Oklahoma 2024 Regular Session

Oklahoma House Bill HB3546 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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3	34		BILL NO. 3546 By: Sterling of the House
4	35
5	36		and
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7	38		Howard of the Senate
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12	43		An Act relating to criminal procedure; amending 19
13	44		O.S. 2021, Section 514.4, as amended by Section 1,
14	45		Chapter 247, O.S.L. 2023 (19 O.S. Supp. 2023, Section
15	46		514.4), which relates to court costs; modifying
16	47		provisions related to court orders; amending 22 O.S.
17	48		2021, Section 983, as amended by Section 3, Chapter
18	49		247, O.S.L. 2023 (22 O.S. Supp. 2023, Section 983),
19	50		which relates to certa in court-related financial
20	51		obligations; modifying procedure related to certain
21	52		warrants; prescribing notice requirement; modifyin g
22	53		provisions related to hearings for cost arrest
23	54		warrant; specifying certain time period after arrest;
24	55		prescribing procedures r elated to release; and
25	56		providing an effective date.
26	57
27	58
28		-	~~SUBJECT: Criminal procedure~~
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29	60
30	61		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
31		-
32	62		SECTION 1. AMENDATORY 19 O.S. 2021, Section 514.4, as
33	63		amended by Section 1, Chapter 247, O.S.L. 2023 (19 O.S. Supp. 2023 ,
34	64		Section 514.4), is amended to read as follows:
35		-
36	65		Section 514.4 A. 1. Effective November 1, 2023, there is
37	66		hereby established a court cost compliance program. The purpose of
38	67		the program shall be to assist county sheriffs and the courts of
39	68		this state with the collection of fines, costs, fees, and
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40	96		assessments associated with any case in which a warrant has been
41	97		issued and the case has been referred to the court cost compliance
42	98		program pursuant to Section 983 of Title 22 of the Oklahoma
43	99		Statutes.
44		-
45	100		2. County sheriffs of any county in this state may contract
46		-	with a statewide association of county sheriffs to administer ~~ENR. H. B. NO. 3546 Page 2~~
	101	+	with a statewide association of county sheriffs to administer
47	102		contracts with third parties who shall be known as court cost
48	103		compliance liaisons. The court cost compliance liaison may assist
49	104		with attempting to locate and notify persons of their outstanding
50	105		misdemeanor or cost-related warrants and recover and maintain
51	106		accounts relating to past due fines, fees, costs, and assessments.
52	107		County sheriffs contracting with a statewide association of county
53	108		sheriffs for the administration of third -party contracts may assign
54	109		their rights and duties regarding these contracts to the
55	110		association.
56		-
57	111		B. A person may make payment directly to the court, as allowed
58	112		by law, or the court cost compliance liaison, as allowed, sha ll be
59	113		authorized to accept payment on misdemeanor o r cost-related warrants
60	114		on all cases referred pursuant to Section 983 of Title 22 of the
61	115		Oklahoma Statutes by various means including but not limited to
62	116		payment by phone, mail, or Internet, and in any paym ent form
63	117		including but not limited to personal, cashier’s, traveler’s,
64	118		certified, or guaranteed bank check, postal or commercial money
65	119		order, nationally recognized credit or a debit card, or other
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66	147		generally accepted payment form. Any payment collected and received
67	148		by the court cost compliance liaison shal l be paid to the court
68	149		clerk of the court that issued the warrant within fifteen (15) days
69	150		after receipt of the payment and proof of funds. Any payment
70	151		collected and received by the court, where the court has referred
71	152		the case to a court cost compliance liaison, shall be reported to
72	153		the court cost compliance liaison within four (4) days of receipt of
73	154		the payment. Any payment returned due to insufficient funds shall
74	155		have all insufficient fund charges incur red added to the outstanding
75	156		balance of the defenda nt. If a credit card payment taken by a court
76	157		cost compliance liaison is determined to be a fraudulent use of the
77	158		credit card by the payor and the payment is reversed by the credit
78	159		card company or payor’s bank, the court clerk shall reverse the
79	160		transaction upon notification, return the payment to the court cost
80	161		compliance liaison, and the court cost compliance liaison shall
81	162		continue the collection process until paid. The court clerk shall
82	163		add any additional fees for the reversal of the transaction plus th e
83	164		administration fees to the outstanding balance of the defendant.
