1. The surety may arrest the defendant before the forfeiture of the undertaking;

2. The surety, by written authority endorsed on a certified copy of the undertaking, may empower any peace officer to make an arrest of the defendant, first paying the lawful fees therefor; or

3. The bondsman or surety, by contract with a licensed bail enforcer pursuant to the Bail Enforcement and Licensing Act which contract has attached a certified copy of the undertaking, may authorize the bail enforcer to recover and surrender the person.

In addition, the bondsman may surrender the defendant by following the commitment procedures as set forth in subsection C of Section 1327 of this title.

A. If the undertaking is a property bond, the clerk shall record the order and judgment of forfeiture in the proper records of said county. Any filing fees shall be paid by the party filing such property bond.

B. Collection of such property bond forfeiture shall be accomplished by the proper court authorities.

1. If there is a breach of an undertaking, the court before which the cause is pending shall issue, within ten (10) days, 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. Within fifteen (15) days from the date of the forfeiture, the order and judgment of forfeiture shall be filed with the clerk of the trial court. Failure to timely issue the arrest warrant or file the order and judgment of forfeiture as provided in this subsection shall exonerate the bond by operation of law. In the event of the forfeiture of a bail bond the clerk of the trial court shall, within thirty (30) days after the order and judgment of forfeiture is filed in the court, 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.
2. The order and judgment of forfeiture shall be on forms prescribed by the Administrative Director of the Courts.
3. 1. 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.
4. The bondsman may contract with a licensed bail enforcer pursuant to the Bail Enforcement and Licensing Act to recover and return the defendant to custody within the ninety-day period, or as agreed, or notwithstanding the Bail Enforcement and Licensing Act if the bondsman is duly appointed in this state by an insurer operating in this state, the bondsman may seek the assistance of another licensed bondsman in this state who is appointed by the same insurer.
5. When the court record indicates that the defendant is returned to custody in the jurisdiction where forfeiture occurred, within the ninety-day period, the court clerk shall enter minutes vacating the forfeiture and exonerating the bond. If the defendant has been timely returned to custody, but this fact is not reflected by the court record, the court shall vacate the forfeiture and exonerate the bond.
6. For the purposes of this section, “return to custody” means:
7. the return of the defendant to the appropriate Oklahoma law enforcement agency by the bondsman,
8. an appearance of the defendant in open court in the court where charged,
9. arrest or incarceration within this state of the defendant by law enforcement personnel, provided the bondsman has requested that a hold be placed on the defendant in the jurisdiction wherein the forfeiture lies and has guaranteed reasonable travel expenses for the return of the defendant, or
10. arrest or incarceration of the defendant in any other jurisdiction, provided the bondsman has requested that a hold be placed on the defendant in the jurisdiction wherein the forfeiture lies and has guaranteed reasonable travel expenses for the return of the defendant.
11. In addition to the provisions set forth in paragraphs 3 and 4 of this subsection, the bond shall be exonerated by operation of law in any case in which:
12. 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 fourteen (14) business days of the receipt of the written request by the department,
13. the defendant has been arrested outside of this state and the court record shows the prosecuting attorney has declined to proceed with extradition, or
14. the warrant issued by the court has not been entered into an active warrant database available to law enforcement within five (5) business days after its issued date.
15. The court may, in its discretion, vacate the order of forfeiture and exonerate the bond where good cause has been shown for:
16. the defendant’s failure to appear, or
17. the bondsman’s failure to return the defendant to custody within ninety (90) days.
18. 1. If, within 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, the defendant is not returned to custody, or the forfeiture has not been stayed, the bondsman and, if applicable, the insurer whose risk it is shall deposit cash or other valuable securities in the face amount of the bond with the court clerk ninety-one (91) days from receipt of the order and judgment of forfeiture from the court clerk, or mailing of the notice if no receipt is made; provided, this provision shall not apply if the defendant has been returned to custody within the ninety-day period and the court has failed to vacate the forfeiture pursuant to paragraphs 3 through 6 of subsection C of this section.
19. After the order and judgment has been paid within ninety-one (91) days from receipt of the order and judgment of forfeiture from the court clerk, or mailing of the notice if no receipt is made, as required in paragraph 1 of this subsection, the bondsman and, if applicable, the insurer whose risk it is shall have one (1) year from the date payment is due to return the defendant to custody as defined by paragraph 4 of subsection C of this section. In the event the defendant is returned to custody and all expenses for the defendant’s return have been paid by the bondsman or insurer, the bondsman’s or insurer’s property shall be returned; provided, the request for remitter be made by motion filed within one (1) year from the date payment is due.
20. If the additional cash or securities are not deposited with the court clerk on or before the ninety-first day after the date of service of the order and judgment of forfeiture from the court clerk, or mailing of the notice if no receipt is made, then the court clerk shall notify the Insurance Commissioner by sending a certified copy of the order and judgment of forfeiture and proof that the bondsman and, if applicable, the insurer have been notified by mail with return receipt requested.
21. The Insurance Commissioner shall:
22. in the case of a surety bondsman, immediately cancel the license privilege and authorization of the insurer to do business within the State of Oklahoma and cancel the appointment of all surety bondsman agents of the insurer who are licensed by Section 1301et seq. of this title, and
23. in the case of a professional bondsman, withdraw the face amount of the forfeiture from the deposit provided in Section 1306of this title. The Commissioner shall then immediately direct the professional bondsman, by mail with return receipt requested, to make additional deposits to bring the original deposit to the required level. Should the professional bondsman, after being notified, fail to make an additional deposit within ten (10) days from the receipt of notice, or mailing of notice if no receipt is made, the license shall be revoked and all sums presently on deposit shall be held by the Commissioner to secure the face amounts of bonds outstanding. Upon release of the bonds, any amount of deposit in excess of the bonds shall be returned to the bondsman; provided, the bail bondsman shall have had notice as required by the court, at the place of the bondsman’s business, of the trial or hearing of the defendant named in the bond. The notice shall have been at least ten (10) days before the required appearance of the defendant, unless the appearance is scheduled at the time of execution of the bond. Notwithstanding the foregoing, the bondsman shall be deemed to have had notice of the trial or hearing if the defendant named in the bond shall have been recognized back in open court to appear at a date certain for the trial or hearing.
24. If the actions of any bail bondsman force the Insurance Commissioner to withdraw monies, deposited pursuant to Section 1306of this title, to pay past-due executions more than two (2) times in a consecutive twelve-month period, then the license of the professional bondsman shall, in addition to other penalties, be suspended automatically for one (1) year or until a deposit equal to all outstanding forfeitures due is made. The deposit shall be maintained until the Commissioner deems it feasible to reduce the deposit. In no case shall an increased deposit exceed two (2) years unless there is a recurrence of withdrawals as stated herein.
25. 1. 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.
26. Where the defendant is in the custody of another court, the district attorney or municipal attorney shall direct a hold order to the official, judge, court or law enforcement agent wherein the defendant is in custody; provided, that all expenses accrued as a result of returning the custody of the defendant shall be borne by the bondsman.
27. The district attorney or municipal attorney shall not receive any bonuses or other monies or property for or by reason of services or actions in connection with or collection of bond forfeitures under the provisions of Section 1301et seq. of this title, except that the court may award a reasonable attorney fee in favor of the prevailing party for legal services in any civil action or proceeding to collect upon a judgment of forfeiture.
28. The above procedures shall be subject to the bondsman’s rights of appeal. The bondsman or insurer may appeal an order and judgment of forfeiture pursuant to the procedures for appeal set forth in Section 951 et seq. of Title 12of the Oklahoma Statutes. To stay the execution of the order and judgment of forfeiture, the bondsman or insurer shall comply with the provisions set forth in Section 990.4 of Title 12of the Oklahoma Statutes.
29. For municipal courts of record, the above procedures are criminal in nature and ancillary to the criminal procedures before the trial court and shall be subject to the bondsman’s right of appeal. The bondsman or insurer may appeal an order and judgment of forfeiture by the municipal courts of record to the Court of Criminal Appeals.
30. 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.

