OK
Oklahoma House Bill HB2833

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2833 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (2023)
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3232 HOUSE BILL 2833 By: Deck
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3838 AS INTRODUCED
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4040 An Act relating to driver licenses; amen ding 22 O.S.
4141 2021, Section 983, as amended by Se ction 5, Chapter
4242 350, O.S.L. 2022 (22 O.S. Supp. 20 22, Section 983),
4343 which relates to imprisonment or recommendation of
4444 suspension of driving privileges for failure to pay
4545 fines, costs, fees or assessments; removing
4646 requirements for suspension of driver licenses for
4747 certain nonpayment; amending 47 O.S. 2021, Section 6-
4848 206, as amended by S ection 69, Chapter 282, O.S.L.
4949 2022 (47 O.S. Supp. 2022, Section 6 -206), which
5050 relates to authority to suspend driver licenses;
5151 deleting requirement to suspend driver license for
5252 certain nonpayment; and providing an effecti ve date.
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5858 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5959 SECTION 1. AMENDATORY 22 O.S. 2021, Section 983, as
6060 amended by Section 5, Chapter 350, O.S.L. 2022 (22 O.S. Supp. 2022,
6161 Section 983), is amended to read as follows:
6262 Section 983. A. 1. Except in cases provided for in Section
6363 983b of this title, when the judgment and sentence of a court,
6464 either in whole or in part, imposes fines , costs, fees, or
6565 assessments upon a defendant, the court at the time of sentencing
6666 shall require the defendant to complete under oath a form
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9393 promulgated by the Court of Crim inal Appeals that provides current
9494 information regarding the financial ability of the defendant to pay.
9595 2. The information to be required on the for m shall include,
9696 but not be limited to, the individual and household income and
9797 living expenses of the defendant, excluding child support and any
9898 monies received from a federal or state gov ernment need-based or
9999 disability assistance program , the number of dependents, a listing
100100 of assets, excluding assets exempt from bankruptcy , child support
101101 obligations, health, mental or behavioral health conditions that
102102 diminish the ability of the d efendant to pay restitution, and
103103 additional court-related expenses to be p aid by the defendant.
104104 3. For purposes of this section, fines, costs, fees, and
105105 assessments shall include all financia l obligations imposed by the
106106 court or required by law to be paid, excl uding restitution or
107107 payments to be made other than to the court cle rk, and shall be
108108 referred to as financial obligations.
109109 B. 1. The court shall order the defendant to appear
110110 immediately after sentencing at the office of the court clerk who
111111 shall inform the defendant of the total amount of all financial
112112 obligations that have been ordered by the court. If the defendant
113113 states to the court clerk that he or she is unable to pay the
114114 financial obligations immediately, the court clerk, based on the
115115 verified information provided by the defendant, shall establish,
116116 subject to approval of the court, a monthly installment plan that
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143143 will cause the financial obligations to be satisfied within no mo re
144144 than seventy-two (72) months, unless extended by the cou rt.
145145 2. The court clerk shall advise the defendant orally and by
146146 delivery of a form promulgated by the Court of Criminal Appeals,
147147 that:
148148 a. it is the obligation of the defendant to keep the
149149 court clerk informed of the contact information of the
150150 defendant until the financial obligations have been
151151 paid. Such information shall include th e current
152152 mailing and physical addresses of the defendant,
153153 telephone or cellular phone number of the defendant,
154154 and the email address where the defendant may receive
155155 notice from the court,
156156 b. if the defendant is unable to pay the financial
157157 obligations ordered by the court immediately or in the
158158 installments recommended by the court clerk, the
159159 defendant may request a co st hearing for the court to
160160 determine the ability of the defendant to pay the
161161 amount due and to request modification of the
162162 installment plan, a reduction in the amount owed, or
163163 waiver of payment of the amount owed , and
164164 c. upon any subsequent change in cir cumstances affecting
165165 the ability of the defendant to pay, the defendant may
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192192 contact the court clerk and request addit ional cost
193193 hearings before the court.
