HB2259 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2259 By: Sterling
COMMITTEE SUBSTITUTE
An Act relating to court financial obligations;
amending 19 O.S. 2021, Section s 514.4 and 514.5, as
amended by Sections 2 and 3, Chapter 350, O.S.L. 2022
(19 O.S. Supp. 2022, Section s 514.4 and 514.5), which
relate to the court cost compliance pro gram and
warrants; updating effective and references to
warrants; directing court cost compliance liaisons to
inform individuals of cost hearings; modify ing down
payment requirement; providing for the r ecall of
cost-related warrants under cert ain circumstances;
amending 22 O.S. 2021, Section 209, as amended by
Section 4, Chapter 350, O.S.L. 2022 (22 O.S. Supp.
2022, Section 209), which relates to citations to
appear; deleting circumstance that authoriz es the
issuance of a certain citation; amending 22 O.S.
2021, Section 983, as amended by Sec tion 5, Chapter
350, O.S.L. 2022 (22 O.S. Supp. 202 2, Section 983),
which relates to the imposition of fines, costs,
fees, and assessments; authorizing courts to
determine whether a defendant has the ability to pay
court financial obligations; deleting re quirement to
complete certain form; defining terms; removing list
of information required on certain form; providing
for hardship waivers under certain circumstances;
establishing list of factors to be considered by the
court when determining the ability to pay;
prohibiting the consideration of certain income or
assets; providing list of circumstances that makes
defendants eligible for relief; directing courts to
inform defendants of total court financial
obligations owed at time of sentencing; deleting
HB2259 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
certain reporting procedures; requiring defendants to
appear after sentencin g to provide certain
information to the court; providing consequences for
failure to report; establishing terms for payment of
court financial oblig ations; allowing defendants to
request cost hearings; requiring district and
municipal courts to provide cost hearings upon
request; providing procedures for reque sting cost
hearings; providing for th e issuance of certain
warrants for failing to appear at requested cost
hearing; authorizing courts to rely on testimony,
documents and other in formation when determining
ability to pay; allowing courts to order conditions
for payment; providing for the issuance of warrants
when defendant fails to comply with payment plan
terms; establishing guidelines to determine
delinquency; directing court clerks to periodically
review cases for delinquency; providing procedures to
address delinquent cases; providing clarification in
summons form; stating procedures for referrals to the
court cost compliance program; allowing m unicipal
courts to deliver summons in person; directing law
enforcement officers to issue Warning/Notices ;
prohibiting law enforcement of ficers to take
defendants into custody on cost warrants; providing
procedures for informing department st aff members
about issuing Warning/Notices; allowing for the
issuance of warrants electronically; establishing
procedures for court clerks to follow after
defendants report to their office; providing for the
issuance of certain warrant when def endants fail to
report; stating procedures for cost hearings or
willfulness hearings; making procedures concerning
the issuance of separate summo nses inapplicable to
municipal courts not of recor d under certain
circumstances; providing guidelines for municipal
courts not of record; requiring previously issued
failure to appear warrants be treated as cost cite
and release warrants; making warrant fees previously
assessed to remain in effect unless waived;
prohibiting supporting documents from being publicly
viewable; deleting requirement that nonpayment of
fines be converted into jail sentence; authorizing
courts to conduct willfulness hearings; providing
procedures; allowing courts to evaluate certain
information; providing for jail sentences under
certain circumstances; requiring certain notices be
HB2259 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
sent to Service Oklahoma; providing internal
statutory reference; making certain procedures, rules
and forms be available by the Administrative Office
of the Courts; amending 28 O.S. 2021, Section 101,
which relates to fees and costs in criminal cases;
increasing certain jail rates related to fees and
costs; modifying scope of certain definition; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 19 O.S. 2021, Section 514.4, as
amended by Section 2, Ch apter 350, O.S.L. 2022 (19 O.S. Supp. 2022,
Section 514.4), is amended to read as follows:
Section 514.4 A. 1. Effective July November 1, 2023, there is
hereby 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, and
assessments associated with cases 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 may contract with a
statewide association of county sheriffs to administer contract s
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 of their o utstanding
misdemeanor or failure-to-pay cost-related warrants, and recover and
maintain accounts relating to past due fi nes, fees, costs, and
HB2259 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
assessments. County sheriffs contracting with a statewide
association of county sheriffs for the administration of third -party
contracts may assign their rights and duties regarding these third-
party contracts to the association.
