Okla. Stat. tit. 22, § 22-1108.1
This is the official text of Okla. Stat. tit. 22, § 22-1108.1, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Own recognizance bonds - Requirements for posting -
Official statutory text
Forfeiture action and collection of forfeiture.
A. Own recognizance bonds set in a penal amount shall be posted
by executing an own recognizance indenture contract which shall be
executed and maintained by the district court clerk. The indenture
shall constitute an inchoate obligation to pay in the event
forfeiture proceedings are commenced and result in a final order of
forfeiture by the authorizing and issuing judge of the district
court.
Oklahoma Statutes - Title 22. Criminal Procedure Page 413
B. Setting aside of forfeitures shall be governed by the same
rules and procedures applicable to cash, property or surety bonds;
provided that, if the forfeiture is set aside, the district court
shall exempt from forfeiture set aside all reasonable costs of
recovery to return the defendant to custody, and an administrative
fee to be retained by the court fund in a sum not to exceed ten
percent (10%) of the total penal bond amount plus all costs incurred
in processing the forfeiture proceeding to include costs of notices,
warrants, service and execution.
C. The final judgment of forfeiture shall constitute a judgment
enforceable through all procedures available for the collection of a
civil judgment, provided that the judgment shall be considered a
debt in the nature of defalcation as defined by the United States
Bankruptcy Code, and shall not be subject to other forms of debtor
relief. The judgment shall be subject to collection as costs in the
underlying action regardless of final disposition or determination
of guilt.
D. The district attorney or the Administrator of the District
Court Cost Collection Division as determined by administration order
in each judicial district shall initiate the forfeiture action and
collection of forfeitures and shall receive one-third (1/3) of all
sums collected from the ten-percent premium, not to include costs as
defined in subsection B of this section, to offset the costs of
administering the program.
E. This section does not apply to :
1. Traffic or wildlife cases;
2. Cases concerning violations of emergency ex parte or final
protective orders, as provided in Sections 60.2 and 60.3 of this
title;
3. Domestic abuse cases, as provided in Section 644 of Title 21
of the Oklahoma Statutes; and
4. Stalking or harassment cases, as provided in Section 1173 of
Title 21 of the Oklahoma Statutes.
A. Own recognizance bonds set in a penal amount shall be posted
by executing an own recognizance indenture contract which shall be
executed and maintained by the district court clerk. The indenture
shall constitute an inchoate obligation to pay in the event
forfeiture proceedings are commenced and result in a final order of
forfeiture by the authorizing and issuing judge of the district
court.
Oklahoma Statutes - Title 22. Criminal Procedure Page 413
B. Setting aside of forfeitures shall be governed by the same
rules and procedures applicable to cash, property or surety bonds;
provided that, if the forfeiture is set aside, the district court
shall exempt from forfeiture set aside all reasonable costs of
recovery to return the defendant to custody, and an administrative
fee to be retained by the court fund in a sum not to exceed ten
percent (10%) of the total penal bond amount plus all costs incurred
in processing the forfeiture proceeding to include costs of notices,
warrants, service and execution.
C. The final judgment of forfeiture shall constitute a judgment
enforceable through all procedures available for the collection of a
civil judgment, provided that the judgment shall be considered a
debt in the nature of defalcation as defined by the United States
Bankruptcy Code, and shall not be subject to other forms of debtor
relief. The judgment shall be subject to collection as costs in the
underlying action regardless of final disposition or determination
of guilt.
D. The district attorney or the Administrator of the District
Court Cost Collection Division as determined by administration order
in each judicial district shall initiate the forfeiture action and
collection of forfeitures and shall receive one-third (1/3) of all
sums collected from the ten-percent premium, not to include costs as
defined in subsection B of this section, to offset the costs of
administering the program.
E. This section does not apply to :
1. Traffic or wildlife cases;
2. Cases concerning violations of emergency ex parte or final
protective orders, as provided in Sections 60.2 and 60.3 of this
title;
3. Domestic abuse cases, as provided in Section 644 of Title 21
of the Oklahoma Statutes; and
4. Stalking or harassment cases, as provided in Section 1173 of
Title 21 of the Oklahoma Statutes.
Status: in_force · Read it on the official government site
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