Oklahoma 2023 2023 Regular Session

Oklahoma House Bill HB2259 Enrolled / Bill

Filed 05/11/2023

                    An Act 
ENROLLED HOUSE 
BILL NO. 2259 	By: Sterling, Goodwin, and 
Pittman of the House 
 
  and 
 
  Howard of the Senate 
 
 
 
 
 
 
An Act relating to court financial obligations; 
amending 19 O.S. 2021, Sections 514.4 and 514.5, 
which relate to outstanding warrants and 
administrative costs; establishing court cost 
compliance program; stating purpose of program; 
authorizing assistance o f court cost compliance 
liaisons; modifying requirements for certain 
payments; establishing procedures for payments in 
cases referred to cour t cost compliance liaison; 
requiring reversal o f transaction upon certain 
notification; authorizing addition of cer tain fees; 
requiring court cost compliance liaison to provide 
certain information; modifying procedures for release 
or recall of certain warr ants; conforming language; 
authorizing certain waiver or reduction; amending 22 
O.S. 2021, Section 983, which relat es to failure to 
pay fines, costs, fees, or assessments; defining 
terms; authorizing court to make determination of 
defendant’s ability to pa y; authorizing hardship 
waiver of court financi al obligations under certain 
circumstances; requiring court to consi der certain 
factors when making determination of ability to pay; 
prohibiting consideration of certain amounts as 
income; establishing presump tions of inability to 
pay; requiring court to p rovide certain information 
to defendant; requiring immediate appeara nce after 
sentencing by defendant to court clerk for certain 
purposes; stating consequence of certain failure to 
appear; authorizing certain payment terms for court 
financial obligations; authorizing defendant to 
request cost hearing; establishing procedur es and 
requirements for cost hearing; authorizing court to  ENR. H. B. NO. 2259 	Page 2 
rely on certain testimony and documentation for 
making certain determination; requ iring promulgation 
of certain affidavit by Cour t of Criminal Appeals; 
authorizing certain conditions of payment by 
defendant able to pay; authorizing issuance of 
certain warrants; directing percentage of reduction 
of certain court financial obligations; es tablishing 
requirements and procedures for cert ain delinquency; 
specifying form of certain summons; directing 
referrals to court cost compliance program; 
establishing procedures for outstanding cost cite and 
release warrants; requiring law enforcement offi cer 
to issue certain warning; establishing proc edures for 
issuance of certain warning; requiring certain 
actions by court clerk upon reporting of defendant; 
authorizing issuance of cost arrest warrant for 
failure to report; requiring court to conduct cost 
hearing or willfulness hearing under certain 
circumstances; providing exception to certain summons 
requirement; stating effect of provisions on certain 
warrants; providing for confidentiality of certain 
supporting documents; authorizing willfulness hearing 
under certain circumstances; construing provis ions; 
requiring certain evaluations by court at willfulness 
hearing; authorizing court to impose jail sentence 
under certain circumstances; authorizing granting of 
certain credit upon imposition of jail senten ce; 
modifying requirements for certain notice t o Service 
Oklahoma; requiring county participation in court 
cost compliance program; requiring case referrals 
within certain time period; modifying requirements 
for certain procedures and rules; amending 28 O. S. 
2021, Section 101, which relates to fees and costs in 
criminal cases; conforming language; increasing daily 
rates for imprisonment for satisfaction of court 
financial obligations; modifying definition; 
repealing Sections 2, 3, 4, 5, and 6, Chapter 350, 
O.S.L. 2022, which relate to court financial 
obligations; and providing an effective date. 
 
 
 
 
SUBJECT: Court financial obligations 
  ENR. H. B. NO. 2259 	Page 3 
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA: 
 
SECTION 1.     AMENDATORY     19 O.S. 2021, Section 514.4, is 
amended to read as follows: 
 
Section 514.4 A.  Notwithstanding any other section of law, the 
county 1.  Effective November 1, 2023, there is her eby established a 
court cost compliance program.  The purpose of the program shall be 
to assist county sheriffs and the courts of this state with the 
collection of fines, costs, fees, a nd assessments associated with 
any case in which a warrant has been issued and the case has been 
referred to the court cost compliance program pursuant to Section 
983 of Title 22 of the Oklahoma Statutes. 
 
