Oklahoma HB 4189: Criminal procedure; prohibiting imprisonment of defendants for nonpayment of fines and costs; effective date.

Bill Text

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STATE OF OKLAHOMA

2nd Session of the 58th Legislature (2022)

HOUSE BILL 4189 By: Echols

AS INTRODUCED

An Act relating to criminal procedure; amending 11
O.S. 2021, Section 27-122, which relates to the
enforcement of payment of fines and costs by
imprisonment; prohibiting imprisonment of defendants
for nonpayment of fines and costs; amending 22 O.S.
2021, Section 983, which relates to fines and costs
in criminal cases; prohibiting imprisonment of
defendants for nonpayment of fines, costs, fees, or
assessments; authorizing courts to enter amounts due
on the district court judgement docket; providing
remedies for enforcing judgments; providing an
exception; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 27-122, is
amended to read as follows:
Section 27-122. A. If a A defendant who is financially able
refuses or neglects to pay a found guilty of violating a municipal
ordinance in any municipal court of this state shall not be
imprisoned for nonpayment of the fine or costs or both, payment may
be enforced:
1. By imprisonment until the same shall be satisfied at the
rate of Twenty-five Dollars ($25.00) per day; or

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2. In the same manner as is prescribed in subsection B of this
section for a defendant who is without means to make such payment
owed by the defendant pursuant to the municipal judgment and
sentence.
B. If the defendant is without means to pay the fine or costs,
the municipal judge may direct the total amount due to be entered
upon the court minutes and to be certified to the district court in
the county where the situs of the municipal government is located,
where it shall be entered upon the district court judgment docket
and shall have the full force and effect of a district court
judgment. The same remedies shall be available for the enforcement
of the judgment as are available to any other judgment creditor.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 983, is
amended to read as follows:
Section 983. A. Any A defendant found guilty of an offense in
any court of this state may shall not be imprisoned for nonpayment
of the fine, cost, fee, or assessment when the trial court finds
after notice and hearing that the defendant is financially able but
refuses or neglects to pay the fine, cost, fee, or assessment. A
sentence to pay a fine, cost, fee, or assessment may be converted
into a jail sentence only after a hearing and a judicial
determination, memorialized of record, that the defendant is able to
satisfy the fine, cost, fee, or assessment by payment, but refuses

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or neglects so to do owed by the defendant pursuant to the judgment
and sentence.
B. After a hearing and judicial determination that the
defendant is able to pay the fine, cost, fee, or assessment in
installments, the court may order the fine, cost, fee, or assessment
to be paid in installments and shall set the amount and date for
each installment.
C. If the defendant is without means to pay the fine, cost,
fee, or assessment, the court may direct the total amount due, or
any portion thereof, to be entered upon the court minutes and to be
certified in the district court of the county where it shall then be
entered upon the district court judgment docket and shall have the
full force and effect of a district court judgment in a civil case.
Thereupon, the same remedies shall be available for the enforcement
of the judgment as are available to enforce other judgments;
provided, however, the judgment herein prescribed shall not be
considered a debt nor dischargeable in any bankruptcy proceeding.
D. In addition, the district court or municipal court, within
one hundred twenty (120) days from the date upon which the person
was originally ordered to make payment, may send notice of
nonpayment of any court ordered fine and costs for a moving traffic
violation to the Department of Public Safety with a recommendation
of suspension of driving privileges of the defendant until the total
amount of any fine and costs has been paid. Upon receipt of payment

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of the total amount of the fine and costs for the moving traffic
violation, the court shall send notice thereof to the Department, if
a nonpayment notice was sent as provided for in this subsection.
Notices sent to the Department shall be on forms or by a method
approved by the Department.
D. E. The Court of Criminal Appeals shall implement procedures
and rules for methods of establishing payment plans of fines, costs,
fees, and assessments by indigents, which procedures and rules shall
be distributed to all district courts and municipal courts by the
Administrative Office of the