1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
| |
2| STATE OF OKLAHOMA |
| |
3| 1st Session of the 60th Legislature (2025) |
| |
4|COMMITTEE SUBSTITUTE |
|FOR |
5|HOUSE BILL NO. 1460 By: West (Tammy), Deck, |
| Blancett, and Osburn of the |
6| House |
| |
7| and |
| |
8| Gollihare of the Senate |
| |
9| |
| |
10| |
| |
11| COMMITTEE SUBSTITUTE |
| |
12| [ fees fines assessment court sentences costs |
| |
13| cases offenses supervision yield effective date |
| |
14| ] |
| |
15| |
| |
16| |
| |
17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
18| SECTION 1. AMENDATORY 20 O.S. 2021, Section 1313.2, is |
| |
19|amended to read as follows: |
| |
20| Section 1313.2. A. As used in this section: |
| |
21| 1. "Arrested" means taking custody of another for the purpose |
| |
22|of holding or detaining him or her to answer a criminal charge; |
| |
23| |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 1
___________________________________________________________________________
1| 2. "Convicted" means any final adjudication of guilt, whether |
| |
2|pursuant to a plea of guilty or nolo contendere or otherwise, and |
| |
3|any deferred or suspended sentence or judgment; |
| |
4| 3. "Court" means any state or municipal court having |
| |
5|jurisdiction to impose a criminal fine or penalty; and |
| |
6| 4. "DNA" means Deoxyribonucleic deoxyribonucleic acid. |
| |
7| B. Any person convicted of an offense including traffic |
| |
8|offenses but excluding parking and standing violations, punishable |
| |
9|by a fine of Ten Dollars ($10.00) or more or by incarceration or any |
| |
10|person forfeiting bond when charged with such an offense, shall be |
| |
11|ordered by the court to pay Ten Dollars ($10.00) as a separate fee, |
| |
12|which fee shall be in addition to and not in substitution for any |
| |
13|and all fines and penalties otherwise provided for by law for such |
| |
14|offense. |
| |
15| C. 1. Any person convicted of any misdemeanor or felony |
| |
16|offense shall pay a Laboratory Analysis Fee in the amount of One |
| |
17|Hundred Fifty Dollars ($150.00) for each offense if forensic science |
| |
18|or laboratory services are rendered or administered by the Oklahoma |
| |
19|State Bureau of Investigation (OSBI), by the Toxicology Laboratory |
| |
20|of the Office of the Chief Medical Examiner or by any municipality |
| |
21|or county in connection with the case. This fee shall be in |
| |
22|addition to and not a substitution for any and all fines and |
| |
23|penalties otherwise provided for by law for this offense. |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 2
___________________________________________________________________________
1| 2. The court clerk shall cause to be deposited the amount of |
| |
2|One Hundred Fifty Dollars ($150.00) as collected, for every |
| |
3|conviction as described in this subsection. The court clerk shall |
| |
4|remit the monies in the fund on a monthly basis directly either to: |
| |
5| a. the OSBI who shall deposit the monies into the OSBI |
| |
6| Revolving Fund provided for in Section 150.19a of |
| |
7| Title 74 of the Oklahoma Statutes for services |
| |
8| rendered or administered by the OSBI, |
| |
9| b. the Office of the Chief Medical Examiner who shall |
| |
10| deposit the monies into the Chief Medical Examiner |
| |
11| Revolving Fund provided for in Section 948 of Title 63 |
| |
12| of the Oklahoma Statutes for services rendered or |
| |
13| administered by the Office of the Chief Medical |
| |
14| Examiner, or |
| |
15| c. the appropriate municipality or county for services |
| |
16| rendered or administered by a municipality or county. |
| |
17| 3. The monies from the Laboratory Analysis Fee Fund deposited |
| |
18|into the OSBI Revolving Fund shall be used for the following: |
| |
19| a. providing criminalistic laboratory services, |
| |
20| b. the purchase and maintenance of equipment for use by |
| |
21| the laboratory in performing analysis, |
| |
22| c. education, training, and scientific development of |
| |
23| OSBI personnel, and |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 3
___________________________________________________________________________
1| d. the destruction of seized property and chemicals as |
| |
2| prescribed in Sections 2-505 and 2-508 of Title 63 of |
| |
3| the Oklahoma Statutes. |
| |
4| D. Upon conviction or bond forfeiture, the court shall collect |
| |
5|the fee provided for in subsection B of this section and deposit it |
| |
6|in an account created for that purpose. Except as otherwise |
| |
7|provided in subsection E D of this section, monies shall be |
| |
8|forwarded monthly by the court clerk to the Council on Law |
| |
9|Enforcement Education and Training (CLEET). Beginning July 1, 2003, |
| |
10|deposits shall be due on the fifteenth day of each month for the |
| |
11|preceding calendar month. There shall be a late fee imposed for |
| |
12|failure to make timely deposits; provided, CLEET, in its discretion, |
| |
13|may waive all or part of the late fee. Such late fee shall be one |
| |
14|percent (1%) of the principal amount due per day beginning from the |
| |
15|tenth day after payment is due and accumulating until the late fee |
| |
16|reaches one hundred percent (100%) of the principal amount due. |
| |
17|Beginning on July 1, 1987, ninety percent (90%) of the monies |
| |
18|received by CLEET from the court clerks pursuant to this section |
| |
19|shall be deposited in the CLEET Fund, and ten percent (10%) shall be |
| |
20|deposited in the General Revenue Fund. Beginning January 1, 2001, |
| |
21|sixty and fifty-three one-hundredths percent (60.53%) of the monies |
| |
22|received by CLEET from the court clerks pursuant to this section |
| |
23|shall be deposited in the CLEET Fund created pursuant to subsection |
| |
24|G E of this section, five and eighty-three one-hundredths percent |
| |
arsid16385344 HB1460 HFLR Page 4
___________________________________________________________________________
1|(5.83%) shall be deposited in the General Revenue Fund and |
| |
2|thirty-three and sixty-four one-hundredths percent (33.64%) shall be |
| |
3|deposited in the CLEET Training Center Revolving Fund created |
| |
4|pursuant to Section 3311.6 of Title 70 of the Oklahoma Statutes. |
| |
5|Along with the deposits required by this subsection, each court |
| |
6|shall also submit a report stating the total amount of funds |
| |
7|collected and the total number of fees imposed during the preceding |
| |
8|quarter. The report may be made on computerized or manual |
| |
9|disposition reports. |
| |
10| E. D. Any municipality or county having a basic law enforcement |
| |
11|academy approved by CLEET pursuant to the criteria developed by |
| |
12|CLEET for training law enforcement officers shall retain from monies |
| |
13|collected pursuant to subsections A through D C of this section, Two |
| |
14|Dollars ($2.00) from each fee. These monies shall be deposited into |
| |
15|an account for the sole use of the municipality or county in |
| |
16|implementing its law enforcement training functions. Not more than |
| |
17|seven percent (7%) of the monies shall be used for court and |
| |
18|prosecution training. The court clerk of any such municipality or |
| |
19|county shall furnish to CLEET the report required by subsection D C |
| |
20|of this section. |
| |
21| F. 1. Any person entering a plea of guilty or nolo contendere |
| |
22|or is found guilty of the crime of misdemeanor possession of |
| |
23|marijuana or drug paraphernalia shall be ordered by the court to pay |
| |
24|a five-dollar fee, which shall be in addition to and not in |
| |
arsid16385344 HB1460 HFLR Page 5
___________________________________________________________________________
1|substitution for any and all fines and penalties otherwise provided |
| |
2|for by law for such offense. |
| |
3| 2. The court clerk shall cause to be deposited the amount of |
| |
4|Five Dollars ($5.00) as collected, for every adjudicated or |
| |
5|otherwise convicted person as described in this subsection. The |
| |
6|court clerk shall remit the monies in the fund on a monthly basis |
| |
7|directly to the Bureau of Narcotics Drug Education Revolving Fund. |
| |
8| G. E. There is hereby created in the State Treasury a fund for |
| |
9|the Council on Law Enforcement Education and Training to be |
| |
10|designated the "CLEET Fund". The fund shall be subject to |
| |
11|legislative appropriation and shall consist of any monies received |
| |
12|from fees and receipts collected pursuant to the Oklahoma Open |
| |
13|Records Act, reimbursements for parts used in the repair of weapons |
| |
14|of law enforcement officers attending the basic academies, gifts, |
| |
15|bequests, contributions, tuition, fees, devises and the assessments |
| |
16|levied pursuant to the fund pursuant to law. |
| |
17| H. 1. Any person arrested or convicted of a felony offense or |
| |
18|convicted of a misdemeanor offense of assault and battery, domestic |
| |
19|abuse, stalking, possession of a controlled substance prohibited |
| |
20|under Schedule IV of the Uniform Controlled Dangerous Substances |
| |
21|Act, outraging public decency, resisting arrest, escaping or |
| |
22|attempting to escape, eluding a police officer, Peeping Tom, |
| |
23|pointing a firearm, threatening an act of violence, breaking and |
| |
24|entering a dwelling place, destruction of property, negligent |
| |
arsid16385344 HB1460 HFLR Page 6
___________________________________________________________________________
1|homicide or causing a personal injury accident while driving under |
| |
2|the influence of any intoxicating substance shall pay a DNA fee of |
| |
3|One Hundred Fifty Dollars ($150.00). This fee shall not be |
| |
4|collected if the person has a valid DNA sample in the OSBI DNA |
| |
5|Offender Database at the time of sentencing. |
| |
6| 2. The court clerk shall cause to be deposited the amount of |
| |
7|One Hundred Fifty Dollars ($150.00) as collected for every felony |
| |
8|arrest, felony conviction or every conviction for a misdemeanor |
| |
9|offense of assault and battery, domestic abuse, stalking, possession |
| |
10|of a controlled substance prohibited under the Uniform Controlled |
| |
11|Dangerous Substances Act, outraging public decency, resisting |
| |
12|arrest, escaping or attempting to escape, eluding a police officer, |
| |
13|Peeping Tom, pointing a firearm, threatening an act of violence, |
| |
14|breaking and entering a dwelling place, destruction of property, |
| |
15|negligent homicide or causing a personal injury accident while |
| |
16|driving under the influence of any intoxicating substance as |
| |
17|described in this subsection. The court clerk shall remit the |
| |
18|monies in the fund on a monthly basis directly to the OSBI who shall |
| |
19|deposit the monies into the OSBI Revolving Fund provided for in |
| |