84	165		Court cost compliance liaisons shall inform individuals of their
85	166		right to a cost hearing as provided in Section 983 of Title 22 of
86	167		the Oklahoma Statutes.
87		-
88	168		C. As provided for by this section, a person may pay in lieu of
89	169		appearance before the court and such payment accepted by the court
90	170		shall constitute a finding of guilt as though a plea of nolo
91		-	contendere had been entered by the defendant as allowed by law and ENR. H. B. NO. 3546 Page 3
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	198	+	contendere had been entered by the defendant a s allowed by law and
92	199		shall function as a written, d ated, and signed plea form acceptable
93	200		to the court. Such payment shall serve as a written waiver of a
94	201		jury trial.
95		-
96	202		D. The court shall release or recall the outstanding
97	203		misdemeanor or cost-related warrant upon receipt of all sums due
98	204		pursuant to the warrant including the misdemeanor or cost -related
99	205		warrant, scheduled fine or sum due, all associated fees, costs and
100	206		statutory penalty assessments, and the administrative cost pursuant
101	207		to Section 514.5 of this t itle, or with a mutually agreeable monthly
102	208		payment plan and a down payment set at the discretion of the court
103	209		at an amount no less than One Hundred Dollars ($100.00) or by order
104	210		of the court. A single down payment shall be sufficient to recall
105	211		all cost-related warrants against a defendant pending in a single
106	212		jurisdiction.
107		-
108	213		E. The provisions of any contract entered into by a county
109	214		sheriff shall be administered by a statewide association of county
110	215		sheriffs in Oklahoma.
111		-
112	216		F. The provisions of this section and Section 514.5 of this
113	217		title shall be applicable to :
114		-
115	218		1. Any misdemeanor or cost -related warrant issued pursuant to
116	219		Section 983 of Title 22 of the Oklahoma Statutes or relating to any
117	220		proceeding pursuant to the State and Municipal Traffic, Water
118	221		Safety, and Wildlife Bail Bond Procedure Act;
119	222
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120	249		2. Any misdemeanor or cost -related warrant issued that allows a
121	250		defendant to resolve the matter by payment in lieu of a personal
122	251		appearance in court; and
123		-
124	252		3. Any cost-related warrant issued in a criminal case.
125		-
126	253		SECTION 2. AMENDATORY 22 O.S. 2021 , Section 983, as
127	254		amended by Section 3, Chapter 247, O.S.L. 2023 (22 O.S. Supp. 2023,
128	255		Section 983), is amended to read as follows:
129		-
130	256		Section 983. A. As used in this section, unless the context
131	257		otherwise requires:
132		-
133	258		1. "Cost arrest warrant" means a warrant authorizing arrest
134	259		that is issued by a court under the following circumstances:
135		-	ENR. H. B. NO. 3546 Page 4
136	260		a. failure to comply with the terms of a court financial
137	261		obligations payment plan,
138		-
139	262		b. failure to appear at a cost hearing or w illfulness
140	263		hearing, or
141		-
142	264		c. failure to appear at the office of the court clerk of
143	265		the county in which the court financial obligation is
144	266		owed within ten (10) days of being cited by a law
145	267		enforcement officer to appear;
146		-
147	268		2. "Cost cite and release warrant" means a warrant issued by a
148	269		court authorizing citation and release under the following
149	270		circumstances:
150		-
151	271		a. failure to comply with terms of a court financial
152	272		obligations payment plan, or
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154	300		b. failure to appear at a cost hearing or willfulness
155	301		hearing;
156		-
157	302		3. "Cost hearing" means a hearing in which the court determines
158	303		the ability of a defendant to pay court financial obligations. Once
159	304		a cost hearing date has been set, all court financial obligations
160	305		shall be suspended until the cost hearing has been held;
161		-
162	306		4. "Court financial obligation" means all financial obligations
163	307		including fines, costs, fees, and assessments, imposed by the court
164	308		or required by law to be paid, excluding restitution or payments to
165	309		be made other than to the court clerk;
166		-
167	310		5. "Payment-in-full" means a court financial payment term that
168	311		requires the defendant to pay the full amount of court financial
169	312		obligations owed within ninety (90) days of a plea or sentence in
170	313		the district court or within thirty (30) days of a plea or sentence
171	314		in the municipal court ;
172		-
173	315		6. "Payment-in-installments" means payment terms for court
174	316		financial obligations that require the defendant to make monthly
175	317		payments in any amount until the amount owed is fully paid; and
176		-
177	318		7. "Willfulness hearing" means a hearing in which the court
178	319		determines whether a defendant who has previously been found to have
179	320		the ability to pay court financial obligations has willfully failed
180		-	to pay the debt. ~~ENR. H. B. NO. 3546 Page 5~~
	321	+	to pay the debt.
