OK
Oklahoma House Bill HB3412

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3412 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 Req. No. 8864 Page 1 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727
2828 STATE OF OKLAHOMA
2929
3030 2nd Session of the 58th Legislature (2022)
3131
3232 HOUSE BILL 3412 By: Pae
3333
3434
3535
3636
3737
3838 AS INTRODUCED
3939
4040 An Act relating to public health and safety; amending
4141 63 O.S. 2021, Section 2 -401, which relates to the
4242 Uniform Controlled Dangerous Substances Act;
4343 modifying elements of certain prohibited acts; making
4444 certain acts unlawful; providing list of factors
4545 necessary to prove intent; reducing certain
4646 penalties; clarifying penalty provisions for second
4747 and subsequent convictions; deleting certain unlawful
4848 acts and penalty provisions ; modifying scope of
4949 certain prohibited act; providing an exception;
5050 defining term; modifying penalties ; updating
5151 language; updating internal statutory references; and
5252 providing an effective date.
5353
5454
5555
5656
5757
5858 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5959 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -401, is
6060 amended to read as follows:
6161 Section 2-401. A. Except as authorized by the Uniform
6262 Controlled Dangerous Substances Act, it shall be unlawful for any
6363 person:
6464 1. To distribute, or dispense, transport with intent to
6565 distribute or dispense, possess with intent to manufacture,
6666 distribute, or dispense, a controlled dangerous substance or to
6767
6868 Req. No. 8864 Page 2 1
6969 2
7070 3
7171 4
7272 5
7373 6
7474 7
7575 8
7676 9
7777 10
7878 11
7979 12
8080 13
8181 14
8282 15
8383 16
8484 17
8585 18
8686 19
8787 20
8888 21
8989 22
9090 23
9191 24
9292
9393 solicit the use of or use the services of a person less than
9494 eighteen (18) years of age to cultivate, distribute or dispense a
9595 controlled dangerous substance;
9696 2. To create, or distribute, transport with intent to
9797 distribute or dispense, or possess with intent to distribute, a
9898 counterfeit controlled dangerous substance; or
9999 3. To distribute any imitation controlled substance as defined
100100 by Section 2-101 of this title, except when au thorized by the Food
101101 and Drug Administration of the United States Department of Health
102102 and Human Services;
103103 4. To manufacture or distribute any synthetic controlled
104104 substance, except when authoriz ed by the Food and Dr ug
105105 Administration of the United States Department of Health and Human
106106 Services; or
107107 5. To transport with intent to distribute or dispense or
108108 possess with intent to manufacture, distribute, or dispense a
109109 controlled dangerous substance, or to transport with intent to
110110 distribute or dispense or possess with intent to distribute, a
111111 counterfeit controlled dangerous substance, or to possess with
112112 intent to distribute a synthetic controlled substance. In order to
113113 prove intent to distribute, dispense , or manufacture pursuant to the
114114 offenses listed in this paragraph , at least three of the following
115115 factors must be involved unless the person was in possession of more
116116 than four (4) grams of a substance classified in Schedule I or II of
117117
118118 Req. No. 8864 Page 3 1
119119 2
120120 3
121121 4
122122 5
123123 6
124124 7
125125 8
126126 9
127127 10
128128 11
129129 12
130130 13
131131 14
132132 15
133133 16
134134 17
135135 18
136136 19
137137 20
138138 21
139139 22
140140 23
141141 24
142142
143143 the Uniform Controlled Dangerous Substances Act, except for
144144 marijuana:
145145 a. the person possesses the means to weigh a controlled
146146 substance,
147147 b. the person possesses a record indicating a drug-
148148 related transaction,
149149 c. the person possesses materials primarily used for
150150 separating and packaging control led substances,
151151 d. the person possesses a firearm that is in the
152152 immediate physical control of the person at the time
153153 of possession of the controlled substance,
154154 e. the person has in his or her immediate possession or
155155 control at least two other contro lled substances in
156156 any amount,
157157 f. the person has implemented excessive security measures
158158 in a structure or vehicle connected to the offender ,
159159 and
160160 g. the person has in his or her immediate possession or
161161 control cash in excess of Five Hundred Dollars
162162 ($500.00).
