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CORRECTED
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1777 By: Williams of the House
and
Thompson (Roger) of the
Senate
AS INTRODUCED
An Act relating to fees and fines; enacting the Burt
Holmes Fee Structure Policy Act of 2022; amending 19
O.S. 2021, Section 138.5; amending 19 O.S. 2021,
Section 339.7; amending 20 O.S. 2021, Section 1313.2;
amending 21 O.S. 2021, Sections 1 220, 1753.3, and
1761.1; amending 22 O.S. 2021, Sections 471.6, as
amended by Section 5, Chapter 277, O.S.L. 2022, 979a,
982, 991a, 1105.2, 1334, and 1355A (22 O.S. Supp.
2022, Section 471.6); amending 28 O.S. 2021, Sections
152, as amended by Section 1, Chapter 237, O.S.L.
2022 and 153, as amended by Section 2, Chapter 237,
O.S.L. (28 O.S. Supp. 2022, Sections 152 and 153);
amending 29 O.S. 2021, Section 7-207; amending 47
O.S. 2021, Sections 11-705, 11-801e, 11-902, 11-1112,
17-101, 17-102, and 752; amending 63 O.S. 2021,
Sections 2-401, 2-402, 2-404, 2-405, 2-406, 2-407, 2-
407.1, 2-415, and 2-902; eliminating fees, fines, and
costs; providing for noncodificati on; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads a s follows:
This act shall be known and may be cited a s the "Burt Holmes Fee
Structure Policy Act of 2023".
SECTION 2. AMENDATORY 19 O.S. 2021 , Section 138.5, is
amended to read as follows:
Section 138.5 A. It shall be the duty of the office of the
county indigent defender to represent as counsel anyone who appears
for arraignment without aid of counsel, and who has been informed by
the judge that it is his right to have counse l, and who desires
counsel, but is unable to employ such aid; and upon order of a
district judge of such county he shall investigate any matter
pending before the judge and report to him in the manne r prescribed
by the judge.
B. When a defendant or, if ap plicable, his parent or legal
guardian requests representation by the county indigent defender,
such person shall submit an appropriate application , the form of
which shall state that such applicatio n is signed under oath and
under the penalty of perjury a nd that a false statement may be
prosecuted as such. The application shall state whether or not the
defendant has been released on bond. In addit ion, if the defendant
has been released on bond, the application shall include a written
statement from the a pplicant that he or she has contacted three (3)
attorneys, licensed to practice law in this state, and the appl icant
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has been unable to obtain lega l counsel. A nonrefundable
application fee of Fifte en Dollars ($15.00) shall be paid to the
court clerk at the time the application is submitted, and no
application shall be accepted without payment of the fee; except
that the court may, based upon the fi nancial information submitted,
waive the fee, if the person is in custody or if the court
determines that the person does not have the financial resources to
pay the fee. Any fee collected pursuant to this subsection sh all be
retained by the court clerk a s an administrative fee and deposited
in the court fund. Before the court appoints the county in digent
defender based on the application, the court shall advise the
defendant or, if applicable, his or her parent or legal guar dian
that the application is signed under oath and under the penalty of
perjury. A copy of the application shall be sent to th e prosecuting
attorney or the Office of the Attorney General, whichever is
appropriate, for review, and, upon request, the court shall hold a
hearing on the issue of the eligibility for appointment of the
county indigent defender.
C. If the defendant is a dmitted to bail and the defendant or
another person on behalf of the defendant posts a bond, other than
by personal recognizance, the court may consider such fact in
determining the eligibility of the defendant for appointment of the
county indigent defend er; provided, however, such consideration
shall not be the sole factor in the determination of eligibility.
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SECTION 3. AMENDATORY 20 O.S. 2021, Section 1313.2, is
amended to read as follows:
Section 1313.2 A. As used in this section:
1. "Arrested" means taking custody of another for the purpo se
of holding or detaining him or her to answer a criminal char ge;
2. "Convicted" means any final adjudication of guilt, whether
pursuant to a plea of guilty or nolo contendere or otherwise, and
any deferred or suspen ded sentence or judgment;
3. "Court" means any state or municipal court having
jurisdiction to impos e a criminal fine or penalty; and
4. "DNA" means Deoxyribonucleic acid.
B. Any person convicted of an offense including traffic
offenses but excluding pa rking and standing violations, punishable
by a fine of Ten Dollars ($10.00) or more or by incarcerati on or any
person forfeiting bond when charged with such an offense, shall be
ordered by the court to pay Ten Dollars ($10.00) as a separate fee,
which fee shall be in addition to and not in sub stitution for any
and all fines and penalties otherwise provide d for by law for such
offense.
C. 1. Any person convicted of any misdemeanor or felony
offense shall pay a Laboratory Analysis Fee in the amount of One
Hundred Fifty Dollars ($150.00) for eac h offense if forensic science
or laboratory services are render ed or administered by the Oklahoma
State Bureau of Investigation (OSBI), by the Toxicology Labor atory
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of the Office of the Chief Medical Examiner or by any municipality
or county in connection with the case. This fee shall be in
addition to and not a subs titution for any and all fines and
penalties otherwise provided for by law for this offense.
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 subsectio n. 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 150.1 9a 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 Chief Medical Examiner
Revolving Fund provide d 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 service s
rendered or administered by a municipality or county.