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

1. A bondsman or surety;

2. A licensed bail enforcer having authority under a client contract with a bondsman or surety pursuant to the Bail Enforcement and Licensing Act; or

3. A peace officer acting within the peace officer’s jurisdiction.

All liability of the bondsman may be enforced on motion without necessity of an independent action if conformance with the foregoing is shown

A. Any person in custody before a court or magistrate of the State of Oklahoma subject to discretion of the court may be admitted to bail on his personal recognizance subject to such conditions as the court or magistrate may reasonably prescribe to assure his appearance when required.

B. When a person is admitted to bail on his personal recognizance, the court or magistrate may determine an amount of money, property, or securities which shall be paid or forfeited as a penalty by the defendant for failure to comply with the terms of his admission to bail on personal recognizance. This penalty shall be in addition to the penalties provided for in Section 1335 of this title.

C. Any person admitted to bail as herein provided shall be fully appraised by the court or magistrate of the penalties provided for failure to comply with the terms of his recognizance and, upon a failure of compliance, a warrant for the arrest of such person shall be issued forthwith.

Whoever, having been admitted to bail for appearance before any district court in the State of Oklahoma, (1) incurs a forfeiture of the bail and willfully fails to surrender himself within thirty (30) days following the date of such forfeiture, or (2) willfully fails to comply with the terms of his personal recognizance, shall be guilty of a felony and shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned not more than two (2) years, or both.

It shall be unlawful for any principal, person in custody or defendant, or indemnitor to provide false information, including identity and physical address, on any undertaking or indemnification agreement. Violation of this section shall be a misdemeanor punishable by imprisonment in the county jail for a term of not more than one (1) year, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine.

Any person violating any of the provisions of this act relating to bondsman shall, upon conviction, be fined not more than Five Thousand Dollars ($5,000.00) for each offense, or imprisoned in the county jail for not more than one (1) year, or by both such fine and imprisonment.

Any person acting as a bondsman without a license shall be subject to the penalties provided in this section.

Any funds payable to the court clerk or other officer pursuant to this act, by any licensed bondsman, managing general agent, surety company or professional bondsman shall be issued a receipt in the name of the surety company or professional bondsman, as the case may be, and when such funds are refunded or otherwise disbursed, they shall be made payable to such surety company or professional bondsman, as the case may be.

Each person arrested shall have an opportunity to use the telephone to call his attorney and bondsman before being placed in jail, or within six (6) hours thereafter.

Every person who holds a valid bail bondsman’s license issued by the Insurance Commissioner and registered as required in Section 20 of this act shall be entitled to equal access to the jails of this state for the purpose of making bond, subject to the provisions of this act and the rules and regulations adopted and promulgated in the manner provided by law.

This act shall not apply to a person who writes only one bond within each calendar year and who does not charge a fee for his services.

Notwithstanding any other provision of law that requires a particular form and associated payment to be filed with the Insurance Department in paper form or mailed or hand-delivered to the Insurance Department, the Insurance Commissioner may, by appropriate order, require that all filings or payments of that specific type be filed or delivered in an electronic format.

365:25-5-30. Definitions The following words or terms, when used in this Part, shall have the following meaning, unless the context clearly indicates otherwise: “High school diploma or equivalent” The equivalent of a high school diploma, as described by 59 O.S. §1305(A)(8), shall be the successful completion of all parts of the General Educational Development program or completion of a similar program authorized and approved by the Oklahoma State Department of Education. An applicant shall provide documentation that the Oklahoma State Department of Education considers the applicant’s educational qualifications to be the equivalent of a high school diploma if necessary. “Limited surety agent” means any individual who is duly licensed by the Commissioner and is appointed by an insurer by power of attorney to execute or countersign bail bonds in connection with judicial proceedings and receives or is promised money or other things of value. “Premium” means a sum of money charged by the bail bondsman for services rendered on behalf of the principal. Nothing in this section shall be construed to include collateral security received by the bail bondsman in the definition of premium.

365:25-5-31. Information to be included on applications (a) Original and renewal applications shall include the applicant’s: (1) residence address, (2) business address, (3) mailing address, (4) e-mail address, (5) telephone number, and (6) legal name. (b) An applicant’s business address and mailing address shall be in the same county.

365:25-5-32. Examination fees A fee of One Hundred Dollars ($100.00) is required before an applicant may take the bail bondsman examination. An additional One Hundred Dollar ($100.00) examination fee is required for each subsequent examination as described in 59 O.S. §1308.

365:25-5-33. Change of mailing address, legal name, e-mail address, or telephone requirements (a) 59 O.S. §1310 requires bail bondsmen to notify the Insurance Commissioner within five (5) days after a change of mailing address, legal name, e-mail address, or telephone number. This notification must include: (1) name and license number of the bondsman, (2) date of the notification, (3) the bondsman’s current telephone number, and (4) the bondsman’s current e-mail address. (b) This notification may be in any form acceptable to the Insurance Commissioner.

365:25-5-34. Professional and multicounty agent bondsman deposits (a) A bondsman making an initial deposit required by 59 O.S. §§ 1306 or 1306.1, shall deliver the deposit to the office of the Insurance Commissioner in Oklahoma City, Oklahoma. The bondsman shall appear in person at the office of the Insurance Commissioner to execute an assignment or pledge of the deposit as instructed by 59 O.S. § 1306. (b) A bondsman making an additional deposit required by 59 O.S. §§ 1306 or 1306.1, or replacing any portion of a deposit, may mail an executed assignment or pledge of the deposit to the Insurance Commissioner via certified mail. The additional or replaced deposit amount will not be added or included in the professional or multicounty agent bail bondsman’s deposit total until the additional or replaced deposit amount is received, processed, and accepted by the Oklahoma Insurance Department staff. (c) The phrase “required level,” as described by 59 O.S. § 1332 (D)(4)(b), shall be the bondsman’s amount on deposit prior to a forfeiture payment. A bondsman shall make a deposit equal to the amount withdrawn by the Commissioner following the Commissioner’s withdrawal of professional or multicounty agent securities to pay a bond forfeiture. The deposit shall be made within ten (10) days from receipt of the withdrawal notice or mailing of the notice if no receipt is made. The bondsman shall follow the provisions of paragraph (a) of this section for the deposit.

365:25-5-35. Bondsman license renewal (a) Pursuant to 59 O.S. § 1309, bondsmen are required to renew their licenses biennially. Requirements for a complete renewal filing for a bondsman shall be submitted by the last day of the bondsman’s birth month and must include a Two Hundred Dollar ($200.00) renewal fee. (b) Failure to complete the renewal process by the last day of the bondsman’s birth month will result in an automatic expiration of the license. After the expiration, the license may be reinstated for up to one (1) year following the expiration date. If after the one (1) year date, the license has not been renewed, then the licensee shall be required to apply for a license as a new applicant. (c) All licenses of bail bondsmen shall expire on the last day of the bondsman’s birth month unless the Commissioner receives a complete renewal filing. A complete renewal filing consists of all necessary items required by paragraph (a) of this section as well as any other items required by the Commissioner. (d) If the license has not been renewed by the expiration date, a bail bondsman shall not be authorized to continue acting as a bail bondsman.

365:25-5-36. Monthly reports (a) Bail bondsmen are required to submit monthly reports to the Insurance Commissioner within fifteen (15) days after the end of each preceding month pursuant to 59 O.S. §1314. All bondsmen must submit a report for each component of the license held, even if no bonds were written under any particular component during that month. The types of licenses include: (1) cash, (2) surety, (3) property, (4) professional, and (5) multicounty agent. (b) Bondsmen must submit a monthly report for: (1) each company, professional bondsman, or multicounty agent bondsman with which he/she is appointed, whether or not any bonds were written on that surety during that month; (2) each company, professional bondsman, or multicounty agent bondsman with which he/she has an outstanding liability, even though the appointment has been canceled; and (3) each company, professional bondsman, or multicounty agent bondsman with which he/she has an outstanding liability even though the surety is no longer active in the bail bond business.