163163 B. Any person who violates the provisions of subsection A of
164164 this section with respect to:
165165 1. A substance classified in Schedule I or II, except for
166166 marijuana, involving one-quarter (0.25) of a gram or more of the
167167
168168 Req. No. 8864 Page 4 1
169169 2
170170 3
171171 4
172172 5
173173 6
174174 7
175175 8
176176 9
177177 10
178178 11
179179 12
180180 13
181181 14
182182 15
183183 16
184184 17
185185 18
186186 19
187187 20
188188 21
189189 22
190190 23
191191 24
192192
193193 Schedule I or II substance, upon conviction, shall be guilty of
194194 transporting or possessing with an intent to distribute a controlled
195195 dangerous substance, a felony, and shall be sentenced to a ter m of
196196 imprisonment in the custody of the Department of Corrections for not
197197 more than seven (7) three (3) years and a fine of not more than One
198198 Hundred Thousand Dollars ($100,000.00), which shall be in additio n
199199 to other punishment provided by law and shall n ot be imposed in lieu
200200 of other punishment. A secon d conviction for the violation of
201201 provisions of this paragraph within ten (10) years of the date
202202 following the completion of the execution of the prior sent ence is a
203203 felony punishable by a term of imprison ment in the custody of the
204204 Department of Correction s for not more than fourteen (14) seven (7)
205205 years. A third or subsequent conviction for the violation of the
206206 provisions of this paragraph within ten (10) years of the date
207207 following the completion of the execution of the prior sentence is a
208208 felony punishable by a term of imprisonment in the custody of the
209209 Department of Corrections for not more than twenty (20) ten (10)
210210 years;
211211 2. Any One-quarter (0.25) of a gram or more of any other
212212 controlled dangerous su bstance classified in Schedule III, IV, V or
213213 marijuana, upon conviction, shall be guilty of a felony and shall be
214214 sentenced to a term of imprisonment in the custody of the Department
215215 of Corrections for not m ore than five (5) two (2) years and a fine
216216 of not more than Twenty Thousand Dollars ($20,000.00), wh ich shall
217217
218218 Req. No. 8864 Page 5 1
219219 2
220220 3
221221 4
222222 5
223223 6
224224 7
225225 8
226226 9
227227 10
228228 11
229229 12
230230 13
231231 14
232232 15
233233 16
234234 17
235235 18
236236 19
237237 20
238238 21
239239 22
240240 23
241241 24
242242
243243 be in addition to other punishment provided by law a nd shall not be
244244 imposed in lieu of other punishment. A second conviction for the
245245 violation of the provisions of this paragraph within ten (10) years
246246 of the date following the completion of the execution of the prior
247247 sentence is a felony punishable by a term of imprisonment in the
248248 custody of the Department of Corrections for not more than ten (10)
249249 five (5) years. A third or subsequent conviction for the violation
250250 of the provisions of this paragr aph within ten (10) years of the
251251 date following the completion of the execution of the prior sentence
252252 is a felony punishable by a term of imprisonment in th e custody of
253253 the Department of Corrections for no t more than fifteen (15) eight
254254 (8) years; or
255255 3. An One-quarter (0.25) of a gram or more of an imitation
256256 controlled substance as defined by Section 2 -101 of this title, upon
257257 conviction, shall be guilty of a misdemeanor and shall be sentenced
258258 to a term of imprisonment in the county jail for a period of not
259259 more than one (1) year and a fine of not more than One Thousand
260260 Dollars ($1,000.00). A person convicted of a second or subsequent
261261 violation of the provisio ns of this paragraph within ten (10) years
262262 of the date following the completion of the execution of the prior
263263 sentence shall be guilty of a felony and shall be sentenced to a
264264 term of imprisonment in the custody of the Department of Corrections
265265 for not more than two (2) years and a fine of not more than F ive
266266 Thousand Dollars ($5,000.00), which shall be in addition to other
267267
268268 Req. No. 8864 Page 6 1
269269 2
270270 3
271271 4
272272 5
273273 6
274274 7
275275 8
276276 9
277277 10
278278 11
279279 12
280280 13
281281 14
282282 15
283283 16
284284 17
285285 18
286286 19
287287 20
288288 21
289289 22
290290 23
291291 24
292292
293293 punishment provided by law and shall not be imposed in lieu of other
294294 punishment.