181	322		B. 1. Except in cases provided for in Section 983b of this
182	323		title, when the judgment and sentence of a co urt, either in whole or
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183	351		in part, imposes court financial obligations upon a defendant, the
184	352		court at the time of sentencing may immediately, or at any point
185	353		thereafter until the debt is either paid or waived, determine the
186	354		ability of a defendant to pay the court financial obligations. The
187	355		court may make such determinations at a cost hearing or upon written
188	356		motion or affidavit by the defendant. The ability of a defendant to
189	357		pay court financial obligations may not impact the sentence imposed.
190		-
191	358		2. Defendants with court financial obligations who are found by
192	359		the court to be unable to pay, in whole or in part, shall be
193	360		relieved of the debt by the court through a hardship waiver of the
194	361		court financial obligations, either in whole or in part.
195		-
196	362		3. In determining th e ability of a defendant to pay, the court
197	363		shall consider the following factors:
198		-
199	364		a. individual and household income,
200		-
201	365		b. household living expenses,
202		-
203	366		c. number of dependents,
204		-
205	367		d. assets,
206		-
207	368		e. child support obligations,
208		-
209	369		f. physical or mental health conditions tha t diminish the
210	370		ability to generate income or manage resources,
211		-
212	371		g. additional case-related expenses to be paid by the
213	372		defendant, and
214		-
215	373		h. any other factors relevant to the ability of the
216	374		defendant to pay.
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218	402		4. In determining the ability of a defendant to pay, the
219	403		following shall not be considered as income or assets:
220		-
221	404		a. child support income,
222		-
223	405		b. any monies received from a federal, state, or tribal
224	406		government need-based or disability assistance
225		-	program, or ~~ENR. H. B. NO. 3546 Page 6~~
	407	+	program, or
226	408		c. assets exempt from bankruptcy.
227		-
228	409		5. Defendants in the f ollowing circumstances are presumed
229	410		unable to pay and eligible for relief under paragraph 2 of this
230	411		subsection:
231		-
232	412		a. designated as totally disabled by any federal, state,
233	413		or tribal disability services program including but
234	414		not limited to military disability, Social Security
235	415		Disability Insurance, Supplemental Security Income, or
236	416		tribal disability benefits,
237		-
238	417		b. receives support from the Temporary Assistance for
239	418		Needy Families program, Supplemental Nutrition
240	419		Assistance Program, the Special Supplemental Nutrition
241	420		Program for Women, Infants, and Children nutrition
242	421		education and supplemental food program, or any other
243	422		federal need-based financial support,
244		-
245	423		c. receives subsidized housing support through the
246	424		Housing Choice Voucher program, the United States
247	425		Department of Housing and Urban Development, or other
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248	453		state, local, or federal government housing subsidy
249	454		program, or
250		-
251	455		d. total income is below one hundred fifty percent (150%)
252	456		of the federal poverty level.
253		-
254	457		C. 1. At the time of a plea or sentencing, the court shall
255	458		inform the defendant of the total court financial obligations owed,
256	459		the consequences of failing to pay the court financial obligations,
257	460		and that the defendant may request a cost hearing if at any time he
258	461		or she is unable to pay the court financial obligatio ns, at which
259	462		point the court may waive all or part of the debt owed. If the
260	463		total amount of court financial obligations owed is not available at
261	464		the time of the plea or sentencing, the court shall inform the
262	465		defendant that court financial obligations have been incurred and
263	466		the time and location where the defendant may learn of the total
264	467		amount owed.
