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SENATE FLOOR VERSION
March 31, 2021
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1776 By: Conley of the House
and
Weaver of the Senate
An Act relating to the Oklahoma State Bureau o f
Investigation; amending 20 O.S. 2011, Section 1313.2,
as last amended by Sect ion 6, Chapter 304, O.S.L.
2018 (20 O.S. Supp. 2020, Section 1313.2), which
relates to court definitions ; amending 22 O.S. 2011,
Section 991a, as last amended by Section 1 , Chapter
46, O.S.L. 2020 (22 O.S. Supp. 2020, Section 991a),
which relates to sentencing powers of the courts;
modifying qualifying scheduled substances; amending
74 O.S. 2011, Section 150.21, which relates to the
legal division of the Oklahoma State Bure au of
Investigation; deleting certain limitation; mod ifying
exception to allow for certain appearances by
attorneys of the Bureau; amending 74 O.S. 2011,
Section 150.27a, as last amended by Section 2,
Chapter 374, O.S.L. 2019 (74 O.S. Supp. 20 20, Section
150.27a), which relates to OSBI Combined DNA Index
System (CODIS) Database; modifying qualifying
scheduled substances; updating statutory language;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2011, Section 1313.2, as
last amended by Section 6, Chapter 304, O.S.L. 2018 (20 O.S. Supp.
2020, Section 1313.2), is amended to read as follows:
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Section 1313.2. A. As used in this section:
1. “Arrested” means taking custody of another for the purpose
of holding or detaining him or her to answer a criminal charge;
2. “Convicted” means any final adjudication o f guilt, whether
pursuant to a plea of gu ilty or nolo contender e or otherwise, and
any deferred or suspende d sentence or judgment;
3. “Court” means any state or municipal court having
jurisdiction to impose a criminal fine or penalty; and
4. “DNA” means Deoxyribonucleic acid.
B. Any person convicted of an offense , including traffic
offenses but excluding par king and standing violations, punishable
by a fine of Ten Dollars ($10.00) or more or by incarceration or any
person forfeiting bond when charged wit h such an offense, shall be
ordered by the court to pay Ten Dol lars ($10.00) as a separate fee,
which fee shall be in addition to and not in substitution for any
and all fines and penalties otherwise provided for by law for such
offense.
C. 1. Any person convicted of any misdemeanor or felony
offense shall pay a Lab oratory Analysis Fee in the amount of One
Hundred Fifty Dollars ($150.00) for each offense if forensic science
or laboratory services are rendered or administered by the Oklahoma
State Bureau of Investigation (OSBI), by the Toxicology Laboratory
of the Office of the Chief Medical Examiner or by any municipality
or county in connection with the c ase. This fee shall be in
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addition to and not a substitution for any and all fines and
penalties otherwise provided for by law for this offens e.
2. The court clerk shall cause to be deposited the amount of
One Hundred Fifty Dollars ($150.00) as collected , for every
conviction as described in this subsection. The court clerk shall
remit the monies in the fund on a monthly basis directly either to:
a. the OSBI who shall deposit the monies into the OSBI
Revolving Fund provided for in Section 150.19a of
Title 74 of the Oklahoma Statutes for services
rendered or administered by the OSBI,
b. the Office of the Chief Medical Examiner who shall
deposit the monies into the Ch ief Medical Examiner
Revolving Fund provided for in Section 948 of Title 63
of the Oklahoma Statutes for services rendered or
administered by the Office of the Chief Medical
Examiner, or
c. the appropriate municipality or county for s ervices
rendered or administered by a municipality or county.
3. The monies from the Laboratory Analysis Fee Fun d deposited
into the OSBI Revolving Fund shall be used for the following:
a. providing criminalistic l aboratory services,
b. the purchase and maintenance of equipmen t for use by
the laboratory in performing an alysis,
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c. education, training, and scientific development of
OSBI personnel, and
d. the destruction of seized property and chemicals as
prescribed in Sections 2-505 and 2-508 of Title 63 of
the Oklahoma Statutes .
D. Upon conviction or bond forfeiture, th e court shall collect
the fee provided for in s ubsection B of this section and deposit it
in an account created for that purpose. Except as otherwis e
provided in subsection E of this sectio n, monies shall be for warded
monthly by the court clerk to the Cou ncil on Law Enforcement
Education and Training (CLEET). Beginning July 1, 2003, deposits
shall be due on the fifteenth day of each month for the pre ceding
calendar month. There shall be a late fee imposed for f ailure to
make timely deposits; provided, CL EET, in its discretion, may waive
all or part of the late fee. Such late fee shall be one percent
(1%) of the principal amount due per day beginning from the tenth
day after payment is due and accumulating until the late fee reaches
one hundred percent (1 00%) of the principal amount due. Beginning
on July 1, 1987, ninety percent (90%) of the monies received by
CLEET from the court clerks pursuant to this section shall be
deposited in the CLEET Fund, and ten perc ent (10%) shall be
deposited in the General Revenue Fund. Beginning January 1, 2001,
sixty and fifty-three one-hundredths percent (60.53%) of the monies
received by CLEET from the court clerks pursuant to this section
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shall be deposited in the CLEET Fund created pursuant to subsection
G of this section, five and eighty -three one-hundredths percent
(5.83%) shall be deposited in the General Revenue Fund and thirty -
three and sixty-four one-hundredths percent (33.64%) shall be
deposited in the CLEET Training C enter Revolving Fund created
pursuant to Section 3311.6 of Title 70 of the Oklahoma Statute s.
Along with the deposits required by this subsection, each court
shall also submit a report stating the total amount of funds
collected and the total number of fe es imposed during the preceding
quarter. The report may be made on computerized or manual
disposition reports.
E. Any municipality or county having a basic law enforcement
academy approved by CLEET pursuant to the criteria developed by
CLEET for training law enforcement officers shall retain from monies
collected pursuant to subsections A thro ugh D of this section, Two
Dollars ($2.00) from each fee. These monies shall be deposited into
an account for the sole use of the municipality or county in
implementing its law enforcement training functions. Not more than
seven percent (7%) of the monie s shall be used for court and
prosecution training. The court clerk of any such municipality or
county shall furnish to CLEET the report requi red by subsection D of
this section.
