Okla. Stat. tit. 59, § 59-1328
This is the official text of Okla. Stat. tit. 59, § 59-1328, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.
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Procedure for surrender of defendant - Recommitment
Official statutory text
procedure.
A. 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
Oklahoma Statutes - Title 59. Professions and Occupations Page 1041
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:
a. 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,
b. the case number, if any, assigned to each bond, and
c. the specific charges and bond amount or amounts;
2. 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
3. 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.
B. 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 1311.4 of 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
Oklahoma Statutes - Title 59. Professions and Occupations Page 1042
possession and shall present the license to any law enforcement
officer immediately upon request.
A. 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
Oklahoma Statutes - Title 59. Professions and Occupations Page 1041
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:
a. 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,
b. the case number, if any, assigned to each bond, and
c. the specific charges and bond amount or amounts;
2. 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
3. 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.
B. 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 1311.4 of 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
Oklahoma Statutes - Title 59. Professions and Occupations Page 1042
possession and shall present the license to any law enforcement
officer immediately upon request.
Status: in_force · Read it on the official government site
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