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ENGROSSED HOUSE
BILL NO. 3430 By: Wilk, Manger, Humphrey, and
Pfeiffer of the House
and
Hamilton of the Senate
[ court costs - fines, costs, and fees in criminal
cases - defendants unable to pay debts - cost
judgments - court cost compliance program – default
procedures – referral - court clerks - court cost
compliance liaisons - Warning/Notice to Appear –
funds - court financial obligations in criminal
cases – judgments - stays of enforcement -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 983, as last
amended by Section 2, Chapter 211, O.S.L. 2024 (22 O.S. Supp. 2025,
Section 983), is amended to read as follows:
Section 983. A. As used in this section, unless the context
otherwise requires:
1. "Cost arrest warrant" means a warrant authorizing arrest
that is issued by a court under the following circumstances:
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a. failure to comply with the terms of a court financial
obligations payment plan,
b. failure to appear at a cost hearing or willfulness
hearing, or
c. failure to appear at the office of the court clerk of
the county in which the court financial obligation is
owed within ten (10) business days of being cited by a
law enforcement officer to appear;
2. "Cost cite and release warrant" means a warrant issued by a
court authorizing citation and release under the following
circumstances:
a. failure to comply with terms of a court financial
obligations payment plan, or
b. failure to appear at a cost hearing or willfulness
hearing;
3. "Cost hearing" means a hearing in which the court determines
the ability of a defendant to pay court financial obligations. Once
a cost hearing date has been set, all court financial obligations
shall be suspended until the cost hearing has been held;
4. "Court financial obligation" means all financial obligations
including fines, costs, fees, and assessments, imposed by the court
or required by law to be paid, excluding restitution or payments to
be made other than to the court clerk;
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5. "Payment-in-full" means a court financial payment term that
requires the defendant to pay the full amount of court financial
obligations owed within ninety (90) days of a plea or sentence in
the district court or within thirty (30) days of a plea or sentence
in the municipal court;
6. "Payment-in-installments" means payment terms for court
financial obligations that require the defendant to make monthly
payments in any amount until the amount owed is fully paid; and
7. "Willfulness hearing" means a hearing in which the court
determines whether a defendant who has previously been found to have
the ability to pay court financial obligations has willfully failed
to pay the debt.
B. 1. Except in cases provided for in Section 983b of this
title, when the judgment and sentence of a court, either in whole or
in part, imposes court financial obligations upon a defendant, the
court at the time of At sentencing may immediately, or at any point
thereafter until the debt is either paid or waived, determine the
ability of a defendant to pay the court financial obligations. The
for any criminal offense, the court may make such determinations at
a cost hearing or upon written motion or affidavit by the defendant.
The ability of a defendant to pay court financial obligations may
not impact the sentence imposed.
2. Defendants with court financial obligations who are found by
shall impose any fines, court costs, fees, and assessments
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authorized by law, subject to the provisions of paragraphs 3 and 4
of this subsection and subsection C of this section.
2. At the time of sentencing, the court to be unable to pay, in
whole or in part, shall be relieved of the debt by the court through
a hardship waiver of the court financial obligations, either in
whole or in part offer to conduct, contemporaneously with
sentencing, an ability-to-pay hearing to determine the ability of
the defendant to satisfy such financial obligations.
3. In determining the ability of a defendant to pay, the court
shall consider the following factors:
a. individual and household income,
b. household living expenses,
c. number of dependents,
d. assets,
e. child support obligations,
f. physical or mental health conditions that diminish the
ability to generate income or manage resources,
g. additional case-related expenses to be paid by the
defendant, and
h. any other factors relevant to the ability of the
defendant to pay.
4. In determining the ability of a defendant to pay, the
following shall not be considered as income or assets:
a. child support income,
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b. any monies received from a federal, state, or tribal
government need-based or disability assistance
program, or
c. assets exempt from bankruptcy.
5. Defendants in the following circumstances are presumed
unable to pay and eligible for relief under paragraph 2 of this
subsection:
a. designated as totally disabled by any federal, state,
or tribal disability services program including but
not limited to military disability, Social Security
Disability Insurance, Supplemental Security Income, or
tribal disability benefits,
b. receives support from the state, local, or federal
benefits based on indigency or receives need-based
public assistance such as Temporary Assistance for
Needy Families program, Supplemental Nutrition
Assistance Program, the Special Supplemental Nutrition
Program for Women, Infants, and Children nutrition
education and supplemental food program, or any other
federal need-based financial support,
c. receives subsidized housing support through the
Housing Choice Voucher program, the United States
Department of Housing and Urban Development, or other
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state, local, or federal government housing subsidy
program, or
d. total income is below one hundred fifty percent (150%)
of the federal poverty level.