2.  County sheriffs of any Oklahoma county in this state may 
contract with a statewide association of county sheriffs to 
administer contracts with third parties who shall be known as court 
cost compliance liaisons.  The court cost compliance liaison may 
assist with attempting to locate and notify persons o f their 
outstanding misdemeanor or failure-to-pay cost-related warrants and 
recover and maintain accounts relating to past due fines, fees, 
costs, and assessments.  County sheriffs contracting with a 
statewide association of county sheriffs for the adminis tration of 
third-party contracts may assign their rights and duties regarding 
these contracts to the association. 
 
B.  A person may make payment directly to the court, as allowed 
by law, or the contractor court cost compliance liaison, as allowed, 
shall be authorized to accept payment on misdemeanor or failure-to-
pay cost-related warrants on all cases referred p ursuant to Section 
983 of Title 22 of the Oklahoma Statutes by various means including, 
but not limited to, payment by phone, mail, or Internet, and in any 
payment form including, but not limited to, personal, cashier’s, 
traveler’s, certified, or guaranteed bank check, postal or 
commercial money order, nationally r ecognized credit or a debit 
card, or other generally accepted payment form. Any payment 
collected and received by the contractor court cost compliance 
liaison shall be paid to the court clerk of the court that issued 
the warrant within fifteen (15) days to the court clerk of the 
entity that issued the outstanding misdemeanor or failure -to-pay 
warrant after receipt of the payment and proof of funds .  Any 
payment collected and received by the court, where the court has 
referred the case to a court cost compliance liaison, shall be 
reported to the court cost compliance liaison within four (4) days 
of receipt of the payment. Any payment returned due to insufficient  ENR. H. B. NO. 2259 	Page 4 
funds shall have all insufficient fund charges incurred added to the 
outstanding balance of the defendant. If a credit card payment 
taken by a court cost compliance liaison is determined to be a 
fraudulent use of the credit card by the payor and the payment is 
reversed by the credit card company or payor’s bank, the court clerk 
shall reverse the transaction upon notification, return the payment 
to the court cost compliance liaison, and the court cost compliance 
liaison shall continue the collection p rocess until paid.  The court 
clerk shall add any a dditional fees for the reversal of the 
transaction plus the administration fees to the outstanding balance 
of the defendant. Court cost compliance liaisons shall inform 
individuals of their right to a cos t hearing as provided in Section 
983 of Title 22 of the Oklahoma Statutes. 
 
C.  As provided for by thi s section, a person may pay in lieu of 
appearance before the court and such payment accept ed by the court 
shall constitute a finding of guilty guilt as though a plea of nolo 
contendere had been entered by the defendant as allowed by law and 
shall function as a written, dated, and signed plea form acceptable 
to the court.  Such payment shall ser ve as a written waiver of a 
jury trial. 
 
D.  The court shall release or recall the outstanding 
misdemeanor or failure-to-pay cost-related warrant upon receipt of 
all sums due pursuant to said the warrant including the misdemeanor 
or failure-to-pay cost-related warrant, scheduled fine or sum due, 
all associated fees, costs and statutory penalty assessme nts, and 
the administrative cost pursuant to Section 514.5 of this t itle, or 
with a mutually agreeable monthly payment plan and a down payment 
set at the discretion of the court at an amount no less than One 
Hundred Dollars ($100.00). A single down payment shall be 
sufficient to recall all cost -related warrants agai nst a defendant 
pending in a single jurisdiction. 
 
E.  The provisions of any contract entered into by a county 
sheriff shall be administered by a statewide association of county 
sheriffs in Oklahoma. 
 
F.  The provisions of this section and Section 514.5 of this 
title shall be applicable to: 
 
1.  Any misdemeanor or failure-to-pay cost-related warrant 
issued pursuant to Section 983 of Title 22 of the Oklahoma Statutes 
or relating to any proceeding pursuant to the State and Municip al 
Traffic, Water Safety, and Wildl ife Bail Bond Procedure Act;  ENR. H. B. NO. 2259 	Page 5 
 
2.  Any misdemeanor or failure-to-pay cost-related warrant 
issued that allows a defendant to resolve the matter by payment in 
lieu of a personal appearance in court; and 
 
