Oklahoma § 59-1301 - Definitions

§ 59-1301. Definitions

A. Sections 1301 through 1341 of this title shall only apply to

the regulation of bail bonds for crimes, the punishment of which may

be in excess of Twenty Dollars ($20.00) fine or twenty (20) days in

jail, or both such fine and imprisonment.

B. As used in Sections 1301 through 1341 of this title:

1. "Commissioner" means the Insurance Commissioner of the State

of Oklahoma;

2. "Clerk" means the district or municipal court clerk;

3. "Insurer" means any domestic, foreign or alien surety

company which has qualified generally to transact surety business

and specifically to transact bail bond business in this state and

any professional bondsman or multicounty agent bondsman;

4. "Bail bondsman" means a surety bondsman, professional

bondsman, multicounty agent bondsman, property bondsman, or a cash

bondsman as hereinafter defined;

5. "Surety bondsman" means any person who has been approved by

the Commissioner and appointed by an insurer by power of attorney to

execute or countersign bail bonds for the insurer in connection with

judicial proceedings and charges and receives money for his or her

services;

6. "Managing general agent" (M.G.A.) means any person acting in

the capacity of supervisor or manager over a licensed bondsman, who

has been granted the authority or responsibility by an insurer to

Oklahoma Statutes - Title 59. Professions and Occupations

conduct surety business on its behalf, and to oversee the activities

and conduct of the appointed licensed bondsman agents of the

insurer, and who generally functions as an intermediate manager

between the insurer and its licensed bondsman agents. A managing

general agent fulfilling these functions shall be a natural person,

shall meet the qualifications of paragraph 5 of this subsection and

shall be licensed as a bondsman;

7. "Professional bondsman" means any person who has been

approved by the Commissioner and who pledges cash as security for a

bail bond in connection with a judicial proceeding and charges and

receives money for his or her services;

8. "Property bondsman" means any person who has been approved

by the Commissioner and who pledges real property as security for a

bail bond in a judicial proceeding and charges and receives money

for his or her services;

9. "Cash bondsman" means any person who has been approved by

the Commissioner and who deposits cash money as security for a bail

bond in a judicial proceeding and charges and receives money for his

or her services;

10. "Escrow deposit" means cash or valuable security deposited

by an insurer to secure the face amount of forfeiture pending

appeal;

11. "Solicitation" means to ask for earnestly, seek to obtain

by persuasion or entreaty, implore, beseech, tempt or entice a

person directly or through another person by personal, mechanical,

printed or published means to purchase a bail bond. Solicitation

shall not include mass communication advertising, which shall

include, but not be limited to, television, newspapers, magazines

and billboards;

12. "Bond" means an appearance bond for a specified monetary

amount which is executed by the defendant and a licensed bondsman

pursuant to the provisions of Section 1301 et seq. of this title and

which is issued to a court clerk as security for the subsequent

court appearance of the defendant upon release from actual custody

pending the appearance; and

13. "Multicounty agent bondsman" means a professional bondsman

who has been approved by the Commissioner and who otherwise complies

with the provisions of Section 1306.1 of this title.

Added by Laws 1965, c. 184, § 1, eff. Jan. 1, 1966. Amended by Laws

1984, c. 225, § 1, emerg. eff. May 23, 1984; Laws 1987, c. 211, § 3,

eff. Nov. 1, 1987; Laws 1989, c. 348, § 23, eff. Nov. 1, 1989; Laws

1990, c. 195, § 3, emerg. eff. May 10, 1990; Laws 1992, c. 98, § 2,

eff. Sept. 1, 1992; Laws 1993, c. 170, § 1, eff. Sept. 1, 1993; Laws

2014, c. 53, § 1, eff. July 1, 2014; Laws 2016, c. 203, § 1, eff.

Nov. 1, 2016.

Oklahoma Statutes - Title 59. Professions and Occupations