§ 59-1301. Definitions.  


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  • A.  This act 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 this act:

    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;

    4.  "Bail bondsman" means a surety bondsman, professional 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 or a professional bondsman, by power of attorney, to execute or countersign bail bonds for the insurer or a professional bondsman, in connection with judicial proceedings and charges and receives money for his 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 a surety company to conduct surety business on its behalf, and to oversee the activities and conduct of the surety's appointed licensed bondsman agents, and who generally functions as an intermediate manager between the surety 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 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 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 services;

    10.  "Escrow deposit" means cash or valuable security deposited by an insurer of a surety bondsman or professional bondsman 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; and

    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.

Laws 1965, c. 184, § 1, eff. Jan. 1, 1966; 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.