Oklahoma 2025 Regular Session

Oklahoma House Bill HB1363 Compare Versions

Only one version of the bill is available at this time.

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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1363 By: Hardin
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38	38	AS INTRODUCED
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40	40	An Act relating to professions and occupations;
41	41	amending 59 O.S. 2021, Section 1350.6, which relates
42	42	to bail enforcer breaking and enteri ng; amending
43	43	terms; and providing an effective date.
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48	48	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
49	49	SECTION 1. AMENDATORY 59 O.S. 2021, Section 1350.6, is
50	50	amended to read as follows:
51	51	Section 1350.6. A. Notwithstanding any other provision of law,
52	52	it shall be unlawful for a bail enforcer t o break into and enter the
53	53	dwelling house of any defendant or third -party for purposes of
54	54	recovery or attempted recovery of a defendant either:
55	55	1. By forcibly bursting or breaki ng the wall, or an outer door,
56	56	window, or shutter of a window of such house or the lock or bolts of
57	57	such door, or the fastening of such window or shutter;
58	58	2. By breaking in any other manner, being armed with a weapon
59	59	or being assisted or aided by one or m ore persons then actually
60	60	present; or
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87	87	3. By unlocking an outer door by means of false keys or by
88	88	picking the lock thereof, or by lifting a latch or opening a window.
89	89	B. A person violating the provisions of this section shall be
90	90	guilty of burglary in the first degree and, upon conviction,
91	91	punished as provided in Section 1436 of Title 21 of the Oklahoma
92	92	Statutes. Provided, however, the offense and penalty stated in this
93	93	section shall not apply to a licensed bail enforcer during an active
94	94	attempt at recovery of a felony defendant under the following
95	95	conditions:
96	96	a. the bail enforcer has first-hand or eyes-on knowledge
97	97	that the defendant entered the dwelling house during
98	98	an attempt to recover the defendant and the defendant
99	99	after reasonable request is refusing to surrender,
100	100	b. the bail enforcer has first -hand or eyes-on knowledge
101	101	that the defendant is actually within the dwelling
102	102	house and after reasonable request is refusing to
103	103	surrender, or
104	104	c. the bail enforcer has obtained knowledge confirming
105	105	beyond a reasonable doubt that the defendant is
106	106	actually within the dwelling house and after
107	107	reasonable request refuses to surrender.
108	108	For purposes of this subsection, "first-hand knowledge" means
109	109	information received from direct eye -witness testimony, actual
110	110	visual contact with and confirmed identification of the defendant by
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137	137	a person who knows the defendant or resides at the dwelling house,
138	138	or other factual evidence provided directly to the licensed bail
139	139	enforcer that confirms the identity and presence of the defendant
140	140	within the dwelling house.
141	141	The exceptions to the offense and penalty in this s ection shall
142	142	not limit or restrict another person within or without the dwelling
143	143	house, or owning the dwelling house, from taking any action in
144	144	response to or to defend a forced entry into such dwelling house,
145	145	including use of a firearm as may be authorized by law. The use of
146	146	an exception provided in this subsection by a licensed bail enforcer
147	147	shall be a fact to be determined by the district attorney in
148	148	considering whether to pro secute an offense under this section. Any
149	149	person exercising his or her right to respond or protect the
150	150	dwelling house or its occupants shall not be liable for injury to
151	151	another who was forcing entry into such dwelling house. An owner or
152	152	occupant of a dwelling house may seek damages to his or her property
153	153	in a civil action if such damage resulted from a forced entry by a
154	154	licensed bail enforcer.
155	155	SECTION 2. This act shall become effective November 1, 2025.
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157	157	60-1-11389 TKR 01/08/25