Oklahoma 2024 Regular Session

Oklahoma House Bill HB2259 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 2259 By: Sterling, Goodwin, and
4		-	Pittman of the House
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	28	+	ENGROSSED SENATE AMENDMENT
	29	+	TO
	30	+	ENGROSSED HOUSE
	31	+	BILL NO. 2259 By: Sterling and Goodwin of the
	32	+	House
5	33
6	34		and
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8	36		Howard of the Senate
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14		-
15		-	An Act relating to court financial obligations;
	42	+	[ court financial obligations - court cost compliance
	43	+	program and warrants - court cost compliance liaisons
	44	+	- cost hearings - down payment requirement -
	45	+	citations to appear – defendant's ability to pay
	46	+	court financial obligations - hardship waivers -
	47	+	reporting procedures - terms for payment of court
	48	+	financial obligations - guidelines to determine
	49	+	delinquency - summons form - referrals to the court
	50	+	cost compliance program - supporting documents -
	51	+	willfulness hearings - jail sentences - jail rates
	52	+	related to fees and costs - effective date ]
	53	+
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	57	+	AUTHOR: Add the following House Coauthor: Pittman
	58	+
	59	+	AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
	60	+	and entire bill and insert
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	89	+	“An Act relating to court financial obligations;
16	90		amending 19 O.S. 2021, Sections 514.4 and 514.5,
17	91		which relate to outstanding warrants and
18	92		administrative costs; establishing court cost
19	93		compliance program; stating purpose of program;
20	94		authorizing assistance o f court cost compliance
21	95		liaisons; modifying requirements for certain
22	96		payments; establishing procedures for payments in
23	97		cases referred to court cost compliance liaison;
24	98		requiring reversal o f transaction upon certain
25	99		notification; authorizing addition of cer tain fees;
26	100		requiring court cost compliance liaison to provide
27	101		certain information; modifying procedures for release
28	102		or recall of certain warrants; conforming language;
29	103		authorizing certain waiver or reduction; amending 22
30	104		O.S. 2021, Section 983, which relat es to failure to
31	105		pay fines, costs, fees, or assessments; defining
32	106		terms; authorizing court to make determination of
33	107		defendant’s ability to pay; authorizing hardship
34	108		waiver of court financi al obligations under certain
35	109		circumstances; requiring court to consi der certain
36	110		factors when making determination of ability to pay;
37	111		prohibiting consideration of certain amounts as
38	112		income; establishing presumptions of inability to
39	113		pay; requiring court to p rovide certain information
40	114		to defendant; requiring immediate appeara nce after
41	115		sentencing by defendant to court clerk for certain
42	116		purposes; stating consequence of certain failure to
43	117		appear; authorizing certain payment terms for court
44	118		financial obligations; authorizing defendant to
45	119		request cost hearing; establishing procedur es and
46		-	requirements for cost hearing; authorizing court to ~~ENR. H. B. NO. 2259 Page 2~~
	120	+	requirements for cost hearing; authorizing court to
47	121		rely on certain testimony and documentation for
48	122		making certain determination; requiring promulgation
49	123		of certain affidavit by Cour t of Criminal Appeals;
50	124		authorizing certain conditions of payment by
51	125		defendant able to pay; authorizing issuance of
52	126		certain warrants; directing percentage of reduction
53	127		of certain court financial obligations; establishing
54	128		requirements and procedures for cert ain delinquency;
55	129		specifying form of certain summons; directing
56	130		referrals to court cost compliance program;
57	131		establishing procedures for outstanding cost cite and
58	132		release warrants; requiring law enforcement officer
59	133		to issue certain warning; establishing proc edures for
60	134		issuance of certain warning; requiring certain
61	135		actions by court clerk upon reporting of defendant;
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62	162		authorizing issuance of cost arrest warrant for
63	163		failure to report; requiring court to conduct cost
64	164		hearing or willfulness hearing under certain
65	165		circumstances; providing exception to certain summons
66	166		requirement; stating effect of provisions on certain
67	167		warrants; providing for confidentiality of certain
68	168		supporting documents; authorizing willfulness hearing
69	169		under certain circumstances; construing provis ions;
70	170		requiring certain evaluations by court at willfulness
71	171		hearing; authorizing court to impose jail sentence
72	172		under certain circumstances; authorizing granting of
73	173		certain credit upon imposition of jail sentence;
74	174		modifying requirements for certain notice t o Service
75	175		Oklahoma; requiring county participation in court
76	176		cost compliance program; requiring case referrals
77	177		within certain time period; modifying requirements
78	178		for certain procedures and rules; amending 28 O.S.
79	179		2021, Section 101, which relates to fees and costs in
80	180		criminal cases; conforming language; increasing daily
81	181		rates for imprisonment for satisfaction of court
82	182		financial obligations; modifying definition;
83	183		repealing Sections 2, 3, 4, 5, and 6, Chapter 350,
84	184		O.S.L. 2022, which relate to court financial
85	185		obligations; and providing an effective date.
86	186
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90		-	SUBJECT: Court financial obligations
91		-	ENR. H. B. NO. 2259 Page 3
92	190		BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
93		-
94	191		SECTION 1. AMENDATORY 19 O.S. 2021, Section 514.4, is
95	192		amended to read as follows:
96		-
97		-	Section 514.4 A. Notwithstanding any other section of law, the
98		-	county 1. Effective November 1, 2023, there is her eby established a
99		-	court cost compliance program. The purpose of the program shall be
100		-	to assist county sheriffs and the courts of this state with the
101		-	collection of fines, costs, fees, a nd assessments associated with
102		-	any case in which a warrant has been issued and the case has been
103		-	referred to the court cost compliance program pursuant to Section
104		-	983 of Title 22 of the Oklahoma Statutes.
105		-
	193	+	Section 514.4. A. Notwithstanding any other section of law,
	194	+	the county 1. Effective November 1, 2023, there is her eby
	195	+	established a court cost compliance program. The purpose of the
	196	+	program shall be to assist cou nty sheriffs and the courts of this
	197	+	state with the collection of fines, costs, fees, a nd assessments
	198	+	associated with any case in which a warrant has been issued and the
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	225	+	case has been referred to the court cost compliance program pursuant
	226	+	to Section 983 of Title 22 of the Oklahoma Statutes.
106	227		2. County sheriffs of any Oklahoma county in this state may
107	228		contract with a statewide association of county sheriffs to
108	229		administer contracts with third parties who shall be known as court
109	230		cost compliance liaisons. The court cost compl iance liaison may
110	231		assist with attempting to locate and notify persons o f their
111	232		outstanding misdemeanor or failure-to-pay cost-related warrants and
112	233		recover and maintain accounts relating to past due fines, fees,
113	234		costs, and assessments. County sheriffs cont racting with a
114	235		statewide association of county sheriffs for the adminis tration of
115	236		third-party contracts may assign their rights and duties regarding
116	237		these contracts to the association.
117		-
118	238		B. A person may make payment directly to the court, as allowed
119	239		by law, or the contractor court cost compliance liaison, as allowed,
120	240		shall be authorized to accept payment on misdemeanor or failure-to-
121	241		pay cost-related warrants on all cases referred p ursuant to Section
122	242		983 of Title 22 of the Oklahoma Statutes by various means including,
123	243		but not limited to, payment by phone, mail, or Internet, and in any
124	244		payment form including, but not limited to, personal, cashier’s,
125	245		traveler’s, certified, or guaranteed bank check, postal or
126	246		commercial money order, nationally recognized credit o r a debit
127	247		card, or other generally accepted payment form. Any payment
128	248		collected and received by the contractor court cost compliance
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129	275		liaison shall be paid to the court clerk of the court that issued
130	276		the warrant within fifteen (15) days to the court clerk of the
131	277		entity that issued the outstanding misdemeanor or failure -to-pay
132	278		warrant after receipt of the payment and proof of funds . Any
133	279		payment collected and received by the court, where the court has
134	280		referred the case to a court cost compliance liaison, shall be
135	281		reported to the court cost compliance liaison within four (4) days
136		-	of receipt of the payment. Any payment returned due to insufficient ~~ENR. H. B. NO. 2259 Page 4~~
	282	+	of receipt of the payment. Any payment returned due to insufficient
137	283		funds shall have all insufficient fund charges incurred added to the
138	284		outstanding balance of the defendant. If a credit card payment
139	285		taken by a court cost compliance liaison is determined to be a
140	286		fraudulent use of the credit card by the payor and the payment is
141	287		reversed by the credit card company or payor’s bank, the court clerk
142	288		shall reverse the transaction upon notification, return the payment
143	289		to the court cost compliance liaison, and the court cost compliance
144	290		liaison shall continue the collection p rocess until paid. The court
145	291		clerk shall add any a dditional fees for the reversal of the
146	292		transaction plus the administration fees to the outstanding balance
147	293		of the defendant. Court cost compliance liaisons shall inform
148	294		individuals of their right to a cos t hearing as provided in Section
149	295		983 of Title 22 of the Oklahoma Statutes.
150		-
151	296		C. As provided for by this section, a person may pay in lieu of
152	297		appearance before the court and such payment accept ed by the court
153	298		shall constitute a finding of guilty guilt as though a plea of nolo
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154	325		contendere had been entered by the defendant as allowed by law and
155	326		shall function as a written, dated , and signed plea form acceptable
156	327		to the court. Such payment shall ser ve as a written waiver of a
157	328		jury trial.
158		-
159	329		D. The court shall release or recall the outstanding
160	330		misdemeanor or failure-to-pay cost-related warrant upon receipt of
161	331		all sums due pursuant to said the warrant including the misdemeanor
162	332		or failure-to-pay cost-related warrant, scheduled fine or sum due,
163	333		all associated fees, costs and statutory penalty assessme nts, and
164	334		the administrative cost pursuant to Section 514.5 of this title , or
165	335		with a mutually agreeable monthly payment plan and a down payment
166	336		set at the discretion of the court at an amount no less than One
167	337		Hundred Dollars ($100.00). A single down payment shall be
168	338		sufficient to recall all cost -related warrants agai nst a defendant
169	339		pending in a single jurisdiction.
