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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1795 By: Miller and Talley
COMMITTEE SUBSTITUTE
An Act relating to driver licenses; creating the
Christopher Hopper Act; amending 47 O.S. 2011,
Sections 6-107.1 and 6-107.2, which relate to
notification for cancellation or denial of driving
privileges of certain persons; making notification of
certain order discretionary; modifying length of time
for canceling or denying driving privileges;
modifying offenses resulting in mandatory revocation;
deleting language regarding number of notifications
that may occur prior to mandatory cancellation or
denial of driving privileges; eliminating authority
of the court to increase period of cancellation;
providing for payment of attorney fees; amending 47
O.S. 2011, Section 6 -205, as last amended by Section
3, Chapter 400, O.S.L. 2019 (47 O.S. Supp. 2020,
Section 6-205), which relates to mandatory revocation
of driving privileges; modifying offenses requiring
immediate revocation of driving privileges; modifying
length of revocation for certain offenses; removing
prohibition against modification; allowing the filing
of certain petition; providing details for filing,
hearing and the issuance of orders relating to
petition; providing for payment of attorney fees;
amending 47 O.S. 2011, Section 6 -205.1, as last
amended by Section 4, Chapter 400, O.S.L. 2019 (47
O.S. Supp. 2020, Section 6 -205.1), which relates to
periods of revocation; modifying revocation periods
for certain offenses; specifying certain periods of
revocation; amending 47 O.S. 2011, Section 6 -206, as
amended by Section 1, Chapter 189, O.S.L. 2016 (47
O.S. Supp. 2020, Section 6 -206), which relates to
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Department of Public Safety authority to suspend
licenses; modifying justification for license
suspension; allowing for suspension for conviction in
another state not to exceed other state's penalty;
granting certain discretion for suspension during
certain time frame; modifying requirements for
certain payment plan; amending 47 O.S. 2011, Section
6-212, as last amended by Section 6, Chapter 400,
O.S.L. 2019 (47 O.S. Supp. 2020, Section 6 -212),
which relates to fees and conditions for
reinstatement; modifying provisions and requirements
of agreements for issuance of provisional licenses;
making certain exception; providing for eligibility
requirements; allowing certain persons to be eligible
for provisional license; authorizing development of
certain rules and procedures ; providing for
noncodification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Christopher
Hopper Act".
SECTION 2. AMENDATORY 47 O.S. 2011, Section 6 -107.1, is
amended to read as follows:
Section 6-107.1 A. When any district court, municipal court of
record or any municipal court in a city or town in which the judge
is an attorney licensed to practice law in this state has determined
that a person under the age of eighteen (18) years has committed any
offense described in subsection C of this section, or that a pe rson
eighteen (18), nineteen (19), or twenty (20) years of age has
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committed an offense described in Section 11 -906.4 of this title,
the court shall notify the Department of Public Safety on a form
prescribed by the Department as provided in Section 6 -107.2 of this
title.
B. The notice shall include the name, date of birth, physical
description and, if known, the driver license number of the person.
The notice shall may contain an order to the Department to cancel or
deny driving privileges for a specified period of time, except as
otherwise provided by law, as follows:
1. For a period of six (6) months for a first offense;
2. For a period of one (1) year for a second offense;
3. For a period of two (2) years for a third or subsequent
offense; or
4. In the discretion of the court, until the person attains
twenty-one (21) years of age, if that period of time would be longer
than the period of time provided in paragraph 1, 2 or 3 of this
subsection period up to six (6) months for the first offense or up
to one (1) year for a subsequent offense .
Provided, however, if the person is less than sixteen (16) years
of age at the time of the determination, and the person will be less
than sixteen (16) years of age at the end of the period of
cancellation or denial , the Department shall extend the period of
cancellation or denial to the date the person attains sixteen (16)
years of age.
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The court shall send a copy of the notice to the person first
class, postage prepaid.