265		-
266	468		2. The court shall order the defendant to appear immediately
267	469		after sentencing at the office of the court clerk to provide current
268	470		contact information and to e ither select payment terms or request a
269	471		cost hearing. Failure to immediately report to the court clerk
270		-	shall result in the full amount of court financial obligations to be ~~ENR. H. B. NO. 3546 Page 7~~
	472	+	shall result in the full amount of court financial obligations to be
271	473		due thirty (30) days from the date of the plea or sentencing in
272	474		district courts or thirty (30) days from the date of the plea or
273	475		sentencing in municipal courts.
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275	503		3. Payment of court financial obligations may be made under the
276	504		following terms:
277		-
278	505		a. payment in full, or
279		-
280	506		b. payment in installments.
281		-
282	507		Upon any change in circumstances affecting th e ability of a
283	508		defendant to pay, a defendant may re quest a cost hearing before the
284	509		court by contacting the court clerk.
285		-
286	510		4. The district court for each county and all municipal courts
287	511		shall provide a cost hearing for any defendant upon request, either
288	512		by establishing a dedicated docket or on an as -requested basis. A
289	513		defendant who requests a cost hearing will receive a summons by
290	514		personal service or by United States mail to appear in court as
291	515		required by subsection G of this section. If a defendant fails t o
292	516		appear for a requested cost hearing, the court ma y issue either a
293	517		cost cite and release warrant or a cost arrest warrant. No fees
294	518		shall be assessed or collected from the defendant as a consequence
295	519		of either requesting a cost hearing or the issuing of a cost cite
296	520		and release warrant.
297		-
298	521		D. In determining the ability of the defendant to pay court
299	522		financial obligations, the court may rely on testimony, relevant
300	523		documents, and any information provided by the defendant using a
301	524		cost hearing affidavit promulgated by the Court of Criminal Appeals.
302	525		In addition, the court may make inquiry of the defendant and
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303	553		consider any other evidence or testimony concerning the ability of
304	554		the defendant to pay.
305		-
306	555		E. 1. If at the initial cost hearing or any subsequent cost
307	556		hearing, the court determines that the defendant is able to pay some
308	557		or all of the court financial obligations, the court may order any
309	558		of the following conditions for payment:
310		-
311	559		a. payment in full,
312		-
313	560		b. payment in installments,
314		-	ENR. H. B. NO. 3546 Page 8
315	561		c. financial incentive under a set of c onditions
316	562		determined by the court, or
317		-
318	563		d. community service in lieu of payment; provided, the
319	564		defendant shall receive credit for no less than two
320	565		times the amount of the minimum wage specified
321	566		pursuant to state law for each hour of community
322	567		service.
323		-
324	568		2. Any defendant who fails to comply with the terms of the
325	569		payment plan ordered by the court shall be considered delinquent and
326	570		the court may issue either a cost cite and release warrant or a cost
327	571		arrest warrant.
328		-
329	572		F. If the court determines that a waiver of any of the court
330	573		financial obligations is warranted, t he court shall apply the same
331	574		percentage reduction equally to all fines, costs, fees, and
332	575		assessments, excluding restitution.
333	576
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334	603		G. 1. A defendant is considered delinquent in the payment of
335	604		court financial obligations under the following circumstances:
336		-
337	605		a. when the total amount due has not been paid by the due
338	606		date, or
339		-
340	607		b. when no installment payments have been received in the
341	608		most recent ninety-day period.
342		-
343	609		2. The court clerk shall periodically review cases f or
344	610		delinquency at least once every six (6) months a nd, upon identifying
345	611		a delinquent defendant, notify the court which shall, within ten
346	612		(10) days thereafter, set a cost hearing for the court to determine
347	613		if the defendant is able to pay. The cost hearing shall be set
348	614		within forty-five (45) days of the issuance of the summons. The
349	615		hearing shall be set on a date that shall allow the court clerk to
350	616		issue a summons fourteen (14) days prior to the cost hearing.
351	617		Defendants shall incur no additional fees associ ated with the
352	618		issuance of the summons.