20|Section 150.19a of Title 74 of the Oklahoma Statutes for services |
| |
21|rendered or administered by the OSBI. |
| |
22| 3. The monies from the DNA sample fee deposited into the OSBI |
| |
23|Revolving Fund shall be used for creating, staffing and maintaining |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 7
___________________________________________________________________________
1|the OSBI DNA Laboratory and OSBI Combined DNA Index System (CODIS) |
| |
2|Database. |
| |
3| I. F. It shall be the responsibility of the court clerk to |
| |
4|account for and ensure the correctness and accuracy of payments made |
| |
5|to the state agencies identified in Sections 1313.2 through 1313.4 |
| |
6|of this title. Payments made directly to an agency by the court |
| |
7|clerk as a result of different types of assessments and fees |
| |
8|pursuant to Sections 1313.2 through 1313.4 of this title shall be |
| |
9|made monthly to each state agency. |
| |
10| SECTION 2. AMENDATORY 22 O.S. 2021, Section 991a, as |
| |
11|last amended by Section 1, Chapter 61, O.S.L. 2024 (22 O.S. Supp. |
| |
12|2024, Section 991a), is amended to read as follows: |
| |
13| Section 991a. A. Except as otherwise provided in the Elderly |
| |
14|and Incapacitated Victim's Protection Program, when a defendant is |
| |
15|convicted of a crime and no death sentence is imposed, the court |
| |
16|shall either: |
| |
17| 1. Suspend the execution of sentence in whole or in part, with |
| |
18|or without probation. The court, in addition, may order the |
| |
19|convicted defendant at the time of sentencing or at any time during |
| |
20|the suspended sentence to do one or more of the following: |
| |
21| a. to provide restitution to the victim as provided by |
| |
22| Section 991f et seq. of this title or according to a |
| |
23| schedule of payments established by the sentencing |
| |
24| court, together with interest upon any pecuniary sum |
| |
arsid16385344 HB1460 HFLR Page 8
___________________________________________________________________________
1| at the rate of twelve percent (12%) per annum, if the |
| |
2| defendant agrees to pay such restitution or, in the |
| |
3| opinion of the court, if the defendant is able to pay |
| |
4| such restitution without imposing manifest hardship on |
| |
5| the defendant or the immediate family and if the |
| |
6| extent of the damage to the victim is determinable |
| |
7| with reasonable certainty, |
| |
8| b. to reimburse any state agency for amounts paid by the |
| |
9| state agency for hospital and medical expenses |
| |
10| incurred by the victim or victims, as a result of the |
| |
11| criminal act for which such person was convicted, |
| |
12| which reimbursement shall be made directly to the |
| |
13| state agency, with interest accruing thereon at the |
| |
14| rate of twelve percent (12%) per annum, |
| |
15| c. to engage in a term of community service without |
| |
16| compensation, according to a schedule consistent with |
| |
17| the employment and family responsibilities of the |
| |
18| person convicted, |
| |
19| d. to pay a reasonable sum into any trust fund |
| |
20| established pursuant to the provisions of Sections 176 |
| |
21| through 180.4 of Title 60 of the Oklahoma Statutes and |
| |
22| which provides restitution payments by convicted |
| |
23| defendants to victims of crimes committed within this |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 9
___________________________________________________________________________
1| state wherein such victim has incurred a financial |
| |
2| loss, |
| |
3| e. to confinement in the county jail for a period not to |
| |
4| exceed six (6) months, |
| |
5| f. to confinement as provided by law together with a term |
| |
6| of post-imprisonment community supervision for not |
| |
7| less than three (3) years of the total term allowed by |
| |
8| law for imprisonment, with or without restitution; |
| |
9| provided, however, the authority of this provision is |
| |
10| limited to Section 843.5 of Title 21 of the Oklahoma |
| |
11| Statutes when the offense involved sexual abuse or |
| |
12| sexual exploitation; Sections 681, 741 and 843.1 of |
| |
13| Title 21 of the Oklahoma Statutes when the offense |
| |
14| involved sexual abuse or sexual exploitation; and |
| |
15| Sections 865 et seq., 885, 886, 888, 891, 1021, |
| |
16| 1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and |
| |
17| 1123 of Title 21 of the Oklahoma Statutes, |
| |
18| g. to repay the reward or part of the reward paid by a |
| |
19| local certified crime stoppers program and the |
| |
20| Oklahoma Reward System. In determining whether the |
| |
21| defendant shall repay the reward or part of the |
| |
22| reward, the court shall consider the ability of the |
| |
23| defendant to make the payment, the financial hardship |
| |
24| on the defendant to make the required payment and the |
| |
arsid16385344 HB1460 HFLR Page 10
___________________________________________________________________________
1| importance of the information to the prosecution of |
| |
2| the defendant as provided by the arresting officer or |
| |
3| the district attorney with due regard for the |
| |
4| confidentiality of the records of the local certified |
| |
5| crime stoppers program and the Oklahoma Reward System. |
| |
6| The court shall assess this repayment against the |
| |
7| defendant as a cost of prosecution. The term |
| |
8| "certified" means crime stoppers organizations that |
| |
9| annually meet the certification standards for crime |
| |
10| stoppers programs established by the Oklahoma Crime |
| |
11| Stoppers Association to the extent those standards do |
| |
12| not conflict with state statutes. The term "court" |
| |
13| refers to all municipal and district courts within |
| |
14| this state. The "Oklahoma Reward System" means the |
| |
15| reward program established by Section 150.18 of Title |
| |
16| 74 of the Oklahoma Statutes, |
| |
17| h. to reimburse the Oklahoma State Bureau of |
| |
18| Investigation for costs incurred by that agency during |
| |
19| its investigation of the crime for which the defendant |
| |
20| pleaded guilty, nolo contendere or was convicted |
| |
21| including compensation for laboratory, technical or |
| |
22| investigation services performed by the Bureau if, in |
| |
23| the opinion of the court, the defendant is able to pay |
| |
24| without imposing manifest hardship on the defendant, |
| |
arsid16385344 HB1460 HFLR Page 11
___________________________________________________________________________
1| and if the costs incurred by the Bureau during the |
| |
2| investigation of the defendant's case may be |
| |
3| determined with reasonable certainty, |
| |
4| i. to reimburse the Oklahoma State Bureau of |
| |
5| Investigation and any authorized law enforcement |
| |
6| agency for all costs incurred by that agency for |
| |
7| cleaning up an illegal drug laboratory site for which |
| |
8| the defendant pleaded guilty, nolo contendere or was |
| |
9| convicted. The court clerk shall collect the amount |
| |
10| and may retain five percent (5%) of such monies to be |
| |
11| deposited in the Court Clerk's Revolving Fund to cover |
| |
12| administrative costs and shall remit the remainder to |
| |
13| the Oklahoma State Bureau of Investigation to be |
| |
14| deposited in the OSBI Revolving Fund established by |
| |
15| Section 150.19a of Title 74 of the Oklahoma Statutes |
| |
16| or to the general fund wherein the other law |
| |
17| enforcement agency is located, |
| |
18| j. to pay a reasonable sum to the Crime Victims |
| |
19| Compensation Board, created by Section 142.2 et seq. |
| |
20| of Title 21 of the Oklahoma Statutes, for the benefit |
| |
21| of crime victims, |
| |
22| k. to reimburse the court fund for amounts paid to |
| |
23| court-appointed attorneys for representing the |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 12
___________________________________________________________________________
1| defendant in the case in which the person is being |
| |
2| sentenced, |
| |
3| l. to participate in an assessment and evaluation by an |
| |
4| assessment agency or assessment personnel certified by |
| |
5| the Department of Mental Health and Substance Abuse |
| |
6| Services pursuant to Section 3-460 of Title 43A of the |
| |
7| Oklahoma Statutes and, as determined by the |
| |
8| assessment, participate in an alcohol and drug |
| |
9| substance abuse course or treatment program or both, |
| |
10| pursuant to Sections 3-452 and 3-453 of Title 43A of |
| |
11| the Oklahoma Statutes, or as ordered by the court, |
| |
12| m. to be placed in a victims impact panel program, as |
| |
13| defined in subsection H of this section, or |
| |
14| victim/offender reconciliation program and payment of |
| |
15| a fee to the program of Seventy-five Dollars ($75.00) |
| |
16| as set by the governing authority of the program to |
| |
17| offset the cost of participation by the defendant. |
| |
18| Provided, each victim/offender reconciliation program |
| |
19| shall be required to obtain a written consent form |
| |
20| voluntarily signed by the victim and defendant that |
| |
21| specifies the methods to be used to resolve the |
| |
22| issues, the obligations and rights of each person and |
| |
23| the confidentiality of the proceedings. Volunteer |
| |
24| mediators and employees of a victim/offender |
| |
arsid16385344 HB1460 HFLR Page 13
___________________________________________________________________________
1| reconciliation program shall be immune from liability |
| |
2| and have rights of confidentiality as provided in |
| |
3| Section 1805 of Title 12 of the Oklahoma Statutes, |
| |
4| n. to install, at the expense of the defendant, an |
| |
5| ignition interlock device approved by the Board of |
| |
6| Tests for Alcohol and Drug Influence. The device |
| |
7| shall be installed upon every motor vehicle operated |
| |
8| by the defendant, and the court shall require that a |
| |
9| notation of this restriction be affixed to the |
| |
10| defendant's driver license. The restriction shall |
| |
11| remain on the driver license not exceeding two (2) |
| |
12| years to be determined by the court. The restriction |
| |
13| may be modified or removed only by order of the court |
| |
14| and notice of any modification order shall be given to |
| |
15| Service Oklahoma. Upon the expiration of the period |
| |
16| for the restriction, Service Oklahoma shall remove the |
| |
17| restriction without further court order. Failure to |
| |
18| comply with the order to install an ignition interlock |
| |
19| device or operating any vehicle without a device |
| |
20| during the period of restriction shall be a violation |
| |
21| of the sentence and may be punished as deemed proper |
| |
22| by the sentencing court. As used in this paragraph, |
| |
23| "ignition interlock device" means a device that, |