F. 1. Any person entering a plea of guilty or nolo contendere
or is found guilty of the crime of misdemeanor possession of
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marijuana or drug paraphernalia shall be ordered by t he court to pay
a five-dollar fee, which shall be in addition t o and not in
substitution for any and all fi nes and penalties otherwise provided
for by law for such offense.
2. The court clerk shall cause to be deposited the amount of
Five Dollars ($5.00) as collected, for every adjudicated or
otherwise convicted pers on as described in this subsection. The
court clerk shall remit the monies in the fund on a monthly basis
directly to the Bureau of Narcotics Drug Education Revolving Fund.
G. There is hereby created in the State Treasury a fund for the
Council on Law Enforcement Education and Training to be desig nated
the “CLEET Fund”. The fund shall be subj ect to legislative
appropriation and shall consist of any monies received from fees and
receipts collected pursuant to the Oklahoma Open Record s Act,
reimbursements for parts used in the repair of weapons of l aw
enforcement officers attending the basic aca demies, gifts, bequests,
contributions, tuition, fees, devises , and the assessments levied
pursuant to the fund pursuant to law.
H. 1. Any person arrested or convi cted of a felony offense or
convicted of a misdemeanor offense of assault and battery, dome stic
abuse, stalking, possession of a controlled substance prohibited
under Schedule IV of the Uniform Controlled Dangerous Substances
Act, outraging public decency, resisting arrest, escaping or
attempting to escape, eluding a police officer, Peeping Tom,
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pointing a firearm, threatening an act of violence, breaking and
entering a dwelling place, destructi on of property, negligent
homicide or causing a personal injury accident while driving under
the influence of any intoxicating substance shall pay a DNA f ee of
One Hundred Fifty Dollars ($150.00). This fee shall not be
collected if the person has a valid DNA sample in the OSBI DNA
Offender Database at the time of sen tencing.
2. The court clerk shall cause to be deposited the amount of
One Hundred Fifty Do llars ($150.00) as collected for every felony
arrest, felony conviction or every conviction for a misd emeanor
offense of assault and battery, d omestic abuse, stalkin g, possession
of a controlled substance proh ibited under Schedule IV of the
Uniform Controlled Dangerous Substances Act, outraging public
decency, resisting arrest, escaping or attempting to es cape, eluding
a police officer, Peeping T om, pointing a firearm , threatening an
act of violence, breaking a nd entering a dwelling place, destruction
of property, negligent homicide or causing a personal injury
accident while driving under the influence of any intoxicating
substance as described i n this subsection. Th e court clerk shall
remit the monies in said the fund on a monthly basis directly to the
OSBI who shall deposit the monies into the OSBI Revolving Fund
provided for in Section 150.19a of Title 74 o f the Oklahoma Statutes
for services rendered or administered by the OSBI.
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3. The monies from the DNA sample fee deposited into the OSBI
Revolving Fund shall be used for creating, staffing , and maintaining
the OSBI DNA Laboratory and OSBI Combined DNA Ind ex System (CODIS)
Database.
I. It shall be the responsibility of the court clerk to account
for and ensure the correctness and accuracy of payments m ade to the
state agencies identified in Sections 1313.2 through 1313.4 of this
title. Payments made direc tly to an agency by the court clerk as a
result of different types of assessments and fees pursuant to
Sections 1313.2 through 1313.4 of this title sh all be made monthly
to each state agency.
SECTION 2. AMENDATORY 22 O.S. 2011, Section 991a, as
last amended by Section 1, Chapter 46, O.S.L . 2020 (22 O.S. Supp.
2020, Section 991a), i s amended to read as follows:
Section 991a. A. Except as otherwise provided in the Elderly
and Incapacitated Victim’s Protection Program, when a defendant is
convicted of a crime and no death sentence is impose d, the court
shall either:
1. Suspend the execution of sentence in whole or in part, with
or without probation. The court, in addition, may order the
convicted defendant at the time of sentencing or at any time during
the suspended sentence to do one or more of the following:
a. to provide restitution to the victim as provided by
Section 991f et seq. of this title or according to a
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schedule of payments established by the sentencing
court, together with interest upon any pecuniary sum
at the rate of twelve percent (12%) per annum, if the
defendant agrees to pay such restitution or, in the
opinion of the court, if the defendant is able to pay
such restitution without imposing manifest hardship on
the defendant or the immediate family and if the
extent of the damage to the victim is determinable
with reasonable certainty,
b. to reimburse any state agency for amounts paid by the
state agency for hospital and medical expenses
incurred by the victim or victims, as a result of the
criminal act for which such perso n was convicted,
which reimbursement shall be made directly to the
state agency, with inter est accruing thereon at the
rate of twelve percent (12%) per annum,
c. to engage in a term of community service without
compensation, according to a schedule consist ent with
the employment and family responsi bilities of the
person convicted,
d. to pay a reasonable sum into any trust fund,
established pursuant to th e provisions of Sections 176
through 180.4 of Title 60 of the Oklahoma Statutes,
and which provides resti tution payments by convicted
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defendants to victims of crimes committed within this
state wherein such victim has incurred a financial
loss,
e. to confinement in the county jail for a period not to
exceed six (6) months,
f. to confinement as provided by law together with a term
of post-imprisonment community supervision for not
less than three (3) years of the total term allowed by
law for imprisonment, w ith or without restitution;
provided, however, the authority of this provision is
limited to Section 843. 5 of Title 21 of the Oklahoma
Statutes when the offense involved sexual abuse or
sexual exploitation; Sections 681, 741 and 843.1 of
Title 21 of the Oklahoma Statutes when the offense
involved sexual abuse or sexual exploitation; and
Sections 865 et seq., 885, 886, 888, 891, 1021,
1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and
1123 of Title 21 of the Oklahoma Statutes,
g. to repay the reward or p art of the reward paid by a
local certified crime stoppers program and the
Oklahoma Reward System. In de termining whether the
defendant shall repay the reward or part of the
reward, the court sha ll consider the ability of the
defendant to make the payment , the financial hardship
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on the defendant to make the required payment , and the
importance of the informa tion to the prosecution of
the defendant as provided by the arresting officer or
the district attorney with due regard for the
confidentiality of the r ecords of the local certified
crime stoppers program and the Oklahoma Reward System.
