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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2127 By: Kannady
AS INTRODUCED
An Act relating to fees; amending 28 O.S. 2021,
Section 101, as amended by Section 4, Chapter 247,
O.S.L. 2023 (28 O.S. Supp. 2024, Section 101), which
relates to court financial obligations in criminal
cases; describing certain failure to pay
circumstances; requiring judgment be entered;
providing for stay of judgment under certain
circumstances; excluding certain judgment from
unenforceability provision; prohibiting imprisonment
for failure to pay; amending 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),
which relates to court cost compliance program;
adding certain judgment to court cost compliance
program; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 28 O.S. 2021, Section 101, as
amended by Section 4, Chapter 247, O.S.L. 2023 (28 O.S. Supp. 2024,
Section 101), is amended to read as follows:
Section 101. A. The fees herein provided for the clerk of the
district court and the sheriff, as provided in this section, and all
costs in the prosecution of all criminal actions shall, in case of
conviction of the defendant, be adjudged a part of the penalty of
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the offense of which the defendant may be convicted, whether the
punishment for such offense be either imprisonment, or fine, or
both, and fixed either by the verdict of the jury, or judgment of
the court, trying the case, and if the defendant shall refuse to pay
the court financial obligations, the payment of such fees and costs,
in addition to the payment of the fine assessed, shall be enforced
by imprisonment until the same shall be satisfied at a rate of up to
One Hundred Dollars ($100.00) per day of such fees and costs, or
fine, or both, or shall be satisfied at a rate of up to Two Hundred
Dollars ($200.00) per day of such fees and costs, or fine, or both,
should the defendant perform useful labor. If, at the time of
sentencing or anytime thereafter, the defendant is without either:
1. Without the means to pay in full the fine fines, fees or,
and/or costs,; or
2. Has the means to pay in full the fines, fees, and/or costs
but refuses to pay in full the fines, fees, and/or costs, the total
amount owed may shall be entered as a judgment and thereupon the
same remedies shall be available for the enforcement of the judgment
as are available to any other judgment creditor.
B. If a judgment is issued pursuant to paragraph 1 of
subsection A of this section and the defendant has executed an
installment payment agreement with the court cost compliance liaison
to pay in full the fines, fees, and/or costs, the court cost
compliance liaison shall stay all remedies available for the
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enforcement of the judgment. If the defendant fails to make an
installment payment, the stay shall be lifted without notice to the
defendant.
C. A judgment issued pursuant to this section shall not become
unenforceable as set forth in Section 735 of Title 12 of the
Oklahoma Statutes.
D. No defendant shall be imprisoned for their inability to pay
fines, fees, and/or costs.
E. The term "all costs in the prosecution of all criminal
actions", as used in this section, shall include all court financial
obligations as defined in Section 983 of Title 22 of the Oklahoma
Statutes.
SECTION 2. AMENDATORY 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 amended to read as follows:
Section 514.4. A. 1. Effective November 1, 2023, there is
hereby established a court cost compliance program. The purpose of
the program shall be to assist county sheriffs and the courts of
this state with the collection of fines, costs, fees, and
assessments associated with any case in which a warrant has been
issued or a judgment has been entered pursuant to Section 1 of this
act and the case has been referred to the court cost compliance
program pursuant to Section 983 of Title 22 of the Oklahoma
Statutes.
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2. County sheriffs of any county in this state may contract
with a statewide association of county sheriffs to administer
contracts with third parties who shall be known as court cost
compliance liaisons. The court cost compliance liaison may assist
with attempting to locate and notify persons of their outstanding
misdemeanor or cost-related warrants and recover and maintain
accounts relating to past due fines, fees, costs, and assessments.
County sheriffs contracting with a statewide association of county
sheriffs for the administration of third-party contracts may assign
their rights and duties regarding these contracts to the
association.
B. A person may make payment directly to the court, as allowed
by law, or the court cost compliance liaison, as allowed, shall be
authorized to accept payment on misdemeanor or cost-related warrants
on all cases referred pursuant to Section 983 of Title 22 of the
Oklahoma Statutes by various means including but not limited to
payment by phone, mail, or Internet, and in any payment form
including but not limited to personal, cashier's, traveler's,
certified, or guaranteed bank check, postal or commercial money
order, nationally recognized credit or a debit card, or other
generally accepted payment form. Any payment collected and received
by the court cost compliance liaison shall be paid to the court
clerk of the court that issued the warrant within fifteen (15) days
after receipt of the payment and proof of funds. Any payment
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collected and received by the court, where the court has referred
the case to a court cost compliance liaison, shall be reported to
the court cost compliance liaison within four (4) days of receipt of
the payment. Any payment returned due to insufficient funds shall
have all insufficient fund charges incurred added to the outstanding
balance of the defendant. If a credit card payment taken by a court
cost compliance liaison is determined to be a fraudulent use of the
credit card by the payor and the payment is reversed by the credit
card company or payor's bank, the court clerk shall reverse the
transaction upon notification, return the payment to the court cost
compliance liaison, and the court cost compliance liaison shall
continue the collection process until paid. The court clerk shall
add any additional fees for the reversal of the transaction plus the
administration fees to the outstanding balance of the defendant.
Court cost compliance liaisons shall inform individuals of their
right to a cost hearing as provided in Section 983 of Title 22 of
the Oklahoma Statutes.
C. As provided for by this section, a person may pay in lieu of
appearance before the court and such payment accepted by the court
shall constitute a finding of guilt as though a plea of nolo
contendere had been entered by the defendant as allowed by law and
shall function as a written, dated, and signed plea form acceptable
to the court. Such payment shall serve as a written waiver of a
jury trial.
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D. The court shall release or recall the outstanding
misdemeanor or cost-related warrant upon receipt of all sums due
pursuant to the warrant including the misdemeanor or cost-related
warrant, scheduled fine or sum due, all associated fees, costs and
statutory penalty assessments, and the administrative cost pursuant
to Section 514.5 of this title, or with a mutually agreeable monthly
payment plan and a down payment set at the discretion of the court
at an amount no less than One Hundred Dollars ($100.00) or by order
of the court. A single down payment shall be sufficient to recall
all cost-related warrants against a defendant pending in a single
jurisdiction.
E. The provisions of any contract entered into by a county
sheriff shall be administered by a statewide association of county
sheriffs in Oklahoma.
F. The provisions of this section and Section 514.5 of this
title shall be applicable to:
1. Any misdemeanor or cost-related warrant issued pursuant to
Section 983 of Title 22 of the Oklahoma Statutes or relating to any
proceeding pursuant to the State and Municipal Traffic, Water
Safety, and Wildlife Bail Bond Procedure Act;
2. Any misdemeanor or cost-related warrant issued that allows a
defendant to resolve the matter by payment in lieu of a personal
appearance in court; and
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3. Any cost-related warrant issued in a criminal case.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10644 AQH 12/06/24