C. 1. At the time of a plea or sentencing, the court shall
inform the defendant of the total court financial obligations owed,
the consequences of failing to pay 6. If the court financial
obligations, and finds that any of the foregoing conditions are
satisfied, the defendant may request a cost hearing if at any time
he or she is shall be presumed unable to pay the court financial
obligations, at which point the court may waive all or part of the
debt owed and the fines, court costs, fees, and assessments, shall
be waived in whole. If the total amount of court financial
obligations owed is not available at the time of the plea or
sentencing, the The court shall inform the defendant that court
financial obligations have been incurred and the time and location
where the defendant may learn of the total amount owed make written
findings to support such waiver.
2. 7. The court shall order the defendant to appear immediately
after the sentencing and ability to pay at the office of the court
clerk to provide current contact information and to either select
payment terms or request a cost in accordance to the ability to pay
hearing. Failure to immediately report to the court clerk shall
result in the full amount of court financial obligations to be due
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thirty (30) days from the date of the plea or sentencing in district
courts or thirty (30) days from the date of the plea or sentencing
in municipal courts.
3. Payment of court financial obligations may be made under the
following terms:
a. payment in full, or
b. payment in installments.
Upon any change in circumstances affecting the ability of a
defendant to pay, a defendant may request a cost hearing before the
court by contacting the court clerk.
4. The district court for each county and all municipal courts
shall provide a cost hearing for any defendant upon request, either
by establishing a dedicated docket or on an as-requested basis. A
defendant who requests a cost hearing will receive a summons by
personal service or by United States mail to appear in court as
required by subsection G of this section. If a defendant fails to
appear for a requested cost hearing, the court may issue either a
cost cite and release warrant or a cost arrest warrant. No fees
shall be assessed or collected from the defendant as a consequence
of either requesting a cost hearing or the issuing of a cost cite
and release warrant.
D. In determining the ability of the defendant to pay court
financial obligations, the court may rely on testimony, relevant
documents, and any information provided by the defendant using a
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cost hearing affidavit promulgated by the Court of Criminal Appeals.
In addition, the court may make inquiry of the defendant and
consider any other evidence or testimony concerning the ability of
the defendant to pay.
E. 1. If at the initial cost hearing or any subsequent cost
hearing, C. If neither paragraphs 3, 4, or 5 of subsection B of
this section are satisfied and the court determines that the
defendant is able has some ability to pay some or all of but not the
ability to pay the full amount, the court financial obligations, the
court may order any of the following conditions for payment:
a. payment in full,
b. payment in installments,
c. financial incentive under a set of conditions
determined by the court, or
d. community service in lieu of payment; provided, the
defendant shall receive credit for no less than two
times the amount of the minimum wage specified
pursuant to state law for each hour of community
service.
2. Any shall establish an installment plan consistent with the
financial capacity of the defendant who fails to comply with the
terms of the payment plan ordered by the court shall be considered
delinquent and the court may issue either a cost cite and release
warrant or a cost arrest warrant and may reduce the amount owed or
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impose payment in part or order community service in lieu of payment
or order the defendant to participate in another alternative
program.
F. D. If, at any later time, the court determines that a waiver
of any of the court receives credible evidence that the financial
obligations is warranted circumstances of the defendant satisfies
one or more of the criteria in paragraphs 3, 4, or 5 of subsection B
of this section, or that the circumstances described in subsection C
of this section applies, or otherwise demonstrates an inability to
pay the full remaining balance, the court shall apply the same
percentage reduction equally to all reopen the determination and may
reduce or waive the remaining fines, court costs, fees, and
assessments, excluding restitution accordingly. Nothing in this
section shall prohibit an individual from requesting a cost hearing
due to changed circumstances.
G. E. 1. A defendant is considered delinquent in the payment
of court financial obligations under the following circumstances:
a. when the total amount due has not been paid by the due
date, or
b. when no installment payments have been received in the
most recent ninety-day period and:
(1) the ability to pay was determined pursuant to
subsection C of this section in the most recent
one-hundred-twenty-day period, or
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(2) the ability to pay was not determined pursuant to
subsection B, C, or D of this section in the most
recent sixty-day period.
2. The court clerk shall periodically review cases for
delinquency at least once every six (6) three (3) months and, upon
identifying a delinquent defendant, notify the court which shall,
within ten (10) days thereafter, set a cost hearing for the court to
determine if the defendant is able to pay pursuant to the criteria
set forth in this section. The cost hearing shall be set within
forty-five (45) thirty (30) days of the issuance of the summons.
The hearing shall be set on a date that shall allow the court clerk
to issue a summons fourteen (14) days prior to the cost hearing.
Defendants shall incur no additional fees associated with the
issuance of the summons.