B. A person may make payment directl y to the court or court
cost compliance liaison as allowed by law, or the 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, pursuant 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 recognized credit or a debit card, or other
generally accepted payment form . Any payment collected and received
by the court cost compliance liaison shall be paid to the court
clerk of the court that issued the warran t within fifteen (15) days
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 co st 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 funds shall
have all insufficient fund charges incurred added to the out standing
balance of the defendant. If a credit card payment taken by a court
HB2259 HFLR Page 5
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 process until paid . The court clerk shall
add any additional fees for the reversal of the t ransaction plus the
administration fees to the outstanding balance of the defendan t.
Court cost compliance liaisons shall inform individuals of their
right to a cost hearing, as provided in Section 983 of Title 22 o f
the Oklahoma Statutes.
C. As provided for by this section, a person may pay in lieu of
appearance before the court and such payment accepted 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 la w and
shall function as a written, dated, and signed plea form accep table
to the court. Such payment shall serve 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 only upon receipt
of all sums due pursuant to said warrant including the misdemeanor
or failure-to-pay cost-related warrant, scheduled fine or sum due,
all associated fees, costs and statutory penalty assessments, and
the administrative cost pursuant to Section 514.5 of t his title, or
HB2259 HFLR Page 6
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
with a down payment of a minimum of One Hundred Dollars ($100.00)
and a mutually agreeable monthly payment plan. A single down
payment shall be sufficient to recall all cost -related warrants
against a defendant pending in a si ngle jurisdiction.
E. The provisions of any contract ente red into by a county
sheriff shall be administered by a statewide association o f 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 pursuan t to the State and Municipal
Traffic Bail Bond Procedure Act;
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, as
amended by Section 3, Chapter 350, O.S.L. 2022 (19 O.S. Supp. 2022,
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 court cost compliance liaison
pursuant to Section 514.4 of this tit le shall include the addition
HB2259 HFLR Page 7
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of an administrative cost of thirty percent (30%) of the outstanding
misdemeanor or failure-to-pay cost-related warrant, scheduled fine
or sum due, and all associated fees, costs an d statutory penalty
assessments. This administrative cost shall not be waived or
reduced unless the amount owed is waived or reduced by the court.
B. The administrative c ost reflected in subsection A of this
section shall be distributed to the court cost compliance liaison, a
portion of which may be used to compensate the statewide association
administrating the contract.
C. The monies collected and disbursed shall be audited at least
once per year by a firm approved by the State Auditor and Inspector .
SECTION 3. AMENDATORY 22 O.S. 2021, Section 209, as
amended by Section 4, Chapter 350, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 209), is amended to read as follows:
Section 209. A. A law enforcement officer who has arrested a
person on a misdemeanor charge or violation of an ordinance, without
a warrant, or who has found a person to have an outstanding warrant
for failure to appear for a cost hearing as provided in subsection G
of Section 983 of this title, may issue a citation to such person to
appear in court.
B. In issuing a citation hereunder the off icer shall proceed as
follows:
1. The officer shall prepare a written citation to appear in
court, containing the name and address of the cited person and the
HB2259 HFLR Page 8
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
offense charged, and stating when the per son shall appear in court.
The time specified in the c itation to appear shall be at least five
(5) days after the issuance of the citation;
2. One copy of the citation to appear shall be delivered to the
person cited, and such person shall sign a duplicate wri tten
citation which shall be retained by the offi cer;
3. The officer shall thereupon release t he cited person from
any custody; and
4. As soon as practicable, the officer shall file one copy of
the citation with the court specified therein and shall del iver one
copy to the prosecuting attorney.
C. In any case in which the judicial officer finds sufficient
grounds for issuing a warrant, the judicial officer may issue a
summons commanding the defendant to appear in lieu of a warrant.
