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LEGISLATIVE RESEARCH CENTER
File #: 25-1167    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. 3891, an ordinance amending Chapter 16, Offenses - Miscellaneous, Article I, In General, amending Section 16-33, Failure to pay cite and release, of the Broken Arrow Code; repealing all ordinances to the contrary and declaring an emergency
Attachments: 1. 08-19-2025 Ordinance 3891 - Fail to Pay Cite and Release
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Broken Arrow City Council

Meeting of: 08-19-2025

 

Title:

title

Consideration, discussion and possible adoption of Ordinance No. 3891, an ordinance amending Chapter 16, Offenses - Miscellaneous, Article I, In General, amending Section 16-33, Failure to pay cite and release, of the Broken Arrow Code; repealing all ordinances to the contrary and declaring an emergency

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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.

This amendment will modify the language of § 16-33 and adopt a new ordinance to ensure there is clarity on the difference between a Failure to Pay Cite & Release Warrant and a Cost Arrest Warrant. This amendment will also ensure we are up to date with state law and the City’s 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. 3891

Recommendation:

recommend

Approve Ordinance No. 3891 and approve the emergency clause

end