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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1022 By: Worthen of the House
and
Weaver of the Senate
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2011, Section 1115.1A, as last amended by
Section 1, Chapter 61, O.S.L. 2013 (22 O.S. Supp.
2020, Section 1115.1A), which relates to the State
and Municipal Traffic, Water Safety, and Wildlife
Bail Bond Procedure Act; stating effect of paying
traffic fines and costs when guilty plea is not
indicated on citation form; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2011, Section 1115.1A, as
last amended by Section 1, Chapter 61, O.S.L. 2013 (22 O.S. Supp.
2020, Section 1115.1A), is amended to read as follows:
Section 1115.1A. A. In addition to other provisions of law for
posting bail, any person, whether a resident of this state or a
nonresident, who is arres ted by a law enforcement officer solely for
a misdemeanor violation of a state traffic law or municipal traffic
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ordinance, shall be released by the arresting officer upon personal
recognizance if:
1. The arrested person has been issued a valid license to
operate a motor vehicle by this state, another state jurisdiction
within the United States, which is a participant in the Nonresident
Violator Compact or any party jurisdiction of the Nonresident
Violator Compact;
2. The arresting officer is satisfied as to the identity of the
arrested person and certifies the date and time and the location of
the violation, as evidence by the electronic signature of the
officer;
3. The arrested person acknowledges, as evidenced by the
electronic signature of the person, a written promise to appear as
provided for on the citation, unless the person is unconscious or
injured and requires immediate medical treatment as determined by a
treating physician; and
4. The violation does not constitute:
a. a felony,
b. negligent homicide,
c. driving or being in actual physical control of a motor
vehicle while impaired or under the influence of
alcohol or other intoxicating substances, unless the
person is unconscious or injured and requires
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immediate medical treatment as determined by a
treating physician,
d. eluding or attempting to elude a law enforcement
officer,
e. operating a motor vehicle without having been issued a
valid driver license or while the driving privilege
and driver license is under suspension, revocation,
denial or cancellation,
f. an arrest based upon an outstanding warrant, or
g. a traffic violation coupled with any offense stated in
subparagraphs a through f of this paragraph.
B. If the arrested person is eligible for release on personal
recognizance as provide d for in subsection A of this section, then
the arresting officer shall on the citation:
1. Designate the traffic charge;
2. Record information from the driver license of the arrested
person on the citation form, including the name, address, date of
birth, physical description, type of driver license, driver license
number, issuing state, and expiration date;
3. Record the motor vehicle make, model and tag information;
4. Record the date and time on which, or before which, the
arrested person promises, as evidenced by the electronic signature
of the person, to contact, pay, or appear at the court, as
applicable to the court;
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5. Record the electronic signature of the arrested person which
shall serve as evidence and acknowledgment of a promise to contact ,
pay, or appear at the court, as provided for in the citation; and
6. Record the electronic signature of the arrested person which
shall serve as evidence to certify the date and time and the
location that the arrested person was served with a copy of th e
citation and notice to appear,
after which, the arresting officer shall then release the person
upon personal recognizance based upon the acknowledged promise to
appear. The citation shall contain a written notice to the arrested
person that release upo n personal recognizance based upon an
acknowledged promise to appear, as evidenced by the electronic
signature of the person, for arraignment is conditional and that
failure to timely appear for arraignment shall result in the
suspension of the driving pri vilege and driver license of the
arrested person in this state, or in the home state of the
nonresident pursuant to the Nonresident Violator Compact.
C. The court, or the court clerk as directed by the court, may
continue or reschedule the date and time o f arraignment at the
discretion of the court or upon request of the arrested person or
the attorney for that person. If the arraignment is continued or
rescheduled, the arrested person shall remain on personal
recognizance and acknowledged promise to appe ar until such
arraignment, in the same manner and with the same consequences as if
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the continued or rescheduled arraignment was entered on the citation
by the arresting officer and electronically signed by the defendant.
An arraignment may be continued or rescheduled more than one time.
Provided, however, the court shall require an arraignment to be had
within a reasonable time. It shall remain the duty of the defendant
to appear for arraignment unless the citation is satisfied as
provided for in subsect ion D of this section.
D. A defendant released upon personal recognizance may elect to
enter a plea of guilty or nolo contendere to the violation charged
at any time before the defendant is required to appear for
arraignment by indicating such plea on the copy of the citation
furnished to the defendant or on a legible copy, together with the
date of the plea and signature of the defendant, or such plea may be
entered by the defendant using an electronic method provided by the
court for such purposes, eithe r through the website of the court or
otherwise. The defendant shall be responsible for assuring full
payment of the fine and costs to the appropriate court clerk.