3.  Any failure-to-pay cost-related warrant issued in a criminal 
case. 
 
SECTION 2.     AMENDATORY     19 O.S. 2021, Section 514.5 , is 
amended to read as follows: 
 
Section 514.5 A.  Misdemeanor or failure-to-pay cost-related 
warrants or cases referred to the third-party contractor court cost 
compliance liaison pursuant to Section 514.4 of this title shall 
include the addition of an admin istrative cost of thirty percent 
(30%) of the outstanding misdem eanor or failure-to-pay cost-related 
warrant, scheduled fine or sum due, and all associated fees, costs 
and statutory penalty assessments.  This administrative cost shall 
not be waived or reduced except unless the amount owed is waived or 
reduced or by order of the court upon good cause. 
 
B.  The administrative cost reflected in su bsection A of this 
section, when collected, shall be distributed to the third-party 
contractor court cost compliance liaison, a portion of which may be 
used to compensate the statewide association administrati ng the 
contract. 
 
C.  The monies collected and disbursed shall be audited at least 
once a year by a firm approved by the State Auditor and Inspector. 
 
SECTION 3.     AMENDATORY     22 O.S. 2021, Section 983, is 
amended to read as follows: 
 
Section 983. A.  Any As used in this section, unless the 
context otherwise requires: 
 
1.  “Cost arrest warrant” means a warrant authorizing arrest 
that is issued by a court under the following circumstances: 
 
a. failure to comply with the terms of a court financial 
obligations payment plan, 
 
b. failure to appear at a cost hearing or willfulness 
hearing, or 
  ENR. H. B. NO. 2259 	Page 6 
c. failure to appear at the office of the court clerk of 
the county in which the court financial obligation is 
owed within ten (10) days of being cited by a law 
enforcement officer to appear; 
 
2. “Cost cite and release warrant” means a warrant issued by a 
court authorizing citation and release under the following 
circumstances: 
 
a. failure to comply with terms of a court financial 
obligations payment plan , or 
 
b. failure to appear at a co st hearing or willfulness 
hearing; 
 
3. “Cost hearing” means a hearing in which the court determines 
the ability of a defendant to pay court financial obligations.  Once 
a cost hearing date has b een set, all court financial obligations 
shall be suspended until the cost hearing has b een held; 
 
4.  “Court financial obligation” means all financial obligations 
including fines, costs, fees, and assessments, imposed by the court 
or required by law to be paid, excluding restitution or payments to 
be made other than to t he court clerk; 
 
5. “Payment-in-full” means a court financial payment term that 
requires the defendant to pay the full amount of court financial 
obligations owed within ninety (90) days of a plea or sentence in 
the district court or within thirty (30) days of a plea or sentence 
in the municipal court; 
 
6. “Payment-in-installments” means payment terms for court 
financial obligations that require the defendant to make monthly 
payments in any amount until the amount owed is fully paid ; and 
 
7.  “Willfulness hearing” means a hearing in which the court 
determines whether a defendant who has previously been found to have 
the ability to pay co urt financial obligations has willfully failed 
to pay the debt. 
 
B.  1. Except in cases provided for in Section 983b of this 
title, when the judgment and sentence of a court, either in whole or 
in part, imposes court financial obligations upon a defendant, the 
court at the time of sentencing may immediately, or at any point 
thereafter until the debt is either paid or waived , determine the  ENR. H. B. NO. 2259 	Page 7 
ability of a defendant to pay the court financial obligations.  The 
court may make such determinations at a cost hearing or upon written 
motion or affidavit by the defendant. The ability of a defendant to 
pay court financial obligations may not impact the sentence imposed. 
 
2. Defendants with court financial obligations who are found by 
the court to be unable to pay, in whole or in part, shall be 
relieved of the debt by the court through a hardship waiver of the 
court financial obligations, either in whole or in part. 
 
3. In determining the ability of a defendant to pay, the court 
shall consider the following factors: 
 
a. individual and household income, 
 
b. household living expenses, 
 
c. number of dependents, 
 
d. assets, 
 
e. child support obligations, 
 
f. physical or mental health conditions that diminish the 
ability to generate income or manage resources, 
 
g. additional case-related expenses to be paid by the 
defendant, and 
 
h. any other factors relevant to the ability of the 
defendant to pay. 
 