170		-
171	340		E. The provisions of any contract entered into by a county
172	341		sheriff shall be administered by a statewide association of county
173	342		sheriffs in Oklahoma.
174		-
175	343		F. The provisions of this section and Section 514.5 of this
176	344		title shall be applica ble to:
177		-
178	345		1. Any misdemeanor or failure-to-pay cost-related warrant
179	346		issued pursuant to Section 983 of Title 22 of the Oklahoma Statutes
180	347		or relating to any proceeding pursuant to the State and Municip al
181		-	Traffic, Water Safety, and Wildl ife Bail Bond Procedure Act; ENR. H. B. NO. 2259 Page 5
	348	+	Traffic, Water Safety, and Wildlife Bail Bond Procedure Act;
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182	374
183	375		2. Any misdemeanor or failure-to-pay cost-related warrant
184	376		issued that allows a defendant to resolve the matter by payment in
185	377		lieu of a personal appearance in court; and
186		-
187	378		3. Any failure-to-pay cost-related warrant issued in a criminal
188	379		case.
189		-
190	380		SECTION 2. AMENDATORY 19 O.S. 2021, Section 514.5 , is
191	381		amended to read as follows:
192		-
193		-	Section 514.5 A. Misdemeanor or failure-to-pay cost-related
	382	+	Section 514.5. A. Misdemeanor or failure-to-pay cost-related
194	383		warrants or cases referred to the third-party contractor court cost
195	384		compliance liaison pursuant to Section 514.4 of this title shall
196	385		include the addition of an admin istrative cost of thirty percent
197	386		(30%) of the outstanding misdem eanor or failure-to-pay cost-related
198	387		warrant, scheduled fine or sum due, and all associated fees, costs
199	388		and statutory penalty assessments. This administrative cost shall
200	389		not be waived or reduced except unless the amount owed is waived or
201	390		reduced or by order of the court upon good cause.
202		-
203	391		B. The administrative cost reflected in su bsection A of this
204	392		section, when collected, shall be distributed to the third-party
205	393		contractor court cost compliance liaison, a portion of which may be
206	394		used to compensate the statewide association administrati ng the
207	395		contract.
208		-
209	396		C. The monies collected and disbursed shall be audited at least
210	397		once a year by a firm approved by the State Auditor and Inspector.
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212	424		SECTION 3. AMENDATORY 22 O.S. 2021, Section 983, is
213	425		amended to read as follows:
214		-
215	426		Section 983. A. Any As used in this section, unless the
216	427		context otherwise requires:
217		-
218	428		1. “Cost arrest warrant” means a warrant authorizing arrest
219	429		that is issued by a court under the following circumstances:
220		-
221	430		a. failure to comply with the terms of a court financial
222	431		obligations payment plan,
223		-
224	432		b. failure to appear at a co st hearing or willfulness
225	433		hearing, or
226		-	ENR. H. B. NO. 2259 Page 6
227	434		c. failure to appear at the office of the court clerk of
228	435		the county in which the court financial obligation is
229	436		owed within ten (10) days of being cited by a law
230	437		enforcement officer to appear;
231		-
232	438		2. “Cost cite and release warrant” means a warrant issued by a
233	439		court authorizing citation and release under the following
234	440		circumstances:
235		-
236	441		a. failure to comply with terms of a court financial
237	442		obligations payment plan , or
238		-
239	443		b. failure to appear at a co st hearing or willfulness
240	444		hearing;
241		-
242	445		3. “Cost hearing” means a hearing in which the court determines
243	446		the ability of a defendant to pay court financial obligations. Once
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244	473		a cost hearing date has b een set, all court financial obligations
245	474		shall be suspended until the cost hearing has b een held;
246		-
247	475		4. “Court financial obligation” means all financial obligations
248	476		including fines, costs, fees, and assessments, imposed by the court
249	477		or required by law to be paid, excluding restitution or payments to
250	478		be made other than to t he court clerk;
251		-
252	479		5. “Payment-in-full” means a court financial payment term that
253	480		requires the defendant to pay the full amount of court financial
254	481		obligations owed within ninety (90) days of a plea or sentence in
255	482		the district court or within thirty (30) days of a plea or sentence
256	483		in the municipal court;
257		-
258	484		6. “Payment-in-installments” means payment terms for court
259	485		financial obligations that require the defendant to make monthly
260	486		payments in any amount until the amount owed is fully paid ; and
261		-
262	487		7. “Willfulness hearing” means a hearing in which the court
263	488		determines whether a defendant who has previously been found to have
264	489		the ability to pay co urt financial obligations has willfully failed
265	490		to pay the debt.
266		-
267	491		B. 1. Except in cases provided for in Section 983b of this
268	492		title, when the judgment and sentence of a court, either in whole or
269	493		in part, imposes court financial obligations upon a defendant, the
270	494		court at the time of sentencing may immediately, or at any point
271		-	thereafter until the debt is either paid or waived , determine the ~~ENR. H. B. NO. 2259 Page 7~~
	495	+	thereafter until the debt is either paid or waived , determine the
272	496		ability of a defendant to pay the court financial obligations. The
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273	523		court may make such determinations at a cost hearing or upon written
274	524		motion or affidavit by the defendant. The ability of a defendant to
275	525		pay court financial obligations may not impact the sentence imposed .
276		-
277	526		2. Defendants with court financial obligations who are found by
278	527		the court to be unable to pay, in whole or in part, shall be
279	528		relieved of the debt by the court through a hardship waiver of the
280	529		court financial obligations, either in whole or in part.
281		-
282	530		3. In determining the ability of a defendant to pay, the court
283	531		shall consider the following factors:
284		-
285	532		a. individual and household income,
286		-
287	533		b. household living expenses,
288		-
289	534		c. number of dependents,
290		-
291	535		d. assets,
292		-
293	536		e. child support obligations,
294		-
295	537		f. physical or mental hea lth conditions that diminish the
296	538		ability to generate income or manage resources,
297		-
298	539		g. additional case-related expenses to be paid by the
299	540		defendant, and
300		-
301	541		h. any other factors relevant to the ability of the
302	542		defendant to pay.
303		-
304	543		4. In determining the ability of a defendant to pay, the
305	544		following shall not be considered as income or assets:
306		-
307	545		a. child support income,
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309	572		b. any monies received from a federal, state, or tribal
310	573		government need-based or disability assistance
311	574		program, or
312		-
313	575		c. assets exempt from bankruptcy.
314		-	ENR. H. B. NO. 2259 Page 8
315	576		5. Defendants in the following circumstances are presumed
316	577		unable to pay and eligible for relief under paragr aph 2 of this
317	578		subsection:
318		-
319	579		a. designated as totally disabled by any federal, state,
320	580		or tribal disability services pr ogram including but
321	581		not limited to military disability, Social Security
322	582		Disability Insurance, Supplemental Security Income, or
323	583		tribal disability benefits,
324		-
325	584		b. receives support from the Temporary Assistance for
326	585		Needy Families program, Supplemental Nutrition
327	586		Assistance Program, the Special Supplemental Nutrition
328	587		Program for Women, Infants, and Children nutrition
329	588		education and supplemental food program, or any other
330	589		federal need-based financial support,
331		-
332	590		c. receives subsidized housing support through the
333	591		Housing Choice Voucher program, the United States
334	592		Department of Housing and Urban Development, or other
335	593		state, local, or federal government housing subsidy
336	594		program, or
337	595
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338	621		d. total income is below one hundred fifty percent (150%)
339	622		of the federal poverty level.
340		-
341	623		C. 1. At the time of a plea or sentencing, the court shall
342	624		inform the defendant of the total court financial obli gations owed,
343	625		the consequences of failing to pay the court financial obligations,
344	626		and that the defendant may request a cost hearing if at any time he
345	627		or she is unable to pay the court financial obligations, at which
346	628		point the court may waive all or part of the debt owed. If the
347	629		total amount of court financial obligations owed is not available at
348	630		the time of the plea or sentencing, the court shall inform the
349	631		defendant that court financial obli gations have been incurred and
350	632		the time and location where the defendant may learn of the total
351	633		amount owed.
352		-
353	634		2. The court shall order the defendant to appear immediately
354	635		after sentencing at the office of the court clerk to provide current
355	636		contact information and to either select payment terms or request a
356	637		cost hearing. Failure to immediately report to the court clerk
357	638		shall result in the full amount of court financial obligations to be
358		-	due thirty (30) days from the date of the plea or sentencing in ~~ENR. H. B. NO. 2259 Page 9~~
	639	+	due thirty (30) days from the date of the plea or sentencing in
359	640		district courts or thirty (30) days from the date of the plea or
360	641		sentencing in municipal courts.
361		-
362	642		3. Payment of court financial obligations may be made under the
363	643		following terms:
364		-
365	644		a. payment in full, or
366	645
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	648	+	3
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367	671		b. payment in installments.
368		-
369	672		Upon any change in circumstances affecting the ability of a
370	673		defendant to pay, a defendant may request a cost hearing before the
371	674		court by contacting the court clerk.
372		-
373	675		4. The district court for each county and all municipal courts
374	676		shall provide a cost hearing for any defendant upon request, either
375	677		by establishing a dedicated docket or on an as-requested basis. A
376	678		defendant who requests a cost hearing will receive a summons by
377	679		personal service or by United States mail to appear in court as
378	680		required by subsection G of this section. If a defendant fails to
379	681		appear for a requested cost hearing, the court may issue either a
380	682		cost cite and release warrant or a cost arrest warrant. No fees
381	683		shall be assessed or collec ted from the defendant as a consequence
382	684		of either requesting a cost hearing or the issuing of a cost cite
383	685		and release warrant.
384		-
385	686		D. In determining the ability of the defendant to pay court
386	687		financial obligations, the court may rely on testimony, relevant
387	688		documents, and any information provided by the defendant using a
388	689		cost hearing affidavit promulgated by the Court of Criminal Appeals.
389	690		In addition, the court may make inquiry of t he defendant and
390	691		consider any other evidence or testimony concernin g the ability of
391	692		the defendant to pay.