| |
24| without tampering or intervention by another person, |
| |
arsid16385344 HB1460 HFLR Page 14
___________________________________________________________________________
1| would prevent the defendant from operating a motor |
| |
2| vehicle if the defendant has a blood or breath alcohol |
| |
3| concentration of two-hundredths (0.02) or greater, |
| |
4| o. to be confined by electronic monitoring administered |
| |
5| and supervised by the Department of Corrections or a |
| |
6| community sentence provider, and payment of a |
| |
7| monitoring fee to the supervising authority, not to |
| |
8| exceed Three Hundred Dollars ($300.00) per month. Any |
| |
9| fees collected pursuant to this subparagraph shall be |
| |
10| deposited with the appropriate supervising authority. |
| |
11| Any willful violation of an order of the court for the |
| |
12| payment of the monitoring fee shall be a violation of |
| |
13| the sentence and may be punished as deemed proper by |
| |
14| the sentencing court. As used in this paragraph, |
| |
15| "electronic monitoring" means confinement of the |
| |
16| defendant within a specified location or locations |
| |
17| with supervision by means of an electronic device |
| |
18| approved by the Department of Corrections which is |
| |
19| designed to detect if the defendant is in the |
| |
20| court-ordered location at the required times and which |
| |
21| records violations for investigation by a qualified |
| |
22| supervisory agency or person, |
| |
23| p. to perform one or more courses of treatment, |
| |
24| education or rehabilitation for any conditions, |
| |
arsid16385344 HB1460 HFLR Page 15
___________________________________________________________________________
1| behaviors, deficiencies or disorders which may |
| |
2| contribute to criminal conduct including but not |
| |
3| limited to alcohol and substance abuse, mental health, |
| |
4| emotional health, physical health, propensity for |
| |
5| violence, antisocial behavior, personality or |
| |
6| attitudes, deviant sexual behavior, child development, |
| |
7| parenting assistance, job skills, vocational-technical |
| |
8| skills, domestic relations, literacy, education or any |
| |
9| other identifiable deficiency which may be treated |
| |
10| appropriately in the community and for which a |
| |
11| certified provider or a program recognized by the |
| |
12| court as having significant positive impact exists in |
| |
13| the community. Any treatment, education or |
| |
14| rehabilitation provider required to be certified |
| |
15| pursuant to law or rule shall be certified by the |
| |
16| appropriate state agency or a national organization, |
| |
17| q. to submit to periodic testing for alcohol, |
| |
18| intoxicating substance or controlled dangerous |
| |
19| substances by a qualified laboratory, |
| |
20| r. to pay a fee or costs for treatment, education, |
| |
21| supervision, participation in a program or any |
| |
22| combination thereof as determined by the court, based |
| |
23| upon the defendant's ability to pay the fees or costs, |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 16
___________________________________________________________________________
1| s. to be supervised by a Department of Corrections |
| |
2| employee, a private supervision provider or other |
| |
3| person designated by the court, |
| |
4| t. to obtain positive behavior modeling by a trained |
| |
5| mentor, |
| |
6| u. to serve a term of confinement in a restrictive |
| |
7| housing facility available in the community, |
| |
8| v. to serve a term of confinement in the county jail at |
| |
9| night or during weekends pursuant to Section 991a-2 of |
| |
10| this title or for work release, |
| |
11| w. to obtain employment or participate in |
| |
12| employment-related activities, |
| |
13| x. to participate in mandatory day reporting to |
| |
14| facilities or persons for services, payments, duties |
| |
15| or person-to-person contacts as specified by the |
| |
16| court, |
| |
17| y. to pay day fines not to exceed fifty percent (50%) of |
| |
18| the net wages earned. For purposes of this paragraph, |
| |
19| "day fine" means the offender is ordered to pay an |
| |
20| amount calculated as a percentage of net daily wages |
| |
21| earned. The day fine shall be paid to the local |
| |
22| community sentencing system as reparation to the |
| |
23| community. Day fines shall be used to support the |
| |
24| local system, |
| |
arsid16385344 HB1460 HFLR Page 17
___________________________________________________________________________
1| z. to submit to blood or saliva testing as required by |
| |
2| subsection I of this section, |
| |
3| aa. to repair or restore property damaged by the |
| |
4| defendant's conduct, if the court determines the |
| |
5| defendant possesses sufficient skill to repair or |
| |
6| restore the property and the victim consents to the |
| |
7| repairing or restoring of the property, |
| |
8| bb. to restore damaged property in kind or payment of |
| |
9| out-of-pocket expenses to the victim, if the court is |
| |
10| able to determine the actual out-of-pocket expenses |
| |
11| suffered by the victim, |
| |
12| cc. to attend a victim-offender reconciliation program if |
| |
13| the victim agrees to participate and the offender is |
| |
14| deemed appropriate for participation, |
| |
15| dd. in the case of a person convicted of prostitution |
| |
16| pursuant to Section 1029 of Title 21 of the Oklahoma |
| |
17| Statutes, require such person to receive counseling |
| |
18| for the behavior which may have caused such person to |
| |
19| engage in prostitution activities. Such person may be |
| |
20| required to receive counseling in areas including but |
| |
21| not limited to alcohol and substance abuse, sexual |
| |
22| behavior problems or domestic abuse or child abuse |
| |
23| problems, |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 18
___________________________________________________________________________
1| ee. in the case of a sex offender sentenced after |
| |
2| November 1, 1989, and required by law to register |
| |
3| pursuant to the Sex Offender Registration Act, the |
| |
4| court shall require the person to comply with sex |
| |
5| offender specific rules and conditions of supervision |
| |
6| established by the Department of Corrections and |
| |
7| require the person to participate in a treatment |
| |
8| program designed for the treatment of sex offenders |
| |
9| during the period of time while the offender is |
| |
10| subject to supervision by the Department of |
| |
11| Corrections. The treatment program shall include |
| |
12| polygraph examinations specifically designed for use |
| |
13| with sex offenders for purposes of supervision and |
| |
14| treatment compliance, and shall be administered not |
| |
15| less than each six (6) months during the period of |
| |
16| supervision. The examination shall be administered by |
| |
17| a certified licensed polygraph examiner. The |
| |
18| treatment program must be approved by the Department |
| |
19| of Corrections or the Department of Mental Health and |
| |
20| Substance Abuse Services. Such treatment shall be at |
| |
21| the expense of the defendant based on the defendant's |
| |
22| ability to pay, |
| |
23| ff. in addition to other sentencing powers of the court, |
| |
24| the court in the case of a defendant being sentenced |
| |
arsid16385344 HB1460 HFLR Page 19
___________________________________________________________________________
1| for a felony conviction for a violation of Section |
| |
2| 2-402 of Title 63 of the Oklahoma Statutes which |
| |
3| involves marijuana may require the person to |
| |
4| participate in a drug court program, if available. If |
| |
5| a drug court program is not available, the defendant |
| |
6| may be required to participate in a community |
| |
7| sanctions program, if available, |
| |
8| gg. in the case of a person convicted of any false or |
| |
9| bogus check violation, as defined in Section 1541.4 of |
| |
10| Title 21 of the Oklahoma Statutes, impose a fee of |
| |
11| Twenty-five Dollars ($25.00) to the victim for each |
| |
12| check, and impose a bogus check fee to be paid to the |
| |
13| district attorney. The bogus check fee paid to the |
| |
14| district attorney shall be equal to the amount |
| |
15| assessed as court costs plus Twenty-five Dollars |
| |
16| ($25.00) for each check upon filing of the case in |
| |
17| district court. This money shall be deposited in the |
| |
18| Bogus Check Restitution Program Fund as established in |
| |
19| subsection B of Section 114 of this title. |
| |
20| Additionally, the court may require the offender to |
| |
21| pay restitution and bogus check fees on any other |
| |
22| bogus check or checks that have been submitted to the |
| |
23| Bogus Check Restitution Program, and |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 20
___________________________________________________________________________
1| hh. any other provision specifically ordered by the |
| |
2| court. |
| |
3| However, any such order for restitution, community service, |
| |
4|payment to a local certified crime stoppers program, payment to the |
| |
5|Oklahoma Reward System or confinement in the county jail, or a |
| |
6|combination thereof, shall be made in conjunction with probation and |
| |
7|shall be made a condition of the suspended sentence. |
| |
8| However, unless under the supervision of the district attorney, |
| |
9|the offender shall be required to pay Forty Dollars ($40.00) per |
| |
10|month to the district attorney during the first two (2) years of |
| |
11|probation to compensate the district attorney for the costs incurred |
| |
12|during the prosecution of the offender and for the additional work |
| |
13|of verifying the compliance of the offender with the rules and |
| |
14|conditions of his or her probation. The district attorney may waive |
| |
15|any part of this requirement in the best interests of justice. The |
| |
16|court shall not waive, suspend, defer or dismiss the costs of |
| |
17|prosecution in its entirety. However, if the court determines that |
| |
18|a reduction in the fine, costs and costs of prosecution is |
| |
19|warranted, the court shall equally apply the same percentage |
| |
20|reduction to the fine, costs and costs of prosecution owed by the |
| |
21|offender; |
| |
22| 2. Impose a fine prescribed by law for the offense, with or |
| |
23|without probation or commitment and with or without restitution or |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 21
___________________________________________________________________________
1|service as provided for in this section, Section 991a-4.1 of this |
| |
2|title or Section 227 of Title 57 of the Oklahoma Statutes; |
| |
3| 3. Commit such person for confinement provided for by law with |
| |