194194 3. An order shall be filed in the case with the approval or
195195 disapproval by the court of the payment plan. If the court does not
196196 approve the payment plan recommended by the court clerk, the court
197197 shall enter its order esta blishing the payment plan. The defendant
198198 shall be notified by certified mail or personal service of the order
199199 entered by the court and shall be given the opportunity for a cost
200200 hearing.
201201 4. The district court for each county and all municipal courts
202202 shall set a regular time and courtroom for cost hearings.
203203 C. If the defendant requests a cost hearing, the court clerk
204204 shall set the hearing no later than six ty (60) days after
205205 sentencing. In determining the ability of the defendant to pay, the
206206 court shall rely on th e verified information sub mitted by the
207207 defendant on the form promulgated by the Court of Criminal Appeals
208208 and any updates to the information. In addition, the court may make
209209 inquiry of the defen dant and consider any other evidence or
210210 testimony concerning the ability of the defend ant to pay.
211211 D. 1. If at the initial cost hearing or any subsequent cost
212212 hearing, the court determines that the defenda nt is unable to
213213 immediately pay the financial obl igations or the required
214214 installments, the court may reduce the amount of the installme nts,
215215 extend the payment plan beyond seventy-two (72) months, or waive
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242242 payment of all or part of the amount owed. The court may include a
243243 financial incentive for acceler ated payment. Additionally, the
244244 court may order community service in lieu of payment . The defendant
245245 shall receive credit for no less than two times the amount of the
246246 minimum wage specified pursuant to stat e law for each hour of
247247 community service.
248248 2. If at any time due to a change in conditions the defendant
249249 is unable to pay the fina ncial obligations ordered by the court or
250250 any installment, the defendant may request an additional co st
251251 hearing.
252252 E. If the court determines that a waiver of any of the
253253 financial obligations is warranted, the court shall equally apply
254254 the same percentage reducti on to all fines, costs, fees, and
255255 assessments, excluding restitution.
256256 F. 1. If a defendant is delinquent in the paym ent of financial
257257 obligations or an installment by more than sixty (60) days, the
258258 court clerk shall notify the court which shall, within te n (10) days
259259 thereafter, set a cost hearing for the court to determine if the
260260 defendant is able to pay. The hearing shall be set on a date tha t
261261 will allow the court clerk to issue a summons fourteen (14) days
262262 prior to the cost hearing.
263263 2. No less than fourteen (14) days prior to the cost hearing,
264264 the court clerk shall issue one summons to the defendant to be
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291291 served by United States mail to the mailing ad dress of the defendant
292292 on file in the case, substantial ly as follows:
293293 SUMMONS
294294 You are ORDERED to appear for a cost hearing at a specified time,
295295 place, and date to determine if you are financi ally able but
296296 willfully refuse or neglect to pay the fines, co sts, fees, or
297297 assessments or an installment due in Case No .__________.
298298 You must be present at the hearing.
299299 At any time before the date of the cost hearing, you may contact the
300300 court clerk and pay the fines, costs, fees, or assessments or any
301301 installment due.
302302 THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for
303303 the cost hearing or to make the payme nt, the court will issue a
304304 WARRANT for "FAILURE TO APPEAR—COST HEARING" and refer the case to a
305305 court cost compliance liaison which will cause an additio nal thirty
306306 percent (30%) administrative fee to be added to the amount owed.
307307 3. If the defendant fails to appear at the cost hearing or pay
308308 the amount due the court shall issue a warrant for FAILURE TO
309309 APPEAR—COST HEARING and refer the case to the court cost compliance
310310 program as provided in subsection K of this section.
311311 4. Municipal courts, in lieu of mai ling the summons provided
312312 for in this subsection, may give the defendant personal notice at
313313 the time of sentencing of a specific date, time, and place, not less
314314 than sixty (60) nor more than one hundred twenty (120) days from the
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341341 date of sentencing to appear for a cost hearing if the fines, costs,
342342 fees, and assessments remain unpaid.