3. At least fourteen (14) days prior to the cost hearing, the
court clerk shall issue one summons to the defendant to be served by
United States mail to the mailing address of the defendant on file
in the case, substantially as follows:
SUMMONS
You are ORDERED to appear for a COST HEARING at a specified
time, place, and date to determine if you are financially able to
pay the fines, costs, fees, or assessments or an installment due in
Case No.__________.
YOU MUST BE PRESENT AT THE HEARING.
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At any time before the date of the cost hearing, you may contact
the court clerk and pay the amount due or request in writing or in
person prior to the court date, that the hearing be rescheduled for
no later than thirty (30) days after the scheduled time.
THIS IS NOT AN ARREST WARRANT. However, if you fail to appear
for the cost hearing or pay the amount due, the court may issue a
WARRANT and may shall refer the case to a court cost compliance
liaison which will cause an additional administrative fee of up to
thirty-five percent (35%) to be added to the amount owed and may
include additional costs imposed by the court.
4. Referrals to the court cost compliance program as provided
in subsection L of this section shall be made as follows:
a. courts shall refer a case to the court cost compliance
program upon the issuance of a cost arrest warrant,
b. courts may shall have a cost hearing when ability to
pay was determined by subsections C or D of this
section. If the defendant does not appear for the
cost hearing, the court shall refer a case to the
court cost compliance program upon the issuance of a
cost cite and release warrant; provided, the defendant
is delinquent and has had sufficient notice and
opportunity to have a cost hearing, or
c. courts may refer a case to the court cost compliance
program without the issuance of a warrant; provided,
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the defendant is delinquent and has had sufficient
notice and opportunity to have a cost hearing for
individuals with ability to pay that is not determined
pursuant to subsection B, D, or E of this section.
5. A municipal court, in lieu of mailing the summons provided
for in this subsection, may give the summons to the defendant in
person at the time of sentencing or subsequent appearance of a
specific date, time, and place, not fewer than thirty (30) days nor
more than one hundred twenty (120) days from the date of sentencing
to appear for a cost hearing if the court financial obligations
remain unpaid.
H. F. 1. If a defendant is found by a law enforcement officer
to have an outstanding cost cite and release warrant, the law
enforcement officer shall issue a Warning/Notice to appear within
ten (10) business days of release from detention on the warrant to
the court clerk of the court in which the court financial
obligations are owed. If the officer has the necessary equipment,
the officer shall immediately transmit the Warning/Notice
electronically to the court clerk of the court in which the court
financial obligations are owed. The law enforcement officer shall
not take the defendant into custody on the cite and release warrant.
If the law enforcement officer is unable to transmit the
Warning/Notice electronically to the court clerk, the officer shall
inform the appropriate department staff member within the agency of
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the law enforcement officer of the Warning/Notice within five (5)
days. The department staff member shall then promptly notify the
law enforcement agency in the jurisdiction that issued the warrant
electronically who shall promptly notify the court clerk. The
electronic communication shall be treated as a duplicate original
for all purposes in any subsequent hearings before the appropriate
court.
2. If the defendant reports to the office of the court clerk
within the ten (10) business days, the court clerk shall:
a. inform the court of the Warning/Notice to the
defendant and contact,
b. schedule a cost hearing pursuant to applicable local
court rule, and
c. submit the warrant to the court for recall pending the
cost hearing.
3. If the defendant fails to report to the office of the court
clerk within the ten (10) business days, the court:
a. may issue a cost arrest warrant for the arrest of the
defendant if the ability to pay was determined
pursuant to subsections C or D of this section, or
b. issue a cost arrest warrant for the arrest of the
defendant if the ability of the individual to pay was
not determined pursuant to subsections B, C, or D of
this section.
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4. Following an arrest on a cost arrest warrant, the defendant
must be released after seventy-two (72) twenty-four (24) hours in
custody. The defendant may be released prior to seventy-two (72)
twenty-four (24) hours if:
a. the custodian is presented with proof of payment in
the amount of One Hundred Dollars ($100.00) to each
jurisdiction where the court financial obligations are
owed and the new cost hearing date is provided,
b. the court releases the defendant on the defendant's
own recognizance and a new cost hearing date is
provided, or
c. the court conducts a cost or willfulness hearing, as
appropriate, pursuant to the provisions of this
section and determines the defendant should be
released.
5. The provisions for issuing a separate summons described in
subsection G of this section shall not apply to a municipal court if
the municipal court has previously provided actual personal notice
to the defendant of an opportunity for a cost hearing. If such
notice was given and the defendant fails to appear, the municipal
court may shall issue either a cost cite and release warrant or a
cost arrest warrant.
6. All warrants for failure to appear at a cost hearing or for
failure to pay court financial obligations which have been issued
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prior to the effective date of this act and which remain unserved,
shall be treated as cost cite and release warrants and referred to
the court cost compliance program unless the ability of the
defendant to pay was determined by subsections B, C, or D of this
section. All warrant fees assessed for warrants for failure to
appear at a cost hearing or for failure to pay court financial
obligations issued prior to the effective date of this act shall
remain in effect unless waived by the court in accordance with
subsections B, C, and D of this section.