392		-
393	693		E. 1. If at the initial cost hearing or any subsequent cost
394	694		hearing, the court determines that the defendant is able to pay some
	695	+
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395	721		or all of the court financial obligations, the court may order any
396	722		of the following conditions for p ayment:
397		-
398	723		a. payment in full,
399		-
400	724		b. payment in installments,
401		-
402	725		c. financial incentive under a set of conditions
403		-	determined by the court, or ENR. H. B. NO. 2259 Page 10
404		-
	726	+	determined by the court, or
405	727		d. community service in lieu of payment ; provided, the
406	728		defendant shall receive credit for no less than two
407	729		times the amount of the minimum wage specified
408	730		pursuant to state law for each hour of community
409	731		service.
410		-
411	732		2. Any defendant who fails to comply with the terms of the
412	733		payment plan ordered by the court shall be considered delinquent and
413	734		the court may issue either a cost cite and release warrant or a cost
414	735		arrest warrant.
415		-
416	736		F. If the court determines that a waiver of any of the court
417	737		financial obligations is warranted, the court shall apply the same
418	738		percentage reduction equally to all fines, costs, fees, and
419	739		assessments, excluding restitution.
420		-
421	740		G. 1. A defendant is considered delinquent in the payment of
422	741		court financial obligations under the following circumstances:
423		-
424	742		a. when the total amount due has not been paid by the due
425	743		date, or
426	744
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	769	+
427	770		b. when no installment payments ha ve been received in the
428	771		most recent ninety-day period.
429		-
430	772		2. The court clerk shall periodically review cases for
431	773		delinquency at least once every six (6) months and, upon identifying
432	774		a delinquent defendant, notify the court which shall, within ten
433	775		(10) days thereafter, set a cost hearing for the court to determine
434	776		if the defendant is able to pay. The cost hearing shall be set
435	777		within forty-five (45) days of the issuance of the summons. The
436	778		hearing shall be set on a date that shall allow the court clerk to
437	779		issue a summons fourteen (14) days prior to the cost hearing.
438	780		Defendants shall incur no additional fees associated with the
439	781		issuance of the summons.
440		-
441		-	3. At least fourteen (14) days prior to the cost hearing, the
442		-	court clerk shall issue one summons to the defendant to be served by
	782	+	3. At least (14) days prior to the cost hearing, the court
	783	+	clerk shall issue one summons to the defendant to be served by
443	784		United States mail to the mailing address of the defendant on file
444	785		in the case, substantially as follows:
445		-
446	786		SUMMONS
447		-	ENR. H. B. NO. 2259 Page 11
448	787		You are ORDERED to appear for a COST HEARING at a specified
449	788		time, place, and date to determine if you are financially able to
450	789		pay the fines, costs, fees, or assessments or an installment due in
451	790		Case No.__________.
452		-
453	791		YOU MUST BE PRESENT AT THE HEARING.
454		-
455	792		At any time before the date of the cost hearing, you may contact
456	793		the court clerk and pay the amount due or request in writing or in
	794	+
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457	820		person prior to the court date, that the hearing be rescheduled for
458	821		no later than thirty (30) da ys after the scheduled time .
459		-
460	822		THIS IS NOT AN ARREST WARRANT. However, if you fail to appear
461	823		for the cost hearing or pay the amount due, the court will issue a
462	824		WARRANT and refer the case to a court cost compliance liaison which
463	825		will cause an additio nal administrative fee of up to thirty-five
464	826		percent (35%) to be added to the amount owed and may include
465	827		additional costs imposed by the court.
466		-
467	828		4. Referrals to the court cost compliance program as provided
468	829		in subsection L of this section shall be made as follows:
469		-
470	830		a. courts shall refer a case to the court cost compliance
471	831		program upon the issuance of a cost arrest warrant,
472		-
473	832		b. courts may refer a case to the court cost compliance
474	833		program upon the issuance of a cost cite and release
475	834		warrant, or
476		-
477	835		c. courts may refer a case to the court cost compliance
478	836		program without the issuance of a warrant; provided,
479	837		the defendant is delinquent and has had sufficient
480	838		notice and opportunity to have a cost hearing.
481		-
482	839		5. A municipal court, in lieu of mailing the summons provided
483	840		for in this subsection, may give the summons to the defendant in
484	841		person at the time of sentencing or subsequent appearance of a
485	842		specific date, time, and place, not fewer than thirty (30) days nor
486	843		more than one hundred twenty (120) days from the date of sentencing
	844	+
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487	870		to appear for a cost hearing if the court financial obligations
488	871		remain unpaid.
489		-
490	872		H. 1. If a defendant is found by a law enforcement officer to
491	873		have an outstanding cost cite and release warrant, the law
492		-	enforcement officer shall issue a Warning/Notice to appear within ~~ENR. H. B. NO. 2259 Page 12~~
	874	+	enforcement officer shall issue a Warning/Notice to appear within
493	875		ten (10) days of release from detention on the warrant to the court
494	876		clerk of the court in which the court financial obligations are
495	877		owed. If the officer has the nec essary equipment, the o fficer shall
496	878		immediately transmit the Warning/Notice electronically to the court
497	879		clerk of the court in which the court financial obligations are
498	880		owed. The law enforcement officer shall not take the defendant into
499	881		custody on the cite and release warrant, and no other law
500	882		enforcement officer who encounters the defendant during this ten-day
501	883		period may take the defendant into custody on the warrant. If the
502	884		law enforcement officer is unable to transmit the Warning/Notice
503	885		electronically to the court clerk, the officer shall inform the
504	886		appropriate department staff member within the agency of the law
505	887		enforcement officer of the Warning/Notice within five (5) days. The
506	888		department staff member shall then promptly notify the law
507	889		enforcement agency in the jurisdiction that issued the warrant
508	890		electronically. The electronic communication shall be treated as a
509	891		duplicate original for all purposes in any subsequent hearings
510	892		before the appropriate court.
511	893
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512	919		2. If the defendant reports to the office of the court clerk
513	920		within the ten (10) days, the court clerk shall:
514		-
515	921		a. inform the court of the Warning/Notice to the
516	922		defendant and contact,
517		-
518	923		b. schedule a cost hearing pursuant to applicable local
519	924		court rule, and
520		-
521	925		c. submit the warrant to the court for recall pending the
522	926		cost hearing.
523		-
524	927		3. If the defendant fails to report to the office of the court
525	928		clerk within the ten (10) days, the court may issue a cost arrest
526	929		warrant for the arrest of the defendant.
527		-
528	930		4. At the hearing following the arrest for failure to appear,
529	931		the court shall condu ct a cost hearing or willfulness hearing, as
530	932		the court deems appropriate, within seventy-two (72) hours unless:
531		-
532	933		a. the defendant pays One Hundred Dollars ($10 0.00)
533	934		toward the court financial obligation, is released
534	935		from custody, and the new cost hearing date is
535	936		provided, or
536		-	ENR. H. B. NO. 2259 Page 13
537	937		b. the court releases the def endant on the defendant’s
538	938		own recognizance and a new cost hearing date is
539	939		provided.
540		-
541	940		5. The provisions for issuing a separate summons described in
542	941		subsection G of this section shall not apply to a municipal court if
543	942		the municipal court has previously provided actual personal notice
	943	+
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544	969		to the defendant of an opportunity for a cost hearing. If such
545	970		notice was given and the defendant fails to appear, the municipal
546	971		court may issue either a cost cite and release warrant or a cost
547	972		arrest warrant.
548		-
549	973		6. All warrants for failure to appear at a cost hearing or for
550	974		failure to pay court financial obligations which have been issued
551	975		prior to the effective date of this act and which remain unserved ,
552	976		shall be treated as cost cite and release warrants. All warrant
553	977		fees assessed for warrants for failure to appear at a cost hearing
554	978		or for failure to pay court financial obligations issued prior to
555	979		the effective date of this act shall remain in effect unless wai ved
556	980		by the court.
557		-
558	981		I. Supporting documents in a motion or affidavit for relief
559	982		from court financial obligation debt or any documents taken into
560	983		evidence during a cost hearing or willfulness hearing shall not be
561	984		viewable by the public on a court-controlled website.
562		-
563	985		J. 1. After a cost hearing whe re a defendant is found guilty
564	986		of an offense in any court of this sta te may be imprisoned for
565	987		nonpayment of the fine, cost, fee, or assessme nt when the trial able
566	988		to pay a court financial obligation, either in whole or in part, and
567	989		then becomes delinquent in that payment, a court finds after notice
568	990		and may conduct a willful ness hearing that the defendant is
569	991		financially able but refuses or negl ects to pay the fine, cost, fee,
570	992		or assessment. A sentence to pay a fine, cost, fee, or assessment
	993	+
	994	+	ENGR. S. A. TO ENGR. H. B. NO. 2259 Page 20 1
	995	+	2
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571	1019		may be converted into a jail sentence only after a hearing and a
572	1020		judicial determinati on, memorialized of record, that the defendant
573	1021		is able to satisfy the f ine, cost, fee, or assessment by payment,
574	1022		but refuses or neglects so to do.
575		-
576	1023		B. After a judicial determination that the defendant is able to
577	1024		pay the fine, cost, fee, or assessment in in stallments, the court
578	1025		may order the fine, cost, fee, or assessment to b e paid in
579	1026		installments and shall set the amount and date for each installme nt
580	1027		at any time beginning immediately afte r a cost hearing has been held
581		-	and a decision rendered on the court f inancial obligations . ~~ENR. H. B. NO. 2259 Page 14~~
	1028	+	and a decision rendered on the court f inancial obligations .
582	1029		Findings of a defendant ’s prior ability to pay m ay be considered as
583	1030		evidence of ability to pay or willfulness at the he aring. The
584	1031		requirements of this paragraph sh all not be construed to prohibit
585	1032		the court from holding subsequent co st hearings on the same court
586	1033		financial obligations.
