Req. No. 7072 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2833 By: Deck
AS INTRODUCED
An Act relating to driver licenses; amen ding 22 O.S.
2021, Section 983, as amended by Se ction 5, Chapter
350, O.S.L. 2022 (22 O.S. Supp. 20 22, Section 983),
which relates to imprisonment or recommendation of
suspension of driving privileges for failure to pay
fines, costs, fees or assessments; removing
requirements for suspension of driver licenses for
certain nonpayment; amending 47 O.S. 2021, Section 6-
206, as amended by S ection 69, Chapter 282, O.S.L.
2022 (47 O.S. Supp. 2022, Section 6 -206), which
relates to authority to suspend driver licenses;
deleting requirement to suspend driver license for
certain nonpayment; and providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 983, as
amended by Section 5, Chapter 350, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 983), is amended to read as follows:
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 upon a defendant, the court at the time of sentencing
shall require the defendant to complete under oath a form
Req. No. 7072 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
promulgated by the Court of Crim inal Appeals that provides current
information regarding the financial ability of the defendant to pay.
2. The information to be required on the for m shall include,
but not be limited to, the individual and household income and
living expenses of the defendant, excluding child support and any
monies received from a federal or state gov ernment need-based or
disability assistance program , the number of dependents, a listing
of assets, excluding assets exempt from bankruptcy , child support
obligations, health, mental or behavioral health conditions that
diminish the ability of the d efendant to pay restitution, and
additional court-related expenses to be p aid by the defendant.
3. For purposes of this section, fines, costs, fees, and
assessments shall include all financia l obligations imposed by the
court or required by law to be paid, excl uding restitution or
payments to be made other than to the court cle rk, and shall be
referred to as financial obligations.
B. 1. The court shall order 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 financial
obligations that have been ordered by the court. If the defendant
states to the court clerk that he or she is unable to pay the
financial obligations immediately, the court clerk, based on the
verified information provided by the defendant, shall establish,
subject to approval of the court, a monthly installment plan that
Req. No. 7072 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
will cause the financial obligations to be satisfied within no mo re
than seventy-two (72) months, unless extended by the cou rt.
2. The court clerk shall advise the defendant orally and by
delivery of a form promulgated by the Court of Criminal Appeals,
that:
a. it is the obligation of the defendant to keep the
court clerk informed of the contact information of the
defendant until the financial obligations have been
paid. Such information shall include th e current
mailing and 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 co st 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 cir cumstances affecting
the ability of the defendant to pay, the defendant may
Req. No. 7072 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
contact the court clerk and request addit ional cost
hearings before the court.
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 plan recommended by the court clerk, the court
shall enter its order esta blishing the payment plan. The defendant
shall be notified by certified mail or personal service of the order
entered by the court and shall be given the opportunity for a cost
hearing.
4. The district court for each county and all municipal courts
shall set a regular time and courtroom for cost hearings.
C. If the defendant requests a cost hearing, 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, the
court shall rely on th e verified information sub mitted by the
defendant on the form promulgated by the Court of Criminal Appeals
and any updates to the information. In addition, the court may make
inquiry of the defen dant and consider any other evidence or
testimony concerning the ability of the defend ant to pay.
D. 1. If at the initial cost hearing or any subsequent cost
hearing, the court determines that the defenda nt is unable to
immediately pay the financial obl igations or the required
installments, the court may reduce the amount of the installme nts,
extend the payment plan beyond seventy-two (72) months, or waive
Req. No. 7072 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
payment of all or part of the amount owed. The court may include a
financial incentive for acceler ated payment. Additionally, the
court may order community service in lieu of payment . The defendant
shall receive credit for no less than two times the amount of the
minimum wage specified pursuant to stat e law for each hour of
community service.
2. If at any time due to a change in conditions the defendant
is unable to pay the fina ncial obligations ordered by the court or
any installment, the defendant may request an additional co st
hearing.
