Okla. Stat. tit. 59, § 59-1332

A. 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

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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.

B. The order and judgment of forfeiture shall be on forms

prescribed by the Administrative Director of the Courts.

C. 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.

2. 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.

3. 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.

4. For the purposes of this section, “return to custody” means:

a. the return of the defendant to the appropriate

Oklahoma law enforcement agency by the bondsman,

b. an appearance of the defendant in open court in the

court where charged,

c. 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

d. arrest or incarceration of the defendant in any other

jurisdiction, provided the bondsman has requested that

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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.

5. 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:

a. the bondsman has requested in writing of the sheriff’s
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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.

5. 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:

a. 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

(NCIC), and the request has not been honored within

fourteen (14) business days of the receipt of the

written request by the department,

b. the defendant has been arrested outside of this state

and the court record shows the prosecuting attorney

has declined to proceed with extradition,

c. the defendant’s bondsman or insurer has requested in

writing of the prosecuting attorney to file felony

bond jumping charges against the defendant when the

defendant fails to surrender within thirty (30) days

from failing to appear in court and the prosecuting

attorney has not filed such charges within thirty (30)

business days of the receipt of the written request,

or

d. 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.

6. The court may, in its discretion, vacate the order of

forfeiture and exonerate the bond where good cause has been shown

for:

a. the defendant’s failure to appear, or

b. the bondsman’s failure to return the defendant to

custody within ninety (90) days.

7. When a bondsman or insurer (“requestor”) has guaranteed

travel expenses to return a defendant to custody:

a. the law enforcement agency that placed the hold shall

promptly advise the requestor of a hit confirmation,

b. prior to transporting the defendant, the law

enforcement agency that placed the hold shall provide

the requestor a good faith estimate of the reasonable

return expenses to return the defendant to custody.

The requestor may request to decline to pay travel

expenses, and the law enforcement agency may release

its hold and the defendant shall not be considered

returned to custody. If the law enforcement agency

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cannot contact the requestor, the requestor’s

guarantee of travel expenses shall be honored by the

requestor, and

c. a requestor may request to withdraw their NCIC request

any time prior to a defendant’s arrest.

D. 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.

2. After the order and judgment has been paid within ninety-one
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.

2. 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 guaranteed 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.

3. 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.

4. The Insurance Commissioner shall:

a. 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 1301 et seq. of

this title, and

b. in the case of a professional bondsman, withdraw the

face amount of the forfeiture from the deposit

provided in Section 1306 of this title. The

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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.

5. If the actions of any bail bondsman force the Insurance

Commissioner to withdraw monies, deposited pursuant to Section 1306

of 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
mes 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.

E. 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.

2. 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

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result of returning the custody of the defendant shall be borne by

the bondsman.

F. 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 1301 et 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.

G. 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 12 of 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 12 of the Oklahoma Statutes.

H. 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.

I. 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.