295295 C. 1. Except when authorized by the Food and Drug
296296 Administration of the United States Department of Hea lth and Human
297297 Services, it shall be unlawful for an y person to manufacture or
298298 distribute a controlled substance or synthetic controlled substance.
299299 2. Any person convicted of violating the provisions of
300300 paragraph 1 of this subsection with respect to distri buting a
301301 controlled substance is guilty of a felony and shall be punished by
302302 imprisonment in the custody of the Department of Corrections for a
303303 term not to exceed ten (10) years and a fine of not more than
304304 Twenty-five Thousand Dollars ($25,000.00), which s hall be in
305305 addition to other punishment provided by law and shall not be
306306 imposed in lieu of other punishment.
307307 3. A second conviction for the violation of the provisions of
308308 paragraph 1 of this subsection wit h respect to distributing a
309309 controlled substance is a felony punishable by imprisonment in the
310310 custody of the Department of Corrections for a term not less than
311311 two (2) years nor more than twenty (20) years. A third or
312312 subsequent conviction for the violat ion of the provisions of this
313313 paragraph is a felony punishable by imprisonment in the custody of
314314 the Department of Corrections for a term not less than ten (10)
315315 years nor more than life.
316316
317317 Req. No. 8864 Page 7 1
318318 2
319319 3
320320 4
321321 5
322322 6
323323 7
324324 8
325325 9
326326 10
327327 11
328328 12
329329 13
330330 14
331331 15
332332 16
333333 17
334334 18
335335 19
336336 20
337337 21
338338 22
339339 23
340340 24
341341
342342 4. Any person convicted of violating the provisions of
343343 paragraph 1 of this subsection with respect to manufacturing a
344344 controlled substance is guilty of a felony and sha ll be punished by
345345 imprisonment in the custody of the Department of Corrections for a
346346 term not to exceed ten (10) years and a fine of not more than
347347 Twenty-five Thousand Dollars ($25,000.00), which shall be in
348348 addition to other punishment provided by law and shall not be
349349 imposed in lieu of other punishment.
350350 5. A second conviction for the violation of the provisions of
351351 paragraph 1 of this subsection with respec t to manufacturing a
352352 controlled substance is a fe lony punishable by imprisonment in the
353353 custody of the Department of Corrections for a term not less than
354354 two (2) years nor more than twenty (20) years. A third or
355355 subsequent conviction for the violation of the provisions of this
356356 paragraph is a felony puni shable by imprisonment in the custody of
357357 the Department of Corrections for a term not less than ten (10)
358358 years nor more than life.
359359 D. Convictions for violations of the provisions of this section
360360 shall be subject to the statutory provisions for suspended o r
361361 deferred sentences, or probation as provided in S ection 991a of
362362 Title 22 of the Oklahoma Statutes.
363363 E. D. Any person who is at least eighteen (18) years of age and
364364 who violates the provisions of this secti on by using or soliciti ng
365365 the use of services of a person less than eighteen (18) years of age
366366
367367 Req. No. 8864 Page 8 1
368368 2
369369 3
370370 4
371371 5
372372 6
373373 7
374374 8
375375 9
376376 10
377377 11
378378 12
379379 13
380380 14
381381 15
382382 16
383383 17
384384 18
385385 19
386386 20
387387 21
388388 22
389389 23
390390 24
391391
392392 to distribute, dispense, transport with intent to distribute or
393393 dispense or cultivate a controlled dangerous substance or by
394394 distributing a controlled dangerous substance to a person u nder
395395 eighteen (18) years o f age, or in the presence of a person under
396396 twelve (12) years of age, upon conviction, is punishable by:
397397 1. For a first violation of this section subsection, a term of
398398 imprisonment in the custody of the Dep artment of Corrections for not
399399 less than two (2) years nor more than ten (10) years;
400400 2. For a second violation of th is section subsection within ten
401401 (10) years of the date following the completion of the execution of
402402 the prior sentence, a term of imprison ment in the custody of the
403403 Department of Correcti ons for not less than four (4) years nor more
404404 than twenty (20) years ; or
405405 3. For a third or subsequent violation of this section
406406 subsection within ten (10) years of the date following the
407407 completion of the execution of the prior sentence, a term of
408408 imprisonment in the custody of the Department of Corrections for not
409409 less than ten (10) years nor more than life.