E. If the court determines that a waiver of any of the
financial obligations is warranted, the court shall equally apply
the same percentage reducti on to all fines, costs, fees, and
assessments, excluding restitution.
F. 1. If a defendant is delinquent in the paym ent of financial
obligations or an installment by more than sixty (60) days, the
court clerk shall notify the court which shall, within te n (10) days
thereafter, set a cost hearing for the court to determine if the
defendant is able to pay. The hearing shall be set on a date tha t
will allow the court clerk to issue a summons fourteen (14) days
prior to the cost hearing.
2. No less than fourteen (14) days prior to the cost hearing,
the court clerk shall issue one summons to the defendant to be
Req. No. 7072 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
served by United States mail to the mailing ad dress of the defendant
on file in the case, substantial ly as follows:
SUMMONS
You are ORDERED to appear for a cost hearing at a specified time,
place, and date to determine if you are financi ally able but
willfully refuse or neglect to pay the fines, co sts, fees, or
assessments or an installment due in Case No .__________.
You must be present at the hearing.
At any time before the date of the cost hearing, you may contact the
court clerk and pay the fines, costs, fees, or assessments or any
installment due.
THIS IS NOT AN ARREST WARRANT. However, if you fail to appear for
the cost hearing or to make the payme nt, the court will issue a
WARRANT for "FAILURE TO APPEAR—COST HEARING" and refer the case to a
court cost compliance liaison which will cause an additio nal thirty
percent (30%) administrative fee to be added to the amount owed.
3. If the defendant fails to appear at the 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.
4. Municipal courts, in lieu of mai ling the summons provided
for in this subsection, may give the defendant personal notice at
the time of sentencing of a specific date, time, and place, not less
than sixty (60) nor more than one hundred twenty (120) days from the
Req. No. 7072 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
date of sentencing to appear for a cost hearing if the fines, costs,
fees, and assessments remain unpaid.
G. If a defendant is found by a law enforcement officer to have
an outstanding 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 . If the defendant
fails to appear at the time and place cited by the law enforcement
officer, the court may issue a summons or warra nt as provided in
Section 209 of this title. The provisions of this subsection shall
not apply to a municipal court if the municip al court has previously
provided personal service to the defendant of an opportunity for a
cost hearing.
H. In determining whether th e defendant is able to pay
delinquent financial obligations or any installments due, the court
shall consider the criter ia provided in subse ction C of this
section.
I. Any defendant found guilty of an offense in any court of
this state may be imprisoned for nonpayment of his or her financial
obligations when the court finds after notice and hearing that the
defendant is financially able but willfully refuses or neglects to
pay the financial obligations owed. A sentence to pay a fine, cost,
fee, or assessment may be converted into a jail sentence only after
a hearing and a judicial determination, memorializ ed of record, that
Req. No. 7072 Page 8 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 defendant is able to satisfy the fine, cost, fee, or assessmen t
by payment, but refuses or neglects so to do.
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 fi nes, costs, fees,
or assessments, 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 with a recommendation of
suspension of driving pri vileges 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 f ine and costs for the m oving traffic
violation, the court shall send notice thereof to the Department, if
a nonpayment notice was sent as provided for in this subsection.
Notices sent to the Department shall be on forms or by a method
approved by the Depa rtment.
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 more than sixty (60) days after the defenda nt fails to
appear for a cost hearing unless the defendant pays the amount owed
on the financial obligation , or an installment due. When the court
refers the case, the updated contact information on file shall be
Req. No. 7072 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
forwarded to a court cost compliance liaison for collection
purposes.
L. K. The Court of Criminal Appeals shall implement procedure s,
forms, and rules consistent with the provisions of this section for
methods of establishing payment plans of fines, costs, fees, and
assessments by indigents, whic h procedures, forms, and rules shall
be distributed to all distr ict courts and municipal c ourts by the
Administrative Office of the Courts.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 6 -206, as
amended by Section 69, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 6-206), is amended to read as follows:
Section 6-206. A. Whenever any person is convicted or pleads
guilty in any court having jurisdiction over offenses committed
under Section 1-101 et seq. of this title, or any other act o r
municipal ordinance or act or ordinance of another state regulating
the operation of motor vehicles on highways, such court shall make
immediate report to Service Oklahoma setting forth the name of the
offender, the number of the driver license and the penalty imposed.
