A. The following persons or classes shall not be bail bondsmen, shall not perform the acts of a bail bondsman and shall not directly or indirectly receive any benefits from the execution of any bail bond:

1. Persons convicted of, or who have pled guilty or nolo contendere to, any felony or to a misdemeanor involving dishonesty or moral turpitude;

2. Jailers;

3. Police officers;

4. Committing judges;

5. Municipal or district court judges;

6. Prisoners;

7. 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;

8. Any person who holds any license provided for in Section 2-101 of Title 37A 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 22 of subsection A of Section 2-101 of Title 37A of the Oklahoma Statutes or as specifically authorized for a licensed bondsman in Section 1315.1 of this title;

9. 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, except as specifically authorized for a licensed bondsman in Section 1315.1 of this title;

10. Any person or agent of a retail liquor package store; and

11. Any person whose bail bondsman license has been revoked by the Insurance Commissioner.

B. This section shall not apply to a sheriff, deputy sheriff, police officer, or officer of the law who is not on duty and who assists in the apprehension of a defendant.

C. The provisions of this section shall not apply to persons possessing permits or licenses pertaining to alcoholic beverages, as defined in Section 1-103 of Title 37A of the Oklahoma Statutes, which were issued prior to May 23, 1984. No one shall be permitted to maintain an office for conducting bail bonds business where alcoholic beverages are sold for on-premises consumption.

D. No person shall be permitted to maintain an office for conducting a bail bond business where persons disqualified pursuant to paragraph 1 of subsection A of this section are present, except as necessary for such persons to obtain a personal bail bond.

E. For purposes of this section, the marriage or cohabitation of a bail bond licensee or license applicant with a person disqualified pursuant to subsection A of this section does not, as a matter of fact, constitute the receipt of benefits from the execution of a bail bond. In such circumstances, the receipt of benefits from the execution of a bail bond shall be subject to a factual determination by the Commissioner.

Added by Laws 1965, c. 184, § 15, eff. Jan. 1, 1966. Amended by Laws 1984, c. 225, § 16, emerg. eff. May 23, 1984; Laws 1985, c. 114, § 1, emerg. eff. May 31, 1985; Laws 1987, c. 211, § 16, eff. Nov. 1, 1987; Laws 1995, c. 274, § 49, eff. Nov. 1, 1995; Laws 1997, c. 418, § 122, eff. Nov. 1, 1997; Laws 1998, c. 5, § 18, emerg. eff. March 4, 1998; Laws 2010, c. 222, § 59, eff. Nov. 1, 2010; Laws 2012, c. 82, § 3, eff. Nov. 1, 2012; Laws 2013, c. 150, § 5, eff. Nov. 1, 2013; Laws 2015, c. 212, § 2, eff. Nov. 1, 2015; Laws 2016, c. 210, § 33, emerg. eff. April 26, 2016; Laws 2017, c. 161, § 3, eff. Nov. 1, 2017; Laws 2018, c. 55, § 1, eff. Nov. 1, 2018.

NOTE: Laws 1997, c. 251, § 4 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998. Laws 2015, c. 110, § 7 repealed by Laws 2016, c. 210, § 34, emerg. eff. April 26, 2016.