365:25-5-37. Usual and customary records (a) Every bail bondsman shall maintain records at his/her place of business for a period of three (3) years immediately following the date the bondsman’s liability on the bond is discharged by the court or the date collateral is returned to its lawful owner, whichever is later. (b) If an appearance bond is never executed and filed with the court, then all records shall be maintained for three (3) years immediately following the date the document is prepared. (c) Records shall be readily available for inspection to the Commissioner at any time during business hours and shall include, but not be limited to:

• bail bond application,
  (2) indemnity agreement,
  (3) promissory note,
  (4) credit agreement,
  (5) copies of deeds or mortgages received or released,
  (6) description of personal properties received or released,
  (7) accounting of monies received and receipted, (8) copy of appearance bond,
  (9) copy of individually numbered power of attorney, (10) picture of defendant,
  (11) bank records on escrow accounts.

365:25-5-38. Ten defendant limit Pursuant to 59 O.S. §1320, a bondsman is authorized to write bonds on up to ten defendants per year, January 1 through December 31, in each county outside his resident county. For purposes of determining the ten defendants, the bondsman shall consider each date a bond or bonds are written on a defendant as being one of the ten defendants, not withstanding any previous bonds which have been written on that same individual. The ten defendant limit does not apply in counties without a registered bondsman in said county.

365:25-5-39. Affidavit as to undertaking An Affidavit as to Undertaking shall be included on every appearance bond and shall declare the amount of premium (consideration) and security (collateral) received or promised. It shall further include the nature and description of, and the name of the person from whom it was received or promised. Information provided on the Affidavit as to Undertaking shall correspond with the information contained in the following: (1) appearance bond, (2) bondsman’s office records, and (3) monthly report.

365:25-5-40. Computation of time in 59 O.S. §1332 (a) In computing any period of time in 59 O.S. §1332, 12 O.S. §2006(A) will be followed. 12 O.S. §2006(A) states, in pertinent part, as follows: The day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma Statutes or any other day when the office of the court clerk does not remain open for public business until the regularly scheduled closing time, in which event the period runs until the end of the next day which is not a legal holiday or a day when the office of the court clerk does not remain open for public business until the regularly scheduled closing time. Unless otherwise provided by law, when the period of time prescribed or allowed is less than eleven (11) days, intermediate legal holidays and any other day when the office of the court clerk does not remain open for public business until the regularly scheduled closing time shall be excluded from the computation. (b) The defendant shall be returned to custody within ninety days or the forfeiture shall be paid on the ninety-first day, and the time begins to run as follows: (1) If the bondsman dates the return receipt, or the date of receipt of the order and judgment of forfeiture is evidenced electronically, then the days start running the next day. (2) If the bondsman does not date the return receipt or the date of receipt of the order and judgment of forfeiture is not evidenced electronically, but the insurer or professional bondsman or multicounty agent bondsman does, or the date of receipt is evidenced electronically, then the days start running the next day. (3) If neither the bondsman nor the insurer or professional bondsman or multicounty agent bondsman dates the return receipt, nor is the date of receipt of the order of judgment of forfeiture evidenced electronically, then the days start running the day after the order and judgment of forfeiture was mailed.

365:25-5-41. Special deposit (a) In addition to the cash or securities deposited in trust with the Insurance Commissioner’s office pursuant to 36 O.S. § 613, insurers writing bail bonds in this state shall deposit in trust additional cash or securities equaling at least Three Hundred Thousand Dollars ($300,000.00), and insurers writing bail bonds in this state shall not exceed a twenty-to-one (20:1) ratio of outstanding liability-to-special deposit. (b) An insurer shall comply with the following requirements to maintain the special deposit described in Subsection (a): (1) The insurer’s monthly report of outstanding liability shall be within ten percent (10%) of the outstanding liability reported by all the insurer’s appointed surety bondsmen for that month. (2) All bail bond forfeitures shall either be paid within 91 days after receipt of the Order and Judgment of Forfeiture or vacated by the court within 91 days from the date of receipt of the Order and Judgment of Forfeiture pursuant to Section 365:25-5-40. (c) If the insurer fails to comply with either requirement of paragraph (b) more than three (3) times in a consecutive twelve (12) month period, the insurer’s outstanding liability shall not exceed a ten-to-one (10:1) ratio of outstanding liability-to-special deposit. The Insurance Commissioner shall provide written notification of this requirement via certified mail, return receipt requested, to the insurer’s address of record. The special deposit required by this paragraph shall become effective thirty (30) days from the date notification is received.
(d) If an insurer is authorized to write only bail bonds, any cash or securities deposited in trust with the Insurance Commissioner’s office pursuant to 36 O.S. § 613 in excess of the minimum amount required by Section 613 shall apply towards the special deposit required by this section.

365:25-5-42. Professional/multicounty agent bondsman net worth For purposes of 59 O.S. §§ 1306(A)(2) or 1306.1(A)(2), total assets of the bondsman shall include only those assets owned by the applicant for licensure as a bondsman. Any asset or liability owned jointly with another, including a spouse, shall be shown on financial reports as required pursuant to 59 O.S. § 1309(B) and Section 365:25-5-35 by percentage of ownership of the bondsman individually.

365:25-5-43. Appointments The effective date of the bondsman appointment described in 59 O.S. § 1317 shall be the date the Commissioner approves the completed appointment and notifies the bail bondsman’s resident county court clerk.

365:25-5-44. Notice of return to custody Following a forfeiture, if the defendant has been returned to custody as defined in 59 O.S. § 1332(C)(4), the bondsman shall file notice with the court clerk of the county where the forfeiture occurred by the ninety-first day after receipt of the order and judgment of forfeiture, certifying the defendant was returned to custody by the ninetieth day after receipt of the order and judgment of forfeiture. Failure to provide notice prior to the ninety-first day shall be a violation of 59 O.S. § 1310(A)(2).

365:25-5-45. Fines and costs due to Commissioner All fines and costs assessed by order of the Commissioner shall be due and payable to the Oklahoma Insurance Department within thirty (30) days of the date of the order unless otherwise ordered.

365:25-5-46. Notification of use of business name Any bondsman or surety doing business under any name or names other than the legal name of the bondsman or surety shall notify the Oklahoma Insurance Department prior to using the name or names.

365:25-5-47. Financial statement required If the license of a professional bondsman is transferred pursuant to 59 O.S. § 1306(D), or the license of a multicounty agent bondsman is transferred pursuant to 59 O.S. § 1306.1(C), the transferee shall submit a financial statement to the Department within 180 days after the date of the transfer.

365:25-5-48. Acts of a bail bondsman Pursuant to 59 O.S. § 1311.3(A), it is unlawful for any individual whose license to act as a bail bondsman has been suspended, revoked, surrendered, or refused, to do or perform any of the acts of a bail bondsman. Likewise, pursuant to 59 O.S. § 1311.3(B), it is unlawful for any bail bondsman to assist, aid, or conspire with a person whose license as a bail bondsman has been suspended, revoked, surrendered, or refused, to engage in any acts as a bail bondsman. For the purposes of 59 O.S. § 1311.3, the “acts of a bail bondsman” include, but are not limited to: (1) Soliciting for a bond as defined in 59 O.S. § 1301(B)(11); (2) Accepting collateral and providing a written receipt for collateral pursuant to 59 O.S. § 1314(A); (3) Collecting premiums in person at a location other than the bondsman’s recorded place of business pursuant to 59 O.S. § 1316(C); (4) Providing a written receipt for premium pursuant to 59 O.S. § 1316(C); (5) Negotiating or posting bonds pursuant to 59 O.S. § 1317(D); (6) Surrendering a defendant into custody pursuant to 59 O.S. § 1327(A); (7) Returning a defendant to custody prior to forfeiture pursuant to 59 O.S. §§ 1327 & 1328; (8) Filing or signing with the court clerk a notice of return to custody; (9) Signing or filing with the court clerk a guarantee to pay travel expenses; (10) Signing and presenting a request that a defendant be entered into the records of the National Crime Information Center (NCIC); (11) Submitting monthly reports to the Insurance Department pursuant to 59 O.S. § 1314(B); (12) Providing to the Oklahoma Insurance Department required documentation regarding Notice of Appointment, Filing Fee, and Notice of Termination pursuant to 59 O.S. § 1317; and (13) Any other act that imposes any duty or obligation upon a licensed bail bondsman or surety

365:25-5-49. Property bondsman requirements (a) Pursuant to 59 O.S. § 1301(B)(8), a property bondsman means any person who has been approved by the Insurance Commissioner and who pledges real property as a security for a bail bond in a judicial proceeding and charges and receives money for his or her services. (b) In order to calculate the market value of property pursuant to 59 O.S. § 1324, an applicant that applies for the property line of authority shall submit to the Insurance Commissioner for approval the following documents for each property used to post bonds: (1) A certified copy of the Warranty Deed; (2) An attorney’s Title Opinion, which shall been prepared within the previous sixty (60) days prior to application; (3) A written statement from the county assessor stating the property’s assessed value and showing the legal description of said property; and (4) A written statement from any lien holder stating the current payoff amount on each lien. If there are no liens on the property, an applicant shall submit an Affidavit stating there are no liens.