4|or without restitution as provided for in this section; |
| |
5| 4. Order the defendant to reimburse the Oklahoma State Bureau |
| |
6|of Investigation for costs incurred by that agency during its |
| |
7|investigation of the crime for which the defendant pleaded guilty, |
| |
8|nolo contendere or was convicted including compensation for |
| |
9|laboratory, technical or investigation services performed by the |
| |
10|Bureau if, in the opinion of the court, the defendant is able to pay |
| |
11|without imposing manifest hardship on the defendant, and if the |
| |
12|costs incurred by the Bureau during the investigation of the |
| |
13|defendant's case may be determined with reasonable certainty; |
| |
14| 5. Order the defendant to reimburse the Oklahoma State Bureau |
| |
15|of Investigation for all costs incurred by that agency for cleaning |
| |
16|up an illegal drug laboratory site for which the defendant pleaded |
| |
17|guilty, nolo contendere or was convicted. The court clerk shall |
| |
18|collect the amount and may retain five percent (5%) of such monies |
| |
19|to be deposited in the Court Clerk's Revolving Fund to cover |
| |
20|administrative costs and shall remit the remainder to the Oklahoma |
| |
21|State Bureau of Investigation to be deposited in the OSBI Revolving |
| |
22|Fund established by Section 150.19a of Title 74 of the Oklahoma |
| |
23|Statutes; |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 22
___________________________________________________________________________
1| 6. In the case of nonviolent felony offenses, sentence such |
| |
2|person to the Community Service Sentencing Program; |
| |
3| 7. In addition to the other sentencing powers of the court, in |
| |
4|the case of a person convicted of operating or being in control of a |
| |
5|motor vehicle while the person was under the influence of alcohol, |
| |
6|other intoxicating substance or a combination of alcohol or another |
| |
7|intoxicating substance, or convicted of operating a motor vehicle |
| |
8|while the ability of the person to operate such vehicle was impaired |
| |
9|due to the consumption of alcohol, require such person: |
| |
10| a. to participate in an alcohol and drug assessment and |
| |
11| evaluation by an assessment agency or assessment |
| |
12| personnel certified by the Department of Mental Health |
| |
13| and Substance Abuse Services pursuant to Section 3-460 |
| |
14| of Title 43A of the Oklahoma Statutes and, as |
| |
15| determined by the assessment, participate in an |
| |
16| alcohol and drug substance abuse course or treatment |
| |
17| program or both, pursuant to Sections 3-452 and 3-453 |
| |
18| of Title 43A of the Oklahoma Statutes, |
| |
19| b. to attend a victims impact panel program, as defined |
| |
20| in subsection H of this section, and to pay a fee of |
| |
21| Seventy-five Dollars ($75.00) as set by the governing |
| |
22| authority of the program and approved by the court, to |
| |
23| the program to offset the cost of participation by the |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 23
___________________________________________________________________________
1| defendant, if in the opinion of the court the |
| |
2| defendant has the ability to pay such fee, |
| |
3| c. to both participate in the alcohol and drug substance |
| |
4| abuse course or treatment program, pursuant to |
| |
5| subparagraph a of this paragraph and attend a victims |
| |
6| impact panel program, pursuant to subparagraph b of |
| |
7| this paragraph, |
| |
8| d. to install, at the expense of the person, an ignition |
| |
9| interlock device approved by the Board of Tests for |
| |
10| Alcohol and Drug Influence, upon every motor vehicle |
| |
11| operated by such person and to require that a notation |
| |
12| of this restriction be affixed to the person's driver |
| |
13| license at the time of reinstatement of the license. |
| |
14| The restriction shall remain on the driver license for |
| |
15| such period as the court shall determine. The |
| |
16| restriction may be modified or removed by order of the |
| |
17| court and notice of the order shall be given to |
| |
18| Service Oklahoma. Upon the expiration of the period |
| |
19| for the restriction, Service Oklahoma shall remove the |
| |
20| restriction without further court order. Failure to |
| |
21| comply with the order to install an ignition interlock |
| |
22| device or operating any vehicle without such device |
| |
23| during the period of restriction shall be a violation |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 24
___________________________________________________________________________
1| of the sentence and may be punished as deemed proper |
| |
2| by the sentencing court, or |
| |
3| e. beginning January 1, 1993, to submit to electronically |
| |
4| monitored home detention administered and supervised |
| |
5| by the Department of Corrections, and to pay to the |
| |
6| Department a monitoring fee, not to exceed |
| |
7| Seventy-five Dollars ($75.00) a month, to the |
| |
8| Department of Corrections, if in the opinion of the |
| |
9| court the defendant has the ability to pay such fee. |
| |
10| Any fees collected pursuant to this subparagraph shall |
| |
11| be deposited in the Department of Corrections |
| |
12| Revolving Fund. Any order by the court for the |
| |
13| payment of the monitoring fee, if willfully disobeyed, |
| |
14| may be enforced as an indirect contempt of court; |
| |
15| 8. In addition to the other sentencing powers of the court, in |
| |
16|the case of a person convicted of prostitution pursuant to Section |
| |
17|1029 of Title 21 of the Oklahoma Statutes, require such person to |
| |
18|receive counseling for the behavior which may have caused such |
| |
19|person to engage in prostitution activities. Such person may be |
| |
20|required to receive counseling in areas including but not limited to |
| |
21|alcohol and substance abuse, sexual behavior problems or domestic |
| |
22|abuse or child abuse problems; |
| |
23| 9. In addition to the other sentencing powers of the court, in |
| |
24|the case of a person convicted of any crime related to domestic |
| |
arsid16385344 HB1460 HFLR Page 25
___________________________________________________________________________
1|abuse, as defined in Section 60.1 of this title, the court may |
| |
2|require the defendant to undergo the treatment or participate in the |
| |
3|counseling services necessary to bring about the cessation of |
| |
4|domestic abuse against the victim. The defendant may be required to |
| |
5|pay all or part of the cost of the treatment or counseling services; |
| |
6| 10. In addition to the other sentencing powers of the court, |
| |
7|the court, in the case of a sex offender sentenced after November 1, |
| |
8|1989, and required by law to register pursuant to the Sex Offenders |
| |
9|Registration Act, shall require the defendant to participate in a |
| |
10|treatment program designed specifically for the treatment of sex |
| |
11|offenders, if available. The treatment program will include |
| |
12|polygraph examinations specifically designed for use with sex |
| |
13|offenders for the purpose of supervision and treatment compliance, |
| |
14|provided the examination is administered by a certified licensed |
| |
15|polygraph examiner. The treatment program must be approved by the |
| |
16|Department of Corrections or the Department of Mental Health and |
| |
17|Substance Abuse Services. Such treatment shall be at the expense of |
| |
18|the defendant based on the ability of the defendant to pay; |
| |
19| 11. In addition to the other sentencing powers of the court, |
| |
20|the court, in the case of a person convicted of abuse or neglect of |
| |
21|a child, as defined in Section 1-1-105 of Title 10A of the Oklahoma |
| |
22|Statutes, may require the person to undergo treatment or to |
| |
23|participate in counseling services. The defendant may be required |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 26
___________________________________________________________________________
1|to pay all or part of the cost of the treatment or counseling |
| |
2|services; |
| |
3| 12. In addition to the other sentencing powers of the court, |
| |
4|the court, in the case of a person convicted of cruelty to animals |
| |
5|pursuant to Section 1685 of Title 21 of the Oklahoma Statutes, may |
| |
6|require the person to pay restitution to animal facilities for |
| |
7|medical care and any boarding costs of victimized animals; |
| |
8| 13. In addition to the other sentencing powers of the court, a |
| |
9|sex offender who is habitual or aggravated as defined by Section 584 |
| |
10|of Title 57 of the Oklahoma Statutes and who is required to register |
| |
11|as a sex offender pursuant to the Sex Offenders Registration Act |
| |
12|shall be supervised by the Department of Corrections for the |
| |
13|duration of the registration period and shall be assigned to a |
| |
14|global position monitoring device by the Department of Corrections |
| |
15|for the duration of the registration period. The cost of such |
| |
16|monitoring device shall be reimbursed by the offender; |
| |
17| 14. In addition to the other sentencing powers of the court, in |
| |
18|the case of a sex offender who is required by law to register |
| |
19|pursuant to the Sex Offenders Registration Act, the court may |
| |
20|prohibit the person from accessing or using any Internet social |
| |
21|networking website that has the potential or likelihood of allowing |
| |
22|the sex offender to have contact with any child who is under the age |
| |
23|of eighteen (18) years; |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 27
___________________________________________________________________________
1| 15. In addition to the other sentencing powers of the court, in |
| |
2|the case of a sex offender who is required by law to register |
| |
3|pursuant to the Sex Offenders Registration Act, the court shall |
| |
4|require the person to register any electronic mail address |
| |
5|information, instant message, chat or other Internet communication |
| |
6|name or identity information that the person uses or intends to use |
| |
7|while accessing the Internet or used for other purposes of social |
| |
8|networking or other similar Internet communication; or |
| |
9| 16. In addition to the other sentencing powers of the court, |
| |
10|and pursuant to the terms and conditions of a written plea |
| |
11|agreement, the court may prohibit the defendant from entering, |
| |
12|visiting or residing within the judicial district in which the |
| |
13|defendant was convicted until after completion of his or her |
| |
14|sentence; provided, however, the court shall ensure that the |
| |
15|defendant has access to those services or programs for which the |
| |
16|defendant is required to participate as a condition of probation. |
| |