353		-
354	619		3. At least fourteen (14) days prior to the cost hearing, the
355	620		court clerk shall issue one summons to the defendant to be served by
356	621		United States mail to the mailing address of the defendant on file
357	622		in the case, substantially as follows:
358		-
359		-	SUMMONS ENR. H. B. NO. 3546 Page 9
	623	+	SUMMONS
360	624		You are ORDERED to appear for a COST HEARING at a specified
361	625		time, place, and date to determine if you are financially able to
	626	+
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362	653		pay the fines, costs, fees, or assessments or an installment due in
363	654		Case No.__________.
364		-
365	655		YOU MUST BE PRESENT AT THE HEARING.
366		-
367	656		At any time before the date of the cost hearing, you may contact
368	657		the court clerk and pay the amount due or request in writing or in
369	658		person prior to the court date, that the hearing be rescheduled for
370	659		no later than thirty (30) days af ter the scheduled time.
371		-
372	660		THIS IS NOT AN ARREST WARRANT. However, if you fail to appear
373	661		for the cost hearing or pay the amount due, the court will may issue
374	662		a WARRANT and may refer the case to a court cost compliance liaison
375	663		which will cause an additional a dministrative fee of up to thirty -
376	664		five percent (35%) to be added to the amount owed and may include
377	665		additional costs imposed by the court.
378		-
379	666		4. Referrals to the court cost compliance program as provided
380	667		in subsection L of this section shall be made as follo ws:
381		-
382	668		a. courts shall refer a case to the court cost compliance
383	669		program upon the issuance of a cost arrest warrant,
384		-
385	670		b. courts may refer a case to the court cost compliance
386	671		program upon the issuance of a cost cite and release
387	672		warrant, or
388		-
389	673		c. courts may refer a case to the court cost compliance
390	674		program without the issuance of a warrant; provided,
391	675		the defendant is delinquent and has had sufficient
392	676		notice and opportunity to have a cost hearing.
	677	+
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393	703
394	704		5. A municipal court, in lieu of mailing the summons provided
395	705		for in this subsection, may give the summons to the defendant in
396	706		person at the time of sentencing or subsequent appearance of a
397	707		specific date, time, and place, not fewer than thirty (30) days nor
398	708		more than one hundred twenty (120) days from the date of sentencing
399	709		to appear for a cost hearing if the court financia l obligations
400	710		remain unpaid.
401		-
402	711		H. 1. If a defendant is found by a law enforcement officer to
403	712		have an outstanding cost cite and release warrant, the law
404		-	enforcement officer shall issue a Warning/Notice to ~~appear~~ within ~~ENR. H. B. NO. 3546 Page 10~~
	713	+	enforcement officer shall issue a Warning/Notice to a ppear within
405	714		ten (10) days of release from detention on the warrant to the court
406	715		clerk of the court in which the court financial obligations are
407	716		owed. If the officer has the necessary equipment, the officer shall
408	717		immediately transmit the Warning/Notice el ectronically to the court
409	718		clerk of the court in whi ch the court financial obligations are
410	719		owed. The law enforcement officer shall not take the defendant into
411	720		custody on the cite and release warrant , and no other law
412	721		enforcement officer who encounters the defendant during this ten -day
413	722		period may take the defendant into custody on the warrant . If the
414	723		law enforcement officer is unable to transmit the Warning/Notice
415	724		electronically to the court clerk, the officer shall inform the
416	725		appropriate department staff m ember within the agency of the law
417	726		enforcement officer of the Warning/Notice within five (5) days. The
418	727		department staff member shall then promptly notify the law
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419	755		enforcement agency in the jurisdiction that issued the warrant
420	756		electronically who shall promptly notify the court clerk . The
421	757		electronic communication shall be treated as a duplicate original
422	758		for all purposes in any subsequent hearings before the appropriate
423	759		court.
424		-
425	760		2. If the defendant reports to the office of the court clerk
426	761		within the ten (10) d ays, the court clerk shall:
427		-
428	762		a. inform the court of the Warning/Notice to the
429	763		defendant and contact,
430		-
431	764		b. schedule a cost hearing pursuant to applicable local
432	765		court rule, and
433		-
434	766		c. submit the warrant to the court for recall pending the
435	767		cost hearing.