Said report shall be submitted by the judge or the clerk of the
court upon forms furnished or approved by Service Oklahoma.
B. Service Oklahoma, upon receipt of said report or upon
receipt of a report of a conviction in another state relating to the
operation of a motor vehicle, may in its discretion suspend the
driving privilege of such person for such period of time as in its
Req. No. 7072 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
judgment is justified, subject to the limitations provided in this
title or any other act or municipal ordinance regulating the
operation of motor vehicles on highways. Any action taken by
Service Oklahoma shall be in addition to the penalty imposed by the
court subject to the limitations outlined by statute.
C. Service Oklahoma, upon receipt of a report of a conviction
in another state relating to the operation of a motor vehicle, may
in its discretion suspend the driving privilege of such person. Any
action taken by Service Oklahoma shall not exceed the penalty
imposed by a court or Service Oklahoma in the State of Oklahoma for
a violation substantially similar to the conviction in the other
jurisdiction which did not result in a revocation of Oklahoma
driving privileges.
D. Following receipt of a notice of any nonpayment of fine and
costs for a moving traffic violation with a recommendation of
suspension of driving privileges of a defendant from any court
within this state, as provided for in Section 983 of Title 22 of the
Oklahoma Statutes, Service Oklahoma shall suspend the driving
privilege of the named person no earlier than one hundred eighty
(180) days after giving notice as provided in Section 2-116 of this
title. A person whose license is subject to suspension pursuant to
this section may avoid the effective date of the suspension or, if
suspended, shall be eligible for reinstatement, if otherwise
eligible, upon:
Req. No. 7072 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Making application to Service Oklahoma;
2. Showing proof of payment of the total amount of the fine and
cost or a release from the court or court clerk; and
3. Submitting the processing and reinstatement fees, as
provided for in Section 6-212 of this title.
Provided, however, in cases of hardship, as determined by the
court, or proof of enrollment in a federal or state government
assistance program, including, but not limited to, Social Security
or the Supplemental Nutrition Assistance Program, th e person shall
be placed on a payment plan by the court, and the court shall send a
release to Service Oklahoma for reinstatement purposes. The court
may submit another suspension request pursuant to this section if
the person fails to hono r the payment plan and it is fo und that the
person is financially able but willfully refuses or neglects to
honor the payment plan. In such case, Service Oklahoma shall again
suspend the person's driving privilege for nonpayment of fine and
costs for the same moving traf fic violation. Upon reinstatement
after suspension for nonpayment of fine and costs for a moving
traffic violation Service Oklahoma may remove such record of
suspension from the person's driving record and retain an internal
record for audit purposes . A court within this state may order
Service Oklahoma to waive any requirement that fines and costs be
satisfied by a person prior to that person being eligible for a
provisional license provided under Sec tion 6-212 of this title.
Req. No. 7072 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. Upon the receipt of a r ecord of conviction for eluding or
attempting to elude a peace officer, Service Oklahoma shall suspend
the driving privilege of the person:
1. For the first conviction as in dicated on the driving r ecord
of the person, for a period of six (6) months;
2. For the second conviction as indicated on the driving record
of the person, for a period of one (1) year. Such period shall not
be modified; and
3. For the third or subseque nt conviction as indicat ed on the
driving record of the person, for a period of three (3) years. Such
period shall not be modified.
F. E. Any person whose driving privilege is so suspended under
the provisions of this section shall have the right of appeal, as
provided in Section 6-211 of this title.
SECTION 3. This act shall become effective November 1, 2023.
59-1-7072 JBH 01/19/23