C. In addition to the administrative revocat ion of driving
privileges pursuant to Section 754 of this title, and the mandatory
revocation of driving privileges pursuant to Section 6 -205.1 of this
title, this section applies to any crime, violation, infraction,
traffic offense or other offense involv ing or relating to the
possession, use, sale, purchase, transportation, distribution,
manufacture, or consumption of beer, alcohol, or any beverage
containing alcohol and to any crime, violation, infraction, traffic
offense or other offense involving or re lating to the possession,
use, sale, purchase, transportation, distribution, manufacture,
trafficking, cultivation, consumption, ingestion, inhalation,
injection, or absorption of any controlled dangerous substance as
defined by paragraph 8 of Section 2 -101 of Title 63 of the Oklahoma
Statutes or any substance which is capable of being ingested,
inhaled, injected, or absorbed into the human body and is capable of
adversely affecting the central nervous system, vision, hearing, or
other sensory or motor func tions.
SECTION 3. AMENDATORY 47 O.S. 2011, Section 6 -107.2, is
amended to read as follows:
Section 6-107.2 A. The Department of Public Safety shall
prepare and distribute a Notification form to be used by the courts,
as provided in Section 6-107.1 of this title. In addition to any
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other authority to cancel or deny driving privileges, the Department
of Public Safety shall, upon receipt of such completed Notification
form from a court, cancel or deny all driving privileges of the
person named in the Notification form without hearing, for a period
of time recommended by the court.
B. Upon receipt of a second or subsequent Notification from a
court relating to the same person, the Department shall cancel or
deny driving privileges o f the person for a period of two (2) years
or until the person attains eighteen (18) years of age, whichever is
longer.
C. Any person whose driving privileges are canceled or denied
pursuant to this section may file a petition for relief based upon
error or hardship.
1. The petition shall be filed in the district court which
notified the Department pursuant to Section 6 -107.1 of this title
or, if the Notification originated in a municipal court, the
petition shall be filed in the district court of the cou nty in which
the court is located. A copy of the Notification and a copy of the
Department's action canceling or denying driving privileges pursuant
to this section, shall be attached to the petition.
2. The district court shall conduct a hearing on the petition
and may determine the matter de novo, without notice to the
Department, and if applicable, without notice to the municipal
court; provided, the district court shall not consider a collateral
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attack upon the merits of any conviction or determinatio n which has
become final.
3. The district court may deny the petition, or in its
discretion, issue a written Order to the Department to increase or
decrease the period of cancellation or denial to any period or issue
a written Order to vacate the Departme nt's action taken pursuant to
this section, in its entirety. The content of the Order shall not
grant or purport to grant any driving privileges to the person ,;
however, such order may direct the Department of Public Safety to do
so if the person is other wise eligible therefor. The petitioner is
responsible for his or her own attorney fees. However, if the
petitioner is granted relief for error, then the party that
committed the error shall cover attorney fees and costs.
D. C. Upon receipt of a written Order from the appropriate
court, the Department shall modify or reinstate any driving
privileges as provided in the Order.
SECTION 4. AMENDATORY 47 O.S. 2011, Section 6 -205, as
last amended by Section 3, Chapter 400, O.S.L. 2019 (47 O.S. Supp.
2020, Section 6-205), is amended to read as follows:
Section 6-205. A. The Department of Public Safety shall
immediately revoke the driving privilege of any person, whether
adult or juvenile, upon receiving a record of conviction, in any
municipal, state or federal court within the United States of any of
the following offenses, when such conviction has become final:
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1. Manslaughter or negligent homicide resulting from the
operation of a motor vehicle;
2. Driving or being in actual physic al control of a motor
vehicle while under the influence of alcohol, any other intoxicating
substance, or the combined influence of alcohol and any other
intoxicating substance, any violation of paragraph 1, 2, 3 or, 4 or
5 of subsection A of Section 11 -902 of this title or any violation
of Section 11-906.4 of this title. However, the Department shall
not additionally revoke the driving privileges of the person
pursuant to this subsection if the driving privilege of the person
has been revoked because of a test result or test refusal pursuant
to Section 753 or 754 of this title arising from the same
circumstances which resulted in the conviction unless the revocation
because of a test result or test refusal is set aside;
3. Any felony Driving a motor vehicl e during the commission of
which a motor vehicle is used a felony;
4. Failure to stop and render aid as required under the laws of
this state in the event of a motor vehicle accident resulting in the
death or personal injury of another;
5. Perjury or the making of a false affidavit or statement
under oath to the Department under the Uniform Vehicle Code or under
any other law relating to the ownership or operation of motor
vehicles;
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6. A misdemeanor or felony conviction for unlawfully
possessing, distributing, dispensing, manufacturing, trafficking,
cultivating, selling, transferring, attempting or conspiring to
possess, distribute, dispense, manufacture, or traffic, sell, or
transfer of a controlled dangerous substance as defined in the
Uniform Controlled Dangerous Substances Act while using a driving a
motor vehicle;
7. Failure to pay for gasoline pumped into a vehicle pursuant
to Section 1740 of Title 21 of the Oklahoma Statutes;
8. A misdemeanor conviction for a violation of Section 1465 of
Title 21 of the Oklahoma Statutes;
9. A misdemeanor conviction for a violation of Section 1 -229.34
of Title 63 of the Oklahoma Statutes;
10. Failure to obey a traffic control device as provided in
Section 11-202 of this title or a stop sign when such failure
results in great bodily injury to any other person; or
11. Failure to stop or to remain stopped for school bus loading
or unloading of children pursuant to Section 11 -705 or 11-705.1 of
this title.