587		-
588	1034		2. At a willfulness hearing, the court shall evaluate the
589	1035		following:
590		-
591	1036		a. whether a cost hearing has been held previously where
592	1037		evidence relating to ability to pay was presented and
593	1038		the court found the de fendant was able to pay the
594	1039		court financial obligations, either in whole or in
595	1040		part,
596	1041
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597	1067		b. whether there is any new evidence of ability to pay
598	1068		not previously considered or a change in circumstances
599	1069		since the cost hearing,
600		-
601	1070		c. whether the defendant was afforded sufficient time and
602	1071		opportunity to fulfill the obligation to pay the court
603	1072		financial obligations,
604		-
605	1073		d. whether the defendant made any efforts to s atisfy the
606	1074		court financial obligations, and
607		-
608	1075		e. whether there are any other relevant facts or
609	1076		circumstances.
610		-
611	1077		3. After a finding of willful failure to pay court financial
612	1078		obligations, the court may impose a jail sentence pursuant to
613	1079		Section 101 of Title 28 of the Oklahoma Statutes. A jail sentence
614	1080		may be imposed only under the following circumstances:
615		-
616	1081		a. the hearing is conducted on the record pursuant to the
617	1082		rules promulgated by the Court of Criminal Appeals,
618	1083		and
619		-
620	1084		b. the defendant is represented by counsel or expressly
621	1085		waives his or her right to counsel.
622		-
623	1086		4. If a jail sentence is imposed, the court may grant credit
624	1087		for any time already served. At any time after incarceration, the
625	1088		jail sentence may be satisfied upon payment in full of the
626		-	outstanding balance with credit for any time already served. ENR. H. B. NO. 2259 Page 15
	1089	+	outstanding balance with credit for any time already served.
	1090	+
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627	1115
628	1116		C. K. In addition, the district court or municipal court,
629	1117		within one hundred twenty (120) days from the date upon which the
630	1118		person was originally ordered to make payment, and if the court
631	1119		finds and memorializes into the record that the defendant is
632	1120		financially able but willfully refuses to pay the court financial
633	1121		obligations, or an installment due, may send notice of nonpayment of
634	1122		any court ordered court-ordered fine and costs for a moving traffic
635	1123		violation to the Department of Public Safety Service Oklahoma with a
636	1124		recommendation of suspension of driving privileges of the de fendant
637	1125		until the total amount of any fine and costs court financial
638	1126		obligation has been paid. Upon receipt of payment of the total
639	1127		amount of the fine and costs court financial obligati ons for the
640	1128		moving traffic violation, the court shall send notice ther eof to the
641	1129		Department Service Oklahoma, if a nonpayment notice was sent as
642	1130		provided for in this subsection. Notices sent to the Department
643	1131		Service Oklahoma shall be on forms or by a met hod approved by the
644	1132		Department Service Oklahoma.
645		-
646	1133		L. Every county of this state shall fully utilize and
647	1134		participate in the court cost compliance program. Cases shall be
648	1135		referred to the court cost compliance program no more than sixty
649	1136		(60) days after the court has ordered the r eferral pursuant to
650	1137		paragraph 4 of subsection G of this section, unless the defendant
651	1138		pays the amount owed on the court financial obligation or an
652	1139		installment due. When the court refers a case, the updated contact
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653	1166		information on file shall be forwarded to a court cost compliance
654	1167		liaison for collection purposes.
655		-
656	1168		D. M. The Court of Criminal Appeals shall implement procedur es
657	1169		and rules for methods of establishing payment plans of fines, costs,
658	1170		fees, and assessments b y indigents, which for implementation of the
659	1171		requirements of this section. Such procedures and, rules shall be
660	1172		distributed to all district courts and municipal courts, and any
661	1173		supplemental forms may be made available by the Administrative
662	1174		Office of the Courts.
663		-
664	1175		SECTION 4. AMENDATORY 28 O.S. 2021, Section 101, is
665	1176		amended to read as follows:
666		-
667	1177		Section 101. The fees herein provided for the cl erk of the
668	1178		district court and the sheriff, as provided in this act section, and
669	1179		all costs in the prosecution of al l criminal actions shall, in case
670	1180		of conviction of the defendant, be adjudged a part of the penalty of
671		-	the offense of which the defendant may be convicted, whether the ENR. H. B. NO. 2259 Page 16
	1181	+	the offense of which the defendant may be convicted, whether the
	1182	+	punishment for such offense be either imprisonme nt, or fine, or
	1183	+	both, and fixed either b y the verdict of the jury, or judgment of
	1184	+	the court, trying the case, and if the defendant shall refuse to pay
	1185	+	the fine, fees or costs court financial obligations, the payment of
	1186	+	such fees and costs, in addition to the payment of the fine
	1187	+	assessed, shall be enforced by imprisonment until the same shall be
	1188	+	satisfied at a rate of Twenty-five Dollars ($25.00) up to One
	1189	+	Hundred Dollars ($100.00) per day of such fees and costs, or fine,
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	1216	+	or both, or shall be satisfied at a rate of Fifty Dollars ($50.00)
	1217	+	up to Two Hundred Dollars ($200.00) per day of such fees and costs,
	1218	+	or fine, or both, should the defendant perform useful labor. If the
	1219	+	defendant is without means to pay the fine, fees or costs, the total
	1220	+	amount owed shall may be entered upon the as a judgment docket and
	1221	+	thereupon the same remedies shall be available for the enforcement
	1222	+	of said the judgment as are available to any other judgment
	1223	+	creditor.
	1224	+	The term “all costs in the prosecution of all criminal actions ”,
	1225	+	as used in this section, shall include only the following taxable
	1226	+	items:
	1227	+	1. Court clerk’s costs and fees authorized by statute;
	1228	+	2. Sheriff’s fees;
	1229	+	3. Fees and mileage of witnes ses; and
	1230	+	4. Cost deposits in the appellate court, whether on appeal, in
	1231	+	an original proceeding or in any postconviction cha llenge, if waived
	1232	+	on the basis of a pauper’s affidavit all court financial obligations
	1233	+	as defined in Section 983 of Title 22 of the Oklahoma Statutes.
	1234	+	SECTION 5. REPEALER Sections 2, 3, 4, 5, and 6, Chapter
	1235	+	350, O.S.L. 2022, are hereby repealed.
	1236	+	SECTION 6. This act shall become effective November 1, 2023.”
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	1263	+	Passed the Senate the 26th day of April, 2023.
	1264	+
	1265	+
	1266	+
	1267	+	Presiding Officer of the Senate
	1268	+
	1269	+
	1270	+	Passed the House of Representatives the ____ day of __________,
	1271	+	2023.
	1272	+
	1273	+
	1274	+
	1275	+	Presiding Officer of the House
	1276	+	of Representatives
	1277	+
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	1303	+	ENGROSSED HOUSE
	1304	+	BILL NO. 2259 By: Sterling and Goodwin of the
	1305	+	House
	1306	+
	1307	+	and
	1308	+
	1309	+	Howard of the Senate
	1310	+
	1311	+
	1312	+
	1313	+
	1314	+
	1315	+
	1316	+
	1317	+	[ court financial obligations - court cost compliance
	1318	+	program and warrants - court cost compliance
	1319	+	liaisons - cost hearings - down payment requirement
	1320	+	- citations to appear – defendant's ability to pay
	1321	+	court financial obligations - hardship waivers -
	1322	+	reporting procedures - terms for payment of court
	1323	+	financial obligations - guidelines to determine
	1324	+	delinquency - summons form - referrals to the court
	1325	+	cost compliance program - supporting documents -
	1326	+	willfulness hearings - jail sentences - jail rates
	1327	+	related to fees and costs - effective date ]
	1328	+
	1329	+
	1330	+
	1331	+
	1332	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
	1333	+	SECTION 7. AMENDATORY 19 O.S. 2021, Section 514.4, as
	1334	+	amended by Section 2, Ch apter 350, O.S.L. 2022 (19 O.S. Supp. 2022,
	1335	+	Section 514.4), is amended to read as follows:
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	1362	+	Section 514.4 A. 1. Effective July November 1, 2023, there is
	1363	+	hereby established a court cost compliance program. The purpose of
	1364	+	the program shall be to assist county sheriffs and the courts of
	1365	+	this state with the collection of fines, costs, fees, and
	1366	+	assessments associated with cases in which a warrant has been issued
	1367	+	and the case has been referred to the court cost compliance program
	1368	+	pursuant to Section 983 of Title 22 of the Oklahoma Statutes .
	1369	+	2. County sheriffs of any Oklahoma county may contract with a
	1370	+	statewide association of county sheriffs to administer contract s
	1371	+	with third parties who shall be known as court cost compliance
	1372	+	liaisons. The court cost compliance liaison may assist with
	1373	+	attempting to locate and notify persons of their o utstanding
	1374	+	misdemeanor or failure-to-pay cost-related warrants, and recover and
	1375	+	maintain accounts relating to past due fi nes, fees, costs, and
	1376	+	assessments. County sheriffs contracting with a statewide
	1377	+	association of county sheriffs for the administration of third -party
	1378	+	contracts may assign their rights and duties regarding these third-
	1379	+	party contracts to the association.
	1380	+	B. A person may make payment directl y to the court or court
	1381	+	cost compliance liaison as allowed by law, or the court cost
	1382	+	compliance liaison, as allowed, shall be authorized to accept
	1383	+	payment on misdemeanor or failure-to-pay cost-related warrants on
	1384	+	all cases referred, pursuant to Section 983 of Title 22 of the
	1385	+	Oklahoma Statutes, by various means including , but not limited to,
	1386	+
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	1412	+	payment by phone, mail, or Internet, and in any payment form
	1413	+	including, but not limited to, personal, cashier's, traveler's,
	1414	+	certified, or guaranteed bank check, postal or commercial money
	1415	+	order, nationally recognized credit or a debi t card, or other
	1416	+	generally accepted payment form . Any payment collected and received
	1417	+	by the court cost compliance liaison shall be paid to the court
	1418	+	clerk of the court that issued the warran t within fifteen (15) days
	1419	+	after receipt of the payment and proof of funds. Any payment
	1420	+	collected and received by the court, where the court has referred
	1421	+	the case to a court co st compliance liaison, shall be reported to
	1422	+	the court cost compliance liaison within four (4) days of receipt of
	1423	+	the payment. Any payment returned due to insufficient funds shall
	1424	+	have all insufficient fund charges incurred added to the out standing
	1425	+	balance of the defendant. If a credit card payment taken b y a court
	1426	+	cost compliance liaison is determined to be a fraudulent use of the
	1427	+	credit card by the payor and the payment is reversed by the credit
	1428	+	card company or payor's bank, the court clerk shall reverse the
	1429	+	transaction upon notification, return the payme nt to the court cost
	1430	+	compliance liaison, and the court cost compliance liaison shall
	1431	+	continue the collection process until paid . The court clerk shall
	1432	+	add any additional fees for the reversal of the t ransaction plus the
	1433	+	administration fees to the outstand ing balance of the defendan t.
