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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1785 By: Murdock
AS INTRODUCED
An Act relating to bail enforcement; amending 59 O.S.
2021, Section 1350.6, which relates to prohibition of
breaking and entering; remo ving felony condition for
entry by bond enforcer; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 1350.6, is
amended to read as follow s:
Section 1350.6. 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 loc k 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
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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 sha ll 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 dur ing 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 kno wledge 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
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a person who knows the defen dant or resides at the dwelling house,
or other factual evidence provided directly to th e licensed bail
enforcer that confirms the identit y and presence of the defendant
within the dwelling house.
The exceptions to the offense and penalty in this section s hall
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 attorn ey in
considering whether to prosecute an offense under this section. Any
person exercising his or her right to respo nd 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 r esulted from a forced entry by a
licensed bail enforcer.
SECTION 2. This act shall become effective November 1, 2022.
58-2-2639 MR 1/20/2022 7:29:06 PM