410410 F. E. Any person who violates any provision of this section by
411411 transporting with intent to distribu te or dispense, distributing or
412412 possessing with intent to distribute a controlled dangerous
413413 substance to a person, or violation of subsection G F of this
414414 section, in or on, or within two thousand (2,000) five hundred (500)
415415 feet of the real property compris ing a public or private elementary
416416
417417 Req. No. 8864 Page 9 1
418418 2
419419 3
420420 4
421421 5
422422 6
423423 7
424424 8
425425 9
426426 10
427427 11
428428 12
429429 13
430430 14
431431 15
432432 16
433433 17
434434 18
435435 19
436436 20
437437 21
438438 22
439439 23
440440 24
441441
442442 or secondary school, public vocational school, public or private
443443 college or university, or other institution of higher education,
444444 recreation center or public park, including state parks and
445445 recreation areas, public housing project, or child care facility as
446446 defined by Section 402 of Title 10 of the Oklahoma Statutes, during
447447 hours of operation of the aforementioned locations, upon conviction,
448448 shall be punished by:
449449 1. For a first offense, a term of imprisonment in the custo dy
450450 of the Department of Correction s, or by the imposition of a fine or
451451 by both, not exceeding twice that authorized b y the appropriate
452452 provision of this section; or
453453 2. For a second or subsequent violation of this section
454454 subsection within ten (10) years of the date following the
455455 completion of the execution of the prior sentence, a term of
456456 imprisonment in the custody of the Department of Corrections, or by
457457 the imposition of a fine or by both, not exceeding thrice that
458458 authorized by the appropriate provision of this section.
459459 Convictions for second and subsequent violations of the provisions
460460 of this section shall not be subject to statutor y provisions of
461461 suspended sentences, deferred sentences or probation.
462462 For purposes of this subsection, median strips or th e green
463463 space dividing roads, stre ets, and highways shall not be considered
464464 a portion of the public park.
465465
466466 Req. No. 8864 Page 10 1
467467 2
468468 3
469469 4
470470 5
471471 6
472472 7
473473 8
474474 9
475475 10
476476 11
477477 12
478478 13
479479 14
480480 15
481481 16
482482 17
483483 18
484484 19
485485 20
486486 21
487487 22
488488 23
489489 24
490490
491491 As used in this subsection, "hours of operation" shall include
492492 all extracurricular activities sanctioned or authorized by the
493493 public or private elemen tary or secondary school or public
494494 vocational school.
495495 G. F. 1. Except as authorized by the Uniform Controlled
496496 Dangerous Substances Ac t, it shall be unlawful for any person to
497497 manufacture or attempt to manufacture any controlled dangerous
498498 substance or possess any substance listed in Secti on 2-322 of this
499499 title or any substance containing any detectable amount of
500500 pseudoephedrine or its sa lts, optical isomers or salts of optical
501501 isomers, iodine or its salts, optical isomers or salts of optical
502502 isomers, hydriodic acid, sodium metal, lithium m etal, anhydrous
503503 ammonia, phosphorus, or organic solvents with the intent to use that
504504 substance to manufacture a controlled dangerous substance.
