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LEGISLATIVE RESEARCH CENTER
File #: 25-1169    Name:
Type: Ordinance Status: Agenda Ready
File created: 8/11/2025 In control: Broken Arrow City Council
On agenda: 8/19/2025 Final action:
Title: Consideration, discussion and possible adoption of Ordinance No. 3892, an ordinance amending Chapter 16 Offenses - Miscellaneous, Article I In General, by adding Section 16-34, Cost arrest warrant, to the Broken Arrow Code; repealing all ordinances to the contrary; and declaring an emergency
Attachments: 1. 08-19-2025 Ordinance 3892 - Cost Arrest Warrant
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Broken Arrow City Council

Meeting of: 08-19-2025

 

Title:

title

Consideration, discussion and possible adoption of Ordinance No. 3892, an ordinance amending Chapter 16 Offenses - Miscellaneous, Article I In General, by adding Section 16-34, Cost arrest warrant, to the Broken Arrow Code; repealing all ordinances to the contrary; and declaring an emergency

End

 

Background:

 

At the close of the 59th legislative session of the State of Oklahoma, changes were made to laws surrounding Court Cost Compliance. Before individuals can be arrested and jailed for failing to pay court fines and costs, they must be given the opportunity to request a Cost Hearing to determine their ability to pay such costs.

On November 21, 2023, the City adopted Ordinance No. 3812, enacting § 16-33, creating the new offense of Failure to pay cite and release. This offense applies when an individual has been previously set on a payment plan by the Court and has not yet been given the opportunity to request a Cost Hearing. Individuals that receive this citation are given a date to appear in Court and request a Cost Hearing. If the person does not request a hearing by the new date, the Court can then issue a Cost Arrest Warrant.

In addition, Section 16-34 addresses individuals who have been arraigned and released on their own recognizance. Section 16-34 makes it a separate offense for a person to fail to comply with the terms of a court financial obligations payment plan and fails to appear for a Cost Hearing or fails to contact the Broken Arrow Municipal Court within ten (10) days of being cited for Failure to Pay Cite and Release. This additional offense will enable the elimination of several handwritten citations as the City adopts the new citation system GEOSAFE.

 

Cost:                                                                No Cost

Funding Source:                     No Source

Requested By:                      City Manager’s Office

Approved By:                      Trevor Dennis, City Attorney

Attachments:                                          Ordinance No. 3892

Recommendation:

recommend

Approve Ordinance No. 3892 and approve the emergency clause

end