B. The first license revocation under any provision of this
section, except for paragraph 2, 3, 6, 7, 9 or 11 of subsection A of
this section, shall be for a period of one (1) year. Such period
shall not be modified.
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C. A license revocation under any provision of this section,
except for paragraph 2, 3, 6, or 7 or 9 of subsection A of this
section, shall be for a period of three (3) years if a prior
revocation under this section , except under paragraph 2 of
subsection A of this section, commenced within the preceding five -
year period as shown by the records of the Department. Such period
shall not be modified.
D. The period of license revocation under paragraph 2 , 3 or 6
of subsection A of this section shall be governed by the provisions
of Section 6-205.1 of this title.
E. The first license revocation under par agraph 7 or 9 of
subsection A of this section shall be for a period of six (6)
months. A second or subsequent license revocation under paragraph 7
of subsection A of this section shall be for a period of one (1)
year if a prior revocation under this secti on commenced within the
preceding five-year period as shown by Department records . Such
periods shall not be modified.
F. The first license revocation under paragraph 11 of
subsection A of this section shall be for a period of one (1) year.
Such period may be modified. Any appeal of the revocation of
driving privilege under paragraph 11 of subsection A of this section
shall be governed by Section 6 -211 of this title; provided, any
modification under this subsection shall apply to Class D motor
vehicles only.
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G. As used in this section, "great bodily injury" means bodily
injury which creates a substantial risk of death or which causes
serious, permanent disfigurement or protracted loss or impairment of
the function of any bodily member or organ.
H. Any person whose driving privileges are or have been
canceled or denied pursuant to this section, except for paragraph 1,
2 or 10 of subsection A of this section, may file a petition for
relief based upon error or hardship.
1. The petition shall be filed in t he district court which
notified the Department. If the Notification originated in a
municipal court, the petition shall be filed in the district court
of the county in which the municipal court is located. A copy of
the Notification and a copy of the De partment's action canceling or
denying driving privileges pursuant to this section shall be
attached to the petition.
2. The district court shall conduct a hearing on the petition
and may determine the matter de novo, without notice to the
Department and, if applicable, without notice to the municipal
court; provided, the district court shall not consider a collateral
attack upon the merits of any conviction or determination which has
become final.
3. The district court may deny the petition or, in its
discretion, issue a written Order to the Department to decrease the
period of cancellation or denial to any period or issue a written
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Order to vacate the Department's action taken pursuant to this
section in its entirety. The content of the Order shall not grant
or purport to grant any driving privileges to the person; however,
such order may direct the Department of Public Safety to do so if
the person is otherwise eligible therefor. The petitioner is
responsible for his or her own attorney fees. However, if the
petitioner is granted relief for error, then the party that
committed the error shall cover attorney fees and costs.
SECTION 5. AMENDATORY 47 O.S. 2011, Section 6 -205.1, as
last amended by Section 4, Chapter 400, O.S.L. 20 19 (47 O.S. Supp.