505505 2. Any person violating the provisions of this subsection with
506506 respect to the unlawful manufacturing or attempt ing to unlawfully
507507 manufacture any controlled dangerous substance, except for
508508 marijuana, or possessing any substance listed in this subsection or
509509 Section 2-322 of this title, upon conviction, is guilty of a felony
510510 and shall be punished by imprisonment in the custody of the
511511 Department of Corrections for not less than seven (7) more than ten
512512 (10) years nor more than life and by a fine of not less than Fifty
513513 Thousand Dollars ($50,000.00) more than Twenty-five Thousand Dollars
514514 ($25,000.00), which shall be in add ition to other punishment
515515
516516 Req. No. 8864 Page 11 1
517517 2
518518 3
519519 4
520520 5
521521 6
522522 7
523523 8
524524 9
525525 10
526526 11
527527 12
528528 13
529529 14
530530 15
531531 16
532532 17
533533 18
534534 19
535535 20
536536 21
537537 22
538538 23
539539 24
540540
541541 provided by law and shall not be imposed in lieu of other
542542 punishment. The possession of any amount of anhydrous ammonia in an
543543 unauthorized container shall be p rima facie evidence of intent to
544544 use such substance to manufacture a c ontrolled dangerous substance.
545545 A second violation of this subsection within ten (10) years of the
546546 date following the completion of the executio n of the prior
547547 sentences is punishable by a term of imprisonment in the custod y of
548548 the Department of Corrections for a term of not more than fifteen
549549 (15) years. A third or subsequent violation of this subsection
550550 within ten (10) years of the date following the completion of the
551551 execution of the prior sentences is punishable by a ter m of
552552 imprisonment in the custody o f the Department of Corrections for a
553553 term of not more than twenty (20) years.
554554 3. Any person violating the provisions of this subsection with
555555 respect to the unlawful manufacturing or attempting to unlawfully
556556 manufacture marijuana in the following amounts:
557557 a. six or fewer marijuana plants capable of producing
558558 less than one (1) kilogram of marijuana, exclu ding
559559 parts of the plant that do not contain hydrocannabinol
560560 shall, upon conviction, be guilty of a misdemeanor
561561 punishable by imprisonment in the county jai l for a
562562 term of not more than one (1) year and a fine of not
563563 more than One Thousand Dollars ($1,000.0 0),
564564
565565 Req. No. 8864 Page 12 1
566566 2
567567 3
568568 4
569569 5
570570 6
571571 7
572572 8
573573 9
574574 10
575575 11
576576 12
577577 13
578578 14
579579 15
580580 16
581581 17
582582 18
583583 19
584584 20
585585 21
586586 22
587587 23
588588 24
589589
590590 b. one (1) kilogram to one hundred (100) kilograms of
591591 marijuana or seven to one hundred marijuana plants
592592 shall, upon conviction, be guilty of a felony
593593 punishable by imprisonment in the custody of the
594594 Department of Corrections for a term of not more tha n
595595 three (3) years and a fine of not more than Fifteen
596596 Thousand Dollars ($15,000.00). A second conviction of
597597 this subparagraph within ten (10) years of the date
598598 following the completion of the execution of the prior
599599 sentence is punishable by imprisonment i n the custody
600600 of the Department of Corrections for a term of not
601601 more than six (6) years. A third or subsequent
602602 conviction of this subparagraph within ten (10) years
603603 of the date following the completion of the execution
604604 of the prior sentences is punishabl e by imprisonment
605605 in the custody of the Department of Corrections for a
606606 term of not more than ten (10) years, and
607607 c. one hundred (100) kilograms or more bu t less than one
608608 thousand (1,000) kilograms of marijuana or one hundred
609609 one marijuana plants but less than one thousand
610610 marijuana plants shall, upon conviction, be guilty of
611611 a felony punishable by imprisonment in the cu stody of
612612 the Department of Corrections for a term of not more
613613 than five (5) years an d a fine of not more than
614614
615615 Req. No. 8864 Page 13 1
616616 2
617617 3
618618 4
619619 5
620620 6
621621 7
622622 8
623623 9
624624 10
625625 11
626626 12
627627 13
628628 14
629629 15
630630 16
631631 17
632632 18
633633 19
634634 20
635635 21
636636 22
637637 23
638638 24
639639
640640 Fifteen Thousand Dollars ($15 ,000.00). A second
641641 conviction for violation of this subparagraph within
642642 ten (10) years of the date following the com pletion of
643643 the execution of the prior sentence is punishable by a
644644 term of imprisonment in the custody of the Department
645645 of Corrections for a term of not more than ten (10)
646646 years. A third or subsequent conviction of this
647647 subparagraph within ten (10) years of the date
648648 following the completion o f the execution of the prior
649649 sentences is punishable by a term of imprisonment in
650650 the custody of the Department of Corrections for a
651651 term of not more than fifteen (15) years.