17|When seeking to enter the prohibited judicial district for personal |
| |
18|business not related to his or her criminal case, the defendant |
| |
19|shall be required to obtain approval by the court. |
| |
20| B. Notwithstanding any other provision of law, any person who |
| |
21|is found guilty of a violation of any provision of Section 761 or |
| |
22|11-902 of Title 47 of the Oklahoma Statutes or any person pleading |
| |
23|guilty or nolo contendere for a violation of any provision of such |
| |
24|sections shall be ordered to participate in, prior to sentencing, an |
| |
arsid16385344 HB1460 HFLR Page 28
___________________________________________________________________________
1|alcohol and drug assessment and evaluation by an assessment agency |
| |
2|or assessment personnel certified by the Department of Mental Health |
| |
3|and Substance Abuse Services for the purpose of evaluating the |
| |
4|receptivity to treatment and prognosis of the person. The court |
| |
5|shall order the person to reimburse the agency or assessor for the |
| |
6|evaluation. The fee shall be the amount provided in subsection C of |
| |
7|Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation |
| |
8|shall be conducted at a certified assessment agency, the office of a |
| |
9|certified assessor or at another location as ordered by the court. |
| |
10|The agency or assessor shall, within seventy-two (72) hours from the |
| |
11|time the person is assessed, submit a written report to the court |
| |
12|for the purpose of assisting the court in its final sentencing |
| |
13|determination. No person, agency or facility operating an alcohol |
| |
14|and drug substance abuse evaluation program certified by the |
| |
15|Department of Mental Health and Substance Abuse Services shall |
| |
16|solicit or refer any person evaluated pursuant to this subsection |
| |
17|for any treatment program or alcohol and drug substance abuse |
| |
18|service in which such person, agency or facility has a vested |
| |
19|interest; however, this provision shall not be construed to prohibit |
| |
20|the court from ordering participation in or any person from |
| |
21|voluntarily utilizing a treatment program or alcohol and drug |
| |
22|substance abuse service offered by such person, agency or facility. |
| |
23|If a person is sentenced to the custody of the Department of |
| |
24|Corrections and the court has received a written evaluation report |
| |
arsid16385344 HB1460 HFLR Page 29
___________________________________________________________________________
1|pursuant to this subsection, the report shall be furnished to the |
| |
2|Department of Corrections with the judgment and sentence. Any |
| |
3|evaluation report submitted to the court pursuant to this subsection |
| |
4|shall be handled in a manner which will keep such report |
| |
5|confidential from the general public's review. Nothing contained in |
| |
6|this subsection shall be construed to prohibit the court from |
| |
7|ordering judgment and sentence in the event the defendant fails or |
| |
8|refuses to comply with an order of the court to obtain the |
| |
9|evaluation required by this subsection. |
| |
10| C. When sentencing a person convicted of a crime, the court |
| |
11|shall first consider a program of restitution for the victim, as |
| |
12|well as imposition of a fine or incarceration of the offender. The |
| |
13|provisions of paragraph 1 of subsection A of this section shall not |
| |
14|apply to defendants being sentenced upon their third or subsequent |
| |
15|to their third conviction of a felony. Provided, the court may |
| |
16|waive these prohibitions upon written application of the district |
| |
17|attorney. Both the application and the waiver shall be made part of |
| |
18|the record of the case. |
| |
19| D. When sentencing a person convicted of a crime, the judge |
| |
20|shall consider any victim impact statements if submitted to the |
| |
21|jury, or the judge in the event a jury is waived. |
| |
22| E. Probation, for purposes of subsection A of this section, is |
| |
23|a procedure by which a defendant found guilty of a crime, whether |
| |
24|upon a verdict or plea of guilty or upon a plea of nolo contendere, |
| |
arsid16385344 HB1460 HFLR Page 30
___________________________________________________________________________
1|is released by the court subject to conditions imposed by the court |
| |
2|and subject to supervision by the Department of Corrections, a |
| |
3|private supervision provider or other person designated by the |
| |
4|court. Such supervision shall be initiated upon an order of |
| |
5|probation from the court, and shall not exceed two (2) years, unless |
| |
6|a petition alleging a violation of any condition of deferred |
| |
7|judgment or seeking revocation of the suspended sentence is filed |
| |
8|during the supervision, or as otherwise provided by law. In the |
| |
9|case of a person convicted of a sex offense, supervision shall begin |
| |
10|immediately upon release from incarceration or if parole is granted |
| |
11|and shall not be limited to two (2) years. Provided further, any |
| |
12|supervision provided for in this section may be extended for a |
| |
13|period not to exceed the expiration of the maximum term or terms of |
| |
14|the sentence upon a determination by the court or the Division of |
| |
15|Probation and Parole of the Department of Corrections that the best |
| |
16|interests of the public and the release will be served by an |
| |
17|extended period of supervision. |
| |
18| F. The Department of Corrections, or such other agency as the |
| |
19|court may designate, shall be responsible for the monitoring and |
| |
20|administration of the restitution and service programs provided for |
| |
21|by subparagraphs a, c and d of paragraph 1 of subsection A of this |
| |
22|section, and shall ensure that restitution payments are forwarded to |
| |
23|the victim and that service assignments are properly performed. |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 31
___________________________________________________________________________
1| G. 1. The Department of Corrections is hereby authorized, |
| |
2|subject to funds available through appropriation by the Legislature, |
| |
3|to contract with counties for the administration of county Community |
| |
4|Service Sentencing Programs. |
| |
5| 2. Any offender eligible to participate in the Program pursuant |
| |
6|to this section shall be eligible to participate in a county |
| |
7|Program; provided, participation in county-funded Programs shall not |
| |
8|be limited to offenders who would otherwise be sentenced to |
| |
9|confinement with the Department of Corrections. |
| |
10| 3. The Department shall establish criteria and specifications |
| |
11|for contracts with counties for such Programs. A county may apply |
| |
12|to the Department for a contract for a county-funded Program for a |
| |
13|specific period of time. The Department shall be responsible for |
| |
14|ensuring that any contracting county complies in full with |
| |
15|specifications and requirements of the contract. The contract shall |
| |
16|set appropriate compensation to the county for services to the |
| |
17|Department. |
| |
18| 4. The Department is hereby authorized to provide technical |
| |
19|assistance to any county in establishing a Program, regardless of |
| |
20|whether the county enters into a contract pursuant to this |
| |
21|subsection. Technical assistance shall include appropriate |
| |
22|staffing, development of community resources, sponsorship, |
| |
23|supervision and any other requirements. |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 32
___________________________________________________________________________
1| 5. The Department shall annually make a report to the Governor, |
| |
2|the President Pro Tempore of the Senate and the Speaker of the House |
| |
3|on the number of such Programs, the number of participating |
| |
4|offenders, the success rates of each Program according to criteria |
| |
5|established by the Department and the costs of each Program. |
| |
6| H. As used in this section: |
| |
7| 1. "Ignition interlock device" means a device that, without |
| |
8|tampering or intervention by another person, would prevent the |
| |
9|defendant from operating a motor vehicle if the defendant has a |
| |
10|blood or breath alcohol concentration of two-hundredths (0.02) or |
| |
11|greater; |
| |
12| 2. "Electronically monitored home detention" means |
| |
13|incarceration of the defendant within a specified location or |
| |
14|locations with monitoring by means of a device approved by the |
| |
15|Department of Corrections that detects if the person leaves the |
| |
16|confines of any specified location; and |
| |
17| 3. "Victims impact panel program" means a program conducted by |
| |
18|a corporation registered with the Secretary of State in Oklahoma for |
| |
19|the sole purpose of operating a victims impact panel program. The |
| |
20|program shall include live presentations from presenters who will |
| |
21|share personal stories with participants about how alcohol, drug |
| |
22|abuse, the operation of a motor vehicle while using an electronic |
| |
23|communication device or the illegal conduct of others has personally |
| |
24|impacted the lives of the presenters. A victims impact panel |
| |
arsid16385344 HB1460 HFLR Page 33
___________________________________________________________________________
1|program shall be attended by persons who have committed the offense |
| |
2|of driving, operating or being in actual physical control of a motor |
| |
3|vehicle while under the influence of alcohol or other intoxicating |
| |
4|substance, operating a motor vehicle while the ability of the person |
| |
5|to operate such vehicle was impaired due to the consumption of |
| |
6|alcohol or any other substance or operating a motor vehicle while |
| |
7|using an electronic device or by persons who have been convicted of |
| |
8|furnishing alcoholic beverage to persons under twenty-one (21) years |
| |
9|of age, as provided in Sections 6-101 and 6-120 of Title 37A of the |
| |
10|Oklahoma Statutes. Persons attending a victims impact panel program |
| |
11|shall be required to pay a fee of Seventy-five Dollars ($75.00) to |
| |
12|the provider of the program. A certificate of completion shall be |
| |
13|issued to the person upon satisfying the attendance and fee |
| |
14|requirements of the victims impact panel program. The certificate |
| |
15|of completion shall contain the business identification number of |
| |
16|the program provider. A certified assessment agency, certified |
| |
17|assessor or provider of an alcohol and drug substance abuse course |
| |
18|shall be prohibited from providing a victims impact panel program |
| |
19|and shall further be prohibited from having any proprietary or |
| |
