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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2089 By: Standridge
AS INTRODUCED
An Act relating to cities and towns; amending 11 O.S
2021, Sections 28-101 and 28-102, which relate to
municipal criminal courts of record; requiring
certain cities operate a court of record; increasing
the penalties courts of record are allowed to impose;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 28-101, is
amended to read as follows:
Section 28-101. A. In cities having a population of more than
sixty-five thousand (65,000) inhabitants, as determined by the
latest federal census, there is hereby created a “Municipal Criminal
Court of Record of the City of ___________”, subject to the
restrictions of subsection B of this section. References in
Sections 28-101 through 28-128 of this title to the municipal
criminal court of record shall mean the courts established by the
provisions of this article in cities over sixty-five thousand
(65,000) population.
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B. Before a municipal criminal court of record not in existence
before November 1, 2004, may be created, the municipal governing
body shall determine by resolution that the efficient disposition of
cases involving the violation of municipal ordinances necessitates
creating a court of record. If such a resolution is not adopted,
the criminal court of the municipality shall remain a court not of
record. The governing body shall cause a certified copy of the
resolution to be filed in the office of the county clerk of each
county in which the municipality is located. The resolution and the
filing thereof shall be judicially noticed in all courts of this
state. The provisions of this subsection shall not apply to any
municipal criminal court of record created prior to November 1,
2004, and such courts shall have all the powers and duties
heretofore provided for such courts.
SECTION 2. AMENDATORY 11 O.S. 2021, Section 28-102, is
amended to read as follows:
Section 28-102. A. The municipal criminal courts of record
shall have original jurisdiction to hear and determine all
prosecutions when a violation of any of the ordinances of the city
where the court is established is charged, as provided by Article
VII, Section 1 of the Oklahoma Constitution.
B. In cases when the penalty provided for the violation of an
ordinance is a fine in the amount of more than Five Hundred Dollars
($500.00), excluding court costs, or by imprisonment, or by both
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such fine and imprisonment, all persons charged before such
municipal criminal court of record shall be entitled to a trial by
jury, unless waived by the defendant. Judgment and sentence imposed
by the judge shall be as effective as if the same had been rendered
and imposed by a jury.
C. The maximum punishment that may be levied in any municipal
criminal court of record is a fine not exceeding One Thousand Two
Hundred Dollars ($1,200.00) One Thousand Five Hundred Dollars
($1,500.00) and costs, an imprisonment not to exceed six (6) months
one (1) year, or both such fine and imprisonment. Provided, the
maximum punishment that may be levied in any municipal criminal
court of record for violations of municipal traffic ordinances not
including ordinances relating to driving a motor vehicle under the
influence of alcohol or drugs is a fine not exceeding One Thousand
Two Hundred Fifty Dollars ($1,250.00) and costs, an imprisonment not
to exceed ninety (90) days, or both such fine and imprisonment. If
a fine exceeding Seven Hundred Fifty Dollars ($750.00) is imposed
for an alcohol-related or drug-related traffic offense, the amount
in excess of Seven Hundred Fifty Dollars ($750.00) shall be used to
defray costs for enforcement of laws relating to juvenile access to
alcohol, other laws relating to alcohol and other intoxicating
substances, and traffic-related offenses involving alcohol or other
intoxicating substances. Provided, further that any municipal
criminal court of record may levy a fine not to exceed One Thousand
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Dollars ($1,000.00) and costs, an imprisonment not to exceed six (6)
months, or both such fine and imprisonment for violations of
municipal ordinances regulating the pretreatment of wastewater and
regulating stormwater discharges. Provided, further, that for
violations of municipal ordinances relating to prostitution,
including but not limited to engaging in prostitution or soliciting
or procuring prostitution, any municipal criminal court of record in
cities with more than two hundred thousand (200,000) in population
may levy an imprisonment not to exceed six (6) months, and fines as
follows: a fine not to exceed Two Thousand Five Hundred Dollars
($2,500.00) upon the first conviction for violation of any such
ordinances, a fine of not more than Five Thousand Dollars
($5,000.00) upon the second conviction for violation of any of such
ordinances, and a fine of not more than Seven Thousand Five Hundred
Dollars ($7,500.00) upon the third or subsequent convictions for
violation of any of such ordinances, or both such fine and
imprisonment, as well as a term of community service of not less
than forty (40) nor more than eighty (80) hours. If imprisonment is
available for the offense, then that person charged shall have a
right to a jury trial.
D. A defendant who has been in jeopardy for the same or any
lesser included offense in the municipal criminal court of record or
district court shall not be prosecuted in any other court for the
same or a lesser included offense.
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SECTION 3. This act shall become effective November 1, 2026.
60-2-3208 YG 1/15/2026 12:25:04 PM