Okla. Stat. tit. 59, § 1350.5
Restrictions on Use of Force by Bail Enforcer - Training on Use of Force Continuum - Prosecution for Unnecessary or Unreasonable Force
Effective Jul 1, 2014Laws 2013, SB 1013, c. 407, § 6, eff. November 1, 2013; Amended by Laws 2014, SB 2003, c. 373, § 4, emerg. eff. July 1, 2014 (superseded document available).
- A. Notwithstanding any provision in Section 643 of Title 21 of the Oklahoma Statutes, the use or attempt to use force by a bail enforcer in the recovery of a defendant as defined in the Bail Enforcement and Licensing Act is prohibited when unnecessarily committed or when the force is excessive or unreasonable in manner, degree or duration.
- B. Every bail enforcer shall be trained on the use of force and the rules for use of force promulgated for the Bail Enforcement and Licensing Act.
- C. No force shall be authorized which is more than sufficient to temporarily restrain a defendant who has refused to obey a lawful command to surrender to the bail enforcer. The duration and manner of any force used by a bail enforcer shall be only that reasonably necessary to surrender the defendant to the public officer competent to receive such person into custody.
- D. Any force used by a bail enforcer in self-defense while recovering a defendant or to defend another from injury or threat of injury while recovering a defendant shall be not more than sufficient to prevent an offense.
- E. Any force deemed by the district attorney to be unnecessarily committed or excessive or unreasonable in manner, degree or duration may be prosecuted as a crime committed without justification or excusable cause under an existing provision of law.
Laws 2013, SB 1013, c. 407, § 6, eff. November 1, 2013; Amended by Laws 2014, SB 2003, c. 373, § 4, emerg. eff. July 1, 2014 (superseded document available).