3. The monies from the Laboratory Analys is Fee Fund deposited
into the OSBI Revolving Fund shall be use d for the following:
a. providing criminalistic laboratory services,
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b. the purchase and mainten ance of equipment for use by
the laboratory in performing a nalysis,
c. education, training, and s cientific 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. C. Upon conviction or bond forfeiture , the court shall
collect the fee prov ided for in subsection B of this section and
deposit it in an account created for that purpose. Except as
otherwise provided in subsection E D of this section, monies shall
be forwarded monthly by the court clerk to t he Council on Law
Enforcement Educatio n and Training (CLEET). Beginning July 1, 2003,
deposits shall be due on the fifteenth day of each month for the
preceding calendar month. There shall be a late fee imposed for
failure to make timely deposits; provid ed, CLEET, 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 a ccumulating until the late fee
reaches one hundred perc ent (100%) of the principal amount due .
Beginning on July 1, 1987, ninety percent (90%) of the monie s
received by CLEET from the court clerks pursuant to this section
shall be deposited in the CLEET F und, and ten percent (10%) shall be
deposited in the General Revenue Fund. Beginning January 1, 2001,
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sixty and fifty-three one-hundredths percent (60.53%) of the monies
received by CLEET from the court clerks pursuant to this section
shall be deposited i n the CLEET Fund created pursuant to subsection
G E of this section, five and eighty-three one-hundredths percent
(5.83%) shall be deposited in the General Re venue Fund and thirty-
three and sixty-four one-hundredths percent (33.64%) shall be
deposited in the CLEET Training Center Revolving Fund created
pursuant to Section 3311.6 of Title 70 of the Oklahoma Statutes.
Along with the deposits required by this sub section, each court
shall also submit a report stating the total amount of funds
collected and the total number of fees imposed during the preceding
quarter. The report may be made on computerized or manual
disposition reports.
E. D. 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 re tain from monies
collected pursuant to subsections A through D C 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 trainin g functions. Not more than
seven percent (7%) of the monies shall be used for court and
prosecution training. The court clerk of any such municipality or
county shall furnish to CLEET the report required by subsection D E
of this section.
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F. 1. Any person entering a plea of guilty or nolo contendere
or is found guilty of the crime of misdemeanor possession of
marijuana or drug paraphernalia shall be ordered by the court to pay
a five-dollar fee, which sha ll be in addition to and not in
substitution for any and all fines 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 person as described in this subsec tion. 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. E. There is hereby created in the State Treasury a fund for
the Council on Law En forcement Education and Training to be
designated the "CLEET Fund". The fund shall be subject to
legislative appropriation and shall consist of any monies receive d
from fees and receipts collected pursuant to the Oklahoma Open
Records Act, reimbursements for parts used in the repai r of weapons
of law enforcement officers attending the basic academies, gifts,
bequests, contributions, tuition, fees, devises and the a ssessments
levied pursuant to the fund pursuant to law.
H. 1. Any person arrested or convic ted of a felony offense or
convicted of a misdemeanor offense of assault and battery, domestic
abuse, stalking, poss ession of a controlled substance prohibited
under Schedule IV of the Uniform Controlled Dangerous Substances
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Act, outraging public decency, resisting arrest, escaping or
attempting to escape, eluding a police officer, Peeping Tom,
pointing a firearm, threa tening an act of violence, breaking and
entering a dwelling place, destruction of property, negligent
homicide or causing a personal injury accident while driving unde r
the influence of any intoxicating substance shall pay a DNA fee of
One Hundred Fifty Do llars ($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 sent encing.
2. 1. The court clerk shall cause to be deposited the amount of
One Hundred Fifty Dollars ($150.00) as collect ed for every felony
arrest, felony convictio n or every conviction for a misdemeanor
offense of assault and battery, d omestic abuse, stalking , possession
of a controlled substance prohibited under the Uniform Controlled
Dangerous Substances Act, outraging p ublic decency, resisting
arrest, escaping or attempting to escape, eluding a police officer,
Peeping Tom, pointing a firearm, threatening an act of violence,
breaking and entering a dwelling place, destruction of property,
negligent homicide or causing a p ersonal injury accident while
driving under the influence of any intoxicating substance as
described in this subsecti on. The court clerk shall remit the
monies in the fund on a monthly basis directly to the OSBI who shall
deposit the monies into the OSBI Revolving Fund provided for in
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Section 150.19a of Title 74 of the Oklahoma Statutes for services
rendered or administ ered by the OSBI.
3. 2. The monies from the DN A sample fee deposited into the
OSBI Revolving Fund shall be used for creating, staffing and
maintaining the OSBI DNA Laboratory and OSB I Combined DNA Index
System (CODIS) Database.
I. F. It shall be the responsi bility of the court clerk to
account for and ensure the correctness and accuracy of payments made
to the state agencies identified in Section s 1313.2 through 1313.4
of this title. Payments made directly to an agency by the court
clerk as a result of diffe rent types of assessments and fees
pursuant to Sections 1313.2 through 1313.4 of this title shall be
made monthly to each state agency.
SECTION 4. AMENDATORY 21 O.S. 2021, Section 1220, is
amended to read as follows:
Section 1220. A. Except as provided in subsection C B of this
section, it shall be unlawful for any operator to knowingly
transport or for any passenger to possess in any moving vehicle upon
a public highway, street or alley any intoxicating beverage or low -
point beer, as defined by Sections 163.1 and 163.2 o f Title 37 of
the Oklahoma Statutes, except in the original container which shall
not have been opened and from which the original cap or seal shall
not have been removed, unless the opened container be in the rear
trunk or rear compartment, which shall in clude the spare tire
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compartment in a station wagon or panel truck, or any outside
compartment which is not accessible to the driver or an y other
person in the vehicle while it is in motion. Any person violating
the provisions of this section shall be dee med guilty of a
misdemeanor, and upon conviction shall be punished as provided in
subsection A of Section 566 of Title 37 of the Oklahoma Statutes.