PART 1. CONTINUING EDUCATION FOR BAIL BONDSMEN

365:25-5-1. Purpose The purpose of this Part is to set forth the prelicensing and continuing education requirements for bail bondsmen and to set forth the requirements for course approval.

365:25-5-2. Definitions The following words or terms, when used in this Part shall have the following meaning, unless the context clearly indicates otherwise: “Association” means the Oklahoma Bondsman Association. “CEC” means continuing education credit. “Certificate of course completion” means a document acceptable to the Commissioner and completed by the Association, which signifies satisfactory completion of the course and reflects hours of credit earned. “Clock hour” means credit hour. “Credit hour” shall consist of at least a fifty (50) minute classroom instructional session unless a correspondence or self-study course. “Education verification form” means a form acceptable to the Commissioner and completed by the licensee, which documents compliance with the prelicensing or continuing education requirements. “Instructor” means a person who presents course materials approved for prelicensing or continuing education credit hours and who has experience, training, and/or education in the course subject matter and has been approved by the Commissioner. “Licensee” means a natural person who is licensed by the Commissioner as a bail bondsman. “Proof of completion” means the certificate of course completion and education verification forms.

365:25-5-3. Education requirements (a) Education verification prior to licensure. Prior to taking the bail bondsman licensing examination, the applicant shall successfully complete the hours of prelicensing education required by 59 O.S. § 1308.1(A) in subjects pertinent to the duties and responsibilities of a bail bondsman. The prelicensing education shall be valid for one (1) year from the date obtained by the applicant. The applicant must pass the examination and apply within one (1) year from the date of the prelicensing education. (b) Continuing education. All bail bondsmen shall complete eight (8) credit hours of continuing education required by 59 O.S. § 1308.1(A) annually to meet the biennial requirement. (c) CE credit for instructor. An instructor who is a licensed bail bondsman shall receive the same continuing education credit for presenting approved course materials as a licensee who attends an approved classroom instructional session.

365:25-5-4. Application for course approval (a) Oklahoma Bondsman Association courses. The Oklahoma Bondsman Association shall apply for course approval from the Commissioner. The Association shall submit a fee to the Insurance Commissioner as set forth in 59 O.S. § 1308.1. (b) Information regarding OBA courses. The Oklahoma Bondsman Association shall submit the following information concerning educational courses: (1) Name, address and qualifications of the instructor; (2) Contact person, his or her address and telephone number; (3) The location of the courses or programs, unless it is an individual study or correspondence course; (4) The number of hours requested for each course; (5) Topic outlines which list the summarized topics covered in each course and upon request, a copy of any course materials. If a prior approved course has substantially changed, a summarization of those changes. (c) Instructor qualifications. An instructor shall have one of the following qualifications: (1) Three (3) years of recent experience in the subject area being taught; or (2) A degree related to the subject area being taught; or (3) Two (2) years of recent experience in the subject area being taught and twelve (12) hours of college and/or vocational technical school credit hours in the subject area being taught. (d) Losing course approval. The Commissioner may withhold or withdraw approval of any instructor or course for violation of or non-compliance with any provision of this section. (e) Course approval expiration. Each course approval shall be valid for a period of not more than two (2) years, unless the course has a material change. Material changes to courses require course resubmission for overall course review and approval. Course approval following the review of material changes shall reset the validity period. At the expiration of the validity period, providers shall submit the course for approval by the Commissioner if the provider wants to continue to offer the course for continuing education credit.

365:25-5-5. Approval or denial of course; certificate of completion (a) Approval required 30 days in advance. At least thirty (30) days in advance of the presentation of any course, the Association shall apply to the Commissioner for course approval. The Commissioner shall grant or deny approval based upon information submitted in 365:25-5-4 regarding each course or additional information regarding the course, if necessary. The Commissioner will assign the number of hours awarded for an approved course. (b) Written approval required. All courses shall require written approval. (c) Approval withheld or withdrawn. The Commissioner may withhold or withdraw approval for any course approval. This withdrawal will not affect any hours attained under the course. (d) Minimum one credit hour per course. Courses submitted for approval must consist of a minimum of one credit hour of course instruction. (e) CEC separate component of meetings. Courses conducted in conjunction with other meetings must have a separate continuing education course component. (f) Certificate of Course Completion. At the completion of each course, whether continuing education or prelicensing, the Association shall provide the bondsman with a “Certificate of Course Completion” form, which shall contain the verification of the Association that the bondsman completed the course so certified. (g) OBA supplies Commissioner with list of bondsmen completing course. At the completion of each course, the Association shall provide to the Commissioner a list of all bondsmen who completed the course. (h) OBA records maintained 4 years. The Association shall maintain course records for at least four (4) years.

365:25-5-6. Proof of completion; video courses (a) Correspondence courses. A bail bondsman who satisfactorily completes an approved course by correspondence and provides proof of satisfactory completion, as specified by the Commissioner, will receive credit for the number of hours assigned by the Commissioner for completion of the course. (b) Video courses. In order for a bail bondsman to receive credit for viewing an approved course presented by electronic recording, the bondsman must view the electronic recording under the supervision of an approved instructor, or under the supervision of an individual approved by the Oklahoma Bondsman Association, and swear by affidavit he has viewed the electronic recording in its entirety. The affidavit must be submitted to the Association.

365:25-5-7. Repeating courses A bondsman may repeat a course within the one year period if the maximum credits designated for the course were not attained in the first attempt. By repeating the course, the bondsman may not during the annual period earn more than the maximum credits designated for the course. A bondsman may repeat a course after one year has elapsed and receive the maximum credits designated for the course.

365:25-5-8. Extensions of time For good cause shown, the Commissioner may grant an extension of time during which the requirements imposed by 59 O.S. Section 1308 and 1308.1 may be completed. The extension shall not exceed twelve (12) months. The extension will not alter the requirements or due date of the succeeding twenty-four (24) month period. “Good cause” includes disability, natural disaster, or other extenuating circumstances. Each request for extension of time shall be in writing from the licensee and shall include details and any documentation to support the request. Each request must be received by the Commissioner no less than thirty (30) days before the expiration of the license.

365:25-5-9. Severability provision If any provision of this Part, or application of such provision to any person or circumstances, shall be held invalid, the remainder of the Part, and the application of such provision to person or circumstances other than those as to which it is held invalid, shall not be affected thereby.

As used in the Bail Enforcement and Licensing Act:

1. “Armed bail enforcer” means a bail enforcer having a valid license issued by the Council on Law Enforcement Education and Training authorizing the holder to carry an approved pistol or weapon in the recovery of a defendant pursuant to the Bail Enforcement and Licensing Act;

2. “Bail enforcer” means a person who acts, engages in, solicits or offers services to:

a. execute a prior to breach recovery of a defendant on an undertaking or bail bond contract, or

b. execute a recovery of a defendant for failure to appear on an undertaking or bail bond contract issued in this state, another state or the United States.

