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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 2127 By: Kannady
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38	38	AS INTRODUCED
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40	40	An Act relating to fees; amending 28 O.S. 2021,
41	41	Section 101, as amended by Section 4, Chapter 247,
42	42	O.S.L. 2023 (28 O.S. Supp. 2024, Sect ion 101), which
43	43	relates to court financial obligations in criminal
44	44	cases; describing certain failure to pay
45	45	circumstances; requiring judgment be entered;
46	46	providing for stay of judgment under certain
47	47	circumstances; excluding certain judgment from
48	48	unenforceability provision; prohibiting imprisonment
49	49	for failure to pay; amending 19 O.S . 2021, Section
50	50	514.4, as last amended by Section 1, Chapter 211,
51	51	O.S.L. 2024 (19 O.S. Supp. 2024, Section 514.4),
52	52	which relates to court cost compliance program;
53	53	adding certain judgment to court cost compliance
54	54	program; and providing an effective date .
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60	60	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
61	61	SECTION 1. AMENDATORY 28 O.S. 2021, Section 101, as
62	62	amended by Section 4, Chapter 247, O .S.L. 2023 (28 O.S. Supp. 2024,
63	63	Section 101), is amended to read as follows:
64	64	Section 101. A. The fees herein provided for the clerk of the
65	65	district court and the sheriff, as provided in this section, and all
66	66	costs in the prosecution of all criminal actio ns shall, in case of
67	67	conviction of the defendant, be adjudged a part of the penalty of
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94	94	the offense of which the defendant may be convicted, whether the
95	95	punishment for such offense be either imprisonment, or fine, or
96	96	both, and fixed either by the verdict of the jury, or judgment of
97	97	the court, trying the case , and if the defendant sha ll refuse to pay
98	98	the court financial obligations, the payment of such fees and costs,
99	99	in addition to the payment of the fine assessed, shall be enforced
100	100	by imprisonment until the same shall be satisfied at a rate of up to
101	101	One Hundred Dollars ($100.00) per day of such fees and costs, or
102	102	fine, or both, or shall be satisfied at a rate of up to Two Hundred
103	103	Dollars ($200.00) per day of such fees and costs, or fine, or both,
104	104	should the defendant perform useful labor . If, at the time of
105	105	sentencing or anytime ther eafter, the defendant is without either:
106	106	1. Without the means to pay in full the fine fines, fees or,
107	107	and/or costs,; or
108	108	2. Has the means to pay in full the fines, fees, and/or costs
109	109	but refuses to pay in full the fines, fees, and/or costs, the total
110	110	amount owed may shall be entered as a judgment and thereupon the
111	111	same remedies shall be available for the enforcement of the judgment
112	112	as are available to any other judgment creditor.
113	113	B. If a judgment is issued pursuant to paragraph 1 of
114	114	subsection A of this s ection and the defendant has executed an
115	115	installment payment agreement with the court cost compliance liaison
116	116	to pay in full the fines, fees, and/or costs, the court cost
117	117	compliance liaison shall stay all remedies available for the
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144	144	enforcement of the judgment. If the defendant fails to make an
145	145	installment payment, the stay shall be lifted without notice to the
146	146	defendant.
147	147	C. A judgment issued pursuant to this section shall not be come
148	148	unenforceable as set forth in Section 735 of Title 12 of the
149	149	Oklahoma Statutes.
150	150	D. No defendant shall be imprisoned for their inability to pay
151	151	fines, fees, and/or costs.
152	152	E. The term "all costs in the prosecution of all criminal
153	153	actions", as used in this section, shall include all court financial
154	154	obligations as defined in Section 983 of Title 22 of the Oklahoma
155	155	Statutes.
156	156	SECTION 2. AMENDATORY 19 O.S. 2021, Section 514.4, as
157	157	last amended by Section 1, Chapter 211, O.S.L. 2024 (19 O.S. Supp.
158	158	2024, Section 514.4), is amended to read as follows:
159	159	Section 514.4. A. 1. Effective November 1, 2023, there is
160	160	hereby established a court cost compliance program. The purpose of
161	161	the program shall be to assist county sheriffs and the cour ts of
162	162	this state with the collection of fines, costs, fees, and
163	163	assessments associated with any case in which a warrant has been
164	164	issued or a judgment has been entered pursuant to Section 1 of this
165	165	act and the case has been referred to the court cost compli ance
166	166	program pursuant to Section 983 of Title 22 of the Oklahoma
167	167	Statutes.