B. Any person convicted of violating any provision of
subsection A of this section shall, in addition to an y fine imposed,
pay a special assessment trauma-care fee of One Hundred Dollars
($100.00) to be deposited into the Trauma Care Assistance Revolving
Fund created in Section 1-2522 of Title 63 of the Oklahoma Statutes .
C. The provisions of subsection A of this section shall not
apply to the passenger area of buses and limousines; however, it
shall be unlawful for the driver of the bus or limo usine to consume
or have in the driver's immediate possession any intoxicating
beverage or low-point beer.
D. C. No city, town, or county may adopt any order, ordinance,
rule or regulation concerning the consumpti on or serving of
intoxicating beverages or low-point beer in buses or limousines.
E. D. As used in this section:
1. "Bus" means a vehicle as defined in Sectio n 1-105 of Title
47 of the Oklahoma Statutes chartered for transportation of persons
for hire. It shall not mean a school bus, as defined by Section 1-
160 of Title 47 of the Oklahoma Statutes, transporting children or a
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vehicle operated pursuant to a fran chise with a city or town
operating over a regularly scheduled route; and
2. "Limousine" means a chauffeur-driven motor vehicle, other
than a bus or taxicab, as defined by Section 1-174 of Title 47 of
the Oklahoma Statutes, designed and used for transport ation of
persons for compensation.
SECTION 5. AMENDATORY 21 O.S. 2021, Section 175 3.3, is
amended to read as fol lows:
Section 1753.3 A. The operator of a vehicle, unles s any other
person in the vehicle admits to or is identified as having committed
the act, shall be liable pursuant to subsection B of this section
for any act of throwi ng, dropping, depositing, or o therwise placing
any litter from a vehicle upon highways, roads, or public property.
B. Any person convicted of violating the provisions of
subsection A of this section shall be subject to a state traffic
offense punishable b y a fine of not more than One Thousand Dollars
($1,000.00) and upon conviction shall be sentenced to perform not
less than five (5) no r more than twenty (20) hours of community
service in a litter abatement work program as approved by the court,
or the violator may be subject to crimin al prosecution as provided
by the provisions of Section 17 61.1 of this title. The penalties
collected from the payment of the citations shall, after deduction
of court costs, be paid into the reward fund created pursuant to
Section 1334 of Title 22 of the Oklahoma Statutes.
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C. Any person convicted of violating the provisions of
subsection A of this section with any flaming or glowing substances
except those which by law may be placed upon highway rights -of-way,
or any substance which may cause a fire shal l be subject to a state
traffic offense punishable by a fi ne of not more than Two Thousand
Dollars ($2,000.00) and, upon conviction, shall be sentenced to
perform not less than ten (10) nor more than forty (40) hours of
community service in a litter abatem ent work program as approved by
the court, or the violator may be subject to criminal prosecution as
provided by the provisions of Section 1761.1 of this title. The
penalties collected from the payment of the citations shall, after
deduction of court cost s, be paid to the fire department of the
district in which the flaming or glowing substance was discarde d.
D. During a declared burn ban by the Governor, any person
convicted of violating the provisions of subsection A of thi s
section with any flaming or glowing substances except those which by
law may be placed upon highway rights-of-way, or any substance which
may cause a fire shall be subject to a state traffic offense
punishable by a fine of not more than Four Thousand Dol lars
($4,000.00) and, upon con viction, shall be sentenced to perform not
less than twenty (20) nor more than eighty (80) hours of comm unity
service in a litter abatement work program as approved by the court,
or the violator may be subject to criminal pros ecution as provided
by the provisions of Section 1761.1 of this title. The penalties
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collected from the payment of the citations shal l, after deduction
of court costs, be paid to the fire department of the district in
which the flaming or glowing substanc e was discarded.
E. As used in this section, "litter" means any flaming or
glowing substances except those which by law may be placed upon
highway rights-of-way, any substance which may cause a fire, any
bottles, cans, trash, garbage, or debris of any kin d. As used in
this section, "litter" shall not include trash, garbage, or debris
placed beside a public road for collection by a garb age or
collection agency, or deposited upon or within public property
designated by the state or by any of its agencies or political
subdivisions as an appropriate place for such deposits if the person
making the deposit is authorized to use the property f or such
purpose.
SECTION 6. AMENDATORY 21 O.S. 2021, Section 1761.1, is
amended to read as follo ws:
Section 1761.1 A. Any person who deliberately places, throws,
drops, dumps, deposits, or discards any gar bage, trash, waste,
rubbish, refuse, debris, or other deleterious substance on any
public property, on any private property of another without co nsent
of the property owner or on his or her own private property in
violation of any county or state zoning or public health regulati ons
shall, upon conviction, be deemed guilty of a misdemeanor.
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B. Any person convicted of violating the provisions of
subsection A of this section shall be punished by a fine of not less
than Five Hundred Dollars ($500.00) nor more than Five Thousand
Dollars ($5,000.00) or by imprisonment in the county jail for not
more than thirty (30) days, or by both such fine and impriso nment.