4.  In determining the ability of a defendant to pay, the 
following shall not be considered as income or assets: 
 
a. child support income, 
 
b. any monies received from a federal, state, or tribal 
government need-based or disability assistance 
program, or 
 
c. assets exempt from bankruptcy. 
  ENR. H. B. NO. 2259 	Page 8 
5. Defendants in the following circumstances are presumed 
unable to pay and eligible for relief under paragr aph 2 of this 
subsection: 
 
a. designated as totally disabled by any federal, state, 
or tribal disability services pr ogram including but 
not limited to military disability, Social Security 
Disability Insurance, Supplemental Security Income, or 
tribal disability benefits, 
 
b. receives support from the Temporary Assistance for 
Needy Families program, Supplemental Nutrition 
Assistance Program, the Special Supplemental Nutrition 
Program for Women, Infants, and Children nutrition 
education and supplemental food program, or any other 
federal need-based financial support, 
 
c. receives subsidized housing support through the 
Housing Choice Voucher program, the United States 
Department of Housing and Urban Development, or other 
state, local, or federal government housing subsidy 
program, or 
 
d. total income is below one hundred fifty percent (150%) 
of the federal poverty level. 
 
C. 1. At the time of a plea or sentencing, the court shall 
inform the defendant of the total court financial obli gations owed, 
the consequences of failing to pay the court financial obligations, 
and that the defendant may request a cost hearing if at any time he 
or she is unable to pay the court financial obligations, at which 
point the court may waive all or part of the debt owed.  If the 
total amount of court financial obligations owed is not available at 
the time of the plea or sentencing, the court shall inform the 
defendant that court financial obli gations have been incurred and 
the time and location where the defendant may learn of the total 
amount owed. 
 
2. The court shall order the defendant to appear immediately 
after sentencing at the office of the court clerk to provide current 
contact information and to either select payment terms or request a 
cost hearing.  Failure to immediately report to the court clerk 
shall result in the full amount of court financial obligations to be 
due thirty (30) days from the date of the plea or sentencing in  ENR. H. B. NO. 2259 	Page 9 
district courts or thirty (30) days from the date of the plea or 
sentencing in municipal courts. 
 
3. Payment of court financial obligations may be made under the 
following terms: 
 
a. payment in full, or 
 
b. payment in installments. 
 
Upon any change in circumstances affecting the ability of a 
defendant to pay, a defendant may request a cost hearing before the 
court by contacting the court clerk. 
 
4. The district court for each county and all municipal courts 
shall provide a cost hearing for any defendant upon request, either 
by establishing a dedicated docket or on an as-requested basis.  A 
defendant who requests a cost hearing will receive a summons by 
personal service or by United States mail to appear in court as 
required by subsection G of this section. If a defendant fails to 
appear for a requested cost hearing, the court may issue either a 
cost cite and release warrant or a cost arrest warrant.  No fees 
shall be assessed or collec ted from the defendant as a consequence 
of either requesting a cost hearing or the issuing of a cost cite 
and release warrant. 
 
D.  In determining the ability of the defendant to pay court 
financial obligations, the court may rely on testimony, relevant 
documents, and any information provided by the defendant using a 
cost hearing affidavit promulgated by the Court of Criminal Appeals.  
In addition, the court may make inquiry of t he defendant and 
consider any other evidence or testimony concernin g the ability of 
the defendant to pay. 
 
E.  1. If at the initial cost hearing or any subsequent cost 
hearing, the court determines that the defendant is able to pay some 
or all of the court financial obligations, the court may order any 
of the following conditions for p ayment: 
 
a. payment in full, 
 
b. payment in installments, 
 
c. financial incentive under a set of conditions 
determined by the court, or  ENR. H. B. NO. 2259 	Page 10 
 
d. community service in lieu of payment ; provided, the 
defendant shall receive credit for no less than two 
times the amount of the minimum wage specified 
pursuant to state law for each hour of community 
service. 
 
2.  Any defendant who fails to comply with the terms of the 
payment plan ordered by the court shall be considered delinquent and 
the court may issue either a cost cite and release warrant or a cost 
arrest warrant. 
 
F. If the court determines that a waiver of any of the court 
financial obligations is warranted, the court shall apply the same 
percentage reduction equally to all fines, costs, fees, and 
assessments, excluding restitution. 
 