343343 G. If a defendant is found by a law enforcement officer to have
344344 an outstanding warrant for FAILURE TO APPEAR—COST HEARING, the law
345345 enforcement officer shall release the defendant and issue a citation
346346 to appear pursuant to Section 209 of this title . If the defendant
347347 fails to appear at the time and place cited by the law enforcement
348348 officer, the court may issue a summons or warra nt as provided in
349349 Section 209 of this title. The provisions of this subsection shall
350350 not apply to a municipal court if the municip al court has previously
351351 provided personal service to the defendant of an opportunity for a
352352 cost hearing.
353353 H. In determining whether th e defendant is able to pay
354354 delinquent financial obligations or any installments due, the court
355355 shall consider the criter ia provided in subse ction C of this
356356 section.
357357 I. Any defendant found guilty of an offense in any court of
358358 this state may be imprisoned for nonpayment of his or her financial
359359 obligations when the court finds after notice and hearing that the
360360 defendant is financially able but willfully refuses or neglects to
361361 pay the financial obligations owed. A sentence to pay a fine, cost,
362362 fee, or assessment may be converted into a jail sentence only after
363363 a hearing and a judicial determination, memorializ ed of record, that
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390390 the defendant is able to satisfy the fine, cost, fee, or assessmen t
391391 by payment, but refuses or neglects so to do.
392392 J. In addition, the district court or municipal court, within
393393 one hundred twenty (120) days from the date upon which the person
394394 was originally ordered to make payment, and if the court finds and
395395 memorializes into the record that the defendant is financially able
396396 but willfully refuses to or neglects to pay the fi nes, costs, fees,
397397 or assessments, or an installment due, may send notice of nonpayment
398398 of any court ordered fine and cost s for a moving traffic violation
399399 to the Department of Public Safety with a recommendation of
400400 suspension of driving pri vileges of the defendant until the total
401401 amount of any fine and costs has been paid. Upon receipt of payment
402402 of the total amount of the f ine and costs for the m oving traffic
403403 violation, the court shall send notice thereof to the Department, if
404404 a nonpayment notice was sent as provided for in this subsection.
405405 Notices sent to the Department shall be on forms or by a method
406406 approved by the Depa rtment.
407407 K. All counties of the state shall fully utilize and
408408 participate in the court cost compliance program. Cases shall be
409409 referred to the court cost compliance program not less than thirty
410410 (30) days nor more than sixty (60) days after the defenda nt fails to
411411 appear for a cost hearing unless the defendant pays the amount owed
412412 on the financial obligation , or an installment due. When the court
413413 refers the case, the updated contact information on file shall be
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440440 forwarded to a court cost compliance liaison for collection
441441 purposes.
442442 L. K. The Court of Criminal Appeals shall implement procedure s,
443443 forms, and rules consistent with the provisions of this section for
444444 methods of establishing payment plans of fines, costs, fees, and
445445 assessments by indigents, whic h procedures, forms, and rules shall
446446 be distributed to all distr ict courts and municipal c ourts by the
447447 Administrative Office of the Courts.
448448 SECTION 2. AMENDATORY 47 O.S. 2021, Section 6 -206, as
449449 amended by Section 69, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
450450 Section 6-206), is amended to read as follows:
451451 Section 6-206. A. Whenever any person is convicted or pleads
452452 guilty in any court having jurisdiction over offenses committed
453453 under Section 1-101 et seq. of this title, or any other act o r
454454 municipal ordinance or act or ordinance of another state regulating
455455 the operation of motor vehicles on highways, such court shall make
456456 immediate report to Service Oklahoma setting forth the name of the
457457 offender, the number of the driver license and the penalty imposed.
458458 Said report shall be submitted by the judge or the clerk of the
459459 court upon forms furnished or approved by Service Oklahoma.
