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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 973 By: Gollihare
AS INTRODUCED
An Act relating to debt collection; prohibiting
certain contract with private debt collectors;
amending 28 O.S. 2021, Section 153, as amended by
Section 2, Chapter 237, O.S.L. 2022 (28 O.S. Supp.
2024, Section 153), which relates to costs in
criminal cases; conforming language; repealing 19
O.S. 2021, Sections 514.4, as last amended by Section
1, Chapter 211, O.S.L. 2024 , and 514.5, as amended by
Section 2, Chapter 247, O.S.L. 2023 (19 O.S. Supp.
2024, Sections 514.4 and 514.5), which relate to the
court cost compliance program; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 23 of Title 22, unless there is
created a duplication in numbering, reads as follows:
No court nor other state entity shall c ontract with a private
debt collector or private debt collection agency to col lect
outstanding criminal fines, fees, costs, or restitution of any
individual.
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SECTION 2. AMENDATORY 28 O.S. 2021, Section 153, as
amended by Section 2 , Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2024,
Section 153), is amended to read as follows:
Section 153. A. The clerks of the courts shall collect as
costs in every criminal case for each offense of which the defendant
is convicted, irrespective of whet her or not the sentence is
deferred, the following flat charges and no more, e xcept for
standing and parking violations and for charges otherwise provided
for by law, which fee shall cover docketing of the case, filing of
all papers, issuance of process, w arrants, orders, and other
services to the date of judgment:
1. For each defendant convicted of
exceeding the speed limit by at least
one (1) mile per hour but not more than
ten (10) miles per hour, whether charged
individually or conjointly with others ...............$77.00
2. For each defendant convicted of a
misdemeanor traffic violation othe r than
an offense provided for in paragraph 1
or 5 of this subsection, whether charged
individually or conjointly with others ...............$98.00
3. For each defendant convicted of a
misdemeanor, other than for driving
under the influence of alcohol or other
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intoxicating substance or an offense
provided for in paragraph 1 or 2 of this
subsection, whether charged individually
or conjointly with others ............................ $93.00
4. For each defendant convicted of a
felony, other than for driving under the
influence of alcohol or other
intoxicating substance, whether charged
individually or conjointly with others ..............$103.00
5. For each defendant convicted of the
misdemeanor of driving under the
influence of alcohol o r other
intoxicating substance, whether charged
individually or conjointly with others ..............$433.00
6. For each defendant convicted of the
felony of driving under the influence of
alcohol or other intoxicating substance,
whether charged individually or
conjointly with others.............................. $433.00
7. For the services of a court reporter at
each preliminary hearing and trial held
in the case................................ ..........$20.00
8. For each time a jury is requested .................... $30.00
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9. A sheriff’s fee for serving or
endeavoring to serve each writ, warrant,
order, process, command, or notice or
pursuing any fugitive from justice
a. within the county........................ $50.00, or
mileage as
established by the
Oklahoma Statutes,
whichever is
greater, or
b. outside of the county .................... $50.00, or
actual, necessary
expenses, whichever
is greater
B. In addition to the amount collected pursuant to paragraphs 2
through 6 of subsection A of this section, the sum of Six Dollars
($6.00) shall be assessed and credited to the Law Library Fund
pursuant to Section 1201 et seq. of Title 20 of the Oklahoma
Statutes.
C. In addition to the amount collected pursuant to subsection A
of this section, the sum of Twenty Dollars ($20.00) shall be
assessed and collected in every traffic case for each offense other
than for driving under the influence of alcohol or ot her
intoxicating substance; the sum of Thirty Dollars ($30.00) shall be
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assessed and collected in every misdemeanor case for each offense;
the sum of Thirty Dollars ($30.00) shall be assessed and collected
in every misdemeanor case for each offense for dri ving under the
influence of alcohol or other intoxicating substance; the sum of
Fifty Dollars ($50.00) shall be assessed and collected in every
felony case for each offense; and the sum of Fifty Dollars ($50.00)
shall be assessed and collected in every fel ony case for each
offense for driving under the influence of alcohol or other
intoxicating substance.
D. In addition to the amounts collected pursuant to subsections
A and B of this section, the sum of Twenty -five Dollars ($25.00)
shall be assessed and cr edited to the Oklahoma Court Information
System Revolving Fund created pursuant to Section 1315 of Title 20
of the Oklahoma Statutes.
E. In addition to the amount collected pursuant to paragraphs 1
through 6 of subsection A of this section, the sum of Ten Dollars
($10.00) shall be assessed and credited to the Sheriff ’s Service Fee
Account in the county in which the conviction occurred for the
purpose of enhancing existing or providing additional courthouse
security.
F. In addition to the amounts collected pursuant to paragraphs
1 through 6 of subsection A of this section, the sum of Three
Dollars ($3.00) shall be assessed and credited to the Office of the
Attorney General Victim Services Unit.