20|pecuniary interest in a victims impact panel program. The provider |
| |
21|of the victims impact panel program shall carry general liability |
| |
22|insurance and maintain an accurate accounting of all business |
| |
23|transactions and funds received in relation to the victims impact |
| |
24|panel program. Beginning October 1, 2020, and each October 1 |
| |
arsid16385344 HB1460 HFLR Page 34
___________________________________________________________________________
1|thereafter, the provider of the victims impact panel program shall |
| |
2|provide to the District Attorneys Council the following: |
| |
3| a. proof of registration with the Oklahoma Secretary of |
| |
4| State, |
| |
5| b. proof of general liability insurance, |
| |
6| c. end-of-year financial statements prepared by a |
| |
7| certified public accountant, |
| |
8| d. a copy of federal income tax returns filed with the |
| |
9| Internal Revenue Service, |
| |
10| e. a registration fee of One Thousand Dollars |
| |
11| ($1,000.00). The registration fee shall be deposited |
| |
12| in the District Attorneys Council Revolving Fund |
| |
13| created in Section 215.28 of Title 19 of the Oklahoma |
| |
14| Statutes, and |
| |
15| f. a statement certifying that the provider of the |
| |
16| victims impact panel program has complied with all of |
| |
17| the requirements set forth in this paragraph. |
| |
18| I. A person convicted of a felony offense or receiving any form |
| |
19|of probation for an offense in which registration is required |
| |
20|pursuant to the Sex Offenders Registration Act, shall submit to |
| |
21|deoxyribonucleic acid (DNA) testing for law enforcement |
| |
22|identification purposes in accordance with Section 150.27 of Title |
| |
23|74 of the Oklahoma Statutes and the rules promulgated by the |
| |
24|Oklahoma State Bureau of Investigation for the OSBI Combined DNA |
| |
arsid16385344 HB1460 HFLR Page 35
___________________________________________________________________________
1|Index System (CODIS) Database. Subject to the availability of |
| |
2|funds, any person convicted of a misdemeanor offense of assault and |
| |
3|battery, domestic abuse, stalking, possession of a controlled |
| |
4|substance prohibited under the Uniform Controlled Dangerous |
| |
5|Substances Act, outraging public decency, resisting arrest, escape |
| |
6|or attempting to escape, eluding a police officer, Peeping Tom, |
| |
7|pointing a firearm, threatening an act of violence, breaking and |
| |
8|entering a dwelling place, destruction of property, negligent |
| |
9|homicide or causing a personal injury accident while driving under |
| |
10|the influence of any intoxicating substance, or any alien unlawfully |
| |
11|present under federal immigration law, upon arrest, shall submit to |
| |
12|DNA testing for law enforcement identification purposes in |
| |
13|accordance with Section 150.27 of Title 74 of the Oklahoma Statutes |
| |
14|and the rules promulgated by the Oklahoma State Bureau of |
| |
15|Investigation for the OSBI Combined DNA Index System (CODIS) |
| |
16|Database. Any defendant sentenced to probation shall be required to |
| |
17|submit to testing within thirty (30) days of sentencing either to |
| |
18|the Department of Corrections or to the county sheriff or other |
| |
19|peace officer as directed by the court. Defendants who are |
| |
20|sentenced to a term of incarceration shall submit to testing in |
| |
21|accordance with Section 530.1 of Title 57 of the Oklahoma Statutes, |
| |
22|for those defendants who enter the custody of the Department of |
| |
23|Corrections or to the county sheriff, for those defendants sentenced |
| |
24|to incarceration in a county jail. Convicted individuals who have |
| |
arsid16385344 HB1460 HFLR Page 36
___________________________________________________________________________
1|previously submitted to DNA testing under this section and for whom |
| |
2|a valid sample is on file in the OSBI Combined DNA Index System |
| |
3|(CODIS) Database at the time of sentencing shall not be required to |
| |
4|submit to additional testing. Except as required by the Sex |
| |
5|Offenders Registration Act, a deferred judgment does not require |
| |
6|submission to DNA testing. |
| |
7| Any person who is incarcerated in the custody of the Department |
| |
8|of Corrections after July 1, 1996, and who has not been released |
| |
9|before January 1, 2006, shall provide a blood or saliva sample prior |
| |
10|to release. Every person subject to DNA testing after January 1, |
| |
11|2006, whose sentence does not include a term of confinement with the |
| |
12|Department of Corrections shall submit a blood or saliva sample. |
| |
13|Every person subject to DNA testing who is sentenced to unsupervised |
| |
14|probation or otherwise not supervised by the Department of |
| |
15|Corrections shall submit for blood or saliva testing to the sheriff |
| |
16|of the sentencing county. |
| |
17| J. Samples of blood or saliva for DNA testing required by |
| |
18|subsection I of this section shall be taken by employees or |
| |
19|contractors of the Department of Corrections, peace officers, or the |
| |
20|county sheriff or employees or contractors of the sheriff's office. |
| |
21|The individuals shall be properly trained to collect blood or saliva |
| |
22|samples. Persons collecting blood or saliva for DNA testing |
| |
23|pursuant to this section shall be immune from civil liabilities |
| |
24|arising from this activity. All collectors of DNA samples shall |
| |
arsid16385344 HB1460 HFLR Page 37
___________________________________________________________________________
1|ensure the collection of samples are mailed to the Oklahoma State |
| |
2|Bureau of Investigation within ten (10) days of the time the subject |
| |
3|appears for testing or within ten (10) days of the date the subject |
| |
4|comes into physical custody to serve a term of incarceration. All |
| |
5|collectors of DNA samples shall use sample kits provided by the OSBI |
| |
6|and procedures promulgated by the OSBI. Persons subject to DNA |
| |
7|testing who are not received at the Lexington Assessment and |
| |
8|Reception Center shall be required to pay a fee of Fifteen Dollars |
| |
9|($15.00) to the agency collecting the sample for submission to the |
| |
10|OSBI Combined DNA Index System (CODIS) Database. Any fees collected |
| |
11|pursuant to this subsection shall be deposited in the revolving |
| |
12|account or the service fee account of the collection agency or |
| |
13|department. |
| |
14| K. When sentencing a person who has been convicted of a crime |
| |
15|that would subject that person to the provisions of the Sex |
| |
16|Offenders Registration Act, neither the court nor the district |
| |
17|attorney shall be allowed to waive or exempt such person from the |
| |
18|registration requirements of the Sex Offenders Registration Act. |
| |
19| SECTION 3. AMENDATORY 22 O.S. 2021, Section 991c, is |
| |
20|amended to read as follows: |
| |
21| Section 991c. A. Upon a verdict or plea of guilty or upon a |
| |
22|plea of nolo contendere, but before a judgment of guilt, the court |
| |
23|may, without entering a judgment of guilt and with the consent of |
| |
24|the defendant, defer further proceedings upon the specific |
| |
arsid16385344 HB1460 HFLR Page 38
___________________________________________________________________________
1|conditions prescribed by the court not to exceed a seven-year |
| |
2|period, except as authorized under subsection B of this section. |
| |
3|The court shall first consider restitution among the various |
| |
4|conditions it may prescribe. The court may also consider ordering |
| |
5|the defendant to: |
| |
6| 1. Pay court costs; |
| |
7| 2. Pay an assessment in lieu of any fine authorized by law for |
| |
8|the offense; |
| |
9| 3. Pay any other assessment or cost authorized by law; |
| |
10| 4. Engage in a term of community service without compensation, |
| |
11|according to a schedule consistent with the employment and family |
| |
12|responsibilities of the defendant; |
| |
13| 5. County jail confinement for a period not to exceed ninety |
| |
14|(90) days or the maximum amount of jail time provided for the |
| |
15|offense, if it is less than ninety (90) days; |
| |
16| 6. Pay an amount as reimbursement for reasonable attorney fees, |
| |
17|to be paid into the court fund, if a court-appointed attorney has |
| |
18|been provided to the defendant; |
| |
19| 7. Be supervised in the community for a period not to exceed |
| |
20|eighteen (18) months, unless a petition alleging violation of any |
| |
21|condition of deferred judgment is filed during the period of |
| |
22|supervision. As a condition of any supervision, the defendant shall |
| |
23|be required to pay a supervision fee of Forty Dollars ($40.00) per |
| |
24|month. The supervision fee shall be waived in whole or part by the |
| |
arsid16385344 HB1460 HFLR Page 39
___________________________________________________________________________
1|supervisory agency when the accused is indigent. Any fees collected |
| |
2|by the district attorney pursuant to this paragraph shall be |
| |
3|deposited in the General Revenue Fund of the State Treasury. No |
| |
4|person shall be denied supervision based solely on the inability of |
| |
5|the person to pay a fee; |
| |
6| 8. Pay into the court fund a monthly amount not exceeding Forty |
| |
7|Dollars ($40.00) per month during any period during which the |
| |
8|proceedings are deferred when the defendant is not to be supervised |
| |
9|in the community. The total amount to be paid into the court fund |
| |
10|shall be established by the court and shall not exceed the amount of |
| |
11|the maximum fine authorized by law for the offense; |
| |
12| 9. Make other reparations to the community or victim as |
| |
13|required and deemed appropriate by the court; |
| |
14| 10. Order any conditions which can be imposed for a suspended |
| |
15|sentence pursuant to paragraph 1 of subsection A of Section 991a of |
| |
16|this title; or |
| |
17| 11. Any combination of the above provisions. |
| |
18| However, unless under the supervision of the district attorney, |
| |
19|the offender shall be required to pay Forty Dollars ($40.00) per |
| |
20|month to the district attorney during the first two (2) years of |
| |
21|probation to compensate the district attorney for the costs incurred |
| |
22|during the prosecution of the offender and for the additional work |
| |
23|of verifying the compliance of the offender with the rules and |
| |
24|conditions of his or her probation. The district attorney may waive |
| |
arsid16385344 HB1460 HFLR Page 40
___________________________________________________________________________
1|any part of this requirement in the best interests of justice. The |
| |
2|court shall not waive, suspend, defer or dismiss the costs of |
| |
3|prosecution in its entirety. However, if the court determines that |