460460 B. Service Oklahoma, upon receipt of said report or upon
461461 receipt of a report of a conviction in another state relating to the
462462 operation of a motor vehicle, may in its discretion suspend the
463463 driving privilege of such person for such period of time as in its
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490490 judgment is justified, subject to the limitations provided in this
491491 title or any other act or municipal ordinance regulating the
492492 operation of motor vehicles on highways. Any action taken by
493493 Service Oklahoma shall be in addition to the penalty imposed by the
494494 court subject to the limitations outlined by statute.
495495 C. Service Oklahoma, upon receipt of a report of a conviction
496496 in another state relating to the operation of a motor vehicle, may
497497 in its discretion suspend the driving privilege of such person. Any
498498 action taken by Service Oklahoma shall not exceed the penalty
499499 imposed by a court or Service Oklahoma in the State of Oklahoma for
500500 a violation substantially similar to the conviction in the other
501501 jurisdiction which did not result in a revocation of Oklahoma
502502 driving privileges.
503503 D. Following receipt of a notice of any nonpayment of fine and
504504 costs for a moving traffic violation with a recommendation of
505505 suspension of driving privileges of a defendant from any court
506506 within this state, as provided for in Section 983 of Title 22 of the
507507 Oklahoma Statutes, Service Oklahoma shall suspend the driving
508508 privilege of the named person no earlier than one hundred eighty
509509 (180) days after giving notice as provided in Section 2-116 of this
510510 title. A person whose license is subject to suspension pursuant to
511511 this section may avoid the effective date of the suspension or, if
512512 suspended, shall be eligible for reinstatement, if otherwise
513513 eligible, upon:
514514
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540540 1. Making application to Service Oklahoma;
541541 2. Showing proof of payment of the total amount of the fine and
542542 cost or a release from the court or court clerk; and
543543 3. Submitting the processing and reinstatement fees, as
544544 provided for in Section 6-212 of this title.
545545 Provided, however, in cases of hardship, as determined by the
546546 court, or proof of enrollment in a federal or state government
547547 assistance program, including, but not limited to, Social Security
548548 or the Supplemental Nutrition Assistance Program, th e person shall
549549 be placed on a payment plan by the court, and the court shall send a
550550 release to Service Oklahoma for reinstatement purposes. The court
551551 may submit another suspension request pursuant to this section if
552552 the person fails to hono r the payment plan and it is fo und that the
553553 person is financially able but willfully refuses or neglects to
554554 honor the payment plan. In such case, Service Oklahoma shall again
555555 suspend the person's driving privilege for nonpayment of fine and
556556 costs for the same moving traf fic violation. Upon reinstatement
557557 after suspension for nonpayment of fine and costs for a moving
558558 traffic violation Service Oklahoma may remove such record of
559559 suspension from the person's driving record and retain an internal
560560 record for audit purposes . A court within this state may order
561561 Service Oklahoma to waive any requirement that fines and costs be
562562 satisfied by a person prior to that person being eligible for a
563563 provisional license provided under Sec tion 6-212 of this title.
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590590 E. Upon the receipt of a r ecord of conviction for eluding or
591591 attempting to elude a peace officer, Service Oklahoma shall suspend
592592 the driving privilege of the person:
593593 1. For the first conviction as in dicated on the driving r ecord
594594 of the person, for a period of six (6) months;
595595 2. For the second conviction as indicated on the driving record
596596 of the person, for a period of one (1) year. Such period shall not
597597 be modified; and
598598 3. For the third or subseque nt conviction as indicat ed on the
599599 driving record of the person, for a period of three (3) years. Such
600600 period shall not be modified.
601601 F. E. Any person whose driving privilege is so suspended under
602602 the provisions of this section shall have the right of appeal, as
603603 provided in Section 6-211 of this title.
604604 SECTION 3. This act shall become effective November 1, 2023.
605605
606606 59-1-7072 JBH 01/19/23