Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB805

Introduced
2/6/23  
Refer
2/7/23  
Report Pass
2/27/23  
Engrossed
3/27/23  
Refer
3/29/23  
Report Pass
4/11/23  
Enrolled
4/29/24  

Caption

Bondsman; allowing a bond to be exonerated by law following written request of the prosecuting attorney by the bondsman or insurer under certain conditions. Effective date.

Impact

The passage of SB805 is expected to have significant implications for both bondsmen and the court system in Oklahoma. It mitigates the potential for unjust forfeitures by permitting bonds to be rescinded if certain procedural steps are not adhered to, thus protecting bondsmen from punitive financial repercussions in situations where the defendant's non-appearance is beyond their control. It also aims to uphold the integrity of the bail system by ensuring that bondsmen have defined avenues for appeal and recourse when faced with forfeiture judgments.

Summary

Senate Bill 805 aims to amend the existing forfeiture procedures for bail bonds in Oklahoma, allowing bonds to be exonerated under certain conditions following a written request from the prosecuting attorney. The bill specifies that if a bond is forfeited due to a defendant's non-appearance, the bondsman can appeal the forfeiture and seek exoneration after a defined period if specific conditions are met, including the timely return of the defendant to custody. This legislative change focuses on streamlining the processes involved in bond forfeitures and creating clear protocols that govern the actions that can lead to exoneration.

Sentiment

General sentiment around SB805 appears to be supportive, with advocates emphasizing that it introduces necessary protections for bondsmen while maintaining accountability for defendants. However, there may also be concerns regarding the potential for misuse of the exoneration provisions, particularly if the procedural safeguards are not adequately enforced. The bill seems to strike a balance between facilitating responsible bonding practices and ensuring defendants' rights are respected within the criminal justice framework.

Contention

Notable points of contention include the exact conditions under which the exoneration of bonds can occur, as these may vary in interpretation and application in different court scenarios. Critics might argue that the bill could inadvertently lead to fewer incentives for defendants to appear in court, as bondsmen might feel less financial pressure to ensure compliance if they can easily appeal forfeitures. Hence, this raises questions about the overall efficacy of bail bonds as a mechanism to guarantee court appearances.

Companion Bills

OK SB805

Carry Over Bondsman; allowing a bond to be exonerated by law following written request of the prosecuting attorney by the bondsman or insurer under certain conditions. Effective date.

Similar Bills

OK SB1941

Professions and occupations; bail bondsmen; clarifying reimbursement for the transportation of defendants. Effective date.

OK SB805

Bondsman; allowing a bond to be exonerated by law following written request of the prosecuting attorney by the bondsman or insurer under certain conditions. Effective date.

NC H716

Bail Bond Omnibus

NC S702

Bail Bond Omnibus

LA HB540

Provides with respect to electronic bond forfeitures

LA HB266

Provides procedures for use of electronic mail to send notice of bond forfeiture

MT SB470

Generally revising laws related to bail bonds

AL HB410

Bail Bonds; Bail Reform Act of 1993 and Bail Bond Regulatory Act amended; certain undeposited fees forgiven; penalties for crime of bail jumping increased; to provide further for conditional forfeitures, out-of-state bondsmen and sureties, limitations on property owners as sureties; to provide further for the definition of an employee of a professional bail bond company or professional surety company, for the licensing and duties of apprentices; to increase the membership of the Alabama Professional Bail Bonding Board; provide for a late fee for renewals; and to require applicants for licensing to be residents of this state for at least one year