652652 4. Any person violating the provisions of this subsection with
653653 respect to the unlawful manufacturing or attempting to unlawfully
654654 manufacture any controlle d dangerous substance in th e following
655655 amounts:
656656 a. one (1) kilogram or more of a mixture or substance
657657 containing a detectable amount of heroin,
658658 b. five (5) kilograms or more of a mix ture or substance
659659 containing a detectable amount of:
660660 (1) coca leaves, except coca leaves and extracts of
661661 coca leaves from which cocaine, ecgonine, and
662662 derivatives of ecgonine or their salts have been
663663 removed,
664664
665665 Req. No. 8864 Page 14 1
666666 2
667667 3
668668 4
669669 5
670670 6
671671 7
672672 8
673673 9
674674 10
675675 11
676676 12
677677 13
678678 14
679679 15
680680 16
681681 17
682682 18
683683 19
684684 20
685685 21
686686 22
687687 23
688688 24
689689
690690 (2) cocaine, its salts, optical and geometric
691691 isomers, and salts of isomers,
692692 (3) ecgonine, its derivatives, their salts, isomers,
693693 and salts of isomers, or
694694 (4) any compound, mixture, or preparation which
695695 contains any quantity of any of the substances
696696 referred to in divisions (1) through (3) of this
697697 subparagraph,
698698 c. fifty (50) grams or more of a mixture or substance
699699 described in division (2) of subparag raph b of this
700700 paragraph which contains cocaine base,
701701 d. one hundred (100) grams or more of phencyclidine (PCP)
702702 or one (1) kilogram or more of a mixture or substance
703703 containing a detectable amount of phencyclidine (PCP),
704704 e. ten (10) grams or more of a mixt ure or substance
705705 containing a detectable amount of lysergic acid
706706 diethylamide (LSD),
707707 f. four hundred (400) grams or more of a mixture or
708708 substance containing a detectable amount of N-phenyl-
709709 N-[1-(2-pheylethy)-4-piperidinyl] propanamide or one
710710 hundred (100) grams or more of a mixture or substance
711711 containing a detectable amount of any analogue of N -
712712 phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]
713713 propanamide,
714714
715715 Req. No. 8864 Page 15 1
716716 2
717717 3
718718 4
719719 5
720720 6
721721 7
722722 8
723723 9
724724 10
725725 11
726726 12
727727 13
728728 14
729729 15
730730 16
731731 17
732732 18
733733 19
734734 20
735735 21
736736 22
737737 23
738738 24
739739
740740 g. one thousand (1,000) kilograms or more of a mixture or
741741 substance containing a detectable amount o f marihuana
742742 marijuana or one thousand (1000) or more marihuana
743743 marijuana plants regardless of weight, or
744744 h. fifty (50) grams or more of methamphetamine, its
745745 salts, isomers, and salts of its isomers or five
746746 hundred (500) grams or more of a mixture or substance
747747 containing a detectable amount of methamphetamine, its
748748 salts, isomers, or salts of its isomers,
749749 upon conviction, is guilty o f aggravated manufacturing a contr olled
750750 dangerous substance punishable by imprisonment for not less more
751751 than twenty (20) thirty (30) years nor more than life and by a fine
752752 of not less than Fifty Thousand Dollars ($50,000.00), which shall be
753753 in addition to other punishment provided by law and shall not be
754754 imposed in lieu of other punishment. Any person convicted of a
755755 violation of the pro visions of this paragraph shall be required t o
756756 serve a minimum of eighty-five percent (85%) sixty-five percent
757757 (65%) of the sentence received prior to becoming eligible f or state
758758 correctional earned credits towards the completion of the sentence
759759 or eligible for parole.