The court shall assess this repayment against the
defendant as a cost of prosecution. The term
“certified” means crime stoppers organizations that
annually meet the cert ification standards for crime
stoppers programs established by the Oklahoma Crime
Stoppers Association to the extent those standards do
not conflict with state statutes. The term “court”
refers to all municipal and district courts within
this state. The “Oklahoma Reward System ” means the
reward program established by Section 150.18 of Title
74 of the Oklahoma Statutes,
h. to reimburse the Oklahoma S tate Bureau of
Investigation for costs incurred by that agency during
its investigation of the crime for whi ch the defendant
pleaded guilty, nolo contendere or was convicted ,
including compensation for laboratory, technical, or
investigation services perfo rmed by the Bureau if, in
the opinion of the cou rt, the defendant is able to pay
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without imposing manifest h ardship on the defendant,
and if the costs incurred by the Bureau during the
investigation of the defenda nt’s case may be
determined with reasonable certainty,
i. to reimburse the Oklahoma State B ureau of
Investigation and any authorized law enforcement
agency for all costs incurred by that agency for
cleaning up an illegal drug laboratory site for which
the defendant pleaded guilty, nolo contendere o r was
convicted. The court clerk shall collect the amount
and may retain five percent (5%) of such monies t o be
deposited in the Court Clerk Revolving Fund to cover
administrative costs and shall remit the remain der to
the Oklahoma State Bureau of Investi gation to be
deposited in the OSBI Revolving Fun d established by
Section 150.19a of Title 74 of the Oklahoma Statutes
or to the general fund wherein the other law
enforcement agency is located,
j. to pay a reasonable sum to the Crime Victims
Compensation Board, created by Section 142.2 et seq.
of Title 21 of the Oklahoma Statutes, for the benefit
of crime victims,
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k. to reimburse the court fund for amounts paid to court -
appointed attorneys for representing the defe ndant in
the case in which the person is be ing sentenced,
l. to participate in an assessmen t and evaluation by an
assessment agency or assessment perso nnel certified by
the Department of Mental Health and Substance Abuse
Services pursuant to Section 3 -460 of Title 43A of the
Oklahoma Statutes and, as determined by the
assessment, participate in an alcohol and drug
substance abuse course or treatment prog ram or both,
pursuant to Sections 3 -452 and 3-453 of Title 43A of
the Oklahoma Statutes, or as ordered by the court,
m. to be placed in a victims im pact panel program, as
defined in subsection H o f this section, or
victim/offender reconciliation program an d payment of
a fee to the program of Seventy -five Dollars ($75.00)
as set by the governing authority of t he program to
offset the cost of participat ion by the defendant.
Provided, each victim/off ender reconciliation program
shall be required to obtain a w ritten consent form
voluntarily signed by the victim and defendant that
specifies the methods to be used to resolve the
issues, the obligations and rights of each person , and
the confidentiality o f the proceedings. Volunteer
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mediators and employees of a v ictim/offender
reconciliation program shall be immune from liability
and have rights of confidentiality a s provided in
Section 1805 of Title 12 of t he Oklahoma Statutes,
n. to install, at the expe nse of the defendant, an
ignition interlock device approved by the Board of
Tests for Alcohol and Drug Influence. The device
shall be installed upon every motor veh icle operated
by the defendant, and the cou rt shall require that a
notation of this restric tion be affixed to the
defendant’s driver license. The rest riction shall
remain on the driver license not exceeding two (2)
years to be determined by the court. Th e restriction
may be modified or removed on ly by order of the court
and notice of any modif ication order shall be given to
the Department of Public Saf ety. Upon the expiration
of the period for the restriction, the Department of
Public Safety shall remove the restriction without
further court order. Failure to comply with the order
to install an ignition interlock device or operating
any vehicle without a device during the period of
restriction shall be a violation of the sentence and
may be punished as d eemed proper by the sentencing
court. As used in this paragraph, “ignition interlock
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device” means a device that, without tampering or
intervention by another person, would prevent the
defendant from operating a motor vehicle if the
defendant has a blood or breath alcohol concentration
of two-hundredths (0.02) or greater,
o. to be confined by electronic monitoring administered
and supervised by the Depa rtment of Corrections or a
community sentence provider, and payment of a
monitoring fee to the supervisin g authority, not to
exceed Three Hundred Do llars ($300.00) per month. Any
fees collected pursuant to this paragraph shall be
deposited with the approp riate supervising authority.
Any willful violation of an order of the court for the
payment of the monit oring fee shall be a violation of
the sentence and may be punished as deemed proper by
the sentencing court. As used in this paragraph,
“electronic monitoring” means confinement of the
defendant within a specified location or locations
with supervision by means of an electronic device
approved by the Department of Corrections which is
designed to detect if the defendant is in the court -
ordered location at the required times and which
records violations for investigation by a qualified
supervisory agency or person,
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p. to perform one or more courses of treatment, education
or rehabilitation for an y conditions, behaviors,
deficiencies or disorders which may contribute to
criminal conduct, including but not limited to alcohol
and substance abuse, mental health, emotional health,
physical health, propens ity for violence, antisocial
behavior, personality or attitudes, deviant sexual
behavior, child development, parenting assistance, job
skills, vocational-technical skills, domestic
relations, literacy, education , or any other
identifiable deficiency which may be treated
appropriately in the community an d for which a
certified provider or a program recognized by the
court as having significant positive impact exists in
the community. Any treatment, education or
rehabilitation provider required to be certifi ed
pursuant to law or rule shall be certified by the
appropriate state agency or a national organization,
q. to submit to periodic testing for alcohol,
intoxicating substance , or controlled dangerous
substances by a qualified laboratory,
r. to pay a fee, costs for treatment, education,
supervision, participation in a program, or any
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combination thereof as determ ined by the court, based
upon the defendant’s ability to pay the fees or costs,
s. to be supervised by a Department of Corrections
employee, a private supervision provider , or other
person designated by the court,
t. to obtain positive behavior modeling by a trained
mentor,
u. to serve a term of confinement in a restrictive
housing facility available in the c ommunity,
v. to serve a term of confinement in the county jail at
night or during weekends pursuant to Section 991a-2 of
this title or for work release ,
w. to obtain employment or participate in employment -
related activities,
x. to participate in mandatory day reporting to
facilities or persons for services, payments, duties
or person-to-person contacts as specified by the
court,
y. to pay day fines not to exceed fifty percent (50%) of
the net wages earned. For purposes of this paragraph,
“day fine” means the offender is ordered to pay an
amount calculated as a percentage of net daily wages
earned. The day fine shall be paid to the local
community sentencing system as reparation to the
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community. Day fines shall be used to support the
local system,
z. to submit to blood or saliva testing as requir ed by