C. Any person convicted of violating the provisions of
subsection A of this section with any flaming or glowing substance,
or any substance which may cause a fire shall be punished by a fine
of not less than Two Thousand Dollars ($2,000.00) nor mor e than Five
Thousand Dollars ($5,000.00) or by imprisonment in the county jail
for not more than sixty (60) day s, or by both such fine and
imprisonment. The penalties collected from the payment of the
citations shall, after deduction of court costs, be pa id to the fire
department of the district in which the flaming or glowing substance
was discarded. Any person violating the provision s of this
subsection shall be liable for all damages caused by the violation.
Damages shall be recoverable in any court o f competent jurisdiction.
D. During a burn ban declared by the Governor, any person
convicted of violating the provisions of subsecti on A of this
section with any flaming or glowing substances, or any substance
which may cause a fire shall be punished by a fine of not less than
Four Thousand Dollars ($4,000.00) nor more than Ten Thousand Dollars
($10,000.00) or by imprisonment in the co unty jail for not more than
one hundred twenty (120) days, or by both such fine and
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imprisonment. The penalties collected from the payment of the
citations shall, after deduction of court costs, be paid to the fire
department of the district in which the flaming or glowing substance
was discarded. Any person violating the provisions of this
subsection shall be liable for al l damages caused by the violation.
Damages shall be recoverable in any court of competent jurisdiction.
E. Any person convicted of v iolating the provisions of
subsection A of this section with any item of furniture, or item
that exceeds fifty (50) pounds , shall be punished by a fine of not
less than One Thousand Dollars ($1,000.00) nor more than Six
Thousand Five Hundred Dollars ($6,50 0.00) or by imprisonment in the
county jail for not more than sixty (60) days, or by both such fine
and imprisonment.
F. D. In addition to the penalty prescribed by subsection B of
this section, the court shall direct the person to mak e restitution
to the property owner affected; to remove and properly dispose of
the garbage, trash, waste, rubbish, refuse, or debris from the
property; to pick up, remove, and properly dispose of garbage,
trash, waste, rubbish, refuse, debris, and other n onhazardous
deleterious substances from public property; or perform community
service or any combination of the foregoing which the court, in its
discretion, deems appropriate. The dates, times, and locations of
such activities shall be scheduled by the s heriff pursuant to the
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order of the court in such a manner as not to interfere with the
employment or family responsibilities of the person.
G. E. In addition to the penalty prescribed in subsection B of
this section and the restitution prescribed in subsect ion F D of
this section, the court may order the defendant to pay into the
reward fund as prescribed in Section 1334 of Title 22 of the
Oklahoma Statutes an amount not to exceed Two Thousand Dollars
($2,000.00).
H. F. The discovery of two or more items which h ave been
dropped, dumped, deposited, discarded, placed, or thrown at one
location and which bear a common address in a form which tends to
identify the latest owner of the items shall create a rebuttable
presumption that any competent person residing at su ch address
committed the unlawful act. The discovery or use of such evidence
shall not be sufficient to qualify for the reward provide d in
Section 1334 of Title 22 of the Oklahoma Statutes.
I. G. Any person may report a violation of this section, if
committed in his or her prese nce, to an officer of the State Highway
Patrol, a county sheriff or deputy, a municipal law enforcement
officer or any other peace officer in this state. The peace officer
shall then conduct an investigation into the allegations, if
warranted. If a viola tion of this section has in fact been
committed, and the peace officer has reasonable cause to believe a
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particular person or persons have committed the violation, a report
shall be filed with the district attorney for prosecution.
J. H. Notwithstanding the provisions of subsection I G of this
section, any peace officer of this state or of any political
subdivision of this state may issue a state traffic citation to any
person committing a violation of subsection A of this section. Such
state traffic citation shall be in an amount of not less than Five
Hundred Dollars ($500.00) nor more than Five Thousand Dollars
($5,000.00). The penalties collected from the payment of such
citations shall not include court costs and shall be divided as
follows:
1. One-half (1/2) shall be paid into the reward fund created
pursuant to Section 1334 of Title 22 of the Oklahoma Statut es;
provided that if the citation is issued by a peace officer of a
county of this state, the funds allocated by this paragraph shall be
transferred to the general fund of the county of the law enforce ment
officer issuing the citation; and
2. One-half (1/2) shall be paid into the sheriff's service fee
account for that county to be used for enforcing provisions of this
section.
K. I. The amount of bail for littering offenses specified in
Section 1753.3 of this title and for trash dumping offenses
specified in this section shall be the amount of fine specified in
each statute plus costs including any penalty assessment, as well as
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costs incurred in Section 1313.3 of Title 20 of the Oklahoma
Statutes.
SECTION 7. AMENDATORY 22 O.S. 2021, Section 471.6, as
amended by Section 5, Chapter 277, O.S.L. 2022 (22 O.S. Supp. 2022,
Section 471.6), is amended to read as follows:
Section 471.6. A. The drug court judge shall conduct a hearing
as required by subsection F of Section 471.4 of this title to
determine final eligibility by considering:
1. Whether the offender voluntarily consen ts to the program
requirements;
2. Whether to accept the offender based upon the findings and
recommendations of the drug court investigation authorized by
Section 471.4 of this title;
3. Whether there is a written plea agr eement, and if so,
whether the terms and conditions of the written negotiated plea
between the district attorney, the defense attorney and the offender
are appropriate and consistent with the penalty pro visions and
conditions of other similar cases;
4. Whether there is an appropriate t reatment program available
to the offender and whether there is a recommended treatment plan;
and
5. Any information relevant to determining eligibility;
provided, however, an offender shall not be denied admittance to any
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drug court program based upon an inability to pay court costs or
other costs or fees.