The term “bail enforcer” does not include any law enforcement officer actively employed by a law enforcement agency recognized in this state, or any of its political subdivisions, another state or the United States, while such officer is engaged in the lawful performance of duties authorized by his or her employing law enforcement agency, a bondsman licensed in this state and acting under the authority of his or her undertaking or bail contract or a licensed bondsman appointed by an insurer in this state with regard to a defendant on a bond posted by that insurer;

3. “Bail recovery contract” or “client contract” means an agreement to perform the services of a bail enforcer for a client. Only a bail enforcer licensed by the Council may enter into a client contract to perform the services of a bail enforcer. A bail enforcer is liable for his or her acts and omissions while executing a recovery of a defendant pursuant to a client contract;

4. “Client” means a bondsman or surety on an undertaking or bail bond contract issued in this state, another state or the United States that enters into a contract for the services of a bail enforcer;

5. “Council” or “CLEET” means the Council on Law Enforcement Education and Training;

6. “Defendant” means the principal on an undertaking or bail bond contract;

7. “License” means authorization issued by the Council pursuant to the Bail Enforcement and Licensing Act permitting the holder to perform functions and services as a bail enforcer;

8. “Weapon” means taser, stun gun, baton, night stick or any other device used to subdue a defendant, or any noxious substances as defined in paragraph 10 of this subsection;

9. “Recovery” or “surrender” means the presentation of a defendant to the public officer competent to receive the defendant into custody; and

10. “Noxious substance” means OC spray, pepper spray, mace or any substance used as a physiological irritant.

A. On and after February 1, 2015, no person shall act or engage in, solicit or offer services, or represent himself or herself, as a bail enforcer as defined by the Bail Enforcement and Licensing Act without first having been issued a valid license by the Council on Law Enforcement Education and Training.

B. On or after February 1, 2015, any person who shall act or engage in, solicit or offer services, or represent himself or herself, as a bail enforcer without a valid license issued by the Council shall be guilty of a felony, upon conviction, punishable by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not more than three (3) years, or by both such fine and imprisonment.

C. Any person violating the provisions of subsection B of this section while having in his or her possession or under his or her control any firearm or weapon, including a firearm under the authority of the Oklahoma Self-Defense Act, shall be punished, upon conviction, by an additional fine in an amount not exceeding Five Thousand Dollars ($5,000.00), or by an additional term of imprisonment up to three (3) years, or by both such fine and imprisonment. In addition, the authority to carry the firearm may be permanently revoked by the issuing authority.

A. To prevent a conflict of interest or the appearance of any conflict of interest, and in addition to the qualifications for a bail enforcer pursuant to Section 10 of this act, a person whose employment prohibits such person from being licensed as a bail bondsman as provided in subsection A of Section 1315 of Title 59 of the Oklahoma Statutes shall be prohibited from being licensed as a bail enforcer pursuant to the Bail Enforcement and Licensing Act. In addition, a district attorney, or any employee of an office of a district attorney, or any employee of the Department of Corrections shall be prohibited from being licensed as a bail enforcer or bail recovery agency while employed in such capacity.

B. Nothing in the Bail Enforcement and Licensing Act shall be construed to prohibit a bail bondsman, private investigator or security guard licensed in this state from being dual-licensed pursuant to the Bail Enforcement and Licensing Act.

A. It shall be unlawful for any person whose license as a bail enforcer has been suspended, revoked, surrendered or denied, to perform, or assist in the performance of, any function or service as a bail enforcer.

B. Except as provided in paragraph C of Section 1311.3 of this title, it shall be unlawful for a bail enforcer licensed in this state to assist, aid or conspire with an unlicensed person, or a person whose license as a bail enforcer or bail bondsman has been suspended, revoked, surrendered or denied, to engage in any function or service as a bail enforcer. Provided, however, a commissioned Oklahoma peace officer or reserve peace officer who is off-duty may assist a bail enforcer without having been issued a bail enforcer license. Any such peace officer engaged in a recovery and surrender shall wear clothing clearly marked “bail enforcer” or “bail enforcement” and shall not wear any clothing marked “police” or use any other words or phrases that imply that such person is associated with law enforcement or a government agency; or use any vehicle marked “police” or with any other words or phrases that imply that such a person is associated with law enforcement or a government agency; or display an official peace officer badge, except when the policies of the officer’s employing law enforcement agency, and the agency in whose jurisdiction the officer is engaged in a recovery and surrender, allows the officer to do so.

C. Any violation of this section shall be a violation of the Bail Enforcement and Licensing Act which is punishable as provided in Section 1350.2 of this title.

A. Notwithstanding any provision in Section 643 of Title 21 of the Oklahoma Statutes, the use or attempt to use force by a bail enforcer in the recovery of a defendant as defined in the Bail Enforcement and Licensing Act is prohibited when unnecessarily committed or when the force is excessive or unreasonable in manner, degree or duration.

B. Every bail enforcer shall be trained on the use of force and the rules for use of force promulgated for the Bail Enforcement and Licensing Act.

C. No force shall be authorized which is more than sufficient to temporarily restrain a defendant who has refused to obey a lawful command to surrender to the bail enforcer. The duration and manner of any force used by a bail enforcer shall be only that reasonably necessary to surrender the defendant to the public officer competent to receive such person into custody.

D. Any force used by a bail enforcer in self-defense while recovering a defendant or to defend another from injury or threat of injury while recovering a defendant shall be not more than sufficient to prevent an offense.

E. Any force deemed by the district attorney to be unnecessarily committed or excessive or unreasonable in manner, degree or duration may be prosecuted as a crime committed without justification or excusable cause under an existing provision of law.

A. Notwithstanding any other provision of law, it shall be unlawful for a bail enforcer to break into and enter the dwelling house of any defendant or third-party for purposes of recovery or attempted recovery of a defendant either:

1. By forcibly bursting or breaking the wall, or an outer door, window, or shutter of a window of such house or the lock or bolts of such door, or the fastening of such window or shutter;

2. By breaking in any other manner, being armed with a weapon or being assisted or aided by one or more persons then actually present; or

3. By unlocking an outer door by means of false keys or by picking the lock thereof, or by lifting a latch or opening a window.

B. A person violating the provisions of this section shall be guilty of burglary in the first degree and, upon conviction, punished as provided in Section 1436 of Title 21 of the Oklahoma Statutes. Provided, however, the offense and penalty stated in this section shall not apply to a licensed bail enforcer during an active attempt at recovery of a felony defendant under the following conditions:

a. the bail enforcer has first-hand or eyes-on knowledge that the defendant entered the dwelling house during an attempt to recover the defendant and the defendant after reasonable request is refusing to surrender,

b. the bail enforcer has first-hand or eyes-on knowledge that the defendant is actually within the dwelling house and after reasonable request is refusing to surrender, or

c. the bail enforcer has obtained knowledge confirming beyond a reasonable doubt that the defendant is actually within the dwelling house and after reasonable request refuses to surrender.

For purposes of this subsection, “first-hand knowledge” means information received from direct eye-witness testimony, actual visual contact with and confirmed identification of the defendant by a person who knows the defendant or resides at the dwelling house, or other factual evidence provided directly to the licensed bail enforcer that confirms the identity and presence of the defendant within the dwelling house.

The exceptions to the offense and penalty in this section shall not limit or restrict another person within or without the dwelling house, or owning the dwelling house, from taking any action in response to or to defend a forced entry into such dwelling house, including use of a firearm as may be authorized by law. The use of an exception provided in this subsection by a licensed bail enforcer shall be a fact to be determined by the district attorney in considering whether to prosecute an offense under this section. Any person exercising his or her right to respond or protect the dwelling house or its occupants shall not be liable for injury to another who was forcing entry into such dwelling house. An owner or occupant of a dwelling house may seek damages to his or her property in a civil action if such damage resulted from a forced entry by a licensed bail enforcer.

A. The Director of the Council on Law Enforcement Education and Training, and any staff member designated by the Director, shall have all the powers and authority of peace officers of this state for the purposes of enforcing the provisions of the Bail Enforcement and Licensing Act, and all other duties which are or may be conferred upon the Council by the Bail Enforcement and Licensing Act. The powers and duties conferred on the Director or any staff member appointed by the Director as a peace officer shall not limit the powers and duties of other peace officers of this state or any political subdivision thereof. Nothing in the Bail Enforcement and Licensing Act shall be construed to restrict the Director from appointing the same staff members as peace officers to enforce both the Oklahoma Security Guard and Private Investigator Act and the Bail Enforcement and Licensing Act.

