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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3498 By: West (Tammy)
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 983b, as amended by Section 2,
Chapter 29, O.S.L. 2022 (22 O .S. Supp. 2023, Section
983b), which relates to hearings for fines, fees,
costs, and assessments; directing courts to reduce
monthly installment amounts under certain
circumstances; allowing for voluntary payments
towards amounts owed ; providing restriction for
lowering monthly payments; and provi ding an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 983b, as
amended by Section 2, Chapter 29, O.S.L. 2022 (22 O.S. Supp. 2023,
Section 983b), is amended to read as follows:
Section 983b. A. Any person released on parole or released
without parole from a term of imprisonment with the Department of
Corrections shall be required to report at a time not less than one
hundred eighty (180) days after hi s or her release from the
Department of Corrections to:
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1. The district court of the coun ty from which the judgment and
sentence resulting in incarceration arose ; and
2. All other district courts or municipal courts where the
person owes fines, fees, cos ts and assessments,
for the purpose of scheduling a hearing to determine the abili ty of
the person to pay fines, fees, costs or assessments owed by the
person in every felony or misdemeanor criminal case filed in a
district court or criminal case filed in a municipal court of this
state. Such hearing shall be held in accordance with th e provisions
of Section VIII of the Rules of the Court of Criminal Appeals, 22
O.S. 2011, Ch. 18, App. A court may for good cause shown or in its
discretion continue such he aring for up to one hundred eighty (180)
days.
B. In determining the abil ity of the person to satisfy fine s,
fees, costs or assessments owed to a district or municipa l court,
the court shall inquire of the person at the time of the hearing
which counties and municipalities the person owes fines, fees, costs
or assessments in ev ery felony or misdemeanor crimina l case filed
against the person and shall consider all court -ordered debt,
including restitution and child support, in determining the ab ility
of the person to pay. In calculating and determining the ability of
a person to pay his or her fines, fees, costs, or assessments und er
the provisions of this subsection, any monies received from a
federal or state government need-based assistance program shall not
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be counted as personal income to pay for the legal and financial
obligations owed to the court . The court may reduce a pers on's
fines, fees, costs, or assessment s if it is determined by the court
that the person does not have the ability to pay the f ines, fees,
costs, or assessments . However, if the court determines that a
reduction in the fines, fees, costs, or assessments is warranted,
the court shall equally apply the same percentage reduction to the
fines, fees, costs, or assessments owed by the person. The person
shall not be required to pay any outstanding f ines, fees, costs or
assessments prior to the expiration of the one-hundred-eighty-day
period; provided, however, the person shall not be precluded from
voluntarily making payment toward the satisfaction of any fines,
fees, costs or assessments due and owi ng to a district or municipal
court of this state.
C. The Court of Criminal Appeals shall promulgat e rules
governing the provisions of this section including, but not limited
to:
1. Reporting, hearing and payment requirements as provided for
in subsections A and B of this section;
2. Consolidating district and municipal court fines, fees,
costs or assessments owed by a person into one order for payment;
and
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3. Accepting and distributing p ayments received for fines,
fees, costs or assessments to various district and municipal courts
when consolidated by the court into one order for payment.
D. When determining the ability of a person to pay fines, fees,
costs, or assessments under the provisions of this section, if the
person is on an installment plan for fines, fees, costs, or
assessments owed for felony or misdemeanor criminal cases or traffic
cases in another county, the court shall reduc e monthly installments
by the monthly installment amount the person is required to pay in
the other county for the length of the payment plan in the other
court. If otherwise unavailable to the court, the person shall
provide documentation of his or her install ment plan in another
county.
1. The provisions of this subsection shall not preclude a
person from voluntarily making payment toward s the satisfaction of
any fines, fees, costs, or assessments in higher installment
amounts.
2. The provisions of this subsection shall not be used to
require a court to lower monthly payments to below one and one-half
percent (1.5%) of the monthly income o f a person or Twenty Dollars
($20.00), whichever is greater.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9822 GRS 01/12/24