subsection I of this section,
aa. to repair or restore property damaged by the
defendant’s conduct, if the court determines the
defendant possesses sufficient skill to repair or
restore the property and the victim consents to the
repairing or restori ng of the property,
bb. to restore damaged prope rty in kind or payment of out-
of-pocket expenses to the vict im, if the court is able
to determine the actual out -of-pocket expenses
suffered by the victim,
cc. to attend a victim-offender reconciliation progr am if
the victim agrees to participate and the o ffender is
deemed appropriate for participation,
dd. in the case of a person convicted of prostitution
pursuant to Section 1029 of Title 21 of the Oklahoma
Statutes, require such person to receive counseling
for the behavior which may have caused such pers on to
engage in prostitution activities. Such person may be
required to receive counseling in areas including but
not limited to alcohol and substance abuse, sexual
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behavior problems, or domestic abuse or ch ild abuse
problems,
ee. in the case of a sex off ender sentenced after November
1, 1989, and required by law to register pursuant to
the Sex Offender Registration Act, the court shall
require the person to comply w ith sex offender
specific rules and conditi ons of supervision
established by the Department of Corrections and
require the person to participate in a t reatment
program designed for the treatment of sex offenders
during the period of time while the offender is
subject to supervision by the Departmen t of
Corrections. The treatment program shall i nclude
polygraph examinations specifically designed for use
with sex offenders for purposes of supervision and
treatment compliance, and shall be administered not
less than each six (6) months during the peri od of
supervision. The examination shall be adm inistered by
a certified licensed polygraph examiner. The
treatment program must be approved by the Department
of Corrections or the Department of Mental Health and
Substance Abuse Services. Such treatment shall be at
the expense of the defendant based o n the defendant’s
ability to pay,
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ff. in addition to other s entencing powers of the court,
the court in the case of a defendant being sentenced
for a felony convicti on for a violation of Section 2 -
402 of Title 63 of the Oklahoma Statutes which
involves marijuana may require the person to
participate in a drug court program, if available. If
a drug court program is not available, the defendant
may be required to parti cipate in a community
sanctions program, if available,
gg. in the case of a person convicte d of any false or
bogus check violation, as defined in Secti on 1541.4 of
Title 21 of the Oklahoma Statutes, impose a fee of
Twenty-five Dollars ($25.00) to the victi m for each
check, and impose a bogus check fee to be paid to the
district attorney. The bo gus check fee paid to the
district attorney shall be equal t o the amount
assessed as court costs plus Twenty -five Dollars
($25.00) for each check upon filing of the case in
district court. This money shall b e deposited in the
Bogus Check Restitution Progr am Fund as established in
subsection B of Section 114 of thi s title.
Additionally, the court may require the offender to
pay restitution and bogus check fees on any other
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bogus check or checks that have been submitted to the
District Attorney Bogus Check Restitution Program, and
hh. any other provision specificall y ordered by the court.
However, any such order for restitution, community service,
payment to a local ce rtified crime stoppers program, payment to the
Oklahoma Reward System , or confinement in th e county jail, or a
combination thereof, shall be made in co njunction with probation and
shall be made a condition of the suspended sentence.
However, unless under t he supervision of the district attorney,
the offender shall be required to pay Forty Dollar s ($40.00) per
month to the district attorney during the fir st two (2) years of
probation to compensate the district attorney for the costs incurred
during the prosecution of the offender and for the addition al work
of verifying the compliance of the offen der with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requirement in the best interests of justice. The
court shall not waive, suspend, defer or dismiss the costs of
prosecution in its entirety. Howe ver, if the court determines that
a reduction in the fine, c osts and costs of prosecution is
warranted, the court shall equally apply the same percentage
reduction to the fine, costs and costs of prosecution owed by the
offender;
2. Impose a fine prescrib ed by law for the offense, with or
without probation or comm itment and with or without restitution or
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service as provided for in this section, Section 991a -4.1 of this
title or Section 227 of Title 57 of the Oklahoma Statutes;
3. Commit such person for co nfinement provided for by law with
or without restitution as provided for in this section;
4. Order the defendant to reimburse the Oklahoma State Bureau
of Investigation for costs incurred by that agency dur ing its
investigation of the crime for which the defendant pleaded guilty,
nolo contendere or was convicted , including compensation for
laboratory, technical , or investigation services performed by the
Bureau if, in the opinion of the court, the defendant is able to pay
without imposing manifest hardshi p on the defendant, and if the
costs incurred by the Bureau during the investigation of the
defendant’s case may be determined with reasonable certainty;
5. Order the defendant to reimburse the Oklahoma Stat e Bureau
of Investigation for all costs incurred by that agency for cleaning
up an illegal drug laboratory s ite for which the defendant pleaded
guilty, nolo contendere or was convicted. The court clerk shall
collect the amount and may retain five percent (5%) of such monies
to be deposited in the Court Clerk Revolving Fund to cover
administrative costs and shal l remit the remainder to the Oklahoma
State Bureau of Investigation to be deposited in the OSBI Revolving
Fund established by Section 150.19a of Tit le 74 of the Oklahoma
Statutes;
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6. In the case of nonviolent felony offenses, sentence such
person to the Community Service Sentencing Program;
7. In addition to the other sentencing powers of the court, in
the case of a person convicted of operating or being in control of a
motor vehicle while the pe rson was under the influence of alcohol,
other intoxicating substance, or a combination of alcohol or another
intoxicating substance, or convicted of operating a mot or vehicle
while the ability of the person to operate such vehicle was impaired
due to the consumption of alcohol, require such person:
a. to participate in an alcohol and drug assessment and
evaluation by an assessment agency or assessment
personnel certified by the Department of Mental Health
and Substance Abuse Services pursuant to Section 3 -460
of Title 43A of the Oklahoma Statutes and, as
determined by the assessment, participate in an
alcohol and drug substance abuse course or treatment
program or both, pursuant to Sections 3 -452 and 3-453
of Title 43A of the Oklahoma Statutes,
b. to attend a victims impact panel program, as defined
in subsection H of this section, and to pay a fee of
Seventy-five Dollars ($75.00) as set by the governing
authority of the program and approved by the court, to
the program to offset the cost of participation by the
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defendant, if in the opinion of the court the
defendant has the ability to pay such fee,
c. to both participate in the alcohol and drug substance
abuse course or treatment program, pursuant to
subparagraph a of this paragraph and attend a victims
impact panel program, pursuant to subparagraph b of
this paragraph,
d. to install, at the expense of the person, an ignition
interlock device approved by the Board of Te sts for
Alcohol and Drug Influence, upon ev ery motor vehicle
operated by such person and to require that a notation
of this restriction be affixed to t he person’s driver
license at the time of reinstatement of the license.
