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SENATE FLOOR VERSION
April 13, 2022
ENGROSSED HOUSE
BILL NO. 3957 By: Walke of the House
and
Floyd of the Senate
[ fees - changing funding process for courtroom
interpreter services - effective date –
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 28 O.S. 2021, Section 152, is
amended to read as follows:
Section 152. A. In any civil case filed in a district court,
the court clerk shall collect, at the t ime of filing, the following
flat fees, none of which shall ever be refundable, and which shall
be the only charge for court costs, except as is otherwise
specifically provided for by law:
1. Actions for divorce, alimony without divorce, separate
maintenance, custody or support............................... $183.00
2. Any ancillary pro ceeding to modify or vacate a divorce
decree providing for custody or support ........................ $43.00
3. Probate and guardianship .............................. $135.00
4. Annual guardianship report ............................. $33.00
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5. Any proceeding for sale or lease of rea l or personal
property or mineral interest in probate or guardianship........$43.00
6. Any proceeding to revoke the probate of a will .........$43.00
7. Judicial determination of dea th........................ $58.00
8. Adoption................................ ..............$105.00
9. Civil actions for an amount of Ten Thousand Dollars
($10,000.00) or less and condemnation......................... $150.00
10. Civil actions for an amount of Ten Thousand One
Dollars ($10,001.00) or more ................................ .$163.00
11. Garnishment................................ ...........$23.00
12. Continuing wage garnishment ........................... $63.00
13. Any other proceeding after judgment ...................$33.00
14. All others, including but not limited to actions for
forcible entry and detainer, judgments from all o ther courts,
including the Workers ' Compensation Court...................... $85.00
15. Notice of renewal of judgment ......................... $23.00
B. In addition to the amounts collected pursuant to paragraphs
1, 3, 7, 8, 9, 10 and 14 of subsection A o f this section, the sum of
Six Dollars ($6.00) shall be assessed and credited to the Law
Library Fund.
C. In addition to the amounts collected pursuant to subsections
A and B of this section, the sum of Twenty-five Dollars ($25.00)
shall be assessed and c redited to the Oklahoma Court Information
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System Revolving Fund created pursuant to Section 1315 of Title 20
of the Oklahoma Statutes.
D. In addition to the amounts collected pursuant to subsection
A of this section, the sum of Five Dollars ($5.00) shall be assessed
and credited to the Oklahoma court -appointed special advocates
(OCASA).
E. In addition to the amounts collected pursuant to subsection
A of this section, the sum of Two Dollars ($2.00) shall be assessed
and credited as follows:
1. One Dollar and fifty-five cents ($1.55) of such amount sh all
be credited to the Council on Judicial Complaints Revolving Fund;
and
2. Forty-five cents ($0.45) of such amount shall be credited to
the Supreme Court Revolving Fund to be used to reimburse district
courts for expenses related to services of inte rpreters and
translators. Vouchers for such expenses shall be submit ted by the
district court and and may be budgeted and expended by the Supreme
Court for expenses lawfully incurred for providing qualified
courtroom interpreter services in the district court s, for
credentialing and training Oklahoma courtroom interpreters, an d for
any other expenditures determined by the Supreme Court to be
necessary to provide language access in the district courts as
required by state and federal law. Payments of expenses may be made
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after the claim or expense is approved by the Chief Justi ce of the
Supreme Court or another justice designated by the Chief Justice.
F. In addition to the amounts collected pursuant to paragraphs
1, 3, 8, 9, 10 and 14 of subsection A of this s ection, each county
may assess, upon approval by the board of county commissioners, a
sum not to exceed Ten Dollars ($10.00) per case to be credited to
the Sheriff's Service Fee Account in the county in which t he action
arose for the purpose of enhancing e xisting or providing additional
courthouse security.
G. Until November 1, 2027, in addition to the amounts collected
pursuant to subsection A of this sectio n, the sum of Ten Dollars
($10.00) shall be assessed and credited to the Court Clerk 's Records
Management and Preservation Fund created in Section 31.3 of this
title.
H. In any case in which a litigant claims to have a just cause
of action and that, by re ason of poverty, the litigant is unable to
pay the fees and costs provided for in this section and is
financially unable to employ counsel, upon the filing of an
affidavit in forma pauperis executed before any officer authorized
by law to administer oaths to that effect and upon satisfactory
showing to the court that the litigant has no means and is,
therefore, unable to pay the applicable fees and costs and to employ
counsel, no fees or costs shall be required. The opposing party or
parties may file with the court clerk of the court having
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jurisdiction of the cause an affidavit similarly executed
contradicting the allegation of poverty. In all such cases, the
court shall promptly set for hearing the determination of
eligibility to litigate without payment of fees or costs. Until a
final order is entered de termining that the affiant is ineligible,
the clerk shall permit the affiant to litigate without payment of
fees or costs. Any litigant executing a false affidavit or counter
affidavit pursuant to the p rovisions of this section shall be guilty
of perjury.