D. If a person summoned fails to appear in resp onse to the
summons, a warrant for his or her arrest shall issue, and any person
who willfully fails to appear in response to a summons is guilty of
a misdemeanor; provided, however, any charges or warrant for failure
to appear shall be dismissed if the pe rson can show the court that
the person was incarcerated or otherwise detained by law enforcement
at the time of the failure to appear .
SECTION 4. AMENDATORY 22 O.S. 2021, Section 983, as
amended by Section 5, Chapter 350, O.S.L. 2022 (22 O.S. Supp. 202 2,
Section 983), is amended to read as follows:
HB2259 HFLR Page 9
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 983. A. 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 fines, costs, fees, or
assessments court financial obligations upon a defendant, the court
at the time of sentencing shall require the defend ant to complete
under oath a form promulgated by the Court of Crim inal Appeals that
provides current information regarding the financial ability of the
defendant to pay may immediately, or at any point thereaf ter until
the debt is either paid or waived , determine the ability of a
defendant to pay the court financial obligations . Courts may make
such evaluations and decisions 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 i mpact the sentence imposed .
2. The information to be required on the for m shall include,
but not be limited to, t he When used in this section, unless the
context otherwise requires:
a. "court financial obligations" 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,
b. "cost hearing" means a hearing wherein the court
determines ability of a defendant to pay court
financial obligations. Once a cost hearing date has
HB2259 HFLR Page 10
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
been set, all court financial obligations must be
suspended until the cost hearing has b een held,
c. "willfulness hearing" means a hearing wherein the
court determines whether a defendant who has
previously been found to have the ability to pay court
financial obligations has willfully failed to pay the
debt,
d. "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,
e. "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 ,
f. "cost arrest warrant" means a warrant authorizing
arrest that is issued by a court under the following
circumstances:
(1) failure to comply with the terms of a court
financial obligations payment plan,
(2) failure to appear at a co st hearing or
willfulness hearing; or
HB2259 HFLR Page 11
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(3) 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,
g. "cost cite and release warrant" means a warrant issued
by a court authorizing citation and release under the
following circumstances:
(1) failure to comply with terms of a court financial
obligations payment plan , or
(2) failure to appear at a co st hearing or
willfulness hearing.
3. 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.
4. In determining the ability of a defendant to pay, the court
shall consider the following factors :
a. individual and household income and,
b. household living expenses of the defendant, excluding,
c. number of dependents,
d. assets,
e. child support and obligations,
f. physical or mental hea lth conditions that diminish the
ability to generate income or manage resources,
HB2259 HFLR Page 12
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
g. additional case-related expenses to be paid by the
defendant,
h. any other factors relevant to the ability of the
defendant to pay.
5. 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 federa l or, state, or
tribal government need-based or disability assistance
program, the number of dependents, a listing of
assets, excluding or
c. assets exempt from bankruptcy, child support
obligations, health, mental or behavioral health
conditions that diminish the ability o f the defendant
to pay restitution, and additional court -related
expenses to be paid by the defendant.
3. For purposes of this section, fines , costs, fees, and
assessments shall include all financial obligations imposed by the
court or required by law to be paid, excluding restitution or
payments to be made other than to the court cle rk, and shall be
referred to as financia l obligations.
6. Defendants in the following circumstances are presumed
unable to pay and eligible for relief under paragraph 3 of this
subsection:
HB2259 HFLR Page 13
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 income, Supplemental Security income, or
tribal disability benefit s,
b. receives support from the Oklahoma Temporary
Assistance for Needy Families program, Supplemental
Nutrition Assistance Program, the 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 Department of
Housing and Urban Development , or other state, local ,
or federal government housing subsidy program,
d. has been homeless, as defined in Section 2900.1 of
Title 74 of the Oklahoma Statutes, for at least six
(6) of the previous twelve (12) months, or
e. total income is below one hundred fifty percent (150%)
of the federal poverty level.
