Oklahoma § 22-1108.1 - Own recognizance bonds - Requirements for posting Forfeiture action and collection of forfeiture

§ 22-1108.1. Own recognizance bonds - Requirements for posting Forfeiture action and collection of forfeiture

A. Own recognizance bonds set in a penal amount shall be posted

by executing an own recognizance indenture contract which shall be

executed and maintained by the district court clerk. The indenture

shall constitute an inchoate obligation to pay in the event

forfeiture proceedings are commenced and result in a final order of

forfeiture by the authorizing and issuing judge of the district

court.

Oklahoma Statutes - Title 22. Criminal Procedure

B. Setting aside of forfeitures shall be governed by the same

rules and procedures applicable to cash, property or surety bonds;

provided that, if the forfeiture is set aside, the district court

shall exempt from forfeiture set aside all reasonable costs of

recovery to return the defendant to custody, and an administrative

fee to be retained by the court fund in a sum not to exceed ten

percent (10%) of the total penal bond amount plus all costs incurred

in processing the forfeiture proceeding to include costs of notices,

warrants, service and execution.

C. The final judgment of forfeiture shall constitute a judgment

enforceable through all procedures available for the collection of a

civil judgment, provided that the judgment shall be considered a

debt in the nature of defalcation as defined by the United States

Bankruptcy Code, and shall not be subject to other forms of debtor

relief. The judgment shall be subject to collection as costs in the

underlying action regardless of final disposition or determination

of guilt.

D. The district attorney or the Administrator of the District

Court Cost Collection Division as determined by administration order

in each judicial district shall initiate the forfeiture action and

collection of forfeitures and shall receive one-third (1/3) of all

sums collected from the ten-percent premium, not to include costs as

defined in subsection B of this section, to offset the costs of

administering the program.

E. This section does not apply to :

1. Traffic or wildlife cases;

2. Cases concerning violations of emergency ex parte or final

protective orders, as provided in Sections 60.2 and 60.3 of this

title;

3. Domestic abuse cases, as provided in Section 644 of Title 21

of the Oklahoma Statutes; and

4. Stalking or harassment cases, as provided in Section 1173 of

Title 21 of the Oklahoma Statutes.

Added by Laws 2004, c. 148, § 1, eff. Nov. 1, 2004. Amended by Laws

2021, c. 215, § 3, eff. Nov. 1, 2021.