Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 2089 By: Standridge
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6 AS INTRODUCED
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7 An Act relating to cities and towns; amending 11 O.S
7 2021, Sections 28-101 and 28-102, which relate to
8 municipal criminal courts of record; requiring
8 certain cities operate a court of record; increasing
9 the penalties courts of record are allowed to impose;
9 and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 11 O.S. 2021, Section 28-101, is
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14 amended to read as follows:
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15 Section 28-101. A. In cities having a population of more than
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16 sixty-five thousand (65,000) inhabitants, as determined by the
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17 latest federal census, there is hereby created a "Municipal Criminal
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18 Court of Record of the City of ___________", subject to the
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19 restrictions of subsection B of this section. References in
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20 Sections 28-101 through 28-128 of this title to the municipal
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21 criminal court of record shall mean the courts established by the
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22 provisions of this article in cities over sixty-five thousand
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23 (65,000) population.
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Req. No. 3208 Page 1
1 B. Before a municipal criminal court of record not in existence
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2 before November 1, 2004, may be created, the municipal governing
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3 body shall determine by resolution that the efficient disposition of
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4 cases involving the violation of municipal ordinances necessitates
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5 creating a court of record. If such a resolution is not adopted,
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6 the criminal court of the municipality shall remain a court not of
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7 record. The governing body shall cause a certified copy of the
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8 resolution to be filed in the office of the county clerk of each
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9 county in which the municipality is located. The resolution and the
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10 filing thereof shall be judicially noticed in all courts of this
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11 state. The provisions of this subsection shall not apply to any
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12 municipal criminal court of record created prior to November 1,
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13 2004, and such courts shall have all the powers and duties
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14 heretofore provided for such courts.
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15 SECTION 2. AMENDATORY 11 O.S. 2021, Section 28-102, is
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16 amended to read as follows:
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17 Section 28-102. A. The municipal criminal courts of record
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18 shall have original jurisdiction to hear and determine all
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19 prosecutions when a violation of any of the ordinances of the city
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20 where the court is established is charged, as provided by Article
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21 VII, Section 1 of the Oklahoma Constitution.
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22 B. In cases when the penalty provided for the violation of an
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23 ordinance is a fine in the amount of more than Five Hundred Dollars
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24 ($500.00), excluding court costs, or by imprisonment, or by both
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Req. No. 3208 Page 2
1 such fine and imprisonment, all persons charged before such
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2 municipal criminal court of record shall be entitled to a trial by
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3 jury, unless waived by the defendant. Judgment and sentence imposed
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4 by the judge shall be as effective as if the same had been rendered
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5 and imposed by a jury.
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6 C. The maximum punishment that may be levied in any municipal
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7 criminal court of record is a fine not exceeding One Thousand Two
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8 Hundred Dollars ($1,200.00) One Thousand Five Hundred Dollars
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9 ($1,500.00) and costs, an imprisonment not to exceed six (6) months
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10 one (1) year, or both such fine and imprisonment. Provided, the
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11 maximum punishment that may be levied in any municipal criminal
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12 court of record for violations of municipal traffic ordinances not
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13 including ordinances relating to driving a motor vehicle under the
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14 influence of alcohol or drugs is a fine not exceeding One Thousand
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15 Two Hundred Fifty Dollars ($1,250.00) and costs, an imprisonment not
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16 to exceed ninety (90) days, or both such fine and imprisonment. If
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17 a fine exceeding Seven Hundred Fifty Dollars ($750.00) is imposed
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18 for an alcohol-related or drug-related traffic offense, the amount
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19 in excess of Seven Hundred Fifty Dollars ($750.00) shall be used to
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20 defray costs for enforcement of laws relating to juvenile access to
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21 alcohol, other laws relating to alcohol and other intoxicating
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22 substances, and traffic-related offenses involving alcohol or other
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23 intoxicating substances. Provided, further that any municipal
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24 criminal court of record may levy a fine not to exceed One Thousand
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1 Dollars ($1,000.00) and costs, an imprisonment not to exceed six (6)
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2 months, or both such fine and imprisonment for violations of
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3 municipal ordinances regulating the pretreatment of wastewater and
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4 regulating stormwater discharges. Provided, further, that for
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5 violations of municipal ordinances relating to prostitution,
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6 including but not limited to engaging in prostitution or soliciting
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7 or procuring prostitution, any municipal criminal court of record in
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8 cities with more than two hundred thousand (200,000) in population
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9 may levy an imprisonment not to exceed six (6) months, and fines as
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10 follows: a fine not to exceed Two Thousand Five Hundred Dollars
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11 ($2,500.00) upon the first conviction for violation of any such
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12 ordinances, a fine of not more than Five Thousand Dollars
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13 ($5,000.00) upon the second conviction for violation of any of such
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14 ordinances, and a fine of not more than Seven Thousand Five Hundred
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15 Dollars ($7,500.00) upon the third or subsequent convictions for
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16 violation of any of such ordinances, or both such fine and
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17 imprisonment, as well as a term of community service of not less
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18 than forty (40) nor more than eighty (80) hours. If imprisonment is
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19 available for the offense, then that person charged shall have a
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20 right to a jury trial.
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21 D. A defendant who has been in jeopardy for the same or any
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22 lesser included offense in the municipal criminal court of record or
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23 district court shall not be prosecuted in any other court for the
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24 same or a lesser included offense.
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Req. No. 3208 Page 4
1 SECTION 3. This act shall become effective November 1, 2026.
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3 60-2-3208 YG 1/15/2026 12:25:04 PM
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Req. No. 3208 Page 5Every fact on this page links to its source, starting with the official bill record.