B. 1. The At the time of a plea or sentencing, the court shall
order inform the defendant to appear immediately after sentencing at
the office of the court clerk who shall inform the defendant of the
total amount of all finan cial obligations that have been ordered by
HB2259 HFLR Page 14
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the court. If the defendant states to the court clerk that he or
she is of the total court financial obli gations owed, the
consequences of failing to pay the court financial obligations, an d
that the defendant may request a cost hearing if at any time he or
she is unable to pay the court financial obligations immediately,
the court clerk, based on the verified information provided by the
defendant, shall establish, subject to app roval of, at which point
the court, a monthly installment plan that will cause the financial
obligations to be satisfied within no mo re than seventy-two (72)
months, unless extended by may waive all or part of the debt owed.
If the total court financial obligations o wed 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 clerk shall advise the defendant orally and by
delivery of a form promulgated by the Court of Cri minal Appeals,
that:
a. it is the obligation of the defendant to keep order
the defendant to appear immediately after sent encing
at the office of the court clerk informed of the to
provide current contact information of the defendant
until the financial obligations have been paid. Such
information shall in clude the current mailing and
HB2259 HFLR Page 15
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
physical addresses of the defendant, telephone or
cellular phone number of the defendant , and the email
address where the defendant may receive notice from
the court,
b. if the defendant is unable to pay the financial
obligations ordered by the court immediately or in the
installments recommended by the court clerk, the
defendant may request a cost hearing for the court to
determine the ability of the defendant to pay the
amount due and to request modification of the
installment plan, a reduction in the amount owed, or
waiver of payment of the amount owed , and
c. upon any subsequent change in circumstances affecting
the ability of the defendant to pay, the defendant may
contact the court clerk and request addit ional cost
hearings before the court 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 ninety (90) days from the date of the plea or
sentencing in district courts or thirty (30) days from
the date of the plea or sentencing in municipal
courts.
HB2259 HFLR Page 16
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. An order shall be filed in the case with the approval or
disapproval by the court of the payment plan. If the court does not
approve the payment p lan recommended by the court clerk, the court
shall enter its order esta blishing the payment plan. The 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 circ umstances affecting the ability of a
defendant to pay, a defendant shall be notified by certified mail or
personal service of the order entered by the court and shall be
given the opportunity for 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 set a regular time and courtroom for provide a cost hearings
hearing for any defendant who requests one, either by esta blishing a
dedicated docket or on an as-requested basis. Defendants who
request a cost hearing will receive a summons by personal service or
mail to appear in court as required by subsection F 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 collected from the
defendant as a consequence of either requesting a cost hearing or
the issuing of a cost cite and release warrant.
HB2259 HFLR Page 17
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. If the defendant requests a cost hearin g, the court clerk
shall set the hearing no later than six ty (60) days after
sentencing. In determining the ability of the defendant to pay
court-related obligations, the court shall may rely on the verified
testimony, relevant document s, and any information submitted by the
defendant on the form provided by the defendant using a cost
hearing affidavit promulgated by the Court of Criminal Ap peals and
any updates to the information. In addition, the court may make
inquiry of the defendant and consider any other evidence or
testimony concerning the ability of the defendant to pay.
D. 1. If at the initial cost hearing or any subsequent cost
hearing, the court determines that the defendant is unable able to
immediately pay some or all of the court financial obligations or
the required installments, the court may reduce the amount of the
installments, extend the payment plan beyond seventy-two (72)
months, or waive payment of all or part of the amount owed. The,
the court may include a order any of the following conditions for
payment:
a. payment in full,
b. payment in installments,
c. temporary suspension of payment for a fixed period of
time,
HB2259 HFLR Page 18
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
d. financial incentive for accelerated payment.
Additionally, the court may order under a set of
conditions determined by the court, or
e. community service in lieu of payment . The; provided,
the defendant shall receive credit for n o less than
two times the amount of the minimum wage specified
pursuant to state law for each hour of community
service.
2. If at any time due to a change in conditions the Any
defendant is unable to pay the fina ncial obligations ordered by the
court or any installment, the defendant who fails to comply with the
terms of the payment plan or dered by the court shall be considered
delinquent and the court may request an additional co st hearing
issue either a cost cite and release warrant or a cost arrest
warrant.
E. If the court determines that a waiver of any of the
financial obligations is warranted, the court shall equally apply
the same percentage reduction to a ll fines, costs, fees, and
assessments, excluding restitution.