436		-
437	768		3. If the defendant fails to report to the office of the court
438	769		clerk within the ten (10) days, the court may issue a cost arrest
439	770		warrant for the arrest of the defendant.
440		-
441	771		4. At the hearing following the arrest for failure to appear,
442	772		the court shall conduct a cost hea ring or willfulness hearing, as
443	773		the court deems appropriate, within seventy -two (72) hours unless
444	774		Following an arrest on a cost arrest warrant, the defendant must be
445	775		released after seventy -two (72) hours in custody. The defendant may
446	776		be released prior to seventy-two (72) hours if:
	777	+	a. the defendant pays custodian is presented with proof
	778	+	of payment in the amount of One Hundred Dollars
447	779
448		-	a. the defendant pays custodian is presented with proof
449		-	of payment in the amount of One Hundred Dollars ENR. H. B. NO. 3546 Page 11
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450	806		($100.00) toward to each jurisdiction where the court
451	807		financial obligation, is released from custody,
452	808		obligations are owed and the new cost hearing date is
453	809		provided, or
454		-
455	810		b. the court releases the defendant on the defendant's
456	811		own recognizance and a new cost hearing date is
457	812		provided, or
458		-
459		-	c. the court conducts a cost or willfulness hearing, as
460		-	appropriate, pursuant to the provisions of th is
461		-	section and determines the defendant should be
462		-	released.
463		-
	813	+	c. the court conducts a cost or willfulness hearing as
	814	+	appropriate pursuant to the provisions of this section
	815	+	and determines the defendant should be released .
464	816		5. The provisions for issuing a separate summons described in
465	817		subsection G of this section shall not apply to a municipal court if
466	818		the municipal court has previously provided actual personal n otice
467	819		to the defendant of an opportunity for a cost hearing. If such
468	820		notice was given and the defendant fails to appear, the municipal
469	821		court may issue either a cost cite and release warrant or a cost
470	822		arrest warrant.
471		-
472	823		6. All warrants for failure to appear at a cost hearing or for
473	824		failure to pay court financial obligations which have been issued
474	825		prior to the effective date of this act and which remain unserved,
475	826		shall be treated as cost cite and release warrants. All warrant
476	827		fees assessed for warrants for fa ilure to appear at a cost hearing
477	828		or for failure to pay court financial obligations issued prior to
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478	856		the effective date of this act shall remain in effect unless waived
479	857		by the court.
480		-
481	858		I. Supporting documents in a motion or affidavit for relief
482	859		from court financial obligation debt or any documents taken into
483	860		evidence during a cost hearing or willfulness hearing shall not be
484	861		viewable by the public on a court -controlled website.
485		-
486	862		J. 1. After a cost hearing where a defendant is found able to
487	863		pay a court financial obligation, either in whole or in part, and
488	864		then becomes delinquent in that payment, a court may conduct a
489	865		willfulness hearing at any time beginning immediately after a cost
490	866		hearing has been held and a decision rendered on the court financial
491	867		obligations. Findings of a defendant's prior ability to pay may be
492	868		considered as evidence of ability to pay or willfulness at the
493		-	hearing. The requirements of this ~~par agraph~~ shall not be construed ~~ENR. H. B. NO. 3546 Page 12~~
	869	+	hearing. The requirements of this paragraph shall not be construed
494	870		to prohibit the court from holding subsequent cost hearings on the
495	871		same court financial obligations.
496		-
497	872		2. At a willfulness hearing, the court shall evaluate the
498	873		following:
499		-
500	874		a. whether a cost hearing has been held previously where
501	875		evidence relating to ability to pay was presented and
502	876		the court found the defendant was able to pay the
503	877		court financial obligations, either in whole or in
504	878		part,
505	879
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506	906		b. whether there is any new evidence of ability to pay
507	907		not previously considered or a change in circumstances
508	908		since the cost hearing,
509		-
510	909		c. whether the defendant was afforded sufficient time an d
511	910		opportunity to fulfill the obligation to pay the court
512	911		financial obligations,
513		-
514	912		d. whether the defendant made any efforts to satisfy the
515	913		court financial obligations, and
516		-
517	914		e. whether there are any other relevant facts or
518	915		circumstances.