The restriction shall remain on the driver license for
such period as the c ourt shall determine. The
restriction may be mo dified or removed by order of the
court and notice of the or der shall be given to the
Department of Public Safety. Upon the expiration of
the period for the restric tion, the Department of
Public Safety shall remove the restriction without
further court order. Failure to comply with the order
to install an ignitio n interlock device or operating
any vehicle without such device during the period of
restriction shall be a violation of the sentence and
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may be punished as deemed proper by the sentencing
court, or
e. beginning January 1, 1993, to submit to electronically
monitored home detention administered and supervised
by the Department of Corrections, and to pay to the
Department a monitoring fee, not to exceed Seventy-
five Dollars ($75.00) a month, to the D epartment of
Corrections, if in the opinion of the court the
defendant has the ability to pay such fee. Any fees
collected pursuant to this subparagraph shall be
deposited in the Department of Corrections Re volving
Fund. Any order by the court for the pa yment of the
monitoring fee, if willfully disobeyed, may be
enforced as an indirect contempt of court;
8. In addition to the other sentencing powers of the court, i n
the case of a person convicted of prostit ution pursuant to Section
1029 of Title 21 of th e Oklahoma Statutes, require such person to
receive counseling for the behavior which may have caused such
person to engage in prostitution activities. Such person may be
required to receive counseling in ar eas including but not limited to
alcohol and substance abuse, sexual behavior problems , or domestic
abuse or child abuse problems;
9. In addition to the other sentencing powers of the court, in
the case of a person convicted of any crime related to domest ic
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abuse, as defined in Section 60.1 of this tit le, the court may
require the defendant to undergo the treat ment or participate in the
counseling services necessary to bring about the cessation of
domestic abuse against the victim. The defendant may be re quired to
pay all or part of the cost of the tre atment or counseling services;
10. In addition to the other sentencing powers of the court,
the court, in the case of a sex offender sentenced after November 1,
1989, and required by law to register pursuant to the Sex Offenders
Registration Act, shall re quire the person to participate in a
treatment program desig ned specifically for the treatment of sex
offenders, if available. The treatment program will include
polygraph examinations specifically designed for use with sex
offenders for the purpose of su pervision and treatment compliance,
provided the examination is administered by a certified licensed
polygraph examiner. The treatment program must be approved by t he
Department of Corrections or the Departm ent of Mental Health and
Substance Abuse Service s. Such treatment shall be at the expense of
the defendant based on the defendant ’s ability to pay;
11. In addition to the other sentencing powers of the court,
the court, in the case of a person convicted of abuse or neglect of
a child, as defined in Se ction 1-1-105 of Title 10A of the Oklahoma
Statutes, may require the person to undergo treatment or to
participate in counseling services. The defendant may be requ ired
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to pay all or part of the cost of the treatment or counseling
services;
12. In addition to the other sentencing powers of the court,
the court, in the case of a person convicted of cruelty to animals
pursuant to Section 1685 of Title 21 of the Oklaho ma Statutes, may
require the person to pay restitution to animal facilities for
medical care and any boarding costs of victimized animals;
13. In addition to the other sentencing powers of the court, a
sex offender who is habitual or aggravated as defined by Section 584
of Title 57 of the Oklahoma Statutes and who is required to register
as a sex offender pursuant to the Oklahoma Sex Offenders
Registration Act shall be supervised by the Department of
Corrections for the duration of the registration period and shall be
assigned to a global position monitoring device by the Department of
Corrections for the duration of the registration period. The cost
of such monitoring device shall be reimbursed by the offender;
14. In addition to the other sentencing pow ers of the court, in
the case of a sex offe nder who is required by law to register
pursuant to the Sex Offenders Registration Act, the court may
prohibit the person from accessing or using any Internet social
networking website that has the potential or li kelihood of allowing
the sex offender to ha ve contact with any child who is under the age
of eighteen (18) years; or
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15. In addition to the other sent encing powers of the court, in
the case of a sex offender who is required by law to register
pursuant to the Sex Offenders Registration Act, the cou rt shall
require the person to register any elec tronic mail address
information, instant message, chat or ot her Internet communication
name or identity information that the person uses or intends to use
while accessing the Internet or used for other purpos es of social
networking or other similar Interne t communication.
B. Notwithstanding any other provision of law, any person who
is found guilty of a violation of any provision of Section 761 or
11-902 of Title 47 of the Oklahoma Statutes or any person plea ding
guilty or nolo contendere for a violation o f any provision of such
sections shall be ordered to partici pate in, prior to sentencing, an
alcohol and drug assessment and evaluation by an assessment agency
or assessment personnel certified by the Departm ent of Mental Health
and Substance Abuse Service s for the purpose of evaluating the
receptivity to treatment and prognosis of the person. The court
shall order the person to reimburse the agency or assessor for t he
evaluation. The fee shall be the amount provided in subsection C of
Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
shall be conducted at a certified assessment agency, the office of a
certified assessor or at another location as o rdered by the court.
The agency or assesso r shall, within seventy -two (72) hours from the
time the person is assessed, submit a written report to the court
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for the purpose of assisting the court in its final sentencing
determination. No person, agency or facility operating an alcohol
and drug substance abuse evaluation program certified by the
Department of Mental Health and Substance Abuse Services sh all
solicit or refer any person evaluated pursuant to this subsection
for any treatment program or alcoho l and drug substance abuse
service in which such person, agency or facility has a vested
interest; however, this provision shall not be construed to pr ohibit
the court from ordering participation in or any person from
voluntarily utilizing a treatment prog ram or alcohol and drug
substance abuse service offered by such person, agency or facility.