2020, Section 6-205.1), is amended to read as follows:
Section 6-205.1 A. The driving privilege of a person who is
convicted of any offense as provided in paragraph 2 of subsection A
of Section 6-205 of this title, or a person who has r efused to
submit to a test or tests as provided in Section 753 of this title,
or a person whose alcohol concentration is subject to the provisions
of Section 754 of this title, unless the person has successfully
completed, or is currently participating in, the Impaired Driver
Accountability Program, shall be revoked or denied by the Department
of Public Safety for the following period, as applicable:
1. The first license revocation pursuant to paragraph 2 of
subsection A of Section 6 -205 of this title or S ection 753 or 754 of
this title shall be for a period of one hundred eighty (180) days,
or longer if driving privileges are modified pursuant to the
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provisions of this paragraph, which shall be modified upon request;
provided, any modification under this p aragraph shall apply to Class
D driver licenses only. For any modification, the person shall be
required to install an ignition interlock device or devices,
pursuant to Section 754.1 of this title. The period of revocation
and the period of interlock ins tallation shall run concurrently and
each shall be for no less than one hundred eighty (180) days;
2. A revocation pursuant to paragraph 2 of subsection A of
Section 6-205 of this title or Section 753 or 754 of this title
shall be for a period of one (1) year, or longer if driving
privileges are modified pursuant to the provisions of this
paragraph, if within ten (10) years preceding the date of arrest
relating thereto, as shown by the records of the Department:
a. a prior revocation commenced pursuant to paragraph 2
or 6 of subsection A of Section 6 -205 of this title,
Section 753 or 754 of this title, or completion of the
Impaired Driver Accountability Program, or
b. the record of the person reflects a prior conviction
in another jurisdiction which did not result in a
revocation of Oklahoma driving privileges, for a
violation substantially similar to paragraph 2 of
subsection A of Section 6 -205 of this title, and the
person was not a resident or a licensee of Oklahoma at
the time of the offense resulting in the conviction.
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Such one-year period of revocation may be modified upon request;
provided, any modification under this paragraph shall apply to Class
D driver licenses only. For any modification, the person shall be
required to install an ignition interl ock device or devices,
pursuant to Section 754.1 of this title. The period of revocation
and the period of interlock installation shall run concurrently and
each shall be for no less than one (1) year; or
3. A revocation pursuant to paragraph 2 of subsec tion A of
Section 6-205 of this title or Section 753 or 754 of this title
shall be for a period of three (3) years, or longer if driving
privileges are modified pursuant to the provisions of this
paragraph, if within ten (10) years preceding the date of ar rest
relating thereto, as shown by the records of the Department:
a. two or more prior revocations commenced pursuant to
paragraph 2 or 6 of subsection A of Section 6 -205 of
this title or Section 753 or 754 of this title,
b. a prior revocation commenced pu rsuant to paragraph 2
or 6 of subsection A of Section 6 -205 of this title or
Section 753 or 754 of this title, and completion of
the Impaired Driver Accountability Program,
c. the record of the person reflects two or more prior
convictions in another juris diction which did not
result in a revocation of Oklahoma driving privileges,
for a violation substantially similar to paragraph 2
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of subsection A of Section 6 -205 of this title, and
the person was not a resident or a licensee of
Oklahoma at the time of the offense resulting in the
conviction, or
d. any combination of two or more prior revocations,
completion of the Impaired Driver Accountability
Program, or convictions as described in subparagraphs
a, b and c of this paragraph.
Such three-year period of revocation shall be modified upon request;
provided, any modification under this paragraph shall apply to Class
D driver licenses only. For any modification, the person shall be
required to install an ignition interlock device or devices,
pursuant to Section 754.1 of this title. The period of revocation
and the period of interlock installation shall run concurrently and
each shall be for no less than three (3) years.