| |
4|a reduction in the fine, costs and costs of prosecution is |
| |
5|warranted, the court shall equally apply the same percentage |
| |
6|reduction to the fine, costs and costs of prosecution owed by the |
| |
7|offender. Any fees collected by the district attorney pursuant to |
| |
8|this paragraph shall be deposited in the General Revenue Fund of the |
| |
9|State Treasury. |
| |
10|
1|facility or qualified practitioner certified by the Department of |
| |
2|Mental Health and Substance Abuse Services for the purpose of |
| |
3|evaluating the receptivity to treatment and prognosis of the person. |
| |
4| The court shall order the person to reimburse the facility or |
| |
5|qualified practitioner for the evaluation. The Department of Mental |
| |
6|Health and Substance Abuse Services shall establish a fee schedule, |
| |
7|based upon the ability of a person to pay, provided the fee for an |
| |
8|evaluation shall not exceed Seventy-five Dollars ($75.00). The |
| |
9|evaluation shall be conducted at a certified facility, the office of |
| |
10|a qualified practitioner or at another location as ordered by the |
| |
11|court. The facility or qualified practitioner shall, within |
| |
12|seventy-two (72) hours from the time the person is assessed, submit |
| |
13|a written report to the court for the purpose of assisting the court |
| |
14|in its determination of conditions for deferred sentence. No |
| |
15|person, agency or facility operating an alcohol and drug substance |
| |
16|abuse evaluation program certified by the Department of Mental |
| |
17|Health and Substance Abuse Services shall solicit or refer any |
| |
18|person evaluated pursuant to this subsection for any treatment |
| |
19|program or alcohol and drug substance abuse service in which the |
| |
20|person, agency or facility has a vested interest; however, this |
| |
21|provision shall not be construed to prohibit the court from ordering |
| |
22|participation in or any person from voluntarily utilizing a |
| |
23|treatment program or alcohol and drug substance abuse service |
| |
24|offered by such person, agency or facility. Any evaluation report |
| |
arsid16385344 HB1460 HFLR Page 42
___________________________________________________________________________
1|submitted to the court pursuant to this subsection shall be handled |
| |
2|in a manner which will keep the report confidential from review by |
| |
3|the general public. Nothing contained in this subsection shall be |
| |
4|construed to prohibit the court from ordering judgment and sentence |
| |
5|in the event the defendant fails or refuses to comply with an order |
| |
6|of the court to obtain the evaluation required by this subsection. |
| |
7|As used in this subsection, "qualified practitioner" means a person |
| |
8|with at least a bachelor's degree in substance abuse treatment, |
| |
9|mental health or a related health care field and at least two (2) |
| |
10|years of experience in providing alcohol abuse treatment, other drug |
| |
11|abuse treatment, or both alcohol and other drug abuse treatment who |
| |
12|is certified each year by the Department of Mental Health and |
| |
13|Substance Abuse Services to provide these assessments. However, any |
| |
14|person who does not meet the requirements for a qualified |
| |
15|practitioner as defined herein, but who has been previously |
| |
16|certified by the Department of Mental Health and Substance Abuse |
| |
17|Services to provide alcohol or drug treatment or assessments, shall |
| |
18|be considered a qualified practitioner provided all education, |
| |
19|experience and certification requirements stated herein are met by |
| |
20|September 1, 1995. The court may also require the person to |
| |
21|participate in one or both of the following: |
| |
22| 1. An alcohol and drug substance abuse course, pursuant to |
| |
23|Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 43
___________________________________________________________________________
1| 2. A victims impact panel program, as defined in subsection H |
| |
2|of Section 991a of this title, if such a program is offered in the |
| |
3|county where the judgment is rendered. The defendant shall be |
| |
4|required to pay a fee of Seventy-five Dollars ($75.00) as set by the |
| |
5|governing authority of the program and approved by the court to the |
| |
6|victims impact panel program to offset the cost of participation by |
| |
7|the defendant, if in the opinion of the court the defendant has the |
| |
8|ability to pay such fee. |
| |
9| D. Upon completion of the conditions of the deferred judgment, |
| |
10|and upon a finding by the court that the conditions have been met |
| |
11|and all fines, fees, and monetary assessments have been paid as |
| |
12|ordered, the defendant shall be discharged without a court judgment |
| |
13|of guilt, and the court shall order the verdict or plea of guilty or |
| |
14|plea of nolo contendere to be expunged from the record and the |
| |
15|charge shall be dismissed with prejudice to any further action. The |
| |
16|procedure to expunge the record of the defendant shall be as |
| |
17|follows: |
| |
18| 1. All references to the name of the defendant shall be deleted |
| |
19|from the docket sheet; |
| |
20| 2. The public index of the filing of the charge shall be |
| |
21|expunged by deletion, mark-out or obliteration; |
| |
22| 3. Upon expungement, the court clerk shall keep a separate |
| |
23|confidential index of case numbers and names of defendants which |
| |
24|have been obliterated pursuant to the provisions of this section; |
| |
arsid16385344 HB1460 HFLR Page 44
___________________________________________________________________________
1| 4. No information concerning the confidential file shall be |
| |
2|revealed or released, except upon written order of a judge of the |
| |
3|district court or upon written request by the named defendant to the |
| |
4|court clerk for the purpose of updating the criminal history record |
| |
5|of the defendant with the Oklahoma State Bureau of Investigation; |
| |
6|and |
| |
7| 5. Defendants qualifying under Section 18 of this title may |
| |
8|petition the court to have the filing of the indictment and the |
| |
9|dismissal expunged from the public index and docket sheet. This |
| |
10|section shall not be mutually exclusive of Section 18 of this title. |
| |
11| Records expunged pursuant to this subsection shall be sealed to |
| |
12|the public but not to law enforcement agencies for law enforcement |
| |
13|purposes. Records expunged pursuant to this subsection shall be |
| |
14|admissible in any subsequent criminal prosecution to prove the |
| |
15|existence of a prior conviction or prior deferred judgment without |
| |
16|the necessity of a court order requesting the unsealing of such |
| |
17|records. |
| |
18| E. The provisions of subsection D of this section shall be |
| |
19|retroactive. |
| |
20| F. Whenever a judgment has been deferred by the court according |
| |
21|to the provisions of this section, deferred judgment may not be |
| |
22|accelerated for any technical violation unless a petition setting |
| |
23|forth the grounds for such acceleration is filed by the district |
| |
24|attorney with the clerk of the sentencing court and competent |
| |
arsid16385344 HB1460 HFLR Page 45
___________________________________________________________________________
1|evidence justifying the acceleration of the judgment is presented to |
| |
2|the court at a hearing to be held for that purpose. The hearing |
| |
3|shall be held not more than twenty (20) days after the entry of the |
| |
4|plea of not guilty to the petition, unless waived by both the state |
| |
5|and the defendant. Any acceleration of a deferred sentence based on |
| |
6|a technical violation shall not exceed ninety (90) days for a first |
| |
7|acceleration or five (5) years for a second or subsequent |
| |
8|acceleration. |
| |
9| G. Upon any violation of the deferred judgment, other than a |
| |
10|technical violation, the court may enter a judgment of guilt and |
| |
11|proceed as provided in Section 991a of this title or may modify any |
| |
12|condition imposed. Provided, however, if the deferred judgment is |
| |
13|for a felony offense, and the defendant commits another felony |
| |
14|offense, the defendant shall not be allowed bail pending appeal. |
| |
15| H. The deferred judgment procedure described in this section |
| |
16|shall apply only to defendants who have not been previously |
| |
17|convicted of a felony offense and have not received more than one |
| |
18|deferred judgment for a felony offense within the ten (10) years |
| |
19|previous to the commission of the pending offense. |
| |
20| Provided, the court may waive this prohibition upon written |
| |
21|application of the district attorney. Both the application and the |
| |
22|waiver shall be made a part of the record of the case. |
| |
23| I. The deferred judgment procedure described in this section |
| |
24|shall not apply to defendants found guilty or who plead guilty or |
| |
arsid16385344 HB1460 HFLR Page 46
___________________________________________________________________________
1|nolo contendere to a sex offense required by law to register |
| |
2|pursuant to the Sex Offenders Registration Act. |
| |
3| J. All defendants who are supervised pursuant to this section |
| |
4|shall be subject to the sanction process as established in |
| |
5|subsection D of Section 991b of this title. |
| |
6| K. Notwithstanding the provisions of subsections F and G of |
| |
7|this section, a person who is being considered for an acceleration |
| |
8|of a deferred judgment for an offense where the penalty has |
| |
9|subsequently been lowered to a misdemeanor shall only be subject to |
| |
10|a judgment and sentence that would have been applicable had he or |
| |
11|she committed the offense after July 1, 2017. |
| |
12| SECTION 4. AMENDATORY 28 O.S. 2021, Section 153, as |
| |
13|amended by Section 2, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2024, |
| |
14|Section 153), is amended to read as follows: |
| |
15| Section 153. A. The clerks of the courts shall collect as |
| |
16|costs in every criminal case for each offense of which the defendant |
| |
17|is convicted, irrespective of whether or not the sentence is |
| |
18|deferred, the following flat charges and no more, except for |
| |
19|standing and parking violations and for charges otherwise provided |
| |
20|for by law, which fee shall cover docketing of the case, filing of |
| |
21|all papers, issuance of process, warrants, orders, and other |
| |
22|services to the date of judgment: |
| |
23| 1. For each defendant convicted of |
| |
24| exceeding the speed limit by at least |
| |
arsid16385344 HB1460 HFLR Page 47
___________________________________________________________________________
1| one (1) mile per hour but not more than |