I. Payments to the court clerk for fees and costs assessed
pursuant to this section may be made by a nationally r ecognized
credit or debit card or other electronic payment method as provided
in paragraph 1 of subsection B of Section 151 of this title.
SECTION 2. AMENDATORY 28 O.S. 2021, Section 153, is
amended to read as follows:
Section 153. A. The clerks of the courts shall collect as
costs in every criminal case for each o ffense of which the defendant
is convicted, irrespect ive of whether or not the sentence is
deferred, the following flat charges and no more, except for
standing and parking violations and for charges otherwise provided
for by law, which fee shall cover doc keting of the case, filing of
all papers, issuance of process, warrants, orders, and other
services to the date of judgment:
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1. For each defendant convicted of
exceeding the speed limit by at least
one (1) mile per hour but not more than
ten (10) miles per hour, whether charged
individually or conjointly wi th others ..............$77.00
2. For each defendant convic ted of a
misdemeanor traffic violation other than
an offense provided for in paragraph 1
or 5 of this subsection, whether charged
individually or conjointly with others ..............$98.00
3. For each defendant convicted o f a
misdemeanor, other than for driving
under the influence of alcohol or other
intoxicating substance or an offens e
provided for in paragraph 1 or 2 of this
subsection, whether charged individually
or conjointly with others ........................... $93.00
4. For each defendant c onvicted of a
felony, other than for driving u nder the
influence of alcohol or other
intoxicating substance, whethe r charged
individually or conjointly with others .............$103.00
5. For each defendant convicte d of the
misdemeanor of driving under the influence
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of alcohol or other intoxicating substance,
whether charged individually or conjointly
with others ................................ ....... $433.00
6. For each defendant convicted of the
felony of driving under the influence of
alcohol or other intoxicating substance,
whether charged individually or
conjointly with others ............................. $433.00
7. For the services of a court reporter at
each preliminary hearing and trial h eld
in the case ................................ .........$20.00
8. For each time a jury is requested .................... $30.00
9. A sheriff's fee for serving or
endeavoring to serve each writ, warran t,
order, process, command, or notice or
pursuing any fugitive from justice
a. within the county......................... $50.00, or
mileage as
established by the
Oklahoma Statutes,
whichever is
greater, or
b. outside of the county..................... $50.00, or
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actual, necessary
expenses, whichever
is greater
10. For the services of a language interpreter, other than an
interpreter appointed pursuant to the pro visions of the Oklahoma
Interpreter for the Deaf Act, at each hearing held in the case, the
actual cost of the interpreter.
B. In addition to the amount collected pursuant to paragraphs 2
through 6 of subsection A of this section, the sum of Six Dollars
($6.00) shall be assessed and credited to the Law Library Fund
pursuant to Section 1201 e t seq. of Title 20 of the Oklahoma
Statutes.
C. In addition to the amount collected pursuant to su bsection A
of this section, the sum of Twenty Dollars ($20.00) shall be
assessed and collected in every traffic case for each offense other
than for driving under the influence of alcohol or other
intoxicating substance; the sum of Thirty Dollars ($30.00) shall be
assessed and collected in every misdemeanor case for each of fense;
the sum of Thirty Dollars ($30.00) shall be assessed and collected
in every misdemeanor case for each offense for driving under the
influence of alcohol or other intoxicating subst ance; the sum of
Fifty Dollars ($50.00) shall be assessed and collect ed in every
felony case for each offense; and the sum of Fifty Dollars ($50.00)
shall be assessed and collected in every felony case for each
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offense for driving under the influence of al cohol or other
intoxicating substance.
D. In addition to the amounts collected pursuant to subsections
A and B of this section, the sum of Twenty -five Dollars ($25.00)
shall be assessed and credited to the Okl ahoma Court Information
System Revolving Fund created pursuant to Section 1315 of Title 20
of the Oklahoma Statutes .
E. In addition to the amount collected pursuant to paragraphs 1
through 6 of subsecti on A of this section, the sum of Ten Dollars
($10.00) shall be assessed and credited to the Sheriff 's Service Fee
Account in the county in which the conviction occurred for the
purpose of enhancing existing or providing additional courthouse
security.
F. In addition to the amounts collected pursuant to para graphs
1 through 6 of subsection A of this sec tion, the sum of Three
Dollars ($3.00) shall be assessed and credited to the Office of the
Attorney General Victim Services Unit.