B. The Council shall have the following powers and duties:

1. To promulgate rules and forms to implement, enforce and carry out the purposes of the Bail Enforcement and Licensing Act;

2. To establish and enforce standards governing the training of persons required to be licensed pursuant to the Bail Enforcement and Licensing Act with respect to:

a. issuing, denying, or revoking certificates of approval to bail enforcement training schools, and programs administered by the state, a county, a municipality, a private corporation, or an individual,

b. certifying instructors at approved bail enforcement training schools,

c. establishing minimum requirements for bail enforcement training schools and periodically reviewing these standards, and

d. providing for periodic inspection of all bail enforcement training schools or programs;

3. To establish minimum curriculum requirements for training as the Council may require for bail enforcers and armed bail enforcers. Training requirements for unarmed bail enforcers shall be not less than forty (40) hours of instruction which shall be in addition to the Phase I, II, and III training requirements. Training requirements for armed bail enforcers shall be the same as for unarmed bail enforcers plus Phase IV firearm and weapons training;

4. To establish minimum requirements for a mandatory continuing education program for all licensed bail enforcers which shall include, but not be limited to:

a. establishing a designated minimum number of clock hours of required attendance, not less than twenty-four (24) clock hours during the licensing period, at accredited educational functions,

b. establishing the penalties to be imposed upon a licensee for failure to comply with the continuing education requirements, and

c. providing that the expense of such continuing education shall be paid by the licensee participating therein;

5. To grant a waiver of any training requirement, except firearms training and weapons training which shall be required for an armed bail enforcer license, unless the applicant has completed at least one (1) year of full-time employment as an armed security guard, armed private investigator, or CLEET-certified law enforcement officer within the three-year period immediately preceding the date of application and the applicant provides sufficient documentation thereof as may be required by the Council;

6. To grant an applicant credit for fulfilling any prescribed course or courses of training, including firearms training, upon submission of acceptable documentation of comparable training. The Council may grant or refuse any such credit at its discretion;

7. To issue the licenses and identification cards provided for in the Bail Enforcement and Licensing Act;

8. To investigate alleged violations of the Bail Enforcement and Licensing Act, or rules promulgated pursuant thereto, and to deny, suspend, or revoke licenses and identification cards if necessary, or to issue notices of reprimand to licensees with or without probation under the rules promulgated by the Council;

9. To investigate alleged violations of the Bail Enforcement and Licensing Act by persons not licensed in this state as bail enforcers and to impose administrative sanctions pursuant to rule, to seek injunctions pursuant to Section 1750.2A of Title 59 of the Oklahoma Statutes, or seek criminal prosecution, or any and all of the foregoing;

10. To provide all forms for applications, identification cards, badges, and licenses required by the Bail Enforcement and Licensing Act;

11. To immediately suspend a license if a licensee’s actions present a danger to the licensee or to the public; and

12. To require additional testing for continuation or reinstatement of a license if a licensee exhibits an inability to exercise reasonable judgment, skill, or safety.

C. The Council may use staff and resources established for the Oklahoma Security Guard and Private Investigator Act to implement, administer and enforce the Bail Enforcement and Licensing Act and shall use funds available from the CLEET Bail Enforcement Revolving Fund created pursuant to Section 21 of this act for necessary financial support for the Bail Enforcement and Licensing Act.

D. Nothing in the Bail Enforcement and Licensing Act or the Oklahoma Security Guard and Private Investigator Act shall be construed to prohibit the Council from authorizing approved training schools or individuals to conduct combined education or training for security guards, private investigators and bail enforcers, including Phases I, II, III and IV training.

A. Each applicant for a bail enforcer license shall be administered any current standard form of the Minnesota Multiphasic Personality Inventory (MMPI), or other psychological evaluation instrument approved by the Council on Law Enforcement Education and Training, which shall be administered in conjunction with training in Phase I required by the Bail Enforcement and Licensing Act. The bail enforcer training school administering such instrument shall forward the response data to a psychologist licensed by the State Board of Examiners of Psychologists for evaluation. The licensed psychologist shall be of the applicant’s choice. It shall be the responsibility of the applicant to bear the cost of the psychological evaluation. No bail enforcer license shall be issued unless the applicant meets the standards established by the Council for psychological evaluation.

B. If the licensed psychologist is unable to certify the applicant’s psychological capability to exercise appropriate judgment, restraint, and self-control, after evaluating the data, the psychologist shall employ whatever other psychological measuring instruments or techniques deemed necessary to form a professional opinion. The use of any psychological measuring instruments or techniques shall require a full and complete written explanation to the Council.

C. The psychologist shall forward a written psychological evaluation, on a form prescribed by the Council, to the Council within fifteen (15) days of the evaluation, even if the applicant is found to be psychologically at risk. The Council may utilize the results of the psychological evaluation for up to six (6) months from the date of the evaluation after which the applicant shall be reexamined. No person who has been found psychologically at risk in the exercise of appropriate judgment, restraint, or self-control shall reapply for certification until one (1) year from the date of being found psychologically at risk.

D. 1. Retired peace officers who have been certified by the Council shall be exempt from the provisions of this section for a period of one (1) year from retirement; provided there is no evidence of an inability to exercise appropriate judgment, restraint, and self-control during prior active duty as a law enforcement officer and upon subsequent retirement.

2. Retired peace officers who are not exempt from this section and who have previously undergone treatment for a mental illness, condition, or disorder which required medication or supervision, as defined by paragraph 7 of Section 1290.10 of Title 21 of the Oklahoma Statutes, shall not be eligible to apply for a bail enforcer license except upon presentation of a certified statement from a licensed physician stating that the person is no longer disabled by any mental or psychiatric illness, condition, or disorder.

A. Except as prohibited by Section 1350.3 of this title, a bail enforcer license or an armed bail enforcer license may be issued to an applicant meeting the following qualifications. The applicant shall:

1. Be a citizen of the United States or an alien legally residing in the United States and have a minimum of six (6) months legal residence documented in this state;

2. Be at least twenty-one (21) years of age;

3. Have a high school diploma or GED, or offer proof sufficient to CLEET of equivalent GED qualifications, and have successfully completed the training and psychological evaluation requirements for the license applied for, as prescribed by the Council on Law Enforcement Education and Training;

4. Have no final victim protection orders issued in any state as a defendant;

5. Have no record of a felony conviction or any expungement or a deferred judgment or suspended sentence for a felony offense, unless at least fifteen (15) years have passed since the completion of the sentence and no other convictions have occurred or are pending. Provided, no person convicted of a felony offense shall be eligible for an armed bail enforcer license;

6. Have no record of conviction for assault or battery, aggravated assault or battery, larceny, theft, false pretense, fraud, embezzlement, false personation of an officer, any offense involving a minor as a victim, any nonconsensual sex offense, any offense involving the possession, use, distribution, or sale of a controlled dangerous substance, any offense of driving while intoxicated or driving under the influence of intoxicating substance, any offense involving a firearm, or any other offense as prescribed by the Council.

a. If any conviction which disqualifies an applicant occurred more than five (5) years prior to the application date and the Council is convinced the offense constituted an isolated incident and the applicant has been rehabilitated, the Council may, in its discretion, waive the conviction disqualification as provided for in this paragraph and issue an unarmed bail enforcer license, but shall not issue an armed bail enforcer license if the offense involved the use of a firearm, was violent in nature, or was a felony offense other than a driving offense.

b. Under oath, the applicant shall certify that he or she has no disqualifying convictions as specified in the Bail Enforcement and Licensing Act or by rule of the Council, or that more than five (5) years have lapsed since the completion of the sentence for a disqualifying conviction.

c. The applicant shall further meet all other qualifications, including, but not limited to, the requirement to provide CLEET and the Oklahoma State Bureau of Investigation with individual fingerprints for a state and national criminal history records search and a current individual photograph with the completed CLEET application for a bail enforcer license.

d. If upon completion of the required background investigation it is discovered that a disqualifying conviction exists, the Council shall immediately revoke or deny the bail enforcer license of the applicant;

7. Make a statement that the applicant is not currently undergoing treatment for a mental illness, condition, or disorder, make a statement whether the applicant has ever been adjudicated incompetent or committed to a mental institution, and make a statement regarding any history of illegal drug use or alcohol abuse. Upon presentation by the Council of the name, gender, date of birth, and address of the applicant to the Department of Mental Health and Substance Abuse Services, the Department of Mental Health and Substance Abuse Services shall notify the Council within ten (10) days whether the computerized records of the Department indicate the applicant has ever been involuntarily committed to an Oklahoma state mental institution. For purposes of this subsection, “currently undergoing treatment for a mental illness, condition, or disorder” means the person has been diagnosed by a licensed physician or psychologist as being afflicted with a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life and such condition continues to exist;

8. Make a statement regarding any misdemeanor domestic violence charges;

9. Provide proof of liability insurance or an individual bond in a minimum amount established by the Bail Enforcement and Licensing Act; and

10. Provide a statement of self-employment as a sole proprietor bail enforcer.

B. 1. A bail enforcer shall be required to maintain a physical address and phone number publically available and published in the city or county where the physical address is located. Only a licensed bail enforcer may accept a client contract to perform the services of a bail enforcer.