B. The driving privilege of a person who is convicted of any
offense as provided in paragra ph 3 or 6 of subsection A of Section
6-205 of this title shall be revoked or denied by the Department of
Public Safety for the following period, as applicable:
1. The first license revocation shall be for one hundred eighty
(180) days, which shall be modi fied upon request; provided, for
license revocations for a misdemeanor charge of possessing a
controlled dangerous substance, the provisions of this paragraph
shall apply to any such revocations by the Department on or after
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January 1, 1993; provided furth er, any modification under this
paragraph shall apply to Class D driver licenses only;
2. A revocation shall be for a period of one (1) year if within
ten (10) years preceding the date of arrest relating thereto, as
shown by the records of the Department:
a. a prior revocation commenced pursuant to paragraph 2 ,
3 or 6 of subsection A of Section 6 -205 of this title,
or Section 753 or 754 of this title,
b. a prior revocation commenced pursuant to paragraph 2 ,
3 or 6 of subsection A of Section 6 -205 of this title
or Section 753 or 754 of this title, and completion of
the Impaired Driver Accountability Program, or
c. the record of the person reflects a prior conviction
in another jurisdiction which did not result in a
revocation of Oklahoma driving privileges, for a
violation substantially similar to paragraph 2 , 3 or 6
of subsection A of Section 6 -205 of this title, and
the person was not a resident or a licensee of
Oklahoma at the time of the offense resulting in the
conviction.
Such period shall not be modifi ed; or
3. A revocation shall be for a period of three (3) years if
within ten (10) years preceding the date of arrest relating thereto,
as shown by the records of the Department:
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a. two or more prior revocations commenced pursuant to
paragraph 2 or 6 of s ubsection A of Section 6 -205 of
this title, or Section 753 or 754 of this title,
b. a prior revocation commenced pursuant to paragraph 2
or 6 of subsection A of Section 6 -205 of this title or
Section 753 or 754 of this title, and completion of
the Impaired Driver Accountability Program,
c. the record of the person reflects two or more prior
convictions in another jurisdiction which did not
result in a revocation of Oklahoma driving privileges,
for a violation substantially similar to paragraph 2
or 6 of subsection A of Section 6 -205 of this title,
and the person was not a resident or licensee of
Oklahoma at the time of the offense resulting in the
conviction, or
d. any combination of two or more prior revocations,
completion of the Impaired Driver Accountabi lity
Program, or convictions as described in subparagraphs
a and b or c of this paragraph.
Such period shall not be modified.
The revocation of the driving privilege of any person under this
subsection shall not run concurrently with any other withdrawal o f
driving privilege resulting from a different incident and which
requires the driving privilege to be withdrawn for a prescribed
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amount of time. A denial based on a conviction of any offense as
provided in paragraph 6 of subsection A of Section 6 -205 of this
title shall become effective on the first day the convicted person
is otherwise eligible to apply for and be granted driving privileges
if the person was not eligible to do so at the time of the
conviction.
C. For the purposes of this section:
1. The term "conviction" includes a juvenile delinquency
adjudication by a court or any notification from a court pursuant to
Section 6-107.1 of this title; and
2. The term "revocation" includes a denial of driving
privileges by the Department.
D. Each period of revocation in subsection A of this section
not subject to modification shall be mandatory and neither the
Department nor any court shall grant driving privileges based upon
hardship or otherwise for the duration of that period. Each period
of revocation, subject to modification as provided for in this
section, shall be modified upon request as provided for in Section
Sections 754.1 of this title or Section 11 of this act , 11-902a or
subsection H of Section 6 -205 of this title; provided, any
modification under this paragraph shall apply to Class D driver
licenses only.
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E. Any appeal of a revocation or denial of driving privileges
in subsection A of this section shall be governed by Section 6 -211
of this title.
SECTION 6. AMENDATORY 47 O.S. 2011, Section 6 -206, as
amended by Section 1, Chapter 189, O.S.L. 2016 (47 O.S. Supp. 2020,
Section 6-206), is amended to read as follows:
Section 6-206. A. Whenever any person is convicted or pleads
guilty in any court having jurisdiction o ver offenses committed
under Section 1-101 et seq. of this title, or any other act or
municipal ordinance or act or ordinance of another state regulating
the operation of motor vehicles on highways, such court shall make
immediate report to the Department of Public Safety setting forth
the name of the offender, the number of the driver license and the
penalty imposed. Said report shall be submitted by the judge or the
clerk of the court upon forms furnished or approved by the
Department.
B. The Department, upon receipt of said report or upon receipt
of a report of a conviction in another state relating to the
operation of a motor vehicle, may in its discretion suspend the
driving privilege of such person for such period of time as in its
judgment is justified from the records of such conviction together
with the records and reports on file in the Department , subject to
the limitations provided in Section 6-208 of this title or any other
act or municipal ordinance regulating the operation of motor
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vehicles on highways. Any action taken by the Department shall be
in addition to the penalty imposed by the court subject to the
limitations outlined by statute .