F. 1. If a A defendant is considered delinquent in the payment
of court financial obligations or an installment by more than sixty
(60) days, the under the following ci rcumstances:
a. when the total amount due has not been paid by the due
date, or
HB2259 HFLR Page 19
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
b. when no installment payments have b een received in the
most recent ninety (90) day period.
2. The court clerk shall notify the court which shall, within
ten (10) days thereafter, set a cost hearing for 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 co st hearing for the court to
determine if the defendant is a ble to pay. The cost hearing shall
be set on a date that will allow the court clerk to issue a 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 i ssue a
summons fourteen (14) days prior to the cost hearing. Defendants
shall incur no additional fees associated with the issuance of the
summons.
2. 3. No less than 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 ad dress of the
defendant on file in the case, substa ntially as follows:
SUMMONS
You are ORDERED to appear for a cost hearing COST HEARING at a
specified time, place, and date to determine i f you are financially
able but willfully refuse or neglect to pay the fines, co sts, fees,
or assessments or an installment due in Case No.__________.
HB2259 HFLR Page 20
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
You must be present at the hearing. 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 fines, costs, fees, or assessments amount
due or any installment due request in writing or in person prior to
the court date, that the hearing be rescheduled for no later than
thirty (30) days after the scheduled time .
THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for
the cost hearing or to make the payment pay the amount due, the
court will issue a WARRANT for "FAILURE TO APPEAR—COST HEARING" and
may refer the case to a court cost compliance liaison which will
cause an additional thirty percent (30%) administrative fee to be
added to the amount owed, and may include additional costs imposed
by the court.
3. If the defendant fails to appear at
4. Referrals to the court cost hearing or pay the amount due
the court shall issue a warrant for FAILURE TO APPEAR —COST HEARING
and refer the case to the court cost compliance program as provided
in subsection K of this section shall be made as follows:
a. courts shall refer a case to the cour t cost compliance
program upon the issuance of a cost arrest warrant,
b. courts may refer a case to the court cost com pliance
program upon the issuance of a cost cite and release
warrant, or
HB2259 HFLR Page 21
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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.
4. 5. Municipal courts, in lieu of maili ng the summons provided
for in this subsection, may give the defendant personal notice
summons to the defendant in person at the time of sentencing or
subsequent appearance of a specific date, time, and place, not less
than sixty (60) days nor more than one hundred twenty (120) days
from the date of sentencing to appear for a cost hearing if the
fines, costs, fees, and assessments court financial obligations
remain unpaid.
G. 1. If a defendant is found by a law enforcement officer to
have an outstanding cost cite and release warrant for FAILURE TO
APPEAR—COST HEARING, the law enforcement officer shall release the
defendant and issue a citation to appear pursuant to Section 209 of
this title Warning/Notice ordering the defendant to report within
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. The law enforcement officer shall not take the def endant into
custody at this time, a nd no other law enforcement officer who
encounters the defendant during this ten-day period may take the
defendant into custody on the warrant. The l aw enforcement officer
shall inform the appropriate department staff member within the
HB2259 HFLR Page 22
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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. Th is electronic communication shall be
treated as a duplicate original for all purposes in any subsequent
hearings before the appropriate court.
2. If the defendant fails to appear at the time and place cited
by the law enforcement officer, the court may issue a summons or
warrant as provided in Section 209 of this title. The provisions of
this subsection shall not apply to a municipal court reports to the
office of the court clerk within the ten (10) d ays, 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) da ys, 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 o r willfulness hearing, as
the court deems appropriate, within seventy -two (72) hours unless:
HB2259 HFLR Page 23
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. the defendant pays One Hundred Dollars ($100 .00)
toward the court financial obligation, is released
from custody, and the new cost hearing date is
provided, or
b. the court releases the def endant on the defendant 's
own recognizance and a new cost hearing dat e is
provided.
5. The provisions for issuing a separate summons describe d in
subsection F of this section shall not apply to a municipal court
not of record if the municipal court has previously provided actual
personal service 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 not of record may issue either a cost
cite and release warrant or a cost arrest warrant.
6. All warrants for failure to appear at a cost he aring 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 waived
by the court.
