Title: STATE OF OKLAHOMA
Author: Nancy Pellow
Last saved by: Craig Thompson
Company: Senate

ENGROSSED SENATE
BILL NO. 1872	By:	Shortey of the Senate

			and

		Faught of the House

[ bounty hunters - creating the Professional Bounty Hunter Licensing Act - license - codification - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1350.1 of Title 59, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Professional Bounty Hunter Licensing Act".
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1350.2 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  For purposes of the Professional Bounty Hunter Licensing Act, “bounty hunter” means a person qualified and licensed in this state who for a fee, hire or reward or as an agent of a professional bondsman, judicial officer, court of record, or a law enforcement agency engages in or assists in the apprehension, arrest, detention, confinement, surrender or securing of any person who is a felony fugitive from justice, a felony escapee, a suspect in a capital case, or a person who has absconded or eluded surrender, arrest or return to custody, jurisdiction or appearance for a felony offense pursuant to an arrest warrant, or for breech of undertaking of a bail bond for more than one hundred eighty (180) days on a felony offense, or failure to appear on personal recognizance for a felony offense.
The term shall mean and include any person who owns or operates any agency, firm, association, corporation or other entity which is organized primarily for the purpose of engaging in any of the above enumerated activities, and to any employee, agent, associate or subcontractor of any such agency, firm, association, corporation or other entity who performs any of the functions, activities or services of a bounty hunter as described in the Professional Bounty Hunter Licensing Act.
The term shall not mean or include, and nothing in the Professional Bounty Hunter Licensing Act shall apply to, any law enforcement officer of this state, or of any political subdivision of this state, while in the actual performance of his or her duties; any officer or employee of any law enforcement agency of the United States or of any state, territory, or possession of the United States, while in the actual performance of his or her duties; or any bail bondsman in possession of a valid license in this state while in the actual performance of his or her duties according to Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
B.  No person shall act or represent himself or herself as a bounty hunter in this state unless the person is qualified and licensed pursuant to the provisions of the Professional Bounty Hunter Licensing Act.
C.  The provisions of the Professional Bounty Hunter Licensing Act shall only apply to the regulation for:
1.  Apprehension of a felony fugitive from justice;
2.  Apprehension of an escapee from custody of a prison, jail, or other facility which processes, detains or provides treatment or housing for felony arrestees or convicted felony offenders, or both;
3.  Apprehension of an escapee from custody, transport, or detention for a felony offense from any law enforcement officer;
4.  Apprehension of a person pursuant to a felony arrest warrant for which the person has absconded or eluded arrest or surrender for a period of one hundred eighty (180) days or more;
5.  Apprehension of a suspect or defendant for a capital offense; or
6.  Breech of the undertaking of bail bond for a felony offense for which the bondsman has been unable to apprehend, return or surrender the person for more than one hundred eighty (180) days.
SECTION 3.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1350.3 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The Council on Law Enforcement Education and Training (CLEET) shall promulgate rules, forms and procedures establishing the qualifications and licensing of professional bounty hunters in this state.  In addition to other provisions, the rules shall provide for all bounty hunters to be CLEET-certified with a minimum of five (5) years' law enforcement experience or equivalent training recognized by CLEET.
B.  The annual and renewal license fee for a professional bounty hunter shall be Two Hundred Fifty Dollars ($250.00) payable to CLEET not later than the last day of the birth month of the applicant.
SECTION 4.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1350.4 of Title 59, unless there is created a duplication in numbering, reads as follows:
A.  The following persons or classes of persons shall not be eligible for licensure as professional bounty hunters in this state and shall not directly or indirectly receive any benefit from the execution of any bail bond or reward:
1.  Persons convicted of, or who have pled guilty or nolo contendere to, a felony offense or to a misdemeanor involving dishonesty or moral turpitude;
2.  Jailers;
3.  Police officers;
4.  Committing judges;
5.  Municipal or district court judges;
6.  District attorneys or employees of an office of the district attorney in any county of this state;
7.  Prisoners;
8.  Sheriffs, deputy sheriffs and any person having the power to arrest or having anything to do with the control of federal, state, county or municipal prisoners;
9.  Any person who possesses a permit pursuant to the provisions of Section 163.11 of Title 37 of the Oklahoma Statutes or is an officer, director or stockholder of any corporation holding such a permit;
10.  Any person who is an agent or owner of any establishment at which low-point beer as defined by Section 163.2 of Title 37 of the Oklahoma Statutes is sold for on-premises consumption;
11.  Any person who holds any license provided for in Section 518 of Title 37 of the Oklahoma Statutes or is an agent or officer of any such licensee, except for an individual holding an employee license pursuant to paragraph 20 of subsection A of Section 518 of Title 37 of the Oklahoma Statutes;
12.  Any person who holds any license or permit from any city, town, county, or other governmental subdivision for the operation of any private club at which alcoholic beverages are consumed or provided; and
13.  Any person or agent of a retail liquor package store.
B.  This section shall not apply to a sheriff, deputy sheriff, police officer, or other officer of the law who assists in the apprehension of a person.
C.  Nothing in the Professional Bounty Hunter Licensing Act shall be construed to prohibit a bail bondsman from being licensed both as a bondsman in this state and a professional bounty hunter pursuant to the provisions of the Professional Bounty Hunter Licensing Act.
SECTION 5.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1350.5 of Title 59, unless there is created a duplication in numbering, reads as follows:
Every professional bounty hunter who holds a valid license in this state shall have access to the jails of this state for purpose of surrendering persons apprehended pursuant to law, subject to the rules adopted pursuant to the provisions of the Professional Bounty Hunter Licensing Act.
SECTION 6.  This act shall become effective November 1, 2012.
Passed the Senate the 14th day of March, 2012.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2012.

	
	Presiding Officer of the House
	of Representatives

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ENGR. S. B. NO. 1872	Page