G.  1.  A defendant is considered delinquent in the payment of 
court financial obligations under the following circumstances: 
 
a. when the total amount due has not been paid by the due 
date, or 
 
b. when no installment payments ha ve been received in the 
most recent ninety-day period. 
 
2.  The court clerk shall periodically review cases for 
delinquency at least once every six (6) months and, upon identifying 
a delinquent defendant, notify the court which shall, within ten 
(10) days thereafter, set a cost hearing for the court to determine 
if the defendant is able to pay.  The cost hearing shall be set 
within forty-five (45) days of the issuance of the summons.  The 
hearing shall be set on a date that shall allow the court clerk to 
issue a summons fourteen (14) days prior to the cost hearing. 
Defendants shall incur no additional fees associated with the 
issuance of the summons. 
 
3.  At least fourteen (14) days prior to the cost hearing, the 
court clerk shall issue one summons to the defendant to be served by 
United States mail to the mailing address of the defendant on file 
in the case, substantially as follows: 
 
SUMMONS 
  ENR. H. B. NO. 2259 	Page 11 
You are ORDERED to appear for a COST HEARING at a specified 
time, place, and date to determine if you are financially able to 
pay the fines, costs, fees, or assessments or an installment due in 
Case No.__________. 
 
YOU MUST BE PRESENT AT THE HEARING. 
 
At any time before the date of the cost hearing, you may contact 
the court clerk and pay the amount due or request in writing or in 
person prior to the court date, that the hearing be rescheduled for 
no later than thirty (30) da ys after the scheduled time . 
 
THIS IS NOT AN ARREST WARRANT.  However, if you fail to appear 
for the cost hearing or pay the amount due, the court will issue a 
WARRANT and refer the case to a court cost compliance liaison which 
will cause an additio nal administrative fee of up to thirty-five 
percent (35%) to be added to the amount owed and may include 
additional costs imposed by the court. 
 
4.  Referrals to the court cost compliance program as provided 
in subsection L of this section shall be made as follows: 
 
a. courts shall refer a case to the court cost compliance 
program upon the issuance of a cost arrest warrant, 
 
b. courts may refer a case to the court cost compliance 
program upon the issuance of a cost cite and release 
warrant, or 
 
c. courts may refer a case to the court cost compliance 
program without the issuance of a warrant; provided, 
the defendant is delinquent and has had sufficient 
notice and opportunity to have a cost hearing. 
 
5.  A municipal court, in lieu of mailing the summons provided 
for in this subsection, may give the summons to the defendant in 
person at the time of sentencing or subsequent appearance of a 
specific date, time, and place, not fewer than thirty (30) days nor 
more than one hundred twenty (120) days from the date of sentencing 
to appear for a cost hearing if the court financial obligations 
remain unpaid. 
 
H. 1. If a defendant is found by a law enforcement officer to 
have an outstanding cost cite and release warrant, the law 
enforcement officer shall issue a Warning/Notice to appear within  ENR. H. B. NO. 2259 	Page 12 
ten (10) days of release from detention on the warrant to the court 
clerk of the court in which the court financial obligations are 
owed. If the officer has the nec essary equipment, the officer shall 
immediately transmit the Warning/Notice electronically to the court 
clerk of the court in which the court financial obligations are 
owed. The law enforcement officer shall not take the defendant into 
custody on the cite and release warrant, and no other law 
enforcement officer who encounters the defendant during this ten-day 
period may take the defendant into custody on the warrant.  If the 
law enforcement officer is unable to transmit the Warning/Notice 
electronically to the court clerk, the officer shall inform the 
appropriate department staff member within the agency of the law 
enforcement officer of the Warning/Notice within five (5) days. The 
department staff member shall then promptly notify the law 
enforcement agency in the jurisdiction that issued the warrant 
electronically.  The electronic communication shall be treated as a 
duplicate original for all purposes in any subsequent hearings 
before the appropriate court. 
 
2. If the defendant reports to the office of the court clerk 
within the ten (10) days, the court clerk shall: 
 
a. inform the court of the Warning/Notice to the 
defendant and contact, 
 
b. schedule a cost hearing pursuant to applicable local 
court rule, and 
 
c. submit the warrant to the court for recall pending the 
cost hearing. 
 
