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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2525 By: Hill
AS INTRODUCED
An Act relating to criminal procedure; amending 22
O.S. 2021, Section 1355A, which relates to the
Indigent Defense Act; modifying eligibili ty
procedures for indigent representation by the
Oklahoma Indigent Defense System; deleting factor
considered by the court when determining eligibility;
providing rebuttable presumption for determining
eligibility; waiving application and application fee
under certain circumstances; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 1355A, is
amended to read as follows:
Section 1355A. A. When an indigent requests representation by
the Oklahoma Indigent Defense System, except those presumed eligible
for appointment of the System as established in subsection D of this
section, such person shall submit an appropriate application to the
court clerk, which shall state that the application is signed under
oath and under the penalty of perjury and that a false statement may
be prosecuted as such. The application shall state whether or not
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the indigent has been released on bond. In addition, if the
indigent has been released Release on bond, the application shall
include a written statement from the applicant that the applicant
has contacted three named attorneys, licensed to practice law in
this state, and the applicant has been unable to obtain legal
counsel not disqualify a person from receiving representation by the
System. A nonrefundable application fee of Forty Dollars ($40.00)
shall be paid to the court clerk at the time the application is
submitted, and no application shall be accepted wi thout payment of
the fee; except that the court may, based upon the financial
information submitted, defer all or part of the fee if the court
determines that the person does not have the financial resources to
pay the fee at time of application, to attach as a court fee upon
conviction. Any fees collected pursuant to this subsecti on shall be
retained by the court clerk, deposited in the Court Clerk 's
Revolving Fund, and reported quarterly to the Administrative Office
of the Courts.
B. 1. The Court of Cr iminal Appeals shall promulgate rules
governing the determination of indigency pursuant to the provisions
of Section 55 of Title 20 of the Oklahoma Statutes. The initial
determination of indigency shall be made by the Chief Judge of the
Judicial District or a designee thereof, based on the defendant 's
application and the rules prov ided herein.
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2. Upon promulgation of the rules required by law, the
determination of indigency shall be subject to review by the
Presiding Judge of the Judicial Administrative D istrict. Until such
rules become effective, the determination of indigency shall be
subject to review by the Court of Criminal Appeals.
C. Before the court appoints the System based on the
application, the court shall advise the indigent or, if applicabl e,
a parent or legal guardian, that the application is signed under
oath and under the penalty of perjury and that a false statement may
be prosecuted as such. A copy of the application shall be sent to
the prosecuting attorney or the Office of the Attorn ey General,
whichever is appropriate, for review. Upon request by any party
including, but not limited to, the attorney appointed to represent
the indigent, the court shall hold a hearing on the issue of
eligibility for appointment of the System.
D. If the defendant is admitted to bail and the defendant or
another person on behalf of the defendant posts a bond, other than
by personal recognizance, the court may consider such fact in
determining the eligibility of is unable to post the bail, there
shall be a rebuttable presumption that the defendant is eligible for
appointment of the System ; provided, however, such consideration
shall not be the sole factor in the determination of eligibility .
If the defendant qualifies for this presumption, the applicatio n and
application fee provided for in subsection A of this section shall
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be waived. Factors that rebut such presumption shall include an
income above the poverty threshold of the state .
E. The System shall be prohibited from accepting an appointment
unless a completed application for court -appointed counsel as
provided by Form 13.3 of Section XIII of the Rules of the Court of
Criminal Appeals, 22 O.S. 2001, Ch. 18, App., has been filed of
record in the case.
SECTION 2. This act shall beco me effective November 1, 2025.
60-1-10599 GRS 12/29/24