Payment of the fine and costs may be made by personal, cashier 's,
traveler's, certified or guaranteed bank check, postal or commercial
money order, or other form of payment approved by the court in an
amount prescribed as bail for the offense. Provided, however, the
defendant shall not use currency for payment by mail. If the
defendant has entered a Payment of the fine and costs which is not
accompanied by a written plea of guilty or nolo contendere shall
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constitute a plea of nolo contendere entered by the defendant as
allowed by law, and shall function as a written, dated and signed
citation form acceptable to the court . A plea of guilty or nolo
contendere as provided for in this subsection, such plea shall be
accepted by the court and the amount of the fine and costs shall be:
1. As prescribed in Section 1115.3 of this title as bail for
the violation;
2. In case of a municipal violation, as prescribed by municipal
ordinance for the violation charged; or
3. In the absence of such law or ordinance, then as prescribed
by the court.
E. 1. If, pursuant to the provisions of subsection D of th is
section, the defendant does not timely elect to enter a plea of
guilty or nolo contendere and fails to timely appear for
arraignment, the court may issue a warrant for the arrest of the
defendant. The municipal or district court clerk, within one
hundred twenty (120) calendar days from the date the citation was
issued by the arresting officer, shall notify the Department of
Public Safety that:
a. the defendant was issued a traffic citation and
released upon personal recognizance after
acknowledging a written promise to appear for
arraignment as provided for in the citation,
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b. the defendant has failed to appear for arraignment
without good cause shown,
c. the defendant has not posted bail, paid a fine, or
made any other arrangement with the court to sati sfy
the citation, and
d. the citation has not been satisfied as provided by
law.
Additionally, the court clerk shall request the Department of Public
Safety to either suspend the driving privilege and driver license of
the defendant to operate a motor vehi cle in this state, or notify
the home state of the defendant and request suspension of the
driving privilege and driver license of the defendant in accordance
with the provisions of the Nonresident Violator Compact. The notice
and request shall be on a fo rm approved or furnished by the
Department of Public Safety.
2. The court clerk shall not process the notification and
request provided for in paragraph 1 of this subsection if, with
respect to such charges:
a. the defendant was arraigned, posted bail, pa id a fine,
was jailed, or otherwise settled the case,
b. the defendant was not released upon personal
recognizance upon an acknowledged written promise to
appear as provided for in this section or if released,
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was not permitted to remain on such personal
recognizance for arraignment,
c. the violation relates to parking or standing, or
d. a period of one hundred twenty (120) calendar days or
more has elapsed from the date the citation was issued
by the arresting officer.
F. Following receipt of the notice a nd request from the court
clerk for driving privilege and driver license suspension as
provided for in subsection E of this section, the Department of
Public Safety shall proceed as provided for in Section 1115.5 of
this title.
G. The municipal or distric t court clerk shall maintain a
record of each request for driving privilege and driver license
suspension submitted to the Department of Public Safety pursuant to
the provisions of this section. When the court or court clerk
receives appropriate bail or p ayment of the fine and costs, settles
the citation, makes other arrangements with the defendant, or
otherwise closes the case, the court clerk shall furnish proof
thereof to the defendant, if the defendant personally appears, or
shall mail such proof by fi rst-class mail, postage prepaid, to the
defendant at the address noted on the citation or at such other
address as is furnished by the defendant or by e -mail if the
defendant has furnished an e -mail address for such purposes.
Additionally, the court or co urt clerk shall notify the home
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jurisdiction of the defendant as listed on the citation, if such
jurisdiction is a member of the Nonresident Violator Compact, and
shall, in all other cases, notify the Department of the resolution
of the case. The form of proof and the procedures for notification
shall be approved by the Department of Public Safety. Provided
however, failure by the court or court clerk to furnish such proof
or notice in the manner provided for in this subsection shall in no
event create any civil liability upon the court, the court clerk,
the State of Oklahoma or any political subdivision thereof, or any
state department or agency or any employee thereof but duplicate
proof shall be furnished to the person entitled to such proof or
notice upon request.
H. For purposes of this section, "electronic signature " shall
have the same meaning as defined in Section 15 -102 of Title 12A of
the Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CRIMINAL, dated
02/17/2021 - DO PASS, As Coauthored.