3.  If the defendant fails to report to the office of the court 
clerk within the ten (10) days, the court may issue a cost arrest 
warrant for the arrest of the defendant. 
 
4.  At the hearing following the arrest for failure to appear, 
the court shall conduct a cost hearing or willfulness hearing, as 
the court deems appropriate, within seventy-two (72) hours unless: 
 
a. the defendant pays One Hundred Dollars ($10 0.00) 
toward the court financial obligation, is released 
from custody, and the new cost hearing date is 
provided, or 
  ENR. H. B. NO. 2259 	Page 13 
b. the court releases the def endant on the defendant’s 
own recognizance and a new cost hearing date is 
provided. 
 
5. The provisions for issuing a separate summons described in 
subsection G of this section shall not apply to a municipal court if 
the municipal court has previously provided actual personal notice 
to the defendant of an opportunity for a cost hearing. If such 
notice was given and the defendant fails to appear, the municipal 
court may issue either a cost cite and release warrant or a cost 
arrest warrant. 
 
6. All warrants for failure to appear at a cost hearing or for 
failure to pay court financial obligations which have been issued 
prior to the effective date of this act and which remain unserved , 
shall be treated as cost cite and release warrants. All warrant 
fees assessed for warrants for failure to appear at a cost hearing 
or for failure to pay court financial obligations issued prior to 
the effective date of this act shall remain in effect unless w aived 
by the court. 
 
I.  Supporting documents in a motion or affidavit for relief 
from court financial obligation debt or any documents taken into 
evidence during a cost hearing or willfulness hearing shall not be 
viewable by the public on a court-controlled website. 
 
J. 1. After a cost hearing whe re a defendant is found guilty 
of an offense in any court of this sta te may be imprisoned for 
nonpayment of the fine, cost, fee, or assessme nt when the trial able 
to pay a court financial obligation, either in w hole or in part, and 
then becomes delinquent in that payment, a court finds after notice 
and may conduct a willful ness hearing that the defendant is 
financially able but refuses or negl ects to pay the fine, cost, fee, 
or assessment.  A sentence to pay a fi ne, cost, fee, or assessment 
may be converted into a jail sentence only after a hearing and a 
judicial determinati on, memorialized of record, that the defendant 
is able to satisfy the f ine, cost, fee, or assessment by payment, 
but refuses or neglects so to do. 
 
B.  After a judicial determination that the defendant is able to 
pay the fine, cost, fee, or assessment in in stallments, the court 
may order the fine, cost, fee, or assessment to b e paid in 
installments and shall set the amount and date for each inst allment 
at any time beginning immediately afte r a cost hearing has been held 
and a decision rendered on the court f inancial obligations .   ENR. H. B. NO. 2259 	Page 14 
Findings of a defendant ’s prior ability to pay m ay be considered as 
evidence of ability to pay or willfulness at the h earing.  The 
requirements of this paragraph sh all not be construed to prohibit 
the court from holding subsequent co st hearings on the same court 
financial obligations. 
 
2.  At a willfulness hearing, the court shall evaluate the 
following: 
 
a. whether a cost hearing has been held previously where 
evidence relating to ability to pay was presented and 
the court found the de fendant was able to pay the 
court financial obligations, either in whole or in 
part, 
 
b. whether there is any new evidence of ability to pay 
not previously considered or a change in circumstances 
since the cost hearing, 
 
c. whether the defendant was afforded sufficient time and 
opportunity to fulfill the obligation to pay the court 
financial obligations, 
 
d. whether the defendant made any efforts to satisfy the 
court financial obligations, and 
 
e. whether there are any other relevant facts or 
circumstances. 
 
3.  After a finding of willful failure to pay court financial 
obligations, the court may impose a jail sentence pursuant to 
Section 101 of Title 28 of the Oklahoma Statutes.  A jail sentence 
may be imposed only under the following circumstances: 
 
a. the hearing is conducted on the record pursuant to the 
rules promulgated by the Court of Criminal Appeals, 
and 
 
b. the defendant is represented by counsel or expressly 
waives his or her right to counsel. 
 