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G. In addition to the amounts collected pursuant to paragraphs
1 through 6 of subsection A of this section, the sum of Three
Dollars ($3.00) shall be assessed and credited to the Child Abuse
Multidisciplinary Account. This fee shall not be used for purposes
of hiring or employing any law enforcement officers.
H. In addition to the amount collected pursuant to paragraphs 5
and 6 of subsection A of this section, the sum of Fifteen Dollars
($15.00) shall be assessed in every misdemeanor or felony case for
each offense of driving under the influence of alcohol or other
intoxicating substance and credited to the Oklahoma Impaired Driver
Database Revolving Fund created pursuant to Section 11 -902d of Title
47 of the Oklahoma Statutes.
I. Prior to conviction, parties in criminal cases shall not be
required to pay, advance, or post security for the issuance or
service of process to obtain compulsory attendance of witnesses.
J. The amounts to be assessed as court costs upon filing of a
case shall be those amounts above -stated in paragraph 3 or 4 of
subsection A and subsection s B, C, D and E of this section.
K. The fees collected pursuant to this secti on shall be
deposited into the court fund, except the following:
1. A court clerk issuing a misdemeanor warrant is entitled to
ten percent (10%) of the sheriff ’s service fee, provided for in
paragraph 9 of subsection A of this section, collected on a warrant
referred to the contractor for the misdemeanor warrant notification
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program governed by Sections 514.4 and 514.5 of Title 19 of the
Oklahoma Statutes. This ten -percent sum shall be deposited into the
issuing Court Clerk’s Revolving Fund, created pursu ant to Section
220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing
the warrant with the balance of the sheriff ’s service fee to be
deposited into the Sheriff ’s Service Fee Account, created pursuant
to the provisions of Section 514.1 of Title 19 of the Oklahoma
Statutes, of the sheriff in the county in which service is made or
attempted. Otherwise, the sheriff ’s service fee, when collected,
shall be deposited in i ts entirety into the Sheriff ’s Service Fee
Account of the sheriff in the count y in which service is made or
attempted;
2. The sheriff’s fee provided for in Section 153.2 of this
title;
3. 2. The witness fees paid by the district attorney pursuant
to the provisions of Section 82 of this title which, if collected by
the court clerk, shall be transferred to the district attorney ’s
office in the county where witness attendance was required. Fees
transferred pursuant to this paragraph shall be deposited in th e
district attorney’s maintenance and operating expense account;
4. 3. The fees provided for in subsection C of this section
shall be forwarded to the District Attorneys Council Revolving Fund
to defray the costs of prosecution; and
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5. 4. The following amounts of the fees provided for in
paragraphs 2, 3, 5 and 6 of subsection A of this section, when
collected, shall be deposited in the Trauma Care Assistance
Revolving Fund, created pursuant to the provisions of Section 1 -
2530.9 of Title 63 of the Oklahoma Statutes:
a. Ten Dollars ($10.00) of the Ninety -eight-Dollar fee
provided for in paragraph 2 of subsection A of this
section,
b. Ten Dollars ($10.00) of the Ninety -three-Dollar fee
provided for in paragraph 3 of subsection A of this
section,
c. One Hundred Dollars ($100.00) of the Four -Hundred-
Thirty-three-Dollar fee provided for in paragraph 5 of
subsection A of this section, and
d. One Hundred Dollars ($100.00) of the Four -Hundred-
Thirty-three-Dollar fee provided for in paragraph 6 of
subsection A of this section.
L. As used in this section, “convicted” means any final
adjudication of guilt, whether pursuant to a plea of guilty or nolo
contendere or otherwise, and any deferred judgment or suspended
sentence.
M. A court clerk may accept in payment for an y fee, fine,
forfeiture payment, cost, penalty assessment or other charge or
collection to be assessed or collected by a court clerk pursuant to
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this section a nationally recognized credit card or debit card or
other electronic payment method as provided i n paragraph 1 of
subsection B of Section 151 of this title.
N. Upon receipt of payment of fines and costs for offenses
charged prior to July 1, 1992, the court clerk shall apportion and
pay Thirteen Dollars ($13.00) per conviction to the court fund.
SECTION 3. REPEALER 19 O.S. 2021, Section 514.4, as last
amended by Section 1, Chapter 211, O.S.L. 2024 (19 O.S. Supp. 2024,
Section 514.4), is hereby repealed.
SECTION 4. REPEALER 19 O.S. 2021, Section 514.5, as
amended by Section 2, Chapter 247, O.S.L. 2023 (19 O.S. Supp. 2024,
Section 514.5), is hereby repealed.
SECTION 5. This act shall become effective November 1, 2025.
60-1-712 CN 1/16/2025 1:28:34 PM