519		-
520	916		3. After a finding of willful failure to pay court financial
521	917		obligations, the court may impose a jail sentence pursuant to
522	918		Section 101 of Title 28 of the Oklahoma Statutes. A jail sentence
523	919		may be imposed only under the following circumstances:
524		-
525	920		a. the hearing is conducted on t he record pursuant to the
526	921		rules promulgated by the Court of Criminal Appeals,
527	922		and
528		-
529	923		b. the defendant is represented by counsel or expressly
530	924		waives his or her right to counsel.
531		-
532	925		4. If a jail sentence is imposed, the court may grant credit
533	926		for any time already served. At any time after incarceration, the
534	927		jail sentence may be satisfied upon payment in full of the
535	928		outstanding balance with credit for any time already served.
536	929
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537	956		K. In addition, the The district court or municipal court,
538		-	within one hundred twenty (~~120~~) days from the ~~dat e~~ upon which the ~~ENR. H. B. NO. 3546 Page 13~~
	957	+	within one hundred twenty (12 0) days from the date upon which the
539	958		person was originally ordered to make payment, and if the court
540	959		finds and memorializes into the record that the defendant is
541	960		financially able but willfully refuses to pay the court financial
542	961		obligations, or an installme nt due fails to comply with the
543	962		financial obligation as ordered by the court or fails to appear for
544	963		the offered cost or willfulness hearing , may, if the defendant has
545	964		previously been notified of the possibility of a suspension, send
546	965		notice of nonpayment of any court-ordered fine and costs financial
547	966		obligation for a moving traffic violation to Service Oklahoma with a
548	967		recommendation of suspension of driving privileges of the defendant
549	968		until the total amount of any court financial obligation has been
550	969		paid or waived by the court. Upon receipt of payment of the total
551	970		amount of the court financial obligations for the moving traffic
552	971		violation, the court shall send notice thereof to Service Oklahoma,
553	972		if a nonpayment notice was sent as provided for in this subsectio n.
554	973		Notices sent to Service Oklahoma shall be on fo rms or by a method
555	974		approved by Service Oklahoma.
556		-
557	975		L. Every county and district court of this state shall fully
558	976		utilize and participate in the court cost compliance program. Cases
559	977		shall be referred to the court cost compliance program no more than
560	978		sixty (60) days after the court has ordered the referral pursuant to
561	979		paragraph 4 of subsection G of this section, unless the defendant
	980	+
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562	1007		pays the amount owed on the court financial obligation or an
563	1008		installment due. When the court refers a case, the updated contact
564	1009		information on file shall be forwarded to a court cost compliance
565	1010		liaison for collection purposes.
566		-
567	1011		M. The Court of Criminal Appeals shall implement procedures and
568	1012		rules for implementation of the requireme nts of this section. Such
569	1013		procedures, rules, and any supplemental forms may be made available
570	1014		by the Administrative Office of the Courts.
571		-
572	1015		SECTION 3. This act shall become effective November 1, 2024.
573		-	ENR. H. B. NO. 3546 Page 14
574		-	Passed the House of Representatives the 6th day of March, 2024.
575		-
576		-
577		-
578		-
579		-	Presiding Officer of the House
580		-	of Representatives
581		-
582		-
583		-
584		-	Passed the Senate the 24th day of April, 2024.
585		-
586		-
587		-
588		-
589		-	Presiding Officer of the Senate
590		-
591		-
592		-	OFFICE OF THE GOVERNOR
593		-	Received by the Office of the Governor this ____________________
594		-	day of ___________________, 20_______, at _______ o'clock _______ M.
595		-	By: _________________________________
596		-	Approved by the Governor of the State of Oklahoma this _________
597		-	day of ___________________, 20_______, at _______ o'clock _______ M.
598		-
599		-
600		-	_________________________________
601		-	Governor of the State of Oklahoma
602		-
603		-	OFFICE OF THE SECRETARY OF STATE
604		-	Received by the Office of the Secretary of State this __________
605		-	day of ___________________, 20_______, at _______ o'clock _______ M.
606		-	By: _________________________________
	1016	+	COMMITTEE REPORT BY: COMMITTEE ON JUDIC IARY
	1017	+	April 2, 2024 - DO PASS