4. If a jail sentence is imposed, the court may grant credit 
for any time already served.  At any time after incarceration, the 
jail sentence may be satisfied upon payment in full of the 
outstanding balance with credit for any time already served.  ENR. H. B. NO. 2259 	Page 15 
 
C. K. In addition, the district court or municipal court, 
within one hundred twenty (120) days from the date upon which the 
person was originally ordered to make payment, and if the court 
finds and memorializes into the record that the defendant is 
financially able but willfully refuses to pay the court financial 
obligations, or an installment due, may send notice of nonpayment of 
any court ordered court-ordered fine and costs for a moving traffic 
violation to the Department of Public Safety Service Oklahoma with a 
recommendation of suspension of driving privileges of the de fendant 
until the total amount of any fine and costs court financial 
obligation has been paid.  Upon receipt of payment of the tot al 
amount of the fine and costs court financial obligati ons for the 
moving traffic violation, the court shall send notice ther eof to the 
Department Service Oklahoma, if a nonpayment notice was sent as 
provided for in this subsection.  Notices sent to the Department 
Service Oklahoma shall be on forms or by a met hod approved by the 
Department Service Oklahoma. 
 
L.  Every county of this state shall fully utilize and 
participate in the court cost compliance program. Cases shall be 
referred to the court cost compliance program no more than sixty 
(60) days after the court has ordered the r eferral pursuant to 
paragraph 4 of subsection G of this section, unless the defendant 
pays the amount owed on the court financial obligation or an 
installment due. When the court refers a case, the updated contact 
information on file shall be forwarded to a court cost compliance 
liaison for collection purposes. 
 
D. M.  The Court of Criminal Appeals shall implement procedur es 
and rules for methods of establishing payment plans of fines, costs, 
fees, and assessments b y indigents, which for implementation of the 
requirements of this section.  Such procedures and, rules shall be 
distributed to all district courts and municipal courts, and any 
supplemental forms may be made available by the Administrative 
Office of the Courts. 
 
SECTION 4.    AMENDATORY   28 O.S. 2021, Section 101, is 
amended to read as follows: 
 
Section 101. The fees herein provided for the cl erk of the 
district court and the sheriff, as provided in this act section, and 
all costs in the prosecution of al l criminal actions shall, in case 
of conviction of the defendant, be adjudged a part of the penalty of 
the offense of which the defendant may be convicted, whether the  ENR. H. B. NO. 2259 	Page 16 
punishment for such offense be either imprisonment, or fine, or 
both, and fixed either b y the verdict of the jury, or judgment of 
the court, trying the case, and if the defendant shall refuse to pay 
the fine, fees or costs court financial obligations, the payment of 
such fees and costs, in addition to the payment of the fine 
assessed, shall be enforced by imprisonment until the same shall be 
satisfied at a rate of Twenty-five Dollars ($25.00) up to One 
Hundred Dollars ($100.00) per day of such fees and costs, or fine, 
or both, or shall be satisfied at a rate of Fifty Dollars ($50.00) 
up to Two Hundred Dollars ($200.00) per day of such fees and costs, 
or fine, or both, should the defendant perform useful labor.  If the 
defendant is without means to pay the fine, fees or costs, the total 
amount owed shall may be entered upon the as a judgment docket and 
thereupon the same remedies shall be available for the enforcement 
of said the judgment as are available to any other judgment 
creditor. 
 
The term “all costs in the prosecution of all crimi nal actions”, 
as used in this section, shall include only the following taxable 
items: 
 
1.  Court clerk’s costs and fees authorized by statute; 
 
2.  Sheriff’s fees; 
 
3.  Fees and mileage of witnes ses; and 
 
4.  Cost deposits in the appellate court, whether on appeal, in 
an original proceeding or in any postconviction cha llenge, if waived 
on the basis of a pauper’s affidavit all court financial obligations 
as defined in Section 983 of Title 22 of the Oklahoma Statutes. 
 
SECTION 5.     REPEALER    Sections 2, 3, 4, 5, and 6, Chapter 
350, O.S.L. 2022, are hereby repealed. 
 
SECTION 6.  This act shall become effective November 1, 2023. 
 
  ENR. H. B. NO. 2259 	Page 17 
Passed the House of Representatives the 10th day of May, 2023. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 26th day of April, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
 
 
 	_________________________________ 
 	Governor of the State of Oklahom a 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this __________ 
day of ___________________, 20_______, at _______ o'clock _______ M. 
By: _________________________________