	1434	+	Court cost compliance liaisons shall inform individuals of th eir
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	1461	+	right to a cost hearing, as provided in Section 983 of Title 22 o f
	1462	+	the Oklahoma Statutes.
	1463	+	C. As provided for by this section, a person may pay in lieu of
	1464	+	appearance before the court and such payment accepted by the court
	1465	+	shall constitute a finding of guilty guilt as though a plea of nolo
	1466	+	contendere had been entered by the defendant as allowed by la w and
	1467	+	shall function as a written, dated, and signed plea form acceptable
	1468	+	to the court. Such payment shall serve as a written waiver of a
	1469	+	jury trial.
	1470	+	D. The court shall release or recall the outstanding
	1471	+	misdemeanor or failure-to-pay cost-related warrant only upon receipt
	1472	+	of all sums due pursuant to said warrant including the misdemeanor
	1473	+	or failure-to-pay cost-related warrant, scheduled fine or sum due,
	1474	+	all associated fees, costs and statutory penalty assessments, and
	1475	+	the administrative cost pursuant to Section 514.5 of t his title, or
	1476	+	with a down payment of a minimum of One Hundred Dollars ($100.00)
	1477	+	and a mutually agreeable monthly payment plan. A single down
	1478	+	payment shall be sufficient to recall all cost -related warrants
	1479	+	against a defendant pending in a si ngle jurisdiction.
	1480	+	E. The provisions of any contract ente red into by a county
	1481	+	sheriff shall be administered by a statewide association o f county
	1482	+	sheriffs in Oklahoma.
	1483	+	F. The provisions of this section and Section 514.5 of this
	1484	+	title shall be applicable to:
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	1511	+	1. Any misdemeanor or failure-to-pay cost-related warrant
	1512	+	issued pursuant to Section 983 of Title 22 of the Oklahoma Statutes
	1513	+	or relating to any proceed ing pursuant to the State and Municipal
	1514	+	Traffic Bail Bond Procedure Act;
	1515	+	2. Any misdemeanor or failure-to-pay cost-related warrant
	1516	+	issued that allows a defendant to resolve the matter by payment in
	1517	+	lieu of a personal appearance in court ; and
	1518	+	3. Any failure-to-pay cost-related warrant issued in a criminal
	1519	+	case.
	1520	+	SECTION 8. AMENDATORY 19 O.S. 2021, Section 514.5, as
	1521	+	amended by Section 3, Chap ter 350, O.S.L. 2022 (19 O.S. Supp. 2022,
	1522	+	Section 514.5), is amended to read as follows:
	1523	+	Section 514.5 A. Misdemeanor or failure-to-pay cost-related
	1524	+	warrants or cases referred to the court cost compliance liaison
	1525	+	pursuant to Section 514.4 of this tit le shall include the addition
	1526	+	of an administrative cost of thirty percent (30%) of the outstanding
	1527	+	misdemeanor or failure-to-pay cost-related warrant, scheduled fine
	1528	+	or sum due, and all associated fees, costs an d statutory penalty
	1529	+	assessments. This administrative cost shall not be waived or
	1530	+	reduced unless the amount owed is waived or reduced by the court.
	1531	+	B. The administrative c ost reflected in subsection A of this
	1532	+	section shall be distributed to the court cost compliance liaison, a
	1533	+	portion of which may be used to compensate the statewide association
	1534	+	administrating the contract.
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	1561	+	C. The monies collected and disbursed shall be audited at least
	1562	+	once per year by a firm approved by the State Auditor and Inspector .
	1563	+	SECTION 9. AMENDATORY 22 O.S. 2021, Section 209, as
	1564	+	amended by Section 4, Chapter 350, O.S.L. 2022 (22 O.S. Supp. 20 22,
	1565	+	Section 209), is amended to read as follows:
	1566	+	Section 209. A. A law enforcement officer who has arrested a
	1567	+	person on a misdemeanor charge or violation of an ordinance, without
	1568	+	a warrant, or who has found a person to have an outstanding warrant
	1569	+	for failure to appear for a cost hearing as provided in subsection G
	1570	+	of Section 983 of this title, may issue a citation to such person to
	1571	+	appear in court.
	1572	+	B. In issuing a citation hereunder the off icer shall proceed as
	1573	+	follows:
	1574	+	1. The officer shall prepare a written citation to appear in
	1575	+	court, containing the name and address of the cited person and the
	1576	+	offense charged, and stating when the per son shall appear in court.
	1577	+	The time specified in the c itation to appear shall be at least five
	1578	+	(5) days after the issuance of the citation;
	1579	+	2. One copy of the citation to appear shall be delivered to the
	1580	+	person cited, and such person shall sign a duplicate wri tten
	1581	+	citation which shall be retained by the offi cer;
	1582	+	3. The officer shall thereupon release t he cited person from
	1583	+	any custody; and
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	1610	+	4. As soon as practicable, the officer shall file one copy of
	1611	+	the citation with the court specified therein and shall del iver one
	1612	+	copy to the prosecuting attorney.
	1613	+	C. In any case in which the judicial officer finds sufficient
	1614	+	grounds for issuing a warrant, the judicial officer may issue a
	1615	+	summons commanding the defendant to appear in lieu of a warrant.
	1616	+	D. If a person summoned fails to appear in response to the
	1617	+	summons, a warrant for his or her arrest shall issue, and any person
	1618	+	who willfully fails to appear in response to a summons is guilty of
	1619	+	a misdemeanor; provided, however, any charges or warrant for failure
	1620	+	to appear shall be dismissed if the person can show the court that
	1621	+	the person was incarcerated or otherwise detained by law enforcement
	1622	+	at the time of the failure to appear .
	1623	+	SECTION 10. AMENDATORY 22 O.S. 2021, Section 983, as
	1624	+	amended by Section 5, Chapter 350, O.S .L. 2022 (22 O.S. Supp. 202 2,
	1625	+	Section 983), is amended to read as follows:
	1626	+	Section 983. A. 1. Except in cases provided for in Section
	1627	+	983b of this title, when the judgment and sentence of a court,
	1628	+	either in whole or in part, imposes fines, costs, fees, or
	1629	+	assessments court financial obligations upon a defendant, the court
	1630	+	at the time of sentencing shall require the defend ant to complete
	1631	+	under oath a form promulgated by the Court of Crim inal Appeals that
	1632	+	provides current information regarding the financial ability of the
	1633	+	defendant to pay may immediately, or at any point thereaf ter until
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	1660	+	the debt is either paid or waived , determine the ability of a
	1661	+	defendant to pay the court financial obligations . Courts may make
	1662	+	such evaluations and decisions at a cost hearing or upon written
	1663	+	motion or affidavit by the defendant. The ability of a defendant to
	1664	+	pay court financial obligations may not i mpact the sentence imposed .
	1665	+	2. The information to be required on the for m shall include,
	1666	+	but not be limited to, t he When used in this section, unless the
	1667	+	context otherwise requires:
	1668	+	a. "court financial obligations" means all financial
	1669	+	obligations including fines, costs, fees, and
	1670	+	assessments, imposed by the court or required by law
	1671	+	to be paid, excluding restitution or payments to be
	1672	+	made other than to t he court clerk,
	1673	+	b. "cost hearing" means a hearing wherein the court
	1674	+	determines ability of a defendant to pay court
	1675	+	financial obligations. Once a cost hearing date has
	1676	+	been set, all court financial obligations must be
	1677	+	suspended until the cost hearing has b een held,
	1678	+	c. "willfulness hearing" means a hearing wherein the
	1679	+	court determines whether a defendant who has
	1680	+	previously been found to have the ability to pay court
	1681	+	financial obligations has willfully failed to pay the
	1682	+	debt,
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	1708	+
	1709	+	d. "payment-in-full" means a court financial payment term
	1710	+	that requires the defendant to pay the full amount of
	1711	+	court financial obligations owed within ninety (90)
	1712	+	days of a plea or sentence in the district court or
	1713	+	within thirty (30) days of a plea or sentence in the
	1714	+	municipal court,
	1715	+	e. "payment-in-installments" means payment terms for
	1716	+	court financial obligations that require the defendant
	1717	+	to make monthly payments in any amount until the
	1718	+	amount owed is fully paid ,
	1719	+	f. "cost arrest warrant" means a warrant authorizing
	1720	+	arrest that is issued by a court under the following
	1721	+	circumstances:
	1722	+	(1) failure to comply with the terms of a court
	1723	+	financial obligations payment plan,
	1724	+	(2) failure to appear at a co st hearing or
	1725	+	willfulness hearing, or
	1726	+	(3) failure to appear at the office of the court
	1727	+	clerk of the county in which the court financial
	1728	+	obligation is owed within ten (10) days of being
	1729	+	cited by a law enforcement officer to appear,
	1730	+	g. "cost cite and release warrant" means a warrant issued
	1731	+	by a court authorizing citation and release under the
	1732	+	following circumstances:
	1733	+
	1734	+	ENGR. H. B. NO. 2259 Page 10 1
	1735	+	2
	1736	+	3
	1737	+	4
	1738	+	5
	1739	+	6
	1740	+	7
	1741	+	8
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	1744	+	11
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	1750	+	17
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	1754	+	21
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	1756	+	23
	1757	+	24
	1758	+
	1759	+	(1) failure to comply with terms of a court financial
	1760	+	obligations payment plan , or
	1761	+	(2) failure to appear at a co st hearing or
	1762	+	willfulness hearing.
	1763	+	3. Defendants with court financial obligations who are found by
	1764	+	the court to be unable to pay , in whole or in part, shall be
	1765	+	relieved of the debt by the court through a hardship waiver of the
	1766	+	court financial obligations, either in whole or in part.
