Short Title: Cities and towns; jury trials; increasing fine minimum

ENROLLED HOUSE

BILL NO. 2099 By: Dank, Nance and Nations of

the House

and

Cain of the Senate

An Act relating to cities and towns; amending 11 O.S.

2001, Sections 27-119, 28-102, as last amended by

Section 6, Chapter 173, O.S.L. 2004, and 28-113 (11

O.S. Supp. 2005, Section 28-102), which relate to

municipal courts; modifying requirements for

municipal jury trials; and providing an effective

date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION

. AMENDATORY 11 O.S. 2001, Section 27-119, is

amended to read as follows:

Section 27-119. In all prosecutions in the municipal court for

any offense for which the municipality, with the concurrence of the

court, seeks imposition of a fine of more than Two Hundred Dollars

($200.00) Five Hundred Dollars ($500.00), excluding court costs, or

imprisonment, or both such fine and imprisonment, a jury trial shall

be had unless waived by the defendant and the municipality, provided

that the municipality has compiled its penal ordinances in

accordance with the provisions of Sections 14-109 and 14-110 of this

title. If the municipality has not compiled its ordinances as

provided by law, the fine shall not exceed Fifty Dollars ($50.00).

In prosecutions for all other offenses, or in cases wherein a jury

trial is waived by the defendant and the municipality, trial shall

be to the court. A jury in the municipal court shall consist of six

(6) jurors, five of whom may return a verdict. Jurors shall be good

and lawful men or women, citizens of the county in which the court

sits, having the qualifications of jurors in the district court.

SECTION

. AMENDATORY 11 O.S. 2001, Section 28-102, as

last amended by Section 6, Chapter 173, O.S.L. 2004 (11 O.S. Supp.

2005, Section 28-102), is amended to read as follows:

Section 28-102. A. The municipal criminal courts of record

shall have original jurisdiction to hear and determine all

prosecutions when a violation of any of the ordinances of the city

where the court is established is charged, as provided by Article

VII, Section 1 of the Oklahoma Constitution.

B. Except in In cases when the penalty provided for the

violation of an ordinance is a fine in the amount of Two Hundred

Dollars ($200.00) or less more than Five Hundred Dollars ($500.00),

ENR. H. B. NO. 2099 Page 2

excluding court costs, or by imprisonment, or by both such fine and

imprisonment, all persons charged before such municipal criminal

court of record shall be entitled to a trial by jury, unless waived

by the defendant. Judgment and sentence imposed by the judge shall

be as effective as if the same had been rendered and imposed by a

jury.

C. The maximum punishment that may be levied in any municipal

criminal court of record is a fine not exceeding One Thousand Two

Hundred Dollars ($1,200.00) and costs, an imprisonment not to exceed

six (6) months, or both such fine and imprisonment. Provided, the

maximum punishment that may be levied in any municipal criminal

court of record for violations of municipal traffic ordinances not

including ordinances relating to driving a motor vehicle under the

influence of alcohol or drugs is a fine not exceeding Seven Hundred

Fifty Dollars ($750.00) and costs, an imprisonment not to exceed

ninety (90) days, or both such fine and imprisonment. Provided,

further that any municipal criminal court of record may levy a fine

not to exceed One Thousand Dollars ($1,000.00) and costs, an

imprisonment not to exceed six (6) months, or both such fine and

imprisonment for violations of municipal ordinances regulating the

pretreatment of wastewater and regulating stormwater discharges.

Provided, further, that for violations of municipal ordinances

relating to prostitution, including but not limited to engaging in

prostitution or soliciting or procuring prostitution, any municipal

criminal court of record in cities with more than two hundred

thousand (200,000) in population may levy an imprisonment not to

exceed six (6) months, and fines as follows: a fine not to exceed

Two Thousand Five Hundred Dollars ($2,500.00) upon the first

conviction for violation of any such ordinances, a fine of not more

than Five Thousand Dollars ($5,000.00) upon the second conviction

for violation of any of such ordinances, and a fine of not more than

Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or

subsequent convictions for violation of any of such ordinances, or

both such fine and imprisonment, as well as a term of community

service of not less than forty (40) nor more than eighty (80) hours.

If imprisonment is available for the offense, then that person

charged shall have a right to a jury trial.

D. A defendant who has been in jeopardy for the same or any

lesser included offense in the municipal criminal court of record or

district court shall not be prosecuted in any other court for the

same or a lesser included offense.

SECTION

. AMENDATORY 11 O.S. 2001, Section 28-113, is

amended to read as follows:

Section 28-113. A. All prosecutions commenced in a municipal

criminal court of record shall be by information, pursuant to

Section 16-108 of Title 47 of the Oklahoma Statutes, for traffic

offenses and by information as in the district courts in other

cases, which shall be subscribed by the person making complaint and

shall be verified before a judge, the court clerk, or a deputy court

clerk. All prosecutions for the violation of municipal ordinances

shall be styled, "The City of _______ (naming the municipality) vs.

__________ (naming the person or persons charged)".

B. Upon receipt of a traffic ticket or complaint by the court

clerk, other than a traffic ticket which has been signed by the

arrested person as a plea of guilty, the court clerk shall either

ENR. H. B. NO. 2099 Page 3

prepare a copy of the ticket or complaint and deliver the original

or duplicate original to the municipal attorney, or record the

ticket on a list maintained in the clerk's office and deliver the

ticket to the municipal attorney for his disposition. After

disposition of the ticket by the municipal attorney, the name shall

be removed from the list by the court clerk. A traffic ticket or

complaint that is certified by the arresting officer, the

complainant, or the municipal attorney, shall constitute an

information against the person arrested and served with the traffic

ticket or complaint. The ticket or complaint shall be endorsed by

the municipal attorney before it is filed with the court clerk;

except if the person arrested and served with a traffic ticket or

complaint either at the time he is arrested or at a subsequent time

shall indicate in writing on the ticket or complaint, above his

signature, that he elects to plead guilty to the violation charged,

the traffic ticket or complaint shall be filed with the court clerk,

as an information, without the endorsement of the municipal

attorney, and it shall be the duty of the court clerk to notify the

municipal attorney as to the fact of such filing.

C. The municipal governing body, by ordinance, may prescribe a

schedule of fines for nonjury cases which a defendant may pay in

lieu of an appearance before the municipal court, and such payment

shall constitute a final determination of the cause against the

defendant; provided, however, this subsection shall not apply to

those offenses for which the penalty is a fine of more than Two

Hundred Dollars ($200.00) Five Hundred Dollars ($500.00).

SECTION

. This act shall become effective November 1, 2006.

ENR. H. B. NO. 2099 Page 4

Passed the House of Representatives the 21st day of February,

2006.

Presiding Officer of the House of

Representatives

Passed the Senate the 10th day of April, 2006.

Presiding Officer of the Senate