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194	194	2. County sheriffs of any county in this state may contract
195	195	with a statewide association of county sheriffs to administer
196	196	contracts with third parties who shall be known as court c ost
197	197	compliance liaisons. The court cost compliance liaison may assist
198	198	with attempting to locate and notify persons of their outstanding
199	199	misdemeanor or cost-related warrants and recover and maintain
200	200	accounts relating to past due fines, fees, costs, and ass essments.
201	201	County sheriffs contracting with a statewide association of county
202	202	sheriffs for the administration of third -party contracts may assign
203	203	their rights and duties regarding these contracts to the
204	204	association.
205	205	B. A person may make payment directly t o the court, as allowed
206	206	by law, or the court cost compliance liaison, as allowed, shall be
207	207	authorized to accept payment on misdemeanor or cost -related warrants
208	208	on all cases referred pursuant to Section 983 of Title 22 of the
209	209	Oklahoma Statutes by various me ans including but not limited to
210	210	payment by phone, mail, or Internet, and in a ny payment form
211	211	including but not limited to personal, cashier 's, traveler's,
212	212	certified, or guaranteed bank check, postal or commercial money
213	213	order, nationally recognized credit or a debit card, or other
214	214	generally accepted payment form. Any payment collected and received
215	215	by the court cost compliance liaison shall be paid to the court
216	216	clerk of the court that issued the warrant within fifteen (15) days
217	217	after receipt of the payment and proof of funds. Any payment
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244	244	collected and received by the court, where th e court has referred
245	245	the case to a court cost compliance liaison, shall be reported to
246	246	the court cost compliance liaison within four (4) days of receipt of
247	247	the payment. Any paym ent returned due to insufficient funds shall
248	248	have all insufficient fund charges incurred added to the outstanding
249	249	balance of the defendant. If a credit card payment taken by a court
250	250	cost compliance liaison is determined to be a fraudulent use of the
251	251	credit card by the payor and the payment is reversed by the credit
252	252	card company or payor's bank, the court clerk shall reverse the
253	253	transaction upon notification, return the payment to the court cost
254	254	compliance liaison, and the court cost compliance liaison shal l
255	255	continue the collection process until paid. The court clerk shall
256	256	add any additional fees for the reversal of the transaction plus the
257	257	administration fees to the outstanding balance of the defendant.
258	258	Court cost compliance liaisons shall inform individu als of their
259	259	right to a cost hearing as provided in Section 983 of Title 22 of
260	260	the Oklahoma Statutes.
261	261	C. As provided for by this section, a person may pay in lieu of
262	262	appearance before the court and such payment accepted by the court
263	263	shall constitute a fin ding of guilt as though a plea of nolo
264	264	contendere had been entered by the defendant as allowed by law and
265	265	shall function as a written, dated, and signed plea form acceptable
266	266	to the court. Such payment shall serve as a written waiver of a
267	267	jury trial.
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294	294	D. The court shall release or recall the outstanding
295	295	misdemeanor or cost-related warrant upon receipt of all sums due
296	296	pursuant to the warrant including the misdemeanor or cost -related
297	297	warrant, scheduled fine or sum due, all associated fees, costs and
298	298	statutory penalty assessments, and the administrative cost pursuant
299	299	to Section 514.5 of this title, or with a mutually agreeable monthly
300	300	payment plan and a down payment set at the discretion of the court
301	301	at an amount no less than One Hundred Dollars ($100.00) or by order
302	302	of the court. A single down payment shall be sufficient to recall
303	303	all cost-related warrants against a defendant pending in a single
304	304	jurisdiction.
305	305	E. The provisions of any contract entered into by a county
306	306	sheriff shall be administered by a statewi de association of county
307	307	sheriffs in Oklahoma.
308	308	F. The provisions of this section and Section 514.5 of this
309	309	title shall be applicable to:
310	310	1. Any misdemeanor or cost -related warrant issued pursuant to
311	311	Section 983 of Title 22 of the Oklahoma Statutes or rel ating to any
312	312	proceeding pursuant to the State and Municipal Traffic, Water
313	313	Safety, and Wildlife Bail Bond Procedure Act;
314	314	2. Any misdemeanor or cost -related warrant issued that allows a
315	315	defendant to resolve the matter by payment in lieu of a personal
316	316	appearance in court; and
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344	344	3. Any cost-related warrant issued in a criminal case.
345	345	SECTION 3. This act shall become effective November 1, 2025.
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347	347	60-1-10644 AQH 12/06/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB2127 Compare Versions