	1767	+	4. In determining the ability of a defendant to pay, the court
	1768	+	shall consider the following factors :
	1769	+	a. individual and household income and,
	1770	+	b. household living expenses of the defendant, excluding,
	1771	+	c. number of dependents,
	1772	+	d. assets,
	1773	+	e. child support and obligations,
	1774	+	f. physical or mental hea lth conditions that diminish the
	1775	+	ability to generate income or manage resources,
	1776	+	g. additional case-related expenses to be pai d by the
	1777	+	defendant,
	1778	+	h. any other factors relevant to the ability of the
	1779	+	defendant to pay.
	1780	+	5. In determining the ability of a defendant to pay, the
	1781	+	following shall not be considered as income or assets:
	1782	+	a. child support income,
	1783	+
	1784	+	ENGR. H. B. NO. 2259 Page 11 1
	1785	+	2
	1786	+	3
	1787	+	4
	1788	+	5
	1789	+	6
	1790	+	7
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	1793	+	10
	1794	+	11
	1795	+	12
	1796	+	13
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	1798	+	15
	1799	+	16
	1800	+	17
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	1803	+	20
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	1806	+	23
	1807	+	24
	1808	+
	1809	+	b. any monies received from a federal or, state, or
	1810	+	tribal government need-based or disability assistance
	1811	+	program, the number of dependents, a listing of
	1812	+	assets, excluding or
	1813	+	c. assets exempt from bankruptcy, child support
	1814	+	obligations, health, mental or behavioral health
	1815	+	conditions that diminish the ability o f the defendant
	1816	+	to pay restitution, and additional court -related
	1817	+	expenses to be paid by the defendant.
	1818	+	3. For purposes of this section, fines, costs, fees, and
	1819	+	assessments shall include all financial obligations imposed by the
	1820	+	court or required by law to be paid, excluding restitution or
	1821	+	payments to be made other than to the court cle rk, and shall be
	1822	+	referred to as financia l obligations.
	1823	+	6. Defendants in the following circumstances are presumed
	1824	+	unable to pay and eligible for reli ef under paragraph 3 of this
	1825	+	subsection:
	1826	+	a. designated as totally disabled by any federal, state,
	1827	+	or tribal disability services pr ogram including, but
	1828	+	not limited to, military disability, Social Security
	1829	+	Disability income, Supplemental Security income, or
	1830	+	tribal disability benefit s,
	1831	+	b. receives support from the Oklahoma Temporary
	1832	+	Assistance for Needy Families program, Supplemental
	1833	+
	1834	+	ENGR. H. B. NO. 2259 Page 12 1
	1835	+	2
	1836	+	3
	1837	+	4
	1838	+	5
	1839	+	6
	1840	+	7
	1841	+	8
	1842	+	9
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	1853	+	20
	1854	+	21
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	1856	+	23
	1857	+	24
	1858	+
	1859	+	Nutrition Assistance Program, the Women, Infants, and
	1860	+	Children nutrition education and supplemental food
	1861	+	program, or any other federal need-based financial
	1862	+	support,
	1863	+	c. receives subsidized housing support through the
	1864	+	Housing Choice Voucher program, the Department of
	1865	+	Housing and Urban Developm ent, or other state, local ,
	1866	+	or federal government housing subsidy program,
	1867	+	d. has been homeless, as defined in Section 2900.1 of
	1868	+	Title 74 of the Oklahoma Statutes, for at least six
	1869	+	(6) of the previous twelve (12) months, or
	1870	+	e. total income is below one hun dred fifty percent (150%)
	1871	+	of the federal poverty level.
	1872	+	B. 1. The At the time of a plea or sentencing, the court shall
	1873	+	order inform the defendant to appear immediately after sentencing at
	1874	+	the office of the court clerk who shall inform the defendant of the
	1875	+	total amount of all finan cial obligations that have been ordered by
	1876	+	the court. If the defendant states to the court clerk that he or
	1877	+	she is of the total court financial obli gations owed, the
	1878	+	consequences of failing to pay the court financial obligations, and
	1879	+	that the defendant may request a cost hearing if at any time he or
	1880	+	she is unable to pay the court financial obligations immediately,
	1881	+	the court clerk, based on the verified information provided by the
	1882	+	defendant, shall establish, subject to app roval of, at which point
	1883	+
	1884	+	ENGR. H. B. NO. 2259 Page 13 1
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	1887	+	4
	1888	+	5
	1889	+	6
	1890	+	7
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	1900	+	17
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	1907	+	24
	1908	+
	1909	+	the court, a monthly installment plan that will cause the financial
	1910	+	obligations to be satisfied within no mo re than seventy-two (72)
	1911	+	months, unless extended by may waive all or part of the debt owed.
	1912	+	If the total court financial obligatio ns owed is not available at
	1913	+	the time of the plea or sentencing, the court shall inform the
	1914	+	defendant that court financial obli gations have been incurred and
	1915	+	the time and location where the defendant may learn of the total
	1916	+	amount owed.
	1917	+	2. The court clerk shall advise the defendant orally and by
	1918	+	delivery of a form promulgated by the Court of Cri minal Appeals,
	1919	+	that:
	1920	+	a. it is the obligation of the defendant to keep order
	1921	+	the defendant to appear immediately after sent encing
	1922	+	at the office of the court clerk informed of the to
	1923	+	provide current contact information of the defendant
	1924	+	until the financial obligations have been paid. Such
	1925	+	information shall in clude the current mailing and
	1926	+	physical addresses of the defendant, telephone or
	1927	+	cellular phone number of the defen dant, and the email
	1928	+	address where the defendant may receive notice from
	1929	+	the court,
	1930	+	b. if the defendant is unable to pay the financial
	1931	+	obligations ordered by the court immediately or in the
	1932	+	installments recommended by the court clerk, the
	1933	+
	1934	+	ENGR. H. B. NO. 2259 Page 14 1
	1935	+	2
	1936	+	3
	1937	+	4
	1938	+	5
	1939	+	6
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	1941	+	8
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	1944	+	11
	1945	+	12
	1946	+	13
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	1948	+	15
	1949	+	16
	1950	+	17
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	1952	+	19
	1953	+	20
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	1956	+	23
	1957	+	24
	1958	+
	1959	+	defendant may request a cost hearing for the court to
	1960	+	determine the ability of the defendant to pay the
	1961	+	amount due and to request modification of the
	1962	+	installment plan, a reduction in the amount owed, or
	1963	+	waiver of payment of the amount owed , and
	1964	+	c. upon any subsequent change in circumstances affecting
	1965	+	the ability of the defendant to pay, the defendant may
	1966	+	contact the court clerk and request addit ional cost
	1967	+	hearings before the court and to either select payment
	1968	+	terms or request a cost hearing. Failure to
	1969	+	immediately report to the court clerk shall result in
	1970	+	the full amount of court financial obligations to be
	1971	+	due ninety (90) days from the date of the plea or
	1972	+	sentencing in district courts or thirty (30) days from
	1973	+	the date of the plea or sentencing in municipal
	1974	+	courts.
	1975	+	3. An order shall be filed in the case with the approval or
	1976	+	disapproval by the court of the payment plan. If the court does not
	1977	+	approve the payment p lan recommended by the court clerk, the court
	1978	+	shall enter its order esta blishing the payment plan. The Payment of
	1979	+	court financial obligations may be made under the following terms:
	1980	+	a. payment-in-full, or
	1981	+	b. payment-in-installments.
	1982	+
	1983	+	ENGR. H. B. NO. 2259 Page 15 1
	1984	+	2
	1985	+	3
	1986	+	4
	1987	+	5
	1988	+	6
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	1990	+	8
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	1994	+	12
	1995	+	13
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	2001	+	19
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	2005	+	23
	2006	+	24
	2007	+
	2008	+	Upon any change in circ umstances affecting the ability of a
	2009	+	defendant to pay, a defendant shall be notified by certified mail or
	2010	+	personal service of the order entered by the court and shall be
	2011	+	given the opportunity for may request a cost hearing before the
	2012	+	court by contacting the court clerk.
	2013	+	4. The district court for each county and all municipal courts
	2014	+	shall set a regular time and courtr oom for provide a cost hearings
	2015	+	hearing for any defendant who requests one, either by esta blishing a
	2016	+	dedicated docket or on an as-requested basis. Defendants who
	2017	+	request a cost hearing will receive a summons by personal service or
	2018	+	mail to appear in court as required by subsection F of this section.
	2019	+	If a defendant fails to appear for a requested cost hearing, the
	2020	+	court may issue either a cost cite and release warrant or a cost
	2021	+	arrest warrant. No fees shall be assessed or collected from the
	2022	+	defendant as a consequence of either requesting a cost hearing or
	2023	+	the issuing of a cost cite and release warrant.
	2024	+	C. If the defendant requests a cost hearin g, the court clerk
	2025	+	shall set the hearing no later than six ty (60) days after
	2026	+	sentencing. In determining the ability of the defendant to pay
	2027	+	court-related obligations, the court shall may rely on the verified
	2028	+	testimony, relevant document s, and any information submitted by the
	2029	+	defendant on the form provided by the defendant using a cost
	2030	+	hearing affidavit promulgated by the Court of Criminal Ap peals and
	2031	+	any updates to the information. In addition, the court may make
	2032	+
	2033	+	ENGR. H. B. NO. 2259 Page 16 1
	2034	+	2
	2035	+	3
	2036	+	4
	2037	+	5
	2038	+	6
	2039	+	7
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	2043	+	11
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	2055	+	23
	2056	+	24
	2057	+
	2058	+	inquiry of the defendant and consider any other evidence or
	2059	+	testimony concerning the ability of the defendant to pay.
	2060	+	D. 1. If at the initial cost hearing or any subsequent cost
	2061	+	hearing, the court determines that the defendant is unable able to
	2062	+	immediately pay some or all of the court financial obligations or
	2063	+	the required installments, the court may reduce the amount of the
	2064	+	installments, extend the payment plan beyond seventy-two (72)
	2065	+	months, or waive payment of all or part of the amount owed. The,
	2066	+	the court may include a order any of the following conditions for
	2067	+	payment:
	2068	+	a. payment in full,
	2069	+	b. payment in installments,
	2070	+	c. temporary suspension of payment fo r a fixed period of
	2071	+	time,
	2072	+	d. financial incentive for accelerated payment.