2. A licensed bail enforcer shall be required to maintain complete records of all clients, defendants and apprehensions, and agree such records shall be available to CLEET for inspection at any time during regular business hours.

C. 1. All bail enforcers shall obtain and maintain either a liability insurance policy or a surety bond that allows persons to recover for actionable injuries, loss, or damage as a result of the willful, or wrongful acts or omissions of the licensee and protects this state, its agents, officers and employees from judgments against the licensee, and is further conditioned upon the faithful and honest conduct of the licensee.

2. The liability insurance policy or surety bond required in this subsection shall be in the minimum amount of Ten Thousand Dollars ($10,000.00).

3. Liability insurance policies or bonds issued pursuant to this subsection shall not be modified or canceled unless ten (10) days’ prior written notice is given to the Council. All persons insured or bonded pursuant to this subsection shall be insured by an insurance carrier or bonded by a surety company licensed and authorized to do business in the state. Failure to obtain and maintain sufficient liability insurance or bond as provided in the Bail Enforcement and Licensing Act shall be grounds for revocation of a license.

D. Upon written notice, any license may be placed on inactive status.

A. 1. Application for a bail enforcer license shall be made on forms provided by the Council on Law Enforcement Education and Training and shall be submitted in writing by the applicant under oath. The application shall require the applicant to furnish information reasonably required by the Council to implement the provisions of the Bail Enforcement and Licensing Act, including classifiable fingerprints to enable the search of criminal indices for evidence of a prior criminal record, including, but not limited to, a national criminal history record check as defined by Section 150.9 of Title 74 of the Oklahoma Statutes.

2. Upon request of the Council, the Oklahoma State Bureau of Investigation and other state and local law enforcement agencies shall furnish a copy of any existent criminal history data relating to an applicant to enable the Council to determine the qualifications and fitness of such applicant for a license.

B. 1. On and after February 1, 2015, the original application and any license renewal shall be accompanied by a fee of:

a. Three Hundred Dollars ($300.00) for an unarmed bail enforcer license, or

b. Four Hundred Dollars ($400.00) for an armed bail enforcer license.

If an individual does not qualify for the type of license or renewal license requested, the Council shall retain twenty percent (20%) of the licensing fee as a processing fee and refund the remaining amount to the individual or agency submitting payment. In addition to the fees provided in this subsection, the original application for a bail enforcer license shall be accompanied by a nonrefundable fee for a national criminal history record check with fingerprint analysis, as provided in Section 150.9 of Title 74 of the Oklahoma Statutes.

2. A licensee whose license has been suspended may apply for reinstatement of license after the term of the suspension has passed, if otherwise qualified. Any application for reinstatement following a suspension of licensure shall be accompanied by a nonrefundable fee of:

a. One Hundred Dollars ($100.00) for the reinstatement of an unarmed bail enforcer license, or

b. One Hundred Fifty Dollars ($150.00) for an armed bail enforcer license.

A revoked license shall not be reinstated.

3. Any renewal application of a license received after the expiration date of the license shall be accompanied by a nonrefundable late fee of Fifty Dollars ($50.00) for an unarmed bail enforcer license and a late fee of One Hundred Dollars ($100.00) for an armed bail enforcer license. A license application received more than thirty (30) days after the expiration date is not renewable and the applicant must complete a new application.

4. The fees charged and collected, including portions of fees retained as processing fees, pursuant to the provisions of this section shall be deposited to the credit of the CLEET Bail Enforcement Revolving Fund created pursuant to Section 1350.20 of this title.

C. On and after February 1, 2015, a bail enforcer license or armed bail enforcer license shall be valid for a period of three (3) years and may be renewed for additional three-year terms.

D. The Council shall devise a system for issuance of licenses for the purpose of evenly distributing the expiration dates of the licenses.

E. Pursuant to rule, the Council may issue a duplicate license to a person licensed pursuant to the provisions of the Bail Enforcement and Licensing Act. On and after February 1, 2015, the Council may assess a fee of Twenty-five Dollars ($25.00) for the issuance of a duplicate license. The fee shall accompany the request for a duplicate license. All duplicate license fees shall be deposited to the credit of the CLEET Bail Enforcement Revolving Fund created pursuant to Section 1350.20 of this title.

A. A bail enforcer license or armed bail enforcer license shall be subject to denial, suspension, or revocation and/or disciplinary action or administrative fine by the Council on Law Enforcement Education and Training subject to the Administrative Procedures Act for, but not limited to, the following reasons by clear and convincing evidence:

1. Falsification or a willful misrepresentation of information in an employment application, application to the Council on Law Enforcement Education and Training, records of evidence or in testimony under oath;

2. Failure to successfully complete any prescribed phase or course of training as required by the Council;

3. Violation of any provision of the Bail Enforcement and Licensing Act or any rule promulgated pursuant thereto;

4. A conviction, entry of a plea of guilty or nolo contendere or an “Alford” plea or any plea other than a not guilty plea for assault or battery, aggravated assault or battery, larceny, theft, false pretense, fraud, embezzlement, false personation of an officer, any offense involving a minor as a victim, any nonconsensual sex offense, any offense involving the possession, use, distribution, or sale of a controlled dangerous substance, any offense of driving while intoxicated or driving under the influence of intoxicating substance, any offense involving a firearm, any felony or any other offense as proscribed by the Council;

5. Use of beverages containing alcohol while armed with a firearm;

6. Knowingly impersonating a law enforcement officer;

7. Improper use of force pursuant to the Bail Enforcement and Licensing Act;

8. Failure to carry and possess proper license, identification or documents required by the Bail Enforcement and Licensing Act or any rules promulgated pursuant thereto;

9. Improper apparel or vehicle pursuant to the Bail Enforcement and Licensing Act;

10. Improper carry, display or use of a firearm, weapon or noxious substance;

11. Unlawful entry into a dwelling house, structure, property or vehicle or improper detention of any person;

12. Employing, authorizing, or permitting an unlicensed person to perform or engage in services as a bail enforcer;

13. Permitting a person to perform or engage in services as a bail enforcer knowing the person has committed any offense prohibited by the Bail Enforcement and Licensing Act;

14. Revocation or voluntary surrender of police or peace officer certification, private security guard license, private investigator license, or bail enforcer license in another state for a violation of any law or rule or in settlement of any disciplinary action in such state; or

15. If an applicant is the defendant in a criminal prosecution that is pending, no license will be issued until final resolution of the criminal prosecution. If an applicant is the subject of an order deferring imposition of judgment and sentence, no license will be issued until completion of the deferred sentence and dismissal of the criminal prosecution without a finding of guilt.

B. Upon the effective date of suspension or revocation of any license pursuant to the Bail Enforcement and Licensing Act, the licensee shall have the duty to surrender the license and any identification card issued pursuant thereto to the Council.

A. It shall be unlawful for any person engaged in a recovery and surrender to mark any vehicle, wear any apparel, or display any badge or identification card bearing the words “police”, “deputy”, “detective”, “officer”, “agent”, “investigator”, “fugitive agent”, “recovery agent”, “enforcement officer”, “bounty hunter”, “bail agent”, or “recovery detective” or use any other words or phrases that imply that such person is associated with law enforcement or a government agency except as provided in paragraph B of Section 1350.4 of this title.