If a person is sentenced to the custody of the Department of
Corrections and the court has received a written evaluation report
pursuant to this subsection, the re port shall be furnished to the
Department of Corrections with the judgment and sentence. A ny
evaluation report submitted to the court pursuant to this subsection
shall be handled in a manner which will keep such report
confidential from the general public ’s review. Nothing contained in
this subsection shall be construed to prohibit the court f rom
ordering judgment and sentence in the event the defendan t fails or
refuses to comply with an order of the court to obtain the
evaluation required by this subsect ion.
C. When sentencing a person convicted of a crime, the court
shall first consider a pr ogram of restitution for the victim, as
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well as imposition o f a fine or incarceration of the offender. The
provisions of paragraph 1 of subsection A of this section shall not
apply to defendants being senten ced upon their third or subsequent
to their third conviction of a felony or, beginning January 1, 1993,
to defendants being sentenced for their second or subsequent felony
conviction for violation of Section 11 -902 of Title 47 of the
Oklahoma Statutes, exc ept as otherwise provided in this subsection.
In the case of a person being sentenced for his or her second or
subsequent felony conviction for violation of Section 11 -902 of
Title 47 of the Oklahoma Statutes, th e court may sentence the person
pursuant to the provisions of paragraph 1 of subsection A o f this
section if the court orders the person to submit to e lectronically
monitored home detention administered and supervised by the
Department of Corrections pursu ant to subparagraph e of paragraph 7
of subsection A of this section. Provided, the court may waive
these prohibitions upon written application of the district
attorney. Both the application and the waiver shall be made part of
the record of the case.
D. When sentencing a person convicted of a c rime, the judge
shall consider any victims impac t statements if submitted to the
jury, or the judge in the e vent a jury is waived.
E. Probation, for purposes of subsection A of this section, is
a procedure by which a defendant found guilty of a crime, whe ther
upon a verdict or plea of guilty or upon a plea of nolo contendere,
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is released by the court subject to conditions imposed by the court
and subject to supervision by the Department of Corrections, a
private supervision provider or other person designa ted by the
court. Such supervision shall be ini tiated upon an order of
probation from the court, and shall not exceed two (2) years, unless
a petition alleging a violation of any condition of deferred
judgment or seeking revocation of the suspended senten ce is filed
during the supervision, or as otherw ise provided by law. In the
case of a person convicted of a sex offense, supervision shall begin
immediately upon release from incarceration or if parole is granted
and shall not be limited to two (2) years. Provided further, any
supervision provided for in this section may be extended for a
period not to exceed the expiration of the maximum term or terms of
the sentence upon a determination by the court or the Divi sion of
Probation and Parole of the Departm ent of Corrections that the best
interests of the public and the release will be served by an
extended period of supervision.
F. The Department of Corrections, or such other agency as the
court may designate, sha ll be responsible for the monitoring and
administration of the restitution and service prog rams provided for
by subparagraphs a, c , and d of paragraph 1 of subsection A of this
section, and shall ensure that restitution payments are forwarded to
the victim and that service assignments are properly performed.
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G. 1. The Department of Corrections is hereby authorized,
subject to funds available through ap propriation by the Legislature,
to contract with counties for the administration of county Community
Service Sentencing Programs.
2. Any offender eligible to participate in the Program pursuant
to this section shall be eligible to participate in a county
Program; provided, participation in county -funded Programs shall not
be limited to offenders who would ot herwise be sentenced to
confinement with the Department of Corrections.
3. The Department shall establish criteria and specifications
for contracts with counties for such Programs. A county may apply
to the Department for a contract for a county -funded Program for a
specific period of time. The Department shall be responsible for
ensuring that any contracting county complies in full with
specifications and requirements of the contract. The contract shall
set appropriate compensation to the county for se rvices to the
Department.
4. The Department is hereby authorized to provide technical
assistance to any county in establishing a Program, regardless o f
whether the county enters into a contract pursuant to this
subsection. Technical assistance shall incl ude appropriate
staffing, development of co mmunity resources, sponsorship,
supervision and any other requirements.
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5. The Department shall annually ma ke a report to the Governor,
the President Pro Tempore of the Senate and the Speaker of the House
on the number of such Programs, the number of part icipating
offenders, the success rates of each P rogram according to criteria
established by the Department a nd the costs of each Program.
H. As used in this section:
1. “Ignition interlock device ” means a device that, without
tampering or intervention by another person, would prevent the
defendant from operating a motor vehicle if the defendant has a
blood or breath alcohol concentration of two -hundredths (0.02) or
greater;
2. “Electronically monitored home dete ntion” means
incarceration of the defendant within a specified location or
locations with monitoring by means of a device approved by the
Department of Corrections that detects if the person leaves the
confines of any specified location; and
3. “Victims impact panel program” means a program conduc ted by
a corporation registered with the Secreta ry of State in Oklahoma for
the sole purpose of operating a victims impact panel program. The
program shall include live presentations from presenters who will
share personal stories with participants about how alcohol, drug
abuse, the operation of a moto r vehicle while using an electronic
communication device or the illegal conduct of others has personally
impacted the lives of the presenters. A victims impact pane l
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program shall be attended by persons who have committed the offense
of driving, operating or being in actual physical control of a motor
vehicle while under the influence of alcohol or other intoxicating
substance, operating a motor vehicle while the abi lity of the person
to operate such vehicle was impaired due to the consumption of
alcohol or any other substance or operating a motor vehicle while
using an electronic device. Persons attending a victims impact
panel program shall be required to pay a fee of Seventy-five Dollars
($75.00) to the provider of the program. A certificate of
completion shall be issued to the person upon satisfying the
attendance and fee requirements of the victims impact panel program.