B. At the hearing to determine final eligibility for the drug
court program, the judge shall not grant any admissi on of any
offender to the program when:
1. The required treatment plan and plea agree ment have not been
completed;
2. The program funding or availability of treatment has been
exhausted;
3. The treatment program or drug court team is unwilling to
accept the offender;
4. The offender does not meet the presumptive eligibility
criteria of the program; or
5. The offender is inappropriate for admission to the program,
in the discretion of the judge.
C. At the final eligibility hearing, if evidence is presented
that was not discovered by the drug court investigati on, the
district attorney or the defense attorney m ay make an objection and
may ask the court to withdraw the plea agreement previously
negotiated. The court shall determine whether to proceed and
overrule the objection, to sustain the objection and trans fer the
case for traditional criminal prosecution o r to require further
negotiations of the plea or punishment provisions. The decision of
the judge for or against eligibility and admission shall be final.
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D. When the court accepts the treatment plan wit h the written
plea agreement, the offender, upon en tering the plea as agreed by
the parties, shall be ordered and escorted immediately into the
program. The offender must have voluntarily signed the necessary
court documents before the offender may be adm itted to treatment.
The court documents shall incl ude:
1. Waiver of the offender's rights to speedy trial;
2. A written plea agreement which sets forth the offense
charged, the penalty to be imposed for the offense in the event of a
breach of the agreem ent and the penalty to be imposed, if any, in
the event of a successful completion of the treatment program;
provided, however, incarceration shall be prohibi ted when the
offender completes the treatment program;
3. A written treatment plan which is subje ct to modification at
any time during the program; and
4. A written performance contract requiring the offender to
enter the treatment program as directed by the court and participate
until completion, withdrawal or removal by the court.
E. If admission into the drug court program is denied, the
criminal case shall be returned to the traditional criminal docket
and shall proceed as provided for any other crim inal case.
F. At the time an offender is admitted to the drug court
program, any bail or undertak ing on behalf of the offender shall be
exonerated.
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G. The period of time during which an offender may participate
in the active treatment portion of the drug court program shall be
not less than six (6) months nor more than twenty-four (24) months
and may include a period of supervision not less than six (6) months
nor more than one (1) year following the treatment portion of the
program. The period of superv ision may be extended by order of the
court for not more than six (6) months. No treatment dollar s shall
be expended on the offender during the exte nded period of
supervision. If the court orders that the period of supervision
shall be extended, the drug court judge, district attorney, the
attorney for the offender and the supervising staff for the d rug
court program shall evaluate the appropriatenes s of continued
supervision on a quarterly basis. All participating treatment
providers shall be certified by the Department of Mental Health and
Substance Abuse Services and shall be selected and evaluate d for
performance-based effectiveness annually by t he Department of Mental
Health and Substance Abuse Services. Treatment programs shall be
designed to be completed within twelve (12) months and shall have
relapse prevention and evaluation components.
H. The drug court judge shall order the offender to p ay court
costs, treatment costs, and drug testing costs, a program user fee
not to exceed Twenty Dollars ($20.0 0) per month and necessary
supervision fees, unless the offender is indigent. The drug court
judge shall establish a schedule for the payment of cos ts and fees.
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The cost for treatment, drug testing and super vision shall be set by
the treatment and superv ision providers respectively and made part
of the court's order for payment. User fees shall be set by the
drug court judge within the maximum amoun t authorized by this
subsection and payable directly to the court clerk for the benefit
and administration of the drug court program. Treatment, drug
testing and supervision costs shall be paid to the respective
providers. The court clerk shall collect a ll other costs and fees
ordered and deposit such costs and f ees with the county treasurer in
a drug court fund created and administered pursuant to subsection I
of Section 471.1 of this title. The rem aining user fees shall be
remitted to the State Treasur er by the court clerk for deposit in
the Department of Mental Health and Substance Abuse Services' Drug
Abuse Education and Treatment Revolving Fund established pursuant to
Section 2-503.2 of Title 63 of the Oklahoma Statutes. Court orders
for costs and fees pursuant to this subsection shall not be limited
for purposes of collection to the maximum term of impr isonment for
which the offender could have been imprisoned for the offense, nor
shall any court order for costs and fees be limited by any term of
probation, parole, supervision, treatment or extension thereof .
Court orders for costs and fees shall remain an obligation of the
offender until fully paid; provided, however, once the offender has
successfully completed the drug court program, the drug cou rt judge
shall have the discretion to expressly waive all or part of the
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costs and fees provided for in thi s subsection if, in the opinion of
the drug court judge, continued payment of the costs and fe es by the
offender would create a financial hardship fo r the offender.
Offenders who have not fully paid all costs and fees pursuant to
court order but who have otherwise successfully completed the drug
court program shall not be counted as an active drug court
participant for purposes of drug court contracts or program
participant numbers.
I. Notwithstanding any oth er provision of law, if the driving
privileges of the offender have been suspended, revoked, canceled or
denied by the Department of Public S afety and if the drug court
judge determines that no ot her means of transportation for the
offender is available, t he drug court judge may enter a written
order requiring the Department of Public Safety to stay any and all
such actions against the Class D driving privileges of the offender;
provided, the stay shall not be construed to grant driving
privileges to an off ender who has not been issued a driver license
by the Department or whose Oklahoma driver license has expired, in
which case the offender sha ll be required to apply for and be found
eligible for a driver license, pass all examinations, if applicable,
and pay all statutory driver license issuance or ren ewal fees. The
offender shall provide proof of insurance to the drug court judge
prior to the judge ordering a stay of any driver license suspension ,
revocation, cancellation or denial. When a judge of a dru g court
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enters a stay against an order by the D epartment of Public Safety
suspending or revoking the driving privileges of an offender, the
time period set in the order by the Department for the s uspension or
revocation shall continue to run during the sta y. When an offender
has successfully completed the drug court program, the drug court
judge shall maintain jurisdiction over the offender 's driving
privileges for one (1) year after the date on w hich the offender
graduates from the drug court program.
SECTION 8. AMENDATORY 22 O.S. 2021, Section 979a, is
amended to read as follows:
Section 979a. A. The court shall require a person who is
actually received into custody at a jail f acility or who is confined
in a city or county jail or holding facility, for any offense, to
pay the jail facility or holding facility the costs of
incarceration, both before and after conviction, upon conviction or
receiving a deferred sentence. The cost s of incarceration shall be
collected by the clerk of the court as provid ed for collection of
other costs and fines, which sh all be subject to review under the
procedures set forth in Section VIII of the Rules of the Oklahoma
Court of Criminal Appeals, Cha pter 18, Appendix of this title.
Costs of incarceration shall include bo oking, receiving and
processing out, housing, food, clothing, medical care, dental care,
and psychiatric services. The costs for incarceration shall be an
amount equal to the actual cost of the services and shall be
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determined by the chief of police for c ity jails and holding
facilities, by the county sher iff for county jails or by contract
amount, if applicable. In the event a person requires emergency
medical treatment for an injur y or condition that threatens life or
threatens the loss or use of a limb prior to being actually received
into the custody of any jail facility, the provisions of Section 533
of Title 21 of the Oklahoma Statutes shall apply to taking custody,
medical care and cost responsibility. The cost of incarceration
shall be paid by the court clerk, when collected, to the
municipality, holding facility, county or other public entity
responsible for the operation of such facility where the person was
held at any time. Except for medical costs, ten percent (10%) of
any amount collected by the court clerk shall be paid to the
municipal attorney's or district attorney's office, and the
remaining amount shall be paid to the municipality, the sheriff 's
service fee account or, if the sheriff does not operate the jail
facility, the remaining amo unt shall be deposited with the public
entity responsible for the operation of the jail facility where the
person was held at any time. The court shall order the def endant to
reimburse all actual costs of incarceration, upon conviction or upon
entry of a deferred judgment and sentence unless the defe ndant is a
mentally ill person as defined by Section 1-103 of Title 43A of the
Oklahoma Statutes. The sheriff shall giv e notice to the defendant
of the actual costs owed before any court-ordered costs are
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collected. The defendant shall have an opportunit y to object to the
amount of costs solely on the grounds that the number of days served
is incorrect. If no objection i s made, the costs may be collected
in the amount stated in the notice to the defendant. The sheriff,
municipality or other public entit y responsible for the operation of
the jail may collect costs of incarceration ordered by the court
from the jail accoun t of the inmate. If the funds collected from
the jail account of the inmate are insufficient to satisfy the
actual incarceration costs ordered by the court, the sheriff,
municipality or other public entity responsible for the ope ration of
the jail is authorized to collect the remaining balance of the
incarceration costs by civil action. When the sheriff, municipality
or other public enti ty responsible for the operation of the jail
collects any court-ordered incarceration costs fr om the jail account
of the inmate or by criminal or civil action, the court clerk shall
be notified of the amount colle cted.
B. Except as may otherwise be provid ed in Section 533 of Title
21 of the Oklahoma Statutes, any offender receiving routine or
emergency medical services or medications or injured during the
commission of a felony or misdemeanor offense and administe red any
medical care shall be required to r eimburse the sheriff,
municipality or other public entity responsible for the operation of
the jail, the full amount pai d by the sheriff, municipality or other
public entity responsible for the operation of the ja il for any
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medical care or treatment admini stered to such offender during any
period of incarceration or when the person was actually rec eived
into custody for any reason in that jail facility. The sheriff,
municipality or other public entity responsible for the operation of
the jail may deduct th e costs of medical care and treatment as
authorized by Section 531 of Title 19 of the Oklahoma Statutes. If
the funds collected from the jail account of the inmate are
insufficient to satisfy the actual medical c osts paid, the sheriff,
municipality or other public entity responsible for the operation of
the jail shall be authorized to collect the remaining balance of the
medical care and treatment by civil actions.
C. Costs of incarceration shall be a debt of the inmate owed to
the municipality, county, o r other public entity responsible for the
operation of the jail and may be collected as provid ed by law for
collection of any other civil debt or criminal penalty.
D. The court shall not waive the costs of incarc eration in
their entirety. However, if the court determines that a reduction
in the fine, costs, and costs of incarceration is warranted , the
court shall equally apply the same percentage reduction to the fine,
costs, and costs of incarceration owed by th e defendant.
SECTION 9. AMENDATORY 22 O.S. 2021, Section 982, is
amended to read as follows:
Section 982. A. Whenever a person is conv icted of a violent
felony offense whether the conviction is for a single offense or
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part of any combination of offenses, except when the death sentence
is available as punishment for the offense, the court may, before
imposing the sentence, require a prese ntence investigation be made
of the offender by the Department of Corrections. The court shall
order the defendant to pay a fee to the Department of Corrections of
not less than Fifty Dollars ($50.00) nor more than Five Hundred
Dollars ($500.00) for the p resentence investigation. In ha rdship
cases, the court may reduce the amount of the fee and establish a
payment schedule.
B. Whenever a person has a prior felony conviction and enters a
plea of guilty or nolo contendere to a felony offense other than a
violent felony offense, without an agreement by the district
attorney regarding the sentence to be imposed, the court may order a
presentence investigation be made by the Department of Corrections.
The fee provided in subsection A of this section shall apply to
persons subject to this subsection.
C. Whenever a person has entered a plea of not gu ilty to a
nonviolent felony offense and is found guilty by a court following a
non-jury trial, the court may require a presentence investigation be
made by the Department of Corrections. The fee provided in
subsection A of this section shall apply to pers ons subject to this
subsection.
D. When conducting a presentence investigation, the Department
shall inquire into the circumstances of the offense and the
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characteristics of the offender. The information obtained from the
investigation shall include, but not be limited to, a voluntary
statement from each victim of the offense concerning the nature of
the offense and the impact of the offense on the victim and th e
immediate family of the victim, the amount of the loss suffered or
incurred by the victim as a result of the criminal conduct of the
offender, and the age, marital status, living arrangements,
financial obligations, income, family history and education, prior
juvenile and criminal records, associations with other persons
convicted of a felony offe nse, social history, indications of a
predisposition to violence or substance abuse, remorse or guilt
about the offense or the harm to the victim, job skills and
employment history of the offender. The Department shall make a
report of information from su ch investigation to the court,
including a recommendation detailing the punishment which is deemed
appropriate for both the offense and the offender, and specifi cally
a recommendation for or against probation or suspended sentence.
The report of the inves tigation shall be presented to the judge
within a reasonable time, and upon failure to present the report,
the judge may proceed with sentencing. Whenever, in t he opinion of
the court or the Department, it is desirable, the investigation
shall include a physical and mental examination or either a physical
or mental examination of the offender.
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E. The district attorney may have a presentence investigation
made by the Department on each person charged with a violent felony
offense and entering a plea of gui lty or a plea of nolo contendere
as part of or in exchange for a plea agreement for a violent felony
offense. The presentence investigation shall be completed b efore
the terms of the plea agreement are finalized. The court shall not
approve the terms of any plea agreement without reviewing the
presentence investigation report to determine whether or not the
terms of the sentence are appropriate for both the offe nder and the
offense. The fee provided in subsection A of this section shall
apply to persons subject to this subsection and shall be a c ondition
of the plea agreement and sentence.
F. The presentence investigation reports specified in this
section shall not be referred to, or be considered, in any appeal
proceedings. Before imposing a sentence, the court shall advise the
defendant, counsel for the defendant, and the district attorney of
the factual contents and conclusions of the presentence
investigation report. The court shall afford the offender a fair
opportunity to controvert the findings a nd conclusions of the
reports at the time o f sentencing. If either the defendant or the
district attorney desires, a hearing shall be set by the court to
allow both parties an opportunity to offer evidence proving or
disproving any finding contained in a report, which shall be a
hearing in mitigation or aggravation of punishment.
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G. The required presentence investigation and report may be
waived upon written wai ver by the district attorney and the
defendant and upon approval by the Court.
H. As used in this section, "violent felony offense " means:
1. Arson in the first degree;
2. Assault with a dangerous weapon, battery with a dangerous
weapon or assault and b attery with a dangerous weapon;
3. Aggravated assault and battery on a police officer, sheriff ,
highway patrol officer, or any other offi cer of the law;
4. Assault with intent to kill, or shooting with intent to
kill;
5. Assault with intent to commit a felony, or use of a firearm
to commit a felony;
6. Assault while masked or disguised;
7. Burglary in the first degree or burglary with e xplosives;
8. Child beating or maiming;
9. Forcible sodomy;
10. Kidnapping, or kidnapping for extortion;
11. Lewd or indecent proposition or lewd or indecent acts with
a child;
12. Manslaughter in the first o r second degrees;
13. Murder in the first or second degrees;
14. Rape in the first or second degrees, or rape by
instrumentation;
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15. Robbery in the first or second degrees, or robbery by two
or more persons, or robbery with a dangerous weapon; or
16. Any attempt, solicitation or conspiracy to commit any of
the above enumerated offenses.
SECTION 10. AMENDATORY 22 O.S. 2021, Section 991a , is
amended to read as follows:
Section 991a. A. Except as otherwise provided in the Elderl y
and Incapacitated Victim's Protection Program, when a defendant is
convicted of a crime and no death sentence is imposed, the court
shall either:
1. Suspend the execution of sentence in whole or in part, with
or without probation. The court, in additio n, may order the
convicted defendant at the time of sen tencing or at any time during
the suspended sentence to do one or more of the following:
a. to provide restituti on to the victim as provide d by
Section 991f et seq. of this title or according to a
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
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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 victi m or victims, as a result of the
criminal act for which such person was convicted,
which reimbursement shall be made directly to the
state agency, with interest accruing thereon at the
rate of twelve percent (12%) per annum,
c. to engage in a term of commu nity service without
compensation, according to a schedule consistent with
the employment and family responsibil ities of the
person convicted,
d. to pay a reasonable sum into any trust fund,
established pursuant to the provisions of Sections 176
through 180.4 of Title 60 of the Oklahoma Statutes,
and which provides restitution payments by convicted
defendants to victims of crimes committed wi thin 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
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less than three (3) years of the total term allowed by
law for imprisonment, with 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 a buse 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, 1 115 and
1123 of Title 21 of the Oklahoma Statutes,
g. to repay the reward or part of the reward paid by a
local certified crime stoppers program and the
Oklahoma Reward System. In determining whether the
defendant shall repay th e reward or part of the
reward, the court shall consider the ability of the
defendant to make the payment, the financial hardship
on the defendant to make the required payment, and the
importance of the information to the prosecution of
the defendant as provided by the arresting off icer or
the district attorney with due regard for the
confidentiality of the records of the local certified
crime stoppers program and the Oklahoma Reward System.
The court shall assess this repayment against the
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defendant as a cost of prosecution. The t erm
"certified" means crime stoppers organizations that
annually meet the certification standards for crime
stoppers programs established by the Oklahoma Crime
Stoppers Association to the extent those standards do
not conflict with state statutes. The ter m "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 Stat e Bureau of
Investigation for costs incurred by that agency during
its investigation of t he crime for which the defendant
pleaded guilty, nolo c ontendere or was convicted,
including compensation for laboratory, technical, or
investigation services performe d by the Bureau if, in
the opinion of the court, the defendant is able to pay
without imposing manifest hardship on the defendant,
and if the costs incurred by the Bureau during the
investigation of the defendant's case may be
determined with reasonable ce rtainty,
i. to reimburse the Oklahoma State Bureau of
Investigation and any authorized la w enforcement
agency for all costs incurred by that age ncy for
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cleaning up an illegal drug laboratory site for which
the defendant pleaded guilty, nolo contendere or w as
convicted. The court cl erk shall collect the amount
and may retain five percent (5%) of such monies to be
deposited in the Court Clerk Revol ving Fund to cover
administrative costs and shall remit the remainder to
the Oklahoma State Bureau of Investigat ion to be
deposited in the OSBI Revolving Fund established by
Section 150.19a of Title 74 of the Oklahoma Statutes
or to the general fund wherei n 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,
k. to reimburse the court fund for a mounts paid to court-
appointed attorneys for representing the defendant in
the case in which the person is being sentenced,
l. to participate in an assessment and evaluation by an
assessment agency or assessment personnel certified by
the Department of Men tal 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
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substance abuse course o r treatment program 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 impac t panel program, as
defined in subsection H of this section, or
victim/offender reconcili ation program and payment of
a fee to the program of no t less than Fifteen Dollars
($15.00) nor more than Sixty Dollars ($60.00) as set
by the governing authority of t he program to offset
the cost of participation by the defendant. Provided,
each victim/offender reconciliation program shall be
required to obtain a written 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 of the proceedings. Volunteer
mediators and employees of a victim/offender
reconciliation program shall be immune from liability
and have rights of confidentiality a s provided in
Section 1805 of Title 12 of the Oklahoma Statutes,
n. to install, at the ex pense of the defendant, an
ignition interlock device ap proved by the Board of
Tests for Alcohol and Drug Influence. The device
shall be installed upon every motor veh icle operated
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by the defendant, and the court shall require that a
notation of this restr iction be affixed to the
defendant's driver license. T he restriction 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 only by order of the court
and notice of any mod ification order shall be given to
the Department of Pub lic Safety. 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 sentenc ing
court. As used in this paragraph, "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 concentra tion
of two-hundredths (0.02) or greater,
o. to be confined by electronic monitoring administered
and supervised by the Department of Corrections or a
community sentence provider, and payment of a
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monitoring fee to the supervisin g authority, not to
exceed Three Hundred Dollars ($300.00) per month. Any
fees collected pursuant to this paragraph shall be
deposited with the appropriate supervising authority.
Any willful violation of an order of the court for the
payment of the monitoring fee shall be a violat ion 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 dev ice
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,
p. to perform one or more courses of treatment, education
or rehabilitation for any 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, propensity for violence, antisocial
behavior, personality or attitudes, deviant sexual
behavior, child development, parenting assistance, job
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skills, vocational-technical skills, domestic
relations, literacy, education, or any other
identifiable deficiency which may be treated
appropriately in the community and 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 requir ed to be certified
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
combination thereof as determined 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 community,
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v. to serve a term of confinement in the county jail at
night or during weekend s 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
community. Day fines shall be used to support the
local system,
z. to submit to blood or saliva t esting as required 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 restoring of the property,
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bb. to restore damaged pro perty in kind or payment of out-
of-pocket expenses to the victim, if the court is able
to determine the actual out-of-pocket expenses
suffered by the victim,
cc. to attend a victim-offender reconciliation program if
the victim agrees to participate and the offender 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 rec eive counseling
for the behavior which may have caused such pe rson 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
behavior problems, or dome stic abuse or child abuse
problems,
ee. in the case of a sex o ffender 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 with sex offender
specific rules and conditions of supervision
established by the Departme nt of Corrections and
require the person to participate in a treatment
program designed for the treatment of sex offenders
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during the period of time while the offender is
subject to supervision by the Department of
Corrections. The treatment program shall include
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 period of
supervision. The examination shall be a dministered 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 on the defendant's
ability to pay,
ff. in addition to other sentencing powers of the court,
the court in the case of a defendant being sentenced
for a felony conviction for a violation of Secti on 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 participate in a community
sanctions program, if available,
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gg. in the case of a person convic ted of any false or
bogus check violation, as defined in Section 1541.4 of
Title 21 of the Oklahoma Statutes, impose a fee of
Twenty-five Dollars ($25.00) to the victim for each
check, and impose a bogus check fee to be paid to the
district attorney. The bogus check fee paid to the
district attorney shall be equal to 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 be deposited in the
Bogus Check Restitution Pro gram Fund as established in
subsection B of Section 114 of this title.
Additionally, the court may require