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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 58th Legislature (2022)
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32	32	HOUSE BILL 4189 By: Echols
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38	38	AS INTRODUCED
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40	40	An Act relating to criminal procedure; amending 11
41	41	O.S. 2021, Section 27 -122, which relates to the
42	42	enforcement of payment of fines and co sts by
43	43	imprisonment; prohibiting imprisonment of defendants
44	44	for nonpayment of fi nes and costs; amending 22 O.S.
45	45	2021, Section 983, whi ch relates to fines and costs
46	46	in criminal cases; prohibiting imprisonment of
47	47	defendants for nonpayment of fines , costs, fees, or
48	48	assessments; authorizing courts to enter amounts due
49	49	on the district court judgement do cket; providing
50	50	remedies for enforcing judgments; providing an
51	51	exception; and providing an effective date.
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56	56	BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. AMENDATORY 11 O.S. 2021, Section 27 -122, is
58	58	amended to read as follows:
59	59	Section 27-122. A. If a A defendant who is financially able
60	60	refuses or neglects to pay a found guilty of violating a municipal
61	61	ordinance in any municipal court of this state shall not be
62	62	imprisoned for nonpayment of the fine or costs or both , payment may
63	63	be enforced:
64	64	1. By imprisonment until the same shall be satisfied at the
65	65	rate of Twenty-five Dollars ($25.00) per day; or
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92	92	2. In the same manner as is prescribed in subsection B of t his
93	93	section for a defendant who is without means to make such payment
94	94	owed by the defendant pursu ant to the municipal judgment and
95	95	sentence.
96	96	B. If the defendant is without means to pay the fine o r costs,
97	97	the municipal judge may direct the total amount due to be entered
98	98	upon the court minutes and to be certified to the district court in
99	99	the county where the situs of the municipal government is located,
100	100	where it shall be entered upon the district co urt judgment docket
101	101	and shall have the full force and effect of a district court
102	102	judgment. The same remedies shall be available for the enforcement
103	103	of the judgment as are available to any other judgment creditor.
104	104	SECTION 2. AMENDATORY 22 O.S. 2021, Section 983, is
105	105	amended to read as follows :
106	106	Section 983. A. Any A defendant found guilty of a n offense in
107	107	any court of this state may shall not be imprisoned for nonpa yment
108	108	of the fine, cost, fee, or assessment when the trial court finds
109	109	after notice and hearing that the defendant is financially able but
110	110	refuses or neglects to pay the fine, cost, fee, or assessment. A
111	111	sentence to pay a fine, cost, fee, or assessment ma y be converted
112	112	into a jail sentence only after a hearing and a judicial
113	113	determination, memorialized of record, that the defendant is able to
114	114	satisfy the fine, cost, fee, or assessmen t by payment, but refuses
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141	141	or neglects so to do owed by the defendant pursuant to the judgment
142	142	and sentence.
143	143	B. After a hearing and judicial determination that the
144	144	defendant is able to pay the fine, cost , fee, or assessment in
145	145	installments, the court may o rder the fine, cost, fee, or assessment
146	146	to be paid in installments and shall set the amount and date for
147	147	each installment.
148	148	C. If the defendant is without means to pay the fine, cost,
149	149	fee, or assessment, the court may direct the total amount due, or
150	150	any portion thereof, to be entered upon the court minutes and to be
151	151	certified in the district co urt of the county where it shall then be
152	152	entered upon the distri ct court judgment docket and shall have the
153	153	full force and effect of a district court judgment in a ci vil case.
154	154	Thereupon, the same remedies shall be available for the enforcement
155	155	of the judgment as are available to enforce other judgments;
156	156	provided, however, the judgment herein prescribed shall not be
157	157	considered a debt nor dischargeable in any bankruptcy proceeding.
158	158	D. In addition, the district court or municipal court, within
159	159	one hundred twenty (120) days from the date upon which the person
160	160	was originally ordered to make payment, may send notice of
161	161	nonpayment of any court ordered fine and costs for a mov ing traffic
162	162	violation to the Depart ment of Public Safety with a recommendation
163	163	of suspension of driving privileges of the defendant until the total
164	164	amount of any fine and costs has been paid. Upon recei pt of payment
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191	191	of the total amount of the fine and cos ts for the moving traffic
192	192	violation, the court shall send notice thereof to the Department, if
193	193	a nonpayment notice was sent as provided for in this subsec tion.
194	194	Notices sent to the Department shall be on forms or by a method
195	195	approved by the Department.
196	196	D. E. The Court of Criminal Appeals shal l implement procedures
197	197	and rules for methods of establishing payment plans of fines, costs,
198	198	fees, and assessments by indigents, which procedures and rules shall
199	199	be distributed to all district courts and municipal court s by the
200	200	Administrative Office of the Courts.
201	201	SECTION 3. This act shall become effective November 1, 2022.
202	202
203	203	58-2-10113 GRS 01/07/22

Oklahoma 2022 Regular Session

Oklahoma House Bill HB4189 Compare Versions