G. In addition to the amou nts collected pursuant to paragraphs
1 through 6 of subsection A of this section, the sum of Three
Dollars ($3.00) shall be assessed and credited to the Child Abuse
Multidisciplinary Account. This fee shall not be used for purposes
of hiring or employing any law enforcement officers.
H. In addition to the amount collected pursuant to paragraphs 5
and 6 of subsection A of this section, the sum of Fifteen Dollars
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($15.00) shall be assessed in every misdemeanor or felony case for
each offense of driving unde r the influence of alcohol or other
intoxicating substance and credited to the Oklahoma Impaired Dr iver
Database Revolving Fund created pursuant to Section 8 of Enrolled
House Bill No. 3146 of the 2nd Session of the 55th Oklahoma
Legislature 11-902d of Title 47 of the Oklahoma Statutes.
I. Prior to convicti on, parties in criminal cases shall not be
required to pay, advance, or post security for the services of a
language interpreter or for the issuance or service of process to
obtain compulsory attendance of witnesses.
J. The amounts to be assessed as court costs upon filing of a
case shall be those am ounts above-stated in paragraph 3 or 4 of
subsection A and subsection s B, C, D and E of this section.
K. The fees collected pursuant to this section shall b e
deposited into the court fund, except the following :
1. A court clerk issuing a misdemeanor warr ant is entitled to
ten percent (10%) of the sheriff 's service fee, provided for in
paragraph 9 of subsection A of this section, collected on a warrant
referred to the contractor for the misdemeanor warrant noti fication
program governed by Sections 514.4 an d 514.5 of Title 19 of the
Oklahoma Statutes. This ten -percent sum shall be deposited into the
issuing Court Clerk's Revolving Fund, created pursuant to Sec tion
220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing
the warrant with the bala nce of the sheriff's service fee to be
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deposited into the Sheriff 's Service Fee Account, created pursuant
to the provisions of Section 514.1 of Title 19 of t he Oklahoma
Statutes, of the sheriff in the county in which service is made or
attempted. Otherwis e, the sheriff's service fee, when collected,
shall be deposited in i ts entirety into the Sheriff 's Service Fee
Account of the sheriff in the county in which service is made or
attempted;
2. The sheriff's fee provided for in Section 153.2 of this
title;
3. The witness fees paid by the district attorney pursuant to
the provisions of Section 82 of this title which, if collected by
the court clerk, shall be tra nsferred to the district attorney's
office in the county where witness attendance was required. Fe es
transferred pursuant to this paragraph shall be deposited in the
district attorney's maintenance and operating expense account;
4. The fees provided for in subsection C of this section shall
be forwarded to the District Attorneys Council Revolving Fund to
defray the costs of prosecution; and
5. The following amounts of the fees provided for in paragraphs
2, 3, 5 and 6 of subsection A of this section, when collected, shall
be deposited in the Trauma Care Ass istance Revolving Fund, created
pursuant to the provisions of Section 1 -2530.9 of Title 63 of the
Oklahoma Statutes:
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a. Ten Dollars ($10.00) of the Ninety -eight-Dollar fee
provided for in paragraph 2 of subsection A of this
section,
b. Ten Dollars ($10.00) of the Ninety-three-Dollar fee
provided for in paragraph 3 of subsection A of this
section,
c. One Hundred Dollars ($100.00) of the Four -Hundred-
Thirty-three-Dollar fee provided for in paragraph 5 of
subsection A of this section, and
d. One Hundred Dollars ($100.00) of the Four -Hundred-
Thirty-three-Dollar fee provided for in paragraph 6 of
subsection A of this section .
L. Costs required to be collected pursuant to this section
shall not be dismissed or waived; provided, if the court determines
that a person needing the services of a language interpre ter is
indigent, the court may waive all or part of the costs or requ ire
the payment of costs in installment s.
M. As used in this section, "convicted" means any final
adjudication of guilt, whether pursuant to a plea of guilty or nolo
contendere or otherw ise, and any deferred judgment or suspended
sentence.
N. M. A court clerk may accept in payment for any fee, fine,
forfeiture payment, cost, penalty assessm ent or other charge or
collection to be assessed or c ollected by a court clerk pursuant to
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this section a nationally recognized credit card or debit card or
other electronic payment method as provided in paragraph 1 of
subsection B of Section 151 of this t itle.
O. N. Upon receipt of payment of fines and cos ts for offenses
charged prior to July 1, 1992, the court clerk shall apportion and
pay Thirteen Dollars ($13.00) pe r conviction to the court fund.
SECTION 3. This act shall become effect ive July 1, 2022.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and af ter its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
April 13, 2022 - DO PASS