	2073	+	Additionally, the court may order under a set of
	2074	+	conditions determined by the court, or
	2075	+	e. community service in lieu of payment . The; provided,
	2076	+	the defendant shall receive credit for no less than
	2077	+	two times the amount of the minimum wage specified
	2078	+	pursuant to state law for each hour of community
	2079	+	service.
	2080	+	2. If at any time due to a change in conditions the Any
	2081	+	defendant is unable to pay the fina ncial obligations ordered by the
	2082	+
	2083	+	ENGR. H. B. NO. 2259 Page 17 1
	2084	+	2
	2085	+	3
	2086	+	4
	2087	+	5
	2088	+	6
	2089	+	7
	2090	+	8
	2091	+	9
	2092	+	10
	2093	+	11
	2094	+	12
	2095	+	13
	2096	+	14
	2097	+	15
	2098	+	16
	2099	+	17
	2100	+	18
	2101	+	19
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	2103	+	21
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	2105	+	23
	2106	+	24
	2107	+
	2108	+	court or any installment, the defendant who fails to comply with the
	2109	+	terms of the payment plan or dered by the court shall be considered
	2110	+	delinquent and the court may request an additional co st hearing
	2111	+	issue either a cost cite and release warrant or a cost arrest
	2112	+	warrant.
	2113	+	E. If the court determines that a waiver of any of the
	2114	+	financial obligations is warranted, the court shall equally apply
	2115	+	the same percentage reduction to a ll fines, costs, fees, and
	2116	+	assessments, excluding restitution.
	2117	+	F. 1. If a A defendant is considered delinquent in the payment
	2118	+	of court financial obligations or an installment by more than sixty
	2119	+	(60) days, the under the following ci rcumstances:
	2120	+	a. when the total amount due has not been paid by the due
	2121	+	date, or
	2122	+	b. when no installment payments ha ve been received in the
	2123	+	most recent ninety (90) day period.
	2124	+	2. The court clerk shall notify the court which shall, within
	2125	+	ten (10) days thereafter, set a cost hearing for periodically review
	2126	+	cases for delinquency at least once every six (6) months and, upon
	2127	+	identifying a delinquent defendant, notify the court which shall,
	2128	+	within ten (10) days th ereafter, set a cost hearing for the court to
	2129	+	determine if the defendant is a ble to pay. The cost hearing shall
	2130	+	be set on a date that will allow the court clerk to issue a within
	2131	+	forty-five (45) days of the issuance of the summons. The hearing
	2132	+
	2133	+	ENGR. H. B. NO. 2259 Page 18 1
	2134	+	2
	2135	+	3
	2136	+	4
	2137	+	5
	2138	+	6
	2139	+	7
	2140	+	8
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	2142	+	10
	2143	+	11
	2144	+	12
	2145	+	13
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	2147	+	15
	2148	+	16
	2149	+	17
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	2156	+	24
	2157	+
	2158	+	shall be set on a date that shall allow the court clerk to i ssue a
	2159	+	summons fourteen (14) days prior to the cost hearing. Defendants
	2160	+	shall incur no additional fees associated with the issuance of the
	2161	+	summons.
	2162	+	2. 3. No less than fourteen (14) days prior to the cost
	2163	+	hearing, the court clerk shall issue one summons to the defendant to
	2164	+	be served by United States mail to the mailing ad dress of the
	2165	+	defendant on file in the case, su bstantially as follows:
	2166	+	SUMMONS
	2167	+	You are ORDERED to appear for a cost hearing COST HEARING at a
	2168	+	specified time, place, and date to determine i f you are financially
	2169	+	able but willfully refuse or neglect to pay the fines, co sts, fees,
	2170	+	or assessments or an installment due in Case No.__________.
	2171	+	You must be present at the hearing. YOU MUST BE PRESENT AT THE
	2172	+	HEARING.
	2173	+	At any time before the date of the cost hearing, you may contact the
	2174	+	court clerk and pay the fines, costs, fees, or assessments amount
	2175	+	due or any installment due request in writing or in person prior to
	2176	+	the court date, that the hearing be rescheduled for no later than
	2177	+	thirty (30) days after the scheduled time .
	2178	+	THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for
	2179	+	the cost hearing or to make the payment pay the amount due, the
	2180	+	court will issue a WARRANT for "FAILURE TO APPEAR—COST HEARING" and
	2181	+	may refer the case to a court cost compliance liaison which will
	2182	+
	2183	+	ENGR. H. B. NO. 2259 Page 19 1
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	2185	+	3
	2186	+	4
	2187	+	5
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	2207	+
	2208	+	cause an additional thirty percent (30%) administrative fee to be
	2209	+	added to the amount owed, and may include additional costs imposed
	2210	+	by the court.
	2211	+	3. If the defendant fails to appear at
	2212	+	4. Referrals to the court cost hearing or pay the amount due
	2213	+	the court shall issue a warrant for FAILURE TO APPEAR —COST HEARING
	2214	+	and refer the case to th e court cost compliance program as provided
	2215	+	in subsection K of this section shall be made as follows:
	2216	+	a. courts shall refer a case to the cour t cost compliance
	2217	+	program upon the issuance of a cost arrest warrant,
	2218	+	b. courts may refer a case to the court cost compliance
	2219	+	program upon the issuance of a cost cite and release
	2220	+	warrant, or
	2221	+	c. courts may refer a case to the court cost compliance
	2222	+	program without the issuance of a warrant; provided,
	2223	+	the defendant is delinquent and has had sufficient
	2224	+	notice and opportunity to have a cost hearing.
	2225	+	4. 5. Municipal courts, in lieu of maili ng the summons provided
	2226	+	for in this subsection, may give the defendant personal notice
	2227	+	summons to the defendant in person at the time of sentencing or
	2228	+	subsequent appearance of a specific date, time, and place, not less
	2229	+	than sixty (60) days nor more than one hundred twenty (120) days
	2230	+	from the date of sentencing to appear for a cost hearing if the
	2231	+
	2232	+	ENGR. H. B. NO. 2259 Page 20 1
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	2235	+	4
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	2238	+	7
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	2240	+	9
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	2253	+	22
	2254	+	23
	2255	+	24
	2256	+
	2257	+	fines, costs, fees, and assessments court financial obligations
	2258	+	remain unpaid.
	2259	+	G. 1. If a defendant is found by a law enforcement officer to
	2260	+	have an outstanding cost cite and release warrant for FAILURE TO
	2261	+	APPEAR—COST HEARING, the law enforcement officer shall release the
	2262	+	defendant and issue a citation to appear pursuant to Section 209 of
	2263	+	this title Warning/Notice ordering the defendant to report within
	2264	+	ten (10) days of release from dete ntion on the warrant to the court
	2265	+	clerk of the court in which the court financial obligations are
	2266	+	owed. The law enforcement officer shall not take the def endant into
	2267	+	custody at this time, a nd no other law enforcement officer who
	2268	+	encounters the defendant d uring this ten-day period may take the
	2269	+	defendant into custody on the warrant. The l aw enforcement officer
	2270	+	shall inform the appropriate department staff member within the
	2271	+	agency of the law enforcement officer of the Warning/Notice within
	2272	+	five (5) days. The department staff member shall then promptly
	2273	+	notify the law enforcement agency in the jurisdiction that issued
	2274	+	the warrant electronically. Th is electronic communication shall be
	2275	+	treated as a duplicate original for all purposes in any subsequent
	2276	+	hearings before the appropriate court.
	2277	+	2. If the defendant fails to appear at the time and place cited
	2278	+	by the law enforcement officer, the court may issue a summons or
	2279	+	warrant as provided in Section 209 of this title. The provisions of
	2280	+	this subsection shall not a pply to a municipal court reports to the
	2281	+
	2282	+	ENGR. H. B. NO. 2259 Page 21 1
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	2306	+
	2307	+	office of the court clerk within the ten (10) d ays, the court clerk
	2308	+	shall:
	2309	+	a. inform the court of the Warning/Notice to the
	2310	+	defendant and contact,
	2311	+	b. schedule a cost hearing pursuant to applicable local
	2312	+	court rule, and
	2313	+	c. submit the warrant to the court for recall pending the
	2314	+	cost hearing.
	2315	+	3. If the defendant fails to report to the office of the court
	2316	+	clerk within the ten (10) days, the court may issue a cost arrest
	2317	+	warrant for the arrest of the defendant.
	2318	+	4. At the hearing following the arrest for failure to appear,
	2319	+	the court shall conduct a cost hearing o r willfulness hearing, as
	2320	+	the court deems appropriate, within seventy -two (72) hours unless:
	2321	+	a. the defendant pays One Hundred Dollars ($100 .00)
	2322	+	toward the court financial obligation, is released
	2323	+	from custody, and the new cost hearing date is
	2324	+	provided, or
	2325	+	b. the court releases the def endant on the defendant 's
	2326	+	own recognizance and a new cost hearing dat e is
	2327	+	provided.
	2328	+	5. The provisions for issuing a separate summons described in
	2329	+	subsection F of this section shall not apply to a municipal court
	2330	+	not of record if the municipal court has previously provided actual
	2331	+
	2332	+	ENGR. H. B. NO. 2259 Page 22 1
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	2356	+
	2357	+	personal service notice to the defendant of an opportunity for a
	2358	+	cost hearing. If such notice was given and the defendant fails to
	2359	+	appear, the municipal court not of record may issue either a cost
	2360	+	cite and release warrant or a cost arrest warrant.
	2361	+	6. All warrants for failure to appear at a cost he aring or for
	2362	+	failure to pay court financial obligations which have been issued
	2363	+	prior to the effective date of this act and which remain unserved ,
	2364	+	shall be treated as cost cite and release warrants. All warrant
	2365	+	fees assessed for warrants for failure to appear at a cost hearing
	2366	+	or for failure to pay court financial obligations issued prior to
	2367	+	the effective date of this act shall remain in effect unless waived
	2368	+	by the court.