The certificate of completion shall conta in the business
identification number of th e program provider. A certified
assessment agency, certified assessor or provider of an alcohol and
drug substance abuse course shall be prohibited from providing a
victims impact panel program and shall further be prohibited from
having any proprietary o r pecuniary interest in a victims impact
panel program. The provider of the victims impact panel program
shall carry general liability insurance and maintain an accurate
accounting of all business transactions an d funds received in
relation to the victims impact panel program. Beginning October 1,
2020, and each October 1 thereafter, the provider of the victim s
impact panel program shall provide to the District Attorneys Council
the following:
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a. proof of registration with the Oklahoma Secretary of
State,
b. proof of general liability insurance,
c. end-of-year financial statements prepared by a
certified public accountant,
d. a copy of federal income tax returns filed with the
Internal Revenue Service,
e. a registration fee of One Thousand Dollars
($1,000.00). The registration fee shall be deposited
in the District Attorneys Council Revolving Fund
created in Section 215.28 of Title 19 of the Oklahoma
Statutes, and
f. a statement certifying that the provider of the
victims impact panel program has complied with all of
the requirements set forth in this p aragraph.
I. A person convicted of a felony offense or rece iving any form
of probation for an offense in which registration is required
pursuant to the Sex Offender s Registration Act, shall submit to
deoxyribonucleic acid (DNA) testing for law enforcement
identification purposes in accordance with Section 150.27 o f Title
74 of the Oklahoma Statutes and the rules promulgated by the
Oklahoma State Bureau of Investigati on for the OSBI Combined DNA
Index System (CODIS) Database. Subject to the availability of
funds, any person convicted of a misdemeanor offense of ass ault and
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battery, domestic abuse, stalking, possession of a controlled
substance prohibited under Schedule IV of the Uniform Controlled
Dangerous Substances Act, outraging public decency, resistin g
arrest, escape or attempting to escape, eluding a police o fficer,
Peeping Tom, pointing a firearm, threatening an act of violence,
breaking and entering a dwelling place, destruction of property,
negligent homicide, or causing a personal injury accident while
driving under the influence of any intoxicating substa nce, or any
alien unlawfully present under federal immigration law, upon arrest,
shall submit to DNA test ing for law enforcement identification
purposes in accordance with Section 150.27 of Title 74 of the
Oklahoma Statutes and the rules promulgated by the Oklahoma State
Bureau of Investigation for the OSBI Combined DNA Index System
(CODIS) Database. Any def endant sentenced to probation shall be
required to submit to testing within thirty (30) day s of sentencing
either to the Department of Corrections or t o the county sheriff or
other peace officer as directed by the court. Defendants who are
sentenced to a term of incarceration shall submit to testi ng in
accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,
for those defendants who enter the custody of the Department of
Corrections or to the county sheriff, for those defendants sentenced
to incarceration in a county jail. Convicted ind ividuals who have
previously submitted to DNA te sting under this section and for whom
a valid sample is on f ile in the OSBI Combined DNA Index System
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(CODIS) Database at the time of sentencing shall not be require d to
submit to additional testing. Except as required by the Sex
Offenders Registration Ac t, a deferred judgment does not require
submission to DNA te sting.
Any person who is incarcerated in the custody of the Department
of Corrections after July 1, 1996, and who has not been released
before January 1, 2006, shall provide a blood or saliva samp le prior
to release. Every person subject to DNA testing af ter January 1,
2006, whose sentence does not include a term of confinement with the
Department of Correct ions shall submit a blood or saliva sample.
Every person subject to DNA testing who is sen tenced to unsupervised
probation or otherwise not supervised by the Department of
Corrections shall submit for blood or saliva testing to the sheriff
of the sentencing county.
J. Samples of blood or saliva f or DNA testing required by
subsection I of this section shall be taken by employees or
contractors of the De partment of Corrections, peace officers, or the
county sheriff or employees or contractors of the sheriff ’s office.
The individuals shall be proper ly trained to collect blood or saliva
samples. Persons collecting blood or saliva for DNA testing
pursuant to this section shall be immune from civil liabilities
arising from this activity. All collectors of DNA samples shall
ensure the collection of sam ples are mailed to the Oklahoma State
Bureau of Investigation within ten (10) days of the time the subject
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appears for testing or within ten (10) days of the date the subject
comes into physical custody to serve a term of incarceration. All
collectors of DNA samples shall use sample kits provided by th e OSBI
and procedures promulgated by the OSBI. Persons subj ect to DNA
testing who are not received at the Lexington Assessment and
Reception Center shall be require d to pay a fee of Fifteen Dollars
($15.00) to the agency collecting the sample for submissi on to the
OSBI Combined DNA Index System (CODIS) Database. Any fees collected
pursuant to this subsection shall be deposited in the revolving
account or the service fee account of the collection agency or
department.
K. When sentencing a person who has b een convicted of a crime
that would subject that person to t he provisions of the Sex
Offenders Registration Act, neither the court nor the district
attorney shall be allowed to waive or exempt such person fro m the
registration requirements of the Sex Offen ders Registration Act.
SECTION 3. AMENDATORY 74 O.S. 2011, Section 150.21, is
amended to read as follows:
Section 150.21. A. The Oklahoma State Bureau of Investigation
shall establish or provide for a legal division and the Dire ctor may
employ two attorneys as needed, which attorneys, in addition to
advising the Director, the Commission and employees of the Bureau on
legal matters, may appe ar for and represent the Director, the
Commission and employees of the Bureau in administra tive hearings
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and other legal actions and proceedings. N o Bureau attorney of the
Bureau shall enter an appearance in a criminal action nor engage in
private practice of the law while in the employment of the Oklahoma
State Bureau of Investigation, except for the purpose of
representing the agency in motions to quash subpoenas, other
discovery matters, expungement applications, evidentiary hearings,
and forfeiture proceedings or when requested to do so by another
prosecuting authority .
B. It shall continue to be the duty of the Attorney General to
give official opinions to and to prosecute and defend actions for
the Director, Commission and employees of the Bureau, i f requested
to do so.
SECTION 4. AMENDATORY 74 O.S. 2011, Section 150.27a, as
last amended by Section 2, Chapter 374, O.S. L. 2019 (74 O.S. Supp.
