Oklahoma 2025 Regular Session

Oklahoma House Bill HB2525 Compare Versions

Only one version of the bill is available at this time.

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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 2525 By: Hill
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38	38	AS INTRODUCED
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40	40	An Act relating to criminal procedure; amending 22
41	41	O.S. 2021, Section 1355A, which relates to the
42	42	Indigent Defense Act; modifying eligibili ty
43	43	procedures for indigent representation by the
44	44	Oklahoma Indigent Defense System; deleting factor
45	45	considered by the court when determining eligibility;
46	46	providing rebuttable presumption for determining
47	47	eligibility; waiving application and application fee
48	48	under certain circumstances; and providing an
49	49	effective date.
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56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. AMENDATORY 22 O.S. 2021, Section 1355A, is
58	58	amended to read as follows:
59	59	Section 1355A. A. When an indigent requests representation by
60	60	the Oklahoma Indigent Defense System, except those presumed eligible
61	61	for appointment of the System as established in subsection D of this
62	62	section, such person shall submit an appropriate application to the
63	63	court clerk, which shall state that the application is signed under
64	64	oath and under the penalty of perjury and that a false statement may
65	65	be prosecuted as such. The application shall state whether or not
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92	92	the indigent has been released on bond. In addition, if the
93	93	indigent has been released Release on bond, the application shall
94	94	include a written statement from the applicant that the applicant
95	95	has contacted three named attorneys, licensed to practice law in
96	96	this state, and the applicant has been unable to obtain legal
97	97	counsel not disqualify a person from receiving representation by the
98	98	System. A nonrefundable application fee of Forty Dollars ($40.00)
99	99	shall be paid to the court clerk at the time the application is
100	100	submitted, and no application shall be accepted wi thout payment of
101	101	the fee; except that the court may, based upon the financial
102	102	information submitted, defer all or part of the fee if the court
103	103	determines that the person does not have the financial resources to
104	104	pay the fee at time of application, to attach as a court fee upon
105	105	conviction. Any fees collected pursuant to this subsecti on shall be
106	106	retained by the court clerk, deposited in the Court Clerk 's
107	107	Revolving Fund, and reported quarterly to the Administrative Office
108	108	of the Courts.
109	109	B. 1. The Court of Cr iminal Appeals shall promulgate rules
110	110	governing the determination of indigency pursuant to the provisions
111	111	of Section 55 of Title 20 of the Oklahoma Statutes. The initial
112	112	determination of indigency shall be made by the Chief Judge of the
113	113	Judicial District or a designee thereof, based on the defendant 's
114	114	application and the rules prov ided herein.
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141	141	2. Upon promulgation of the rules required by law, the
142	142	determination of indigency shall be subject to review by the
143	143	Presiding Judge of the Judicial Administrative D istrict. Until such
144	144	rules become effective, the determination of indigency shall be
145	145	subject to review by the Court of Criminal Appeals.
146	146	C. Before the court appoints the System based on the
147	147	application, the court shall advise the indigent or, if applicabl e,
148	148	a parent or legal guardian, that the application is signed under
149	149	oath and under the penalty of perjury and that a false statement may
150	150	be prosecuted as such. A copy of the application shall be sent to
151	151	the prosecuting attorney or the Office of the Attorn ey General,
152	152	whichever is appropriate, for review. Upon request by any party
153	153	including, but not limited to, the attorney appointed to represent
154	154	the indigent, the court shall hold a hearing on the issue of
155	155	eligibility for appointment of the System.
156	156	D. If the defendant is admitted to bail and the defendant or
157	157	another person on behalf of the defendant posts a bond, other than
158	158	by personal recognizance, the court may consider such fact in
159	159	determining the eligibility of is unable to post the bail, there
160	160	shall be a rebuttable presumption that the defendant is eligible for
161	161	appointment of the System ; provided, however, such consideration
162	162	shall not be the sole factor in the determination of eligibility .
163	163	If the defendant qualifies for this presumption, the applicatio n and
164	164	application fee provided for in subsection A of this section shall
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191	191	be waived. Factors that rebut such presumption shall include an
192	192	income above the poverty threshold of the state .
193	193	E. The System shall be prohibited from accepting an appointment
194	194	unless a completed application for court -appointed counsel as
195	195	provided by Form 13.3 of Section XIII of the Rules of the Court of
196	196	Criminal Appeals, 22 O.S. 2001, Ch. 18, App., has been filed of
197	197	record in the case.
198	198	SECTION 2. This act shall beco me effective November 1, 2025.
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200	200	60-1-10599 GRS 12/29/24