H. In determining whether th e defendant is able to pay
delinquent Supporting documents in a motion or affidavit for relief
HB2259 HFLR Page 24
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
from court financial obligations obligation debt or any installments
due, the court shall consider the criter ia provided in subse ction C
of this section documents taken into evidence during a cos t hearing
or willfulness hearing shall not be publicly viewable o n a court-
controlled website.
I. Any 1. After a cost hearing where a defendant has been
found guilty of an offense in any court of this state may be
imprisoned for nonpayment of his or her able to pay a court
financial obligations when the obligation, either in whole or in
part, and then becomes delinquent in that payment, a court finds
after notice and may conduct a willfulness hearing that the
defendant is financially able but willfully refuses or neglects to
pay at any time beginning immediately after a cost hearing has been
held and a decision rendered on the court financial obligations
owed. A sentence to pay a fine, cost, fee, or ass essment may be
converted into a jail sentence only after a hearing and a judicial
determination, memorialized of record, that the defendant is able to
satisfy the fine, cost, fee, or assessment by payment, but refuses
or neglects so to do obligation at issue, and after sufficient
notice to the defendant of t he hearing. Findings of a defendant's
prior ability to pay may be considered as evidence of abil ity to pay
or willfulness at the hearing. This provision shall not be
interpreted to prohibit the ability of the court to hold subsequent
cost hearings on the same court financial obligations.
HB2259 HFLR Page 25
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 defendant was able t o pay the
court financial obligations, either in whole or in
part,
b. whether there is any new evide nce of ability to pay
not previously considered or a change in circumstances
since the cost hearing,
c. whether the defendant was afforded sufficient time a nd
opportunity to fulfill the obligation to pay the court
financial obligations,
d. whether the defendant made any efforts to s atisfy 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 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
HB2259 HFLR Page 26
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 inca rceration, the
jail sentence may be satisfied upon payment in ful l of the
outstanding balance with cr edit for any time already served.
J. 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 or neglects to pay the fines, costs, fees,
or assessments court financial obligations, or an installment due,
may send notice of nonpayment of any court-ordered fine and cost s
for a moving traffic violation to the Department of Public Safety
Service Oklahoma with a recommendation of suspension of driving
privileges of the defendant until the total amount of any fine and
costs has been paid. Upon receipt of payment of the total amount of
the fine and costs court financial obligations for the moving
traffic violation, the court shall send notice thereof 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 method approved by the
Department Service Oklahoma.
HB2259 HFLR Page 27
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
K. All counties of the state shall fully utilize and
participate in the court cost compliance program. Cases shall be
referred to the court cost compliance program not less than thirty
(30) days nor no more than sixty (60) days after the defendant fails
to appear for a cost hearing court has ordered the referral pursua nt
to paragraph 4 of subsection F of this section, unless the defendant
pays the amount owed on the court financial obligation, or an
installment due. When the court refers the case, the updated
contact information on file shall be forwarded to a court cost
compliance liaison for collection purposes.
L. The Court of Criminal Appeals shall implement procedure s,
forms, and rules consistent with the provisions of this section for
methods of establishing payment p lans of fines, costs, fees, and
assessments by indigents, which. Such procedures, forms, and rules
shall be distributed to all district courts and municipal c ourts,
and any supplemental forms may be made available by the
Administrative Office of the Courts.
SECTION 5. AMENDATORY 28 O.S. 2021, Section 101, is
amended to read as follows:
Section 101. The fees herein provided for the clerk of the
district court and the sheriff, as provided in this act, and all
costs in the prosecution of al l criminal actions shall, in case of
conviction of the defend ant, be adjudged a part of the penalty of
the offense of which the defendant may be convicted, whether the
HB2259 HFLR Page 28
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 u ntil 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 sh all be available for the enforcement
of said judgment as are available to any other judgment creditor.
The term "all costs in the prosecution of all criminal 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 challenge, if waived
HB2259 HFLR Page 29
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
on the basis of a pau per's affidavit all court financial obligations
as defined in Section 983 of Title 22 of the Oklahoma Statutes.
SECTION 6. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
03/02/2023 - DO PASS, As Amended.