reglab/housing_qa huggingface dataset:
59 OK Stat § 59-1311.4 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1311.4. Assisting other licensed bondsmen.

|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; or2. 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.Added by Laws 2014, c. 373, § 13, eff. July 1, 2014. Amended by Laws 2016, c. 203, § 7, eff. Nov. 1, 2016.
59 OK Stat § 59-1312 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1312. Appeals.

|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. |Laws 1965, c. 184, § 12, eff. Jan. 1, 1966; Laws 1984, c. 225, § 14, emerg. eff. May 23, 1984; Laws 1992, c. 98, § 6, eff. Sept. 1, 1992.
59 OK Stat § 59-1315.1 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1315.1. Owners of certain restaurant establishments permitted to be bondsmen - ABLE Commission investigations.

|A. On and after November 1, 2015, as an exception to the provisions in paragraph 8, 9, 10 or 11 of subsection A of Section 1315 of 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. |B. 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 1315 of this title may execute the duties of a bondsman or have a bondsman office on the premises of such establishment.C. 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 1315 of this title shall apply to or be construed as an exception for a bail enforcer.D. 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 1315 of 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 1315 of 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.Added by Laws 2015, c. 212, § 1, eff. Nov. 1, 2015. Amended by Laws 2021, c. 368, § 3, eff. Nov. 1, 2021.
59 OK Stat § 59-1317 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1317. Insurers to give notice of appointment of bondsmen or managing general agent - Filing fee - Termination of appointment - Affidavit - Authority of bondsmen.

|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.Added by Laws 1965, c. 184, § 17, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 18, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 17, eff. Nov. 1, 1987; Laws 1989, c. 257, § 8, eff. Nov. 1, 1989; Laws 1990, c. 195, § 7, emerg. eff. May 10, 1990; Laws 1995, c. 357, § 4, eff. Nov. 1, 1995; Laws 2004, c. 167, § 1, eff. Nov. 1, 2004; Laws 2008, c. 184, § 30, eff. July 1, 2008; Laws 2010, c. 222, § 61, eff. Nov. 1, 2010; Laws 2013, c. 150, § 7, eff. Nov. 1, 2013; Laws 2014, c. 385, § 3, eff. Nov. 1, 2014; Laws 2015, c. 110, § 9, eff. Nov. 1, 2015; Laws 2016, c. 203, § 10, eff. Nov. 1, 2016.
59 OK Stat § 59-1318 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1318. Discontinuance of writing bail bonds.

|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.Amended by Laws 1984, c. 225, § 19, emerg. eff. May 23, 1984.
59 OK Stat § 59-1321 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1321. Qualifications of sureties.

|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; or6. 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.Added by Laws 1965, c. 184, § 21, eff. Jan. 1, 1966. Amended by Laws 1987, c. 211, § 19, eff. Nov. 1, 1987; Laws 2015, c. 110, § 11, eff. Nov. 1, 2015.
59 OK Stat § 59-1322 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1322. Affidavit as to undertaking.

|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.Added by Laws 1965, c. 184, § 22, eff. Jan. 1, 1966. Amended by Laws 1993, c. 170, § 4, eff. Sept. 1, 1993; Laws 1997, c. 133, § 510, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 371, eff. July 1, 1999; Laws 2010, c. 222, § 62, eff. Nov. 1, 2010.NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 510 from July 1, 1998, to July 1, 1999.
59 OK Stat § 59-1323 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1323. Cash bond.

|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. |Laws 1965, c. 184, § 23, eff. Jan. 1, 1966.
59 OK Stat § 59-1324 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1324. Property bond.

|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.Laws 1965, c. 184, § 24; Laws 1970, c. 191, § 1, emerg. eff. April 13, 1970.
59 OK Stat § 59-1325 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1325. Substitution of bail.

|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; and2. 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.Laws 1965, c. 184, § 25, eff. Jan. 1, 1966; Laws 1993, c. 170, § 5, eff. Sept. 1, 1993.
59 OK Stat § 59-1326 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1326. Defects, omissions, irregularities, etc.

|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.Amended by Laws 1984, c. 225, § 22, emerg. eff. May 23, 1984.
59 OK Stat § 59-1329 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1329. Arrest - Commitment.

|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; or3. 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.Added by Laws 1965, c. 184, § 29, eff. Jan. 1, 1966. Amended by Laws 2005, c. 71, § 3, eff. Nov. 1, 2005; Laws 2013, c. 407, § 25, eff. Nov. 1, 2013.
59 OK Stat § 59-1331 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1331. Property bond - Forfeiture - Filing fee - Collection of forfeiture.

|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.Amended by Laws 1984, c. 225, § 23, emerg. eff. May 23, 1984.
59 OK Stat § 59-1332.1 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1332.1. Persons permitted to return defendant to custody.

|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; or3. A peace officer acting within the peace officer's jurisdiction.Added by Laws 1998, c. 182, § 2, emerg. eff. April 29, 1998. Amended by Laws 2013, c. 407, § 27, eff. Nov. 1, 2013.
59 OK Stat § 59-1333 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1333. Enforcement of liability.

|All liability of the bondsman may be enforced on motion without necessity of an independent action if conformance with the foregoing is shown. |Laws 1965, c. 184, § 33, eff. Jan. 1, 1966.
59 OK Stat § 59-1334 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1334. Bail on personal recognizance.

|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.Added by Laws 1965, c. 184, § 34. Amended by Laws 1994, c. 331, § 5, eff. Sept. 1, 1994.
59 OK Stat § 59-1335 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1335. Penalty for incurring forfeiture or failing to comply with personal recognizance.

|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. |Added by Laws 1965, c. 184, § 35, eff. Jan. 1, 1966. Amended by Laws 1970, c. 72, § 1, emerg. eff. March 20, 1970; Laws 1997, c. 133, § 511, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 372, eff. July 1, 1999.NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 511 from July 1, 1998, to July 1, 1999.
59 OK Stat § 59-1335.1 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1335.1. Penalty for providing false information on undertaking or indemnification agreement.

|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. |Added by Laws 2006, c. 135, § 2, eff. Nov. 1, 2006.
59 OK Stat § 59-1336 (2021)
2021 Oklahoma Statutes|Title 59. Professions and Occupations|§59-1336. Penalty.

|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.Laws 1965, c. 184, § 36, eff. Jan. 1, 1966; Laws 1984, c. 225, § 25, emerg. eff. May 23, 1984; Laws 1992, c. 98, § 9, eff. Sept. 1, 1992.