C. The Department, upon receipt of a report of a conviction in
another state relating to the operation of a motor vehicle, may in
its discretion suspend the driving privilege of such person. Any
action taken by the Department shall not exceed the penalty imposed
by a court or the Department in the State of Oklahoma for a
violation substantially similar to the conviction in the other
jurisdiction which did not result in a revocation of Oklahoma
driving privileges.
D. Following receipt of a notice of any nonpayment of fine and
costs for a moving traffic violation with a recommendation of
suspension of driving privileges of a defendant from any court
within this state, as provided for in Section 983 of Title 22 of the
Oklahoma Statutes, the Department shall may suspend the driving
privilege of the named person no earlier than one hundred eighty
(180) days after giving notice as provided in Section 2 -116 of this
title. A person whose license is subject to suspension pursuant to
this section may avoid the effective date of the suspension or, if
suspended, shall be eligible for reinstatement, if otherwise
eligible, upon:
1. Making application to the Department of Public Safety;
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2. Showing proof of payment of the total amount of the fine and
cost or a release from the court or court clerk; and
3. Submitting the processing and reinstatement fees, as
provided for in Section 6-212 of this title.
Provided, however, in cases of extreme and unusual hardship, as
determined by the court , or proof of enrollment in a federal or
state government assistance program, including, but not limited to,
Social Security or the Supp lemental Nutrition Assistance Program ,
the person shall be placed on a payment plan by the court, and the
court shall send a release to the Department for reinstatement
purposes. The court may submit another suspension request pursuant
to this section if the person fails to honor the payment plan and it
is found that the person is financially able but willfully refuses
or neglects to honor the payment plan . In such case, the Department
shall again suspend the person's driving privilege for nonpayment of
fine and costs for the same moving traffic violation. Upon
reinstatement after suspension for nonpayment of fine and costs for
a moving traffic violation the Department may remove such record of
suspension from the person's driving record and retain an int ernal
record for audit purposes. A court within this state may order the
Department to waive any requirement that fines and costs be
satisfied by a person prior to that person being eligible for a
provisional license provided under Section 6 -212 of this title.
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D. E. Upon the receipt of a record of conviction for eluding or
attempting to elude a peace officer, the Department of Public Safety
shall suspend the driving privilege of the person:
1. For the first conviction as indicated on the driving record
of the person, for a period of six (6) months;
2. For the second conviction as indicated on the driving record
of the person, for a period of one (1) year. Such period shall not
be modified; and
3. For the third or subsequent conviction as indicated on t he
driving record of the person, for a period of three (3) years. Such
period shall not be modified.
E. F. Any person whose driving privilege is so suspended under
the provisions of this section shall have the right of appeal, as
provided in Section 6 -211 of this title.
SECTION 7. AMENDATORY 47 O.S. 2011, Section 6 -212, as
last amended by Section 6, Chapter 400, O.S.L. 2019 (47 O.S. Supp.
2020, Section 6-212), is amended to read as follows:
Section 6-212. A. The Department of P ublic Safety shall not
assess and collect multiple reinstatement fees when reinstating the
driving privilege of any person having more than one suspension or
revocation affecting the person's driving privilege at the time of
reinstatement.
B. The Department shall:
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1. Suspend or revoke a person's driving privilege as delineated
within the Oklahoma Statutes; and
2. Require any person having more than one suspension or
revocation affecting the person's driving privilege to meet the
statutory requirements fo r each action as a condition precedent to
the reinstatement of any driving privilege. Provided, however,
reinstatement fees shall not be cumulative, and a single
reinstatement fee, as provided for in subsection C of this section,
shall be paid for all sus pensions or revocations as shown by the
Department's records at the time of reinstatement.
