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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1084 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to the Oklahoma Indigent Defense
7 System; amending 22 O.S. 2021, Section 1355A, which
8 relates to application for representation by the
8 System; modifying eligibility procedures for indigent
9 representation by the Oklahoma Indigent Defense
9 System; deleting factor considered by the court when
10 determining eligibility; removing requirement for
10 payment of certain application fee; providing
11 rebuttable presumption for determining eligibility;
11 waiving application and application fee under certain
12 circumstances; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1355A, is
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17 amended to read as follows:
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18 Section 1355A. A. When an indigent requests representation by
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19 the Oklahoma Indigent Defense System, except those presumed eligible
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20 for appointment of the System as established in subsection D of this
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21 section, such person shall submit an appropriate application to the
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22 court clerk, which shall state that the application is signed under
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23 oath and under the penalty of perjury and that a false statement may
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24 be prosecuted as such. The application shall state whether or not
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Req. No. 767 Page 1
1 the indigent has been released on bond. In addition, if the
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2 indigent has been released on bond, the application shall include a
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3 written statement from the applicant that the applicant has
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4 contacted three named attorneys, licensed to practice law in this
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5 state, and the applicant has been unable to obtain legal counsel. A
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6 nonrefundable application fee of Forty Dollars ($40.00) shall be
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7 paid to the court clerk at the time the application is submitted,
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8 and no application shall be accepted without payment of the fee;
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9 except that the court may, based upon the financial information
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10 submitted, defer all or part of the fee if the court determines that
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11 the person does not have the financial resources to pay the fee at
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12 time of application, to attach as a court fee upon conviction. Any
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13 fees collected pursuant to this subsection shall be retained by the
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14 court clerk, deposited in the Court Clerk's Revolving Fund, and
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15 reported quarterly to the Administrative Office of the Courts
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16 Release on bond shall not disqualify a person from receiving
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17 representation by the System.
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18 B. 1. The Court of Criminal Appeals shall promulgate rules
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19 governing the determination of indigency pursuant to the provisions
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20 of Section 55 of Title 20 of the Oklahoma Statutes. The initial
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21 determination of indigency shall be made by the Chief Judge of the
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22 Judicial District or a designee thereof, based on the defendant's
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23 application and the rules provided herein.
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Req. No. 767 Page 2
1 2. Upon promulgation of the rules required by law, the
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2 determination of indigency shall be subject to review by the
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3 Presiding Judge of the Judicial Administrative District. Until such
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4 rules become effective, the determination of indigency shall be
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5 subject to review by the Court of Criminal Appeals.
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6 C. Before the court appoints the System based on the
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7 application, the court shall advise the indigent or, if applicable,
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8 a parent or legal guardian, that the application is signed under
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9 oath and under the penalty of perjury and that a false statement may
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10 be prosecuted as such. A copy of the application shall be sent to
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11 the prosecuting attorney or the Office of the Attorney General,
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12 whichever is appropriate, for review. Upon request by any party
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13 including, but not limited to, the attorney appointed to represent
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14 the indigent, the court shall hold a hearing on the issue of
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15 eligibility for appointment of the System.
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16 D. If the defendant is admitted to bail and the defendant or
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17 another person on behalf of the defendant posts a bond, other than
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18 by personal recognizance, the court may consider such fact in
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19 determining the eligibility of the defendant is unable to post the
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20 bail, there shall be a rebuttable presumption that the defendant is
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21 eligible for appointment of the System; provided, however, such
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22 consideration shall not be the sole factor in the determination of
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23 eligibility. Factors that rebut such presumption shall include an
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24 income above the poverty threshold of the state.
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1 E. The System shall be prohibited from accepting an appointment
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2 unless a completed application for court-appointed counsel as
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3 provided by Form 13.3 of Section XIII of the Rules of the Court of
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4 Criminal Appeals, 22 O.S. 2001, Ch. 18, App., has been filed of
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5 record in the case.
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6 SECTION 2. This act shall become effective November 1, 2025.
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8 60-1-767 TEK 1/16/2025 3:19:01 PM
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Req. No. 767 Page 4Every fact on this page links to its source, starting with the official bill record.