B. It shall be unlawful for any person not duly licensed or not authorized to engage in a recovery and surrender pursuant to the Bail Enforcement and Licensing Act to mark any vehicle, wear any apparel, or display any badge or identification card bearing the words “bail enforcer”, “bail enforcement” or “bail enforcement agency” or use any other words or phrases that imply that such person is licensed or authorized to act under the Bail Enforcement and Licensing Act or state or federal laws.

C. Any person duly licensed, or authorized to engage in a recovery and surrender pursuant to the Bail Enforcement and Licensing Act, shall wear apparel bearing the words “bail enforcer” or “bail enforcement” during the recovery and surrender as provided in paragraph B of Section 1350.4 of this title.

D. Any violation shall be a violation of the Bail Enforcement and Licensing Act which is punishable as provided in Section 1350.2 of this title, or the violator may be prosecuted for false impersonation of an officer.

No person licensed as a bail enforcer shall:

1. Invade the privacy of a defendant without lawful authority or divulge any information gained by him or her in the course of employment except as the client may direct as permitted by law, or as may be required by law to be disclosed;

2. Willfully make a false report to any person;

3. Attempt any location, recovery or surrender of a defendant without having in his or her possession a written client contract;

4. Attempt any location, recovery or surrender of a defendant without having in his or her possession a certified copy of the undertaking or bail bond contract;

5. Wear any apparel, badges, shields, ballistic vest or helmet during the recovery of a defendant unless such item is clearly marked “Bail Enforcer” or “Bail Enforcement”;

6. Carry any firearm or weapon in the recovery of a defendant without a valid armed bail enforcer license, or carry any firearm or weapon when wearing bail enforcer apparel and not actively engaged in the recovery of a defendant;

7. Point, display or discharge a firearm or weapon or administer a noxious substance as defined by the Bail Enforcement and Licensing Act in the recovery of a defendant without lawful authority and training as provided by the rules promulgated by the Council on Law Enforcement Education and Training;

8. Wear any uniform or use any title, insignia, badge or identification card or make any statements that would lead a person to believe that he or she is connected in any way with the federal government, a state government, or any political subdivision of a state government, or law enforcement agency, or to permit another person assisting in a recovery of a defendant to do such prohibited acts;

9. Unlawfully enter into the dwelling house, structure, property or vehicle of a defendant or third party;

10. Improperly use force against a defendant or third party;

11. Disobey any local ordinance, state or federal law, including traffic laws, in attempting to locate, recover or surrender a defendant;

12. Use a fictitious name in the recovery of a defendant;

13. Use or modify any vehicle for purposes of bail enforcement that resembles or bears markings or exterior equipment similar to those markings or equipment of an authorized law enforcement agency in this state, or any of its political subdivisions, or that bear any fictitious name, emblems, stickers, seals or design that would imply to the public that the vehicle is a law enforcement vehicle from this state, another state, any political subdivision of a state, the United States, or another country or territory; or

14. Disobey any rules promulgated for the Bail Enforcement and Licensing Act.

A violation of any provision of this subsection shall be punishable as provided in Section 1350.2 of this title. In addition, the Council may suspend or revoke the license of the bail enforcer as provided by the rules promulgated pursuant to the Bail Enforcement and Licensing Act.

The Council on Law Enforcement Education and Training (CLEET) or its employees shall not disclose application information pertaining to applicants or persons licensed pursuant to the Bail Enforcement and Licensing Act, except:

1. To verify the current license status of an applicant or licensee to the public;

2. As may be necessary to perform duties or comply with rules or law pursuant to the Bail Enforcement and Licensing Act;

3. To a bona fide law enforcement agency or judicial authority, upon request;

4. To an insurance company licensed in this state for purposes of issuing a bond for licensure or for claims purposes;

5. To provide the published name, address and phone number, upon request by the public; provided, however, CLEET may withhold the physical residence address of an applicant or licensee from the public when the applicant or licensee has so requested and has provided CLEET a business or alternative address for public dissemination;

6. As required by court order;

7. To provide final orders where an applicant or licensee was the respondent in or was the subject of an administrative proceeding initiated by CLEET; or

8. To provide information regarding application information to the agency employing a licensee including, but not limited to, information and/or documentation requested by CLEET from the applicant or licensee to complete the application process.

A. Each bail enforcer licensed pursuant to the Bail Enforcer and Licensing Act shall carry a valid driver license or state-issued photo identification card and the bail enforcer badge authorized or issued by the Council on Law Enforcement Education and Training at all times while performing the functions and services of a bail enforcer in this state.

B. 1. Each discharge of a firearm by any person during the recovery or surrender of a defendant pursuant to the Bail Enforcement and Licensing Act shall be immediately reported to the law enforcement agency having jurisdiction where such firearm was discharged.

2. Each discharge of or use of a firearm or weapon or any noxious substance as defined in the Bail Enforcement and Licensing Act shall be reported to the Council who shall keep records of all such occurrences.

A. The words “Bail Enforcer” or “Bail Enforcement” shall be displayed in bold letters on all clothing worn during the recovery of a defendant and such words together with the person’s valid state-issued license number shall be on the badge authorized by or issued by CLEET, which badge shall be in the possession of and visibly displayed by the bail enforcer during the recovery of a defendant.

B. Vehicles used by a bail enforcer, if marked, must bear the words “Bail Enforcer” or “Bail Enforcement”. No such vehicle shall be equipped with a siren, a lamp with a red or blue lens, or an overhead light or lights with red or blue lens.

C. Any violation of provisions of this section shall be punishable as provided in Section 3 1350.2 of this title. In addition, the Council on Law Enforcement Education and Training may suspend or revoke the license pursuant to the rules promulgated for such prohibited conduct.

A. On and after the effective date of this act, private schools desiring to conduct any or all phases of bail enforcement training shall submit an application for a certificate of approval to the Council on Law Enforcement Education and Training. The application shall be accompanied by a fee of Three Hundred Dollars ($300.00). The certificate shall be renewed annually by July 1. The renewal fee shall be Three Hundred Dollars ($300.00). If the school does not qualify for a certificate or renewal certificate, the Council shall retain twenty percent (20%) of the fee as a processing fee and refund the balance to the school. The processing fee shall be credited and deposited in the CLEET Bail Enforcement Revolving Fund created pursuant to Section 21 of this act.

B. A listing of qualified and certified bail enforcement training schools shall be available from the Council. Any certified school may conduct continuing education courses on subjects approved by the Council.

A. The firearm training for armed bail enforcers may include the reduction targets for weapons fired at fifty (50) feet to simulate weapons fired at seventy-five (75) feet in indoor ranges. All indoor ranges for this training shall have a minimum of three firing lanes and be approved by the Council on Law Enforcement Education and Training.

B. The Council shall approve the standards and curriculum for approved training schools on training and use of tasers, stun guns and other approved weapons and the administration of noxious substances as defined in the Bail Enforcement and Licensing Act. No bail enforcer shall be permitted to carry a weapon or administer noxious substances in the recovery of a defendant without successful completion of the training requirement established by the Council for bail enforcers.

Every bail enforcer who holds a valid license in this state shall have access to the jails of this state for the purpose of surrendering persons recovered pursuant to the Bail Enforcement and Licensing Act, and the rules adopted by the Council on Law Enforcement Education and Training. Each surrender of a person to jail by a licensed bail enforcer shall require presentation of a copy of the bail undertaking, contract for recovery of the defendant by the bail enforcer, or a copy of the warrant for arrest and surrender to custody for failure to appear.

There is hereby created in the State Treasury a revolving fund for the Council on Law Enforcement Education and Training to be designated the “CLEET Bail Enforcement Revolving Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all application fees, license fees, renewal fees, late fees, administrative fines, and other funds assessed or collected pursuant to the Bail Enforcement and Licensing Act. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Council for the implementation, administration and enforcement of the Bail Enforcement and Licensing Act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of State Finance for approval and payment.