2020, Section 150.27a), is amended to read as follows:
Section 150.27a. A. There is hereby established within the
Oklahoma State Bureau of Investigation the OSBI Combined DNA Index
System (CODIS) Database for the purpose of collecting and storing
blood or saliva samples and DNA profiles, analyzing and typing of
the genetic markers contai ned in or derived from DNA , and
maintaining the records and samples of DNA of individuals:
1. Convicted of any felony offense;
2. Required to register pursuant to the Sex Offende rs
Registration Act;
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3. Subject to the availability of funds, eighteen (18) years of
age or older arrested for the comm ission of a felony under the laws
of this state or any other jurisdiction, upon being booked into a
jail or detention facility. Provide d, the DNA sample shall not be
analyzed and shall be destroyed unless one of the following
conditions has been met:
a. the arrest was made upon a valid felony arrest or
warrant,
b. the person has appeared before a judge or magistrate
judge who made a findi ng that there was probable cause
for the arrest,
c. the person posted bond o r was released prior to
appearing before a j udge or magistrate judge and then
failed to appear for a scheduled hearing, or
d. the DNA sample was provided as a condition of a plea
agreement; and
4. Subject to the availability of fund s, convicted of a
misdemeanor offense of assault and battery, domes tic abuse,
stalking, possession of a controlled substance prohibited under
Schedule IV of the Uniform Controlled Dangerous Substances Ac t,
outraging public decency, resisting arrest, escapi ng or attempting
to escape, eluding a police officer, Peeping Tom, pointing a
firearm, threatening an act of violen ce, breaking and entering a
dwelling place, destruction of property, negligent homicide , or
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causing a personal injury accident while driving under the influence
of any intoxicating substance, or, upon arrest, any alien unlawfully
present under federal immi gration law.
The purpose of this database is the detection or exclusion of
individuals who are subjects of the investigation or prosecution o f
sex-related crimes, violent crimes, or other crimes in which
biological evidence is recovered, and such informati on shall be used
for no other purpose.
B. Any DNA specimen taken in good faith by the D epartment of
Corrections, its employees or contractor s, the county sheriff, its
employees or contractors or a peace offi cer, and submitted to the
OSBI may be included, maintained, and kept by the OSBI in a database
for criminal investigative purposes despi te the specimen having not
been taken in strict compl iance with the provisio ns of this section
or Section 991a of Title 22 of the Oklahoma Statutes.
C. Upon the request to OSBI by the federal or state authority
having custody of the person, any individual who was convicted of
violating laws of another state or the federal governm ent, but is
currently incarcerated or residi ng in Oklahoma, shall submit to DNA
profiling for entry of the data into the OSBI DNA Offender Database.
This provision shall only appl y when such federal or state
conviction carries a req uirement of sex offende r registration or DNA
profiling. The person to be profiled shall pay a fee of One Hundred
Fifty Dollars ($150.00) to the OSBI.
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D. The OSBI CODIS Database is specifically exempt f rom any
statute requiring disclosure of information t o the public. The
information contained in the database is privile ged from discovery
and inadmissible as evidence in any civil court proceeding. The
information in the database is confidential and shal l not be
released to the public. Any person charged with the custody and
dissemination of information from the database shall not divulge or
disclose any such informat ion except to federal, state, county or
municipal law enforcement or criminal justice ag encies. Any person
violating the provisions of this section upon conviction shall be
deemed guilty of a misdemeanor pun ishable by imprisonment in the
county jail for not more than one (1) year.
E. The OSBI shall promulgate rules concerning the collection ,
storing, expungement and dissemination of informati on and samples
for the OSBI CODIS Database. The OSBI shall determi ne the type of
equipment, collection procedures , and reporting documentation to be
used by the Department of Corrections, a county sheri ff’s office or
a law enforcement agency in submitting DNA samples to the OSB I in
accordance with Section 991a of Title 2 2 of the Oklahoma Statutes.
The OSBI shall provide training to designated employees of the
Department of Corrections, a county sheriff ’s office and a law
enforcement agency in the proper m ethods of performing th e duties
required by this section.
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F. The OSBI CODIS Database may include secondary databas es and
indexes including, but not limited to:
1. Forensic index database consisting of unknown evidence
samples;
2. Suspect index database consisting of samples t aken from
individuals as a result of crimina l investigations;
3. Convicted offender index d atabase authorized pursuant to
subsection A of this section; and
4. Missing persons and unidentified remains index or database
consisting of DNA profiles from unid entified remains and relatives
of missing persons.
G. 1. Any person convicted of a felony offense who is in
custody shall provide a blood or saliva sample prior to release.
2. Subject to the availability of funds, any person convi cted
of a misdemeanor offense of assault and battery, domestic abus e,
stalking, possession of a controlled substanc e prohibited under
Schedule IV of the Uniform Controlled Dangerous Substances Act,
outraging public decency, resisting arrest, escaping or at tempting
to escape, eluding a police officer, Peeping Tom, pointing a
firearm, threatening an act of violence, brea king and entering a
dwelling place, destruction of property, negligent homicide , or
causing a personal injury incident while driving under th e influence
of any intoxicating substance who is in custody shall p rovide a
blood or saliva sample prior to release .
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3. Every person who is convicted of a felony offense whose
sentence does not include a term of incarceration shall provide a
blood or saliva sample as a conditio n of sentence.
4. Subject to the availabili ty of funds, every person who is
convicted of a misdemeanor offense of assault and battery, domestic
abuse, stalking, possession of a co ntrolled substance prohibited
under Schedule IV of the Uniform Controlled Da ngerous Substances
Act, outraging public dec ency, resisting arrest, escape or
attempting to escape, eluding a police officer, Peeping Tom,
pointing a firearm, threatening an act of violence, breaking and
entering a dwelling place, de struction of property, negligent
homicide, or causing a personal in jury accident while driving under
the influence of any intoxicating substance whose sentence does not
include a term of incarceration sh all provide a blood or saliva
sample as a condition o f sentence.
5. Subject to the availability of funds, any person ei ghteen
(18) years of age or older who is arreste d for the commission of a
felony under the laws of this state or any other jurisdiction shall,
upon being booked into a jail or detention fac ility, submit to DNA
testing for law enforcement identification pur poses. Provided, the
DNA sample shall not be an alyzed and shall be destroyed unless one
of the following conditions has been met:
a. the arrest was made upon a valid felony arrest or
warrant,
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b. the person has appeared before a judge or magistrate
judge who made a finding that there was probable cause
for the arrest,
c. the person posted bond or was released prior to
appearing before a ju dge or magistrate judge and then
failed to appear for a scheduled hearing, o r
d. the DNA sample was provided as a condit ion of a plea
agreement.
SECTION 5. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS
March 31, 2021 - DO PASS AS AMENDED