Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB798

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

Caption

Bondsman; allowing for exoneration of bond under certain condition. Effective date.

Impact

The bill is expected to have significant implications for the bail bond industry and the judicial system in Oklahoma. By establishing explicit guidelines for bond exoneration, it aims to reduce disputes between bondsmen and defendants regarding the financial fees associated with bail. The legislation also holds bondsmen responsible for expenses incurred in returning defendants who are held in custody, which may encourage more responsible practices within the industry. However, it also places additional burdens on bondsmen related to notifications and conditions for exoneration, effectively balancing the responsibilities on both sides of the bail process.

Summary

Senate Bill 798 focuses on the exoneration of bonds in the context of bail. It amends existing regulations to provide clearer guidelines on when a bond can be considered exonerated, particularly in cases where a defendant is arrested on new charges or has been released on personal recognizance. This legislation aims to streamline the process for both defendants and bondsmen, outlining specific conditions under which the bond will be automatically exonerated, thus reducing ambiguity in legal proceedings related to bail. Additionally, it stipulates that premium fees are deemed earned when the defendant is released, offering clarity to the financial aspects of bail agreements.

Sentiment

The sentiment surrounding SB 798 appears to be generally positive, with proponents emphasizing the need for clarity and efficiency in the bail process. Supporters argue that the bill will improve the bail system by ensuring that defendants and bondsmen have a clearer understanding of their obligations and rights. However, there are concerns among some legal professionals about the potential for increased financial strain on bondsmen and the implications this could have on their operations in managing the bonds they issue.

Contention

Notable points of contention revolve around the responsibilities assigned to bondsmen and how the financial aspects of bond exoneration are structured. Some stakeholders express concern that the added requirements placed on bondsmen may lead to reluctance in issuing bail in certain circumstances, particularly for defendants with a history of non-compliance. Opponents of the bill advocate for protections to ensure that the system does not inadvertently disadvantage individuals seeking bail, stressing the need for a balance between accountability and accessibility in the legal process.

Companion Bills

No companion bills found.

Previously Filed As

OK SB378

Bail bondsman; allowing Insurance Commissioner to approve certain bondsman to write bonds over certain deposit amount. Effective date.

OK HB1708

Professions and occupations; bail bondsman; definitions; cash bail bondsman; effective date.

OK HB1708

Professions and occupations; bail bondsman; definitions; cash bail bondsman; effective date.

OK SB378

Bail bondsman; modifying certain reviewal fee. Effective date.

OK H718

Bail Bondsmen Revisions.-AB

OK S251

Bail Bondsmen Revisions.-AB

OK HB302

Bail and surety bonding; requirements for professional surety bondsman and professional bail bondsman further provided for, requirements for apprentice bondsman further provided for, to require circuit clerks to report the authorized professional bail bond companies, appointment of additional members to the Alabama Bail Bonding Board provided for, and late application and license renewal fees provided

OK 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

OK HB1670

Professions and occupations; bail bondsmen; alcohol licensee exemption; effective date.

OK HB1670

Professions and occupations; bail bondsmen; alcohol licensee exemption; effective date.

Similar Bills

OK HB1708

Professions and occupations; bail bondsman; definitions; cash bail bondsman; effective date.

OK HB1708

Professions and occupations; bail bondsman; definitions; cash bail bondsman; effective date.

OK SB378

Bail bondsman; allowing Insurance Commissioner to approve certain bondsman to write bonds over certain deposit amount. Effective date.

NC H718

Bail Bondsmen Revisions.-AB

NC S251

Bail Bondsmen Revisions.-AB

NC HB718

House Bill 718 (=S251)

TN SB1245

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 13; Title 39; Title 40; Title 41; Title 56; Title 62 and Title 67, Chapter 4, Part 8, relative to bond.

TN HB0576

AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 3, Part 13; Title 39; Title 40; Title 41; Title 56; Title 62 and Title 67, Chapter 4, Part 8, relative to bond.