C. Whenever a person's privilege to operate a motor vehicle is
suspended or revoked pursuant to any provision as authorized by the
Oklahoma Statutes, the license or privilege to operate a motor
vehicle shall remain under suspension or revocation and shall not be
reinstated until:
1. The expiration of each such revocation or suspension order;
2. The person has paid to the Department:
a. if such privilege is suspende d or revoked pursuant to
Section 1115.5 of Title 22 of the Oklahoma Statutes or
pursuant to any provisions of this title, except as
provided in subparagraph b of this paragraph, a
processing fee of Twenty -five Dollars ($25.00) for
each such suspension or r evocation as shown by the
Department's records, or
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b. (1) if such privilege is suspended or revoked
pursuant to the provisions of Section 6 -205, 6-
205.1, 7-612, 753, 754 or 761 of this title or
pursuant to subsection A of Section 7 -605 of this
title for a conviction for failure to maintain
the mandatory motor vehicle insurance required by
law or pursuant to subsection B of Section 6 -206
of this title for a suspension other than for
points accumulation, a processing fee of Seventy -
five Dollars ($75.00) for e ach such suspension or
revocation as shown by the Department's records,
and a special assessment trauma -care fee of Two
Hundred Dollars ($200.00) to be deposited into
the Trauma Care Assistance Revolving Fund created
in Section 1-2530.9 of Title 63 of the Oklahoma
Statutes, for each suspension or revocation as
shown by the records of the Department, and
(2) in addition to any other fees required by this
section, if such privilege is suspended or
revoked pursuant to an arrest on or after
November 1, 2008, un der the provisions of
paragraph 2 or 6 of subsection A of Section 6 -205
of this title or of Section 753, 754 or 761 of
this title, a fee of Fifteen Dollars ($15.00),
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which shall be apportioned pursuant to the
provisions of Section 3 -460 of Title 43A of the
Oklahoma Statutes; and
3. The person has paid to the Department a single reinstatement
fee of, beginning on July 1, 2013, and any year thereafter, Twenty -
five Dollars ($25.00).
D. The Department of Public Safety is hereby authorized to
enter into agreements with persons whose license to operate a motor
vehicle or commercial motor vehicle has been suspended or revoked,
for issuance of a provisional license that would allow such persons
to drive unrestricted from 6:00 a.m. to 11:59 p.m. Driving
privileges for a provisional license are restricted from 12:00 a.m.
to 5:59 a.m. to driving :
1. Between their place of residence and their place of
employment or potential employment;
2. During the scope and course of their employment;
3. Between their place of r esidence and a college, university
or technology center;
4. Between their place of residence and their child's school or
day care provider;
5. Between their place of residence and a place of worship; or
6. Between their place of residence and any court -ordered
treatment program,
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with the condition that such persons pay a minimum total of Twenty-
five Dollars ($25.00) Five Dollars ($5.00) per month toward the
satisfaction of all outstanding fees, including, but not limited to,
provisional license fees, war rant fees, court costs or fees, driver
license or commercial driver license reinstatement fees. The
Department shall develop rules and procedures to establish such a
provisional driver license program and such rules and procedures
shall include, but not b e limited to, eligibility criteria, proof of
insurance, proof of enrollment or employment, and any provisional
license fees may suspend or revoke a provisional license pursuant to
this section if the person fails to honor the payment plan. The
person may re-enroll in the provisional driver license program .
E. Any violation of law by the person holding the provisional
license that would result in the suspension or revocation of a
driver license, except for the failure to pay fines, fees or other
financial obligations if the person is participating in a payment
plan, shall result in the revocation of the provisional license and
such person shall be ineligible for future application for a
provisional driver license .
E. F. Eligibility for a provisional licens e shall not take into
consideration any outstanding fines and fees owed, including, but
not limited to, warrant fees, court costs or fees, driver license or
commercial driver license reinstatement fees.
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G. A person with a suspended driver license shall no t have to
take a driver license test to be eligible for a provisional license;
provided, the suspended license has not expired.
H. The Department shall develop rules and procedures necessary
to implement the provisions of this section except as otherwise
provided by this title.
I. Effective July 1, 2002, and for each fiscal year thereafter:
1. Two Hundred Fifty Thousand Dollars ($250,000.00) of all
monies collected each month pursuant to this section shall be
apportioned as provided in Section 1104 of th is title, except as
otherwise provided in this section; and
2. Except as otherwise provided in this section, all other
monies collected in excess of Two Hundred Fifty Thousand Dollars
($250,000.00) each month shall be deposited in the General Revenue
Fund.
SECTION 8. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/09/2021 -
DO PASS, As Amended and Coauthored.