	2369	+	H. In determining whether th e defendant is able to pay
	2370	+	delinquent Supporting documents in a motion or affidavit for relief
	2371	+	from court financial obligations obligation debt or any installments
	2372	+	due, the court shall consider the criter ia provided in subse ction C
	2373	+	of this section documents taken into evidence during a cost hearing
	2374	+	or willfulness hearing shall not be publicly viewable o n a court-
	2375	+	controlled website.
	2376	+	I. Any 1. After a cost hearing where a defendant has been
	2377	+	found guilty of an offense in any court of this state may be
	2378	+	imprisoned for nonpayment of his or her able to pay a court
	2379	+	financial obligations when the obligation, either in whole or in
	2380	+	part, and then becomes delinquent in that payment, a court finds
	2381	+
	2382	+	ENGR. H. B. NO. 2259 Page 23 1
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	2407	+	after notice and may conduct a willfulness hearing that the
	2408	+	defendant is financially able but willfully refuses or neglects to
	2409	+	pay at any time beginning immediately after a cost hearing has bee n
	2410	+	held and a decision rendered on the court financial obligations
	2411	+	owed. A sentence to pay a fine, cost, fee, or ass essment may be
	2412	+	converted into a jail sentence only after a hearing and a judicial
	2413	+	determination, memorialized of record, that the defendant is able to
	2414	+	satisfy the fine, cost, fee, or assessment by payment, but refuses
	2415	+	or neglects so to do obligation at issue, and after sufficient
	2416	+	notice to the defendant of the hearing. Findings of a defendant's
	2417	+	prior ability to pay may be considered as evidence of ability to pay
	2418	+	or willfulness at the hearing. This provision shall not be
	2419	+	interpreted to prohibit the ability of the court to hold subsequent
	2420	+	cost hearings on the same court financial obligations.
	2421	+	2. At a willfulness hearing, the court shall evaluate the
	2422	+	following:
	2423	+	a. whether a cost hearing has been held previously where
	2424	+	evidence relating to ability to pay was presented and
	2425	+	the court found the defendant was a ble to pay the
	2426	+	court financial obligations, either in whole or in
	2427	+	part,
	2428	+	b. whether there is any new evidence of ability to pay
	2429	+	not previously considered or a change in circumstances
	2430	+	since the cost hearing,
	2431	+
	2432	+	ENGR. H. B. NO. 2259 Page 24 1
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	2456	+
	2457	+	c. whether the defendant was afforded sufficient t ime and
	2458	+	opportunity to fulfill the obligation to pay the court
	2459	+	financial obligations,
	2460	+	d. whether the defendant made any efforts to s atisfy the
	2461	+	court financial obligations , and
	2462	+	e. whether there are any other relevant facts or
	2463	+	circumstances.
	2464	+	3. After a finding of willful failure to pay court financial
	2465	+	obligations, the court may impose a jail sentence pursuant to
	2466	+	Section 101 of Title 28 of the Oklahoma Statutes only under the
	2467	+	following circumstances:
	2468	+	a. the hearing is conducted on the record pursuant to the
	2469	+	rules promulgated by the Court of Criminal Appeals,
	2470	+	and
	2471	+	b. the defendant is represented by counsel or expressly
	2472	+	waives his or her right to counsel.
	2473	+	4. If a jail sentence is imposed, the court may grant credit
	2474	+	for any time already served. At any time after incarceration, the
	2475	+	jail sentence may be satisfied upon payment in ful l of the
	2476	+	outstanding balance with credit for any time already served.
	2477	+	J. In addition, the district court or municipal court, within
	2478	+	one hundred twenty (120) days from the date upon which the person
	2479	+	was originally ordered to make payment, and if the court finds and
	2480	+	memorializes into the record that the defendant is financially able
	2481	+
	2482	+	ENGR. H. B. NO. 2259 Page 25 1
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	2506	+
	2507	+	but willfully refuses to or neglects to pay the fines, costs, fees,
	2508	+	or assessments court financial obligations, or an installment due,
	2509	+	may send notice of nonpayment of any court-ordered fine and cost s
	2510	+	for a moving traffic violation to the Department of Public Safety
	2511	+	Service Oklahoma with a recommendation of suspension of driving
	2512	+	privileges of the defendant until the total amount of any fine and
	2513	+	costs has been paid. Upon receipt of payment of the total amount of
	2514	+	the fine and costs court financial obligations for the moving
	2515	+	traffic violation, the court shall send notice thereof to the
	2516	+	Department Service Oklahoma, if a nonpayment notice was sent as
	2517	+	provided for in this subsection. Notices sent to the Department
	2518	+	Service Oklahoma shall be on forms or by a method approved by the
	2519	+	Department Service Oklahoma.
	2520	+	K. All counties of the state shall fully utilize and
	2521	+	participate in the court cost compliance program. Cases shall be
	2522	+	referred to the court cost compliance program not less than thirty
	2523	+	(30) days nor no more than sixty (60) days after the defendant fails
	2524	+	to appear for a cost hearing court has ordered the referral p ursuant
	2525	+	to paragraph 4 of subsection F of this section, unless the defendant
	2526	+	pays the amount owed on the court financial obligation, or an
	2527	+	installment due. When the court refers the case, the updated
	2528	+	contact information on file shall be forwarded to a court cost
	2529	+	compliance liaison for collection purposes.
	2530	+
	2531	+	ENGR. H. B. NO. 2259 Page 26 1
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	2555	+
	2556	+	L. The Court of Criminal Appeals shall implement procedures,
	2557	+	forms, and rules consistent with the provisions of this section for
	2558	+	methods of establishing payment p lans of fines, costs, fees, and
	2559	+	assessments by indigents, which. Such procedures, forms, and rules
	2560	+	shall be distributed to all district courts and municipal c ourts,
	2561	+	and any supplemental forms may be made available by the
	2562	+	Administrative Office of the Courts.
	2563	+	SECTION 11. AMENDATORY 28 O.S. 2021, Section 101, is
	2564	+	amended to read as follows:
	2565	+	Section 101. The fees herein provided for the clerk of the
	2566	+	district court and the sheriff, as provided in this act, and all
	2567	+	costs in the prosecution of al l criminal actions shall, in case of
	2568	+	conviction of the defend ant, be adjudged a part of the penalty of
	2569	+	the offense of which t he defendant may be convicted, whether the
672	2570		punishment for such offense be either imprisonment, or fine, or
673	2571		both, and fixed either b y the verdict of the jury , or judgment of
674	2572		the court, trying the case, and if the defendant shall refuse to pay
675	2573		the fine, fees or costs court financial obligations , the payment of
676	2574		such fees and costs, in addition to the payment of the fine
677	2575		assessed, shall be enforced by imprisonment u ntil the same shall be
678	2576		satisfied at a rate of Twenty-five Dollars ($25.00) up to One
679	2577		Hundred Dollars ($100.00) per day of such fees and costs, or fine,
680	2578		or both, or shall be satisfied at a rate of Fifty Dollars ($50.00)
681	2579		up to Two Hundred Dollars ($200.00) per day of such fees and costs,
	2580	+
	2581	+	ENGR. H. B. NO. 2259 Page 27 1
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	2605	+
682	2606		or fine, or both, should the defendant perform useful labor. If t he
683	2607		defendant is without means to pay the fine, fees or costs, the total
684	2608		amount owed shall may be entered upon the as a judgment docket and
685	2609		thereupon the same remedi es shall be available for the enforcement
686		-	of said the judgment as are available to any other judgment
687		-	creditor.
688		-
689		-	The term “all costs in the prosecution of all crimi nal actions”,
	2610	+	of said judgment as are available to any other judgment creditor.
	2611	+	The term "all costs in the prosecution of all criminal actions ",
690	2612		as used in this section, shall include only the following taxable
691	2613		items:
692		-
693		-	1. Court clerk’s costs and fees authorized by statute;
694		-
695		-	2. Sheriff’s fees;
696		-
	2614	+	1. Court clerk's costs and fees authorized by statute;
	2615	+	2. Sheriff's fees;
697	2616		3. Fees and mileage of witnesses; and
698		-
699	2617		4. Cost deposits in the appellate court, whether on appeal, in
700	2618		an original proceeding or in any postconviction challenge, if waived
701		-	on the basis of a pauper’s affidavit all court financial obligations
	2619	+	on the basis of a pauper's affidavit all court financial obligations
702	2620		as defined in Section 983 of Title 22 of the Oklahoma Statutes.
703		-
704		-	SECTION 5. REPEALER Sections 2, 3, 4, 5, and 6, Chapter
705		-	350, O.S.L. 2022, are hereby repealed.
706		-
707		-	SECTION 6. This act shall become effective November 1, 2023.
708		-
709		-	ENR. H. B. NO. 2259 Page 17
710		-	Passed the House of Representatives the 10th day of May, 2023.
	2621	+	SECTION 12. This act shall become effective November 1, 2023.
	2622	+
	2623	+	ENGR. H. B. NO. 2259 Page 28 1
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	2647	+
	2648	+	Passed the House of Representatives the 14th day of March, 2023.
	2649	+
711	2650
712	2651
713	2652
714	2653		Presiding Officer of the House
715	2654		of Representatives
716	2655
717	2656
718		-	Passed the Senate the 26th day of April, 2023.
	2657	+
	2658	+	Passed the Senate the ___ day of __________, 2023.
	2659	+
719	2660
720	2661
721	2662
722	2663		Presiding Officer of the Senate
723	2664
724	2665
725		-	OFFICE OF THE GOVERNOR
726		-	Received by the Office of the Governor this ____________________
727		-	day of ___________________, 20_______, at _______ o'clock _______ M.
728		-	By: _________________________________
729		-	Approved by the Governor of the State of Oklahoma this _____ ____
730		-	day of ___________________, 20_______, at _______ o'clock _______ M.
731		-
732		-
733		-	_________________________________
734		-	Governor of the State of Oklahom a
735		-
736		-	OFFICE OF THE SECRETARY OF STATE
737		-	Received by the Office of the Secretary of State this __________
738		-	day of ___________________, 20_______, at _______ o'clock _______ M.
739		-	By: _________________________________
	2666	+