| |
2| ten (10) miles per hour, whether charged |
| |
3| individually or conjointly with others |
| |
4| $77.00 |
| |
5| 2. For each defendant convicted of a |
| |
6| misdemeanor traffic violation other than |
| |
7| an offense provided for in paragraph 1 |
| |
8| or 5 of this subsection, whether charged |
| |
9| individually or conjointly with others |
| |
10| $98.00 |
| |
11| 3. For each defendant convicted of a |
| |
12| misdemeanor, other than for driving |
| |
13| under the influence of alcohol or other |
| |
14| intoxicating substance or an offense |
| |
15| provided for in paragraph 1 or 2 of this |
| |
16| subsection, whether charged individually |
| |
17| or conjointly with others $93.00 |
| |
18| 4. For each defendant convicted of a |
| |
19| felony, other than for driving under the |
| |
20| influence of alcohol or other |
| |
21| intoxicating substance, whether charged |
| |
22| individually or conjointly with others |
| |
23| $103.00 |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 48
___________________________________________________________________________
1| 5. For each defendant convicted of the |
| |
2| misdemeanor of driving under the |
| |
3| influence of alcohol or other |
| |
4| intoxicating substance, whether charged |
| |
5| individually or conjointly with others |
| |
6| $433.00 |
| |
7| 6. For each defendant convicted of the |
| |
8| felony of driving under the influence of |
| |
9| alcohol or other intoxicating substance, |
| |
10| whether charged individually or |
| |
11| conjointly with others $433.00 |
| |
12| 7. For the services of a court reporter at |
| |
13| each preliminary hearing and trial held |
| |
14| in the case $20.00 |
| |
15| 8. For each time a jury is requested $30.00 |
| |
16| 9. A sheriff's fee for serving or |
| |
17| endeavoring to serve each writ, warrant, |
| |
18| order, process, command, or notice or |
| |
19| pursuing any fugitive from justice |
| |
20| a. within the county |
| |
21| $50.00, or |
| |
22| mileage as |
| |
23| established by the |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 49
___________________________________________________________________________
1| Oklahoma Statutes, |
| |
2| whichever is |
| |
3| greater, or |
| |
4| b. outside of the county |
| |
5| $50.00, or |
| |
6| actual, necessary |
| |
7| expenses, |
| |
8| whichever is |
| |
9| greater |
| |
10| B. In addition to the amount collected pursuant to paragraphs 2 |
| |
11|through 6 of subsection A of this section, the sum of Six Dollars |
| |
12|($6.00) shall be assessed and credited to the Law Library Fund |
| |
13|pursuant to Section 1201 et seq. of Title 20 of the Oklahoma |
| |
14|Statutes. |
| |
15| C. In addition to the amount collected pursuant to subsection A |
| |
16|of this section, the sum of Twenty Dollars ($20.00) shall be |
| |
17|assessed and collected in every traffic case for each offense other |
| |
18|than for driving under the influence of alcohol or other |
| |
19|intoxicating substance; the sum of Thirty Dollars ($30.00) shall be |
| |
20|assessed and collected in every misdemeanor case for each offense; |
| |
21|the sum of Thirty Dollars ($30.00) shall be assessed and collected |
| |
22|in every misdemeanor case for each offense for driving under the |
| |
23|influence of alcohol or other intoxicating substance; the sum of |
| |
24|Fifty Dollars ($50.00) shall be assessed and collected in every |
| |
arsid16385344 HB1460 HFLR Page 50
___________________________________________________________________________
1|felony case for each offense; and the sum of Fifty Dollars ($50.00) |
| |
2|shall be assessed and collected in every felony case for each |
| |
3|offense for driving under the influence of alcohol or other |
| |
4|intoxicating substance. |
| |
5| D. In addition to the amounts collected pursuant to subsections |
| |
6|A and B of this section, the sum of Twenty-five Dollars ($25.00) |
| |
7|shall be assessed and credited to the Oklahoma Court Information |
| |
8|System Revolving Fund created pursuant to Section 1315 of Title 20 |
| |
9|of the Oklahoma Statutes. |
| |
10| E. In addition to the amount collected pursuant to paragraphs 1 |
| |
11|through 6 of subsection A of this section, the sum of Ten Dollars |
| |
12|($10.00) shall be assessed and credited to the Sheriff's Service Fee |
| |
13|Account in the county in which the conviction occurred for the |
| |
14|purpose of enhancing existing or providing additional courthouse |
| |
15|security. |
| |
16| F. In addition to the amounts collected pursuant to paragraphs |
| |
17|1 through 6 of subsection A of this section, the sum of Three |
| |
18|Dollars ($3.00) shall be assessed and credited to the Office of the |
| |
19|Attorney General Victim Services Unit. |
| |
20| G. In addition to the amounts collected pursuant to paragraphs |
| |
21|1 through 6 of subsection A of this section, the sum of Three |
| |
22|Dollars ($3.00) shall be assessed and credited to the Child Abuse |
| |
23|Multidisciplinary Account. This fee shall not be used for purposes |
| |
24|of hiring or employing any law enforcement officers. |
| |
arsid16385344 HB1460 HFLR Page 51
___________________________________________________________________________
1| H. In addition to the amount collected pursuant to paragraphs 5 |
| |
2|and 6 of subsection A of this section, the sum of Fifteen Dollars |
| |
3|($15.00) shall be assessed in every misdemeanor or felony case for |
| |
4|each offense of driving under the influence of alcohol or other |
| |
5|intoxicating substance and credited to the Oklahoma Impaired Driver |
| |
6|Database Revolving Fund created pursuant to Section 11-902d of Title |
| |
7|47 of the Oklahoma Statutes. |
| |
8| I. Prior to conviction, parties in criminal cases shall not be |
| |
9|required to pay, advance, or post security for the issuance or |
| |
10|service of process to obtain compulsory attendance of witnesses. |
| |
11| J. I. The amounts to be assessed as court costs upon filing of |
| |
12|a case shall be those amounts above-stated in paragraph 3 or 4 of |
| |
13|subsection A and subsections B, C, D and E of this section. |
| |
14| K. J. The fees collected pursuant to this section shall be |
| |
15|deposited into the court fund, except the following: |
| |
16| 1. A court clerk issuing a misdemeanor warrant is entitled to |
| |
17|ten percent (10%) of the sheriff's service fee, provided for in |
| |
18|paragraph 9 of subsection A of this section, collected on a warrant |
| |
19|referred to the contractor for the misdemeanor warrant notification |
| |
20|program governed by Sections 514.4 and 514.5 of Title 19 of the |
| |
21|Oklahoma Statutes. This ten-percent sum shall be deposited into the |
| |
22|issuing Court Clerk's Revolving Fund, created pursuant to Section |
| |
23|220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing |
| |
24|the warrant with the balance of the sheriff's service fee to be |
| |
arsid16385344 HB1460 HFLR Page 52
___________________________________________________________________________
1|deposited into the Sheriff's Service Fee Account, created pursuant |
| |
2|to the provisions of Section 514.1 of Title 19 of the Oklahoma |
| |
3|Statutes, of the sheriff in the county in which service is made or |
| |
4|attempted. Otherwise, the sheriff's service fee, when collected, |
| |
5|shall be deposited in its entirety into the Sheriff's Service Fee |
| |
6|Account of the sheriff in the county in which service is made or |
| |
7|attempted; |
| |
8| 2. The sheriff's fee provided for in Section 153.2 of this |
| |
9|title; |
| |
10| 3. The witness fees paid by the district attorney pursuant to |
| |
11|the provisions of Section 82 of this title which, if collected by |
| |
12|the court clerk, shall be transferred to the district attorney's |
| |
13|office in the county where witness attendance was required. Fees |
| |
14|transferred pursuant to this paragraph shall be deposited in the |
| |
15|district attorney's maintenance and operating expense account; |
| |
16| 4. The fees provided for in subsection C of this section shall |
| |
17|be forwarded to the District Attorneys Council Revolving Fund to |
| |
18|defray the costs of prosecution; and |
| |
19| 5. The following amounts of the fees provided for in paragraphs |
| |
20|2, 3, 5 and 6 of subsection A of this section, when collected, shall |
| |
21|be deposited in the Trauma Care Assistance Revolving Fund, created |
| |
22|pursuant to the provisions of Section 1-2530.9 of Title 63 of the |
| |
23|Oklahoma Statutes: |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 53
___________________________________________________________________________
1| a. Ten Dollars ($10.00) of the Ninety-eight-Dollar |
| |
2| ninety-eight-dollar fee provided for in paragraph 2 of |
| |
3| subsection A of this section, |
| |
4| b. Ten Dollars ($10.00) of the Ninety-three-Dollar |
| |
5| ninety-three-dollar fee provided for in paragraph 3 of |
| |
6| subsection A of this section, |
| |
7| c. One Hundred Dollars ($100.00) of the |
| |
8| Four-Hundred-Thirty-three-Dollar |
| |
9| four-hundred-thirty-three-dollar fee provided for in |
| |
10| paragraph 5 of subsection A of this section, and |
| |
11| d. One Hundred Dollars ($100.00) of the |
| |
12| Four-Hundred-Thirty-three-Dollar |
| |
13| four-hundred-thirty-three-dollar fee provided for in |
| |
14| paragraph 6 of subsection A of this section. |
| |
15| L. K. As used in this section, "convicted" means any final |
| |
16|adjudication of guilt, whether pursuant to a plea of guilty or nolo |
| |
17|contendere or otherwise, and any deferred judgment or suspended |
| |
18|sentence. |
| |
19| M. L. A court clerk may accept in payment for any fee, fine, |
| |
20|forfeiture payment, cost, penalty assessment or other charge or |
| |
21|collection to be assessed or collected by a court clerk pursuant to |
| |
22|this section a nationally recognized credit card or debit card or |
| |
23|other electronic payment method as provided in paragraph 1 of |
| |
24|subsection B of Section 151 of this title. |
| |
arsid16385344 HB1460 HFLR Page 54
___________________________________________________________________________
1| N. M. Upon receipt of payment of fines and costs for offenses |
| |
2|charged prior to July 1, 1992, the court clerk shall apportion and |
| |
3|pay Thirteen Dollars ($13.00) per conviction to the court fund. |
| |
4| SECTION 5. REPEALER 20 O.S. 2021, Section 1313.6, is |
| |
5|hereby repealed. |
| |
6| SECTION 6. REPEALER 22 O.S. 2021, Section 991d, is |
| |
7|hereby repealed. |
| |
8| SECTION 7. REPEALER 47 O.S. 2021, Section 11-403.1, is |
| |
9|hereby repealed. |
| |
10| SECTION 8. This act shall become effective November 1, 2025. |
| |
11| |
| |
12|COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated |
|03/06/2025 - DO PASS, As Amended and Coauthored. |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
| |
arsid16385344 HB1460 HFLR Page 55