760760 4. 5. Any sentence to the custody of the Department of
761761 Corrections for any violation of paragraph 3 4 of this subsection
762762 shall not be subject to statutory provisions for suspended
763763 sentences, deferred sentences, or probation. A person convicted of
764764
765765 Req. No. 8864 Page 16 1
766766 2
767767 3
768768 4
769769 5
770770 6
771771 7
772772 8
773773 9
774774 10
775775 11
776776 12
777777 13
778778 14
779779 15
780780 16
781781 17
782782 18
783783 19
784784 20
785785 21
786786 22
787787 23
788788 24
789789
790790 a second or subsequent violation of the provisions of paragraph 3 4
791791 of this subsection shall be punished as a habi tual offender pursuant
792792 to Section 51.1 of Title 2 1 of the Oklahoma Statutes and shall be
793793 required to serve a minimum of eighty-five percent (85%) of the
794794 sentence received prior to becoming eligible for state corr ectional
795795 earned credits or eligibility for p arole.
796796 5. 6. Any person who has b een convicted of manufacturing or
797797 attempting to manufacture methamphetamine pursuant to the provision s
798798 of this subsection and who, after such conviction, purchases or
799799 attempts to purchase, receive or otherwise acquire any product,
800800 mixture, or preparation c ontaining any detectable quantity of base
801801 pseudoephedrine or ephedrine shall, upon conviction, be gui lty of a
802802 felony punishable by imprisonment in the custody of the Department
803803 of Corrections for a term in the range of twi ce the minimum term
804804 provided for in paragraph 2 of this subsection.
805805 H. G. Any person convicted of any offense described in the
806806 Uniform Controlled Dangerous Substances Act may, in addition to the
807807 fine imposed, be asses sed an amount not to exceed ten percen t (10%)
808808 of the fine imposed. Such assessment shall be paid into a revolving
809809 fund for enforcement of controlled dangerous substances cr eated
810810 pursuant to Section 2 -506 of this title.
811811 I. H. Any person convicted of any offe nse described in this
812812 section shall, in addition to any fine imposed, pay a special
813813 assessment trauma-care fee of One Hundred Dollars ($100.00) to be
814814
815815 Req. No. 8864 Page 17 1
816816 2
817817 3
818818 4
819819 5
820820 6
821821 7
822822 8
823823 9
824824 10
825825 11
826826 12
827827 13
828828 14
829829 15
830830 16
831831 17
832832 18
833833 19
834834 20
835835 21
836836 22
837837 23
838838 24
839839
840840 deposited into the T rauma Care Assistance Revolving Fund created in
841841 Section 1-2522 1-2530.9 of this title.
842842 J. I. For purposes of this sectio n, "public housing project "
843843 means any dwelling or accommodations operated as a state or
844844 federally subsidized multifamily housing projec t by any housing
845845 authority, nonprofit corporation or municipal developer or housing
846846 projects created pursuant to the Okla homa Housing Authorities Act.
847847 K. J. When a person is found guilty of a violation of the
848848 provisions of this section, the court shall or der, in addition to
849849 any other penalty, the defendant to pay a one -hundred-dollar
850850 assessment to be dep osited in the Drug A buse Education and Treatment
851851 Revolving Fund created in Section 2-503.2 of this title, upon
852852 collection.
853853 L. K. Any person convicted of a second or subsequent felony
854854 violation of the provisions of this section, except for paragraphs 1
855855 and, 2 and 3 of subsection B of this section, paragraphs 2, 3, 4 and
856856 5 of subsection C of this section, paragraphs 1, 2, and 3 of
857857 subsection E D of this section and, paragraphs 1 and 2 of subsection
858858 F E of this section and paragraphs 2 and 3 of s ubsection F of this
859859 section, shall be punished as a habitual offend er pursuant to
860860 Section 51.1 of Title 21 of the Oklahoma Statutes.
861861 SECTION 2. This act shall become effective November 1, 2022.
862862
863863 58-2-8864 GRS 01/05/22