FEES

2022 Okla. Sess. Law Serv. Ch. 237 (H.B. 3957) (WEST)

2022 Okla. Sess. Law Serv. Ch. 237 (H.B. 3957) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
Additions are indicated by Text; deletions by
Text.
Vetoes are indicated by Text ;
stricken material by Text .
CHAPTER 237
H.B. No. 3957
FEES
An Act relating to fees; amending 28 O.S. 2021, Section 152, which relates to court fee schedule; changing funding process for courtroom interpreter services; amending 28 O.S. 2021, Section 153, which relates to costs in criminal cases; eliminating cost for services of a language interpreter; removing references to services of a language interpreter; removing restriction on dismissing or waiving costs; providing an effective date; and declaring an emergency.
SUBJECT: Fees
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 28 § 152 >>
SECTION 1. AMENDATORY 28 O.S. 2021, Section 152, is amended to read as follows:
Section 152. A. In any civil case filed in a district court, the court clerk shall collect, at the time of filing, the following flat fees, none of which shall ever be refundable, and which shall be the only charge for court costs, except as is otherwise specifically provided for by law:
1. Actions for divorce, alimony without divorce, separate maintenance, custody or support
 
 
$183.00
2. Any ancillary proceeding to modify or vacate a divorce decree providing for custody or support
 
 
$43.00
3. Probate and guardianship
 
 
$135.00
4. Annual guardianship report
 
 
$33.00
5. Any proceeding for sale or lease of real or personal property or mineral interest in probate or guardianship
 
 
$43.00
6. Any proceeding to revoke the probate of a will
 
 
$43.00
7. Judicial determination of death
 
 
$58.00
8. Adoption
 
 
$105.00
9. Civil actions for an amount of Ten Thousand Dollars ($10,000.00) or less and condemnation
 
 
$150.00
10. Civil actions for an amount of Ten Thousand One Dollars ($10,001.00) or more
 
 
$163.00
11. Garnishment
 
 
$23.00
12. Continuing wage garnishment
 
 
$63.00
13. Any other proceeding after judgment
 
 
$33.00
14. All others, including but not limited to actions for forcible entry and detainer, judgments from all other courts, including the Workers' Compensation Court
 
 
$85.00
15. Notice of renewal of judgment
 
 
$23.00
B. In addition to the amounts collected pursuant to paragraphs 1, 3, 7, 8, 9, 10 and 14 of subsection A of this section, the sum of Six Dollars ($6.00) shall be assessed and credited to the Law Library Fund.
C. 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 credited to the Oklahoma Court Information System Revolving Fund created pursuant to Section 1315 of Title 20 of the Oklahoma Statutes.
D. In addition to the amounts collected pursuant to subsection A of this section, the sum of Five Dollars ($5.00) shall be assessed and credited to the Oklahoma court-appointed special advocates (OCASA).
E. In addition to the amounts collected pursuant to subsection A of this section, the sum of Two Dollars ($2.00) shall be assessed and credited as follows:
1. One Dollar and fifty-five cents ($1.55) of such amount shall be credited to the Council on Judicial Complaints Revolving Fund; and
2. Forty-five cents ($0.45) of such amount shall be credited to the Supreme Court Revolving Fund to be used to reimburse district courts for expenses related to services of interpreters and translators. Vouchers for such expenses shall be submitted by the district court and and may be budgeted and expended by the Supreme Court for expenses lawfully incurred for providing qualified courtroom interpreter services in the district courts, for credentialing and training Oklahoma courtroom interpreters, and for any other expenditures determined by the Supreme Court to be necessary to provide language access in the district courts as required by state and federal law. Payments of expenses may be made after the claim or expense is approved by the Chief Justice of the Supreme Court or another justice designated by the Chief Justice.
F. In addition to the amounts collected pursuant to paragraphs 1, 3, 8, 9, 10 and 14 of subsection A of this section, each county may assess, upon approval by the board of county commissioners, a sum not to exceed Ten Dollars ($10.00) per case to be credited to the Sheriff's Service Fee Account in the county in which the action arose for the purpose of enhancing existing or providing additional courthouse security.
G. Until November 1, 2027, in addition to the amounts collected pursuant to subsection A of this section, the sum of Ten Dollars ($10.00) shall be assessed and credited to the Court Clerk's Records Management and Preservation Fund created in Section 31.3 of this title.
H. In any case in which a litigant claims to have a just cause of action and that, by reason of poverty, the litigant is unable to pay the fees and costs provided for in this section and is financially unable to employ counsel, upon the filing of an affidavit in forma pauperis executed before any officer authorized by law to administer oaths to that effect and upon satisfactory showing to the court that the litigant has no means and is, therefore, unable to pay the applicable fees and costs and to employ counsel, no fees or costs shall be required. The opposing party or parties may file with the court clerk of the court having jurisdiction of the cause an affidavit similarly executed contradicting the allegation of poverty. In all such cases, the court shall promptly set for hearing the determination of eligibility to litigate without payment of fees or costs. Until a final order is entered determining that the affiant is ineligible, the clerk shall permit the affiant to litigate without payment of fees or costs. Any litigant executing a false affidavit or counter affidavit pursuant to the provisions of this section shall be guilty of perjury.
I. Payments to the court clerk for fees and costs assessed pursuant to this section may be made by a nationally recognized credit or debit card or other electronic payment method as provided in paragraph 1 of subsection B of Section 151 of this title.
<< OK ST T. 28 § 153 >>
SECTION 2. AMENDATORY 28 O.S. 2021, 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 whether or not the sentence is deferred, the following flat charges and no more, except 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, warrants, 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 other 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 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 or 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
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
10. For the services of a language interpreter, other than an interpreter appointed pursuant to the provisions of the Oklahoma Interpreter for the Deaf Act, at each hearing held in the case, the actual cost of the interpreter.
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 other intoxicating substance; the sum of Thirty Dollars ($30.00) shall be 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 driving 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 felony 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 credited 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.
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 8 of Enrolled House Bill No. 3146 of the 2nd Session of the 55th Oklahoma Legislature 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 services of a language interpreter or 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 subsections B, C, D and E of this section.
K. The fees collected pursuant to this section 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 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 pursuant 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 its entirety into the Sheriff's Service Fee Account of the sheriff in the county in which service is made or attempted;
2. The sheriff's fee provided for in Section 153.2 of this title;
3. 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 the district attorney's maintenance and operating expense account;
4. 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
5. 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. Costs required to be collected pursuant to this section shall not be dismissed or waived; provided, if the court determines that a person needing the services of a language interpreter is indigent, the court may waive all or part of the costs or require the payment of costs in installments.
M. 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.
N. M. A court clerk may accept in payment for any fee, fine, forfeiture payment, cost, penalty assessment or other charge or collection to be assessed or collected by a court clerk pursuant to this section a nationally recognized credit card or debit card or other electronic payment method as provided in paragraph 1 of subsection B of Section 151 of this title.
O. 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. This act shall become effective July 1, 2022.
SECTION 4. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Approved May 9, 2022.
End of Document