SECTION 390:60-11-7. Entry into dwellings

(a)   Any entry into a dwelling house of a defendant or a third-party, which violates the provisions of the Bail Enforcement and Licensing Act may be punished as burglary in the first degree as provided in Title 21 O.S. § 1436 (or amendments of said statute).

(b)   A Bail Enforcer may enter a dwelling house for purposes of discovering or recovering a defendant when the Bail Enforcer has received consent to enter the dwelling house from a person who is capable and competent to give such consent. The Bail Enforcer must show the existence of lawful consent.

(c)   A Bail Enforcer may also enter a dwelling house without consent for purposes of discovering or recovering a felony defendant only when:

(1)   The Bail Enforcer has first-hand knowledge that the defendant has entered the dwelling house and the defendant has refused a lawful and reasonable request of the Bail Enforcer to surrender. (For purposes of entry into a dwelling house by a Bail Enforcer, the term 'First-hand knowledge' means 'information received from direct eye-witness testimony, actual visual contact with and confirmed identification of the defendant by a person who knows the defendant or resides at the dwelling house, or other factual evidence provided directly to the licensed Bail Enforcer that confirms the identity and presence of the defendant within the dwelling house'); OR

(2)   the Bail Enforcer has knowledge beyond a reasonable doubt that the defendant is currently in the dwelling house and the defendant has refused a lawful and reasonable request of the Bail Enforcer to surrender.

[Source: Added at 31 Ok Reg 563, eff 4-1-14 (emergency); Added at 32 Ok Reg 2033, eff 9-11-15]