I. G. Supporting documents in a motion or affidavit for relief
from court financial obligation debt or any documents taken into
evidence during a cost hearing or willfulness hearing shall not be
viewable by the public on a court-controlled website.
J. H. 1. After a cost hearing where a defendant is found able
to pay a court financial obligation, either in whole or in part, and
then becomes delinquent in that payment, a court may conduct a
willfulness hearing at any time beginning immediately after a cost
hearing has been held and a decision rendered on the court financial
obligations. Findings of a defendant's prior ability to pay may be
considered as evidence of ability to pay or willfulness at the
hearing. The requirements of this paragraph shall not be construed
to prohibit the court from holding subsequent cost hearings on the
same court financial obligations.
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2. At a willfulness hearing, the court shall evaluate the
following:
a. whether a cost hearing has been held previously where
evidence relating to ability to pay was presented and
the court found the defendant was able to pay the
court financial obligations, either in whole or in
part,
b. whether there is any new evidence of ability to pay
not previously considered or a change in circumstances
since the cost hearing,
c. whether the defendant was afforded sufficient time and
opportunity to fulfill the obligation to pay the court
financial obligations,
d. whether the defendant made any efforts to satisfy the
court financial obligations, and
e. whether there are any other relevant facts or
circumstances.
3. After a finding of willful failure to pay court financial
obligations, the court may impose a jail sentence pursuant to
Section 101 of Title 28 of the Oklahoma Statutes. A jail sentence
may be imposed only under the following circumstances:
a. the hearing is conducted on the record pursuant to the
rules promulgated by the Court of Criminal Appeals,
and
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b. the defendant is represented by counsel or expressly
waives his or her right to counsel.
4. If a jail sentence is imposed, the court may grant credit
for any time already served. At any time after incarceration, the
jail sentence may be satisfied upon payment in full of the
outstanding balance with credit for any time already served.
K. The district court or municipal court, within one hundred
twenty (120) days from the date upon which the person fails to
comply with the financial obligation as ordered by the court or
fails to appear for the offered cost or willfulness hearing, may, if
the defendant has previously been notified of the possibility of a
suspension, send notice of nonpayment of any court-ordered financial
obligation for a moving traffic violation to Service Oklahoma with a
recommendation of suspension of
I. No person shall have his or her driving privileges of the
defendant until the total amount of any court financial obligation
has been paid or waived by the court. Upon receipt of payment of
the total amount of the court financial obligations for the moving
traffic violation, the court shall send notice thereof to Service
Oklahoma, if a nonpayment notice was sent as provided for in this
subsection. Notices sent to Service Oklahoma shall be on forms or
by a method approved by Service Oklahoma suspended for failure to
pay fines, court costs, fees, or assessments.
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J. 1. If a defendant is referred to the court compliance
program pursuant to paragraph 4 of subsection E of this section, the
court shall enter a cost judgment pursuant to the provisions of
Section 101 of Title 28 of the Oklahoma Statutes.
2. A municipal court shall have the ability to enter a cost
judgment for cost obligations one hundred twenty (120) days after
sending notice of nonpayment of any court-ordered financial
obligation.
L. K. Every county and district court of this state shall fully
utilize and participate in the court cost compliance program. Cases
shall be referred to the court cost compliance program no more than
sixty (60) days after the court has ordered the referral pursuant to
paragraph 4 of subsection G of this section, unless the defendant
pays the amount owed on the court financial obligation or an
installment due. When the court refers a case, the updated contact
information on file shall be forwarded to a court cost compliance
liaison for collection purposes.
M. L. The Court of Criminal Appeals shall implement procedures
and rules for implementation of the requirements of this section.
Such procedures, rules, and any supplemental forms may be made
available by the Administrative Office of the Courts shall develop
standardized forms, procedural rules, and guidelines to aid courts
in conducting ability-to-pay hearings, documenting findings,
implementing reductions or waivers, and tracking compliance.
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M. The provisions of this section shall apply to all sentences
imposed on or after November 1, 2026.
SECTION 2. AMENDATORY 28 O.S. 2021, Section 101, as
amended by Section 4, Chapter 247, O.S.L. 2023 (28 O.S. Supp. 2025,
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
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 means to
pay the fine referred to the court cost compliance program pursuant
to paragraph 4 of subsection E of Section 983 of Title 22 of the
Oklahoma Statutes, then his or her fines, fees or, and court costs,
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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.
The B. As used in this section, 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 3. This act shall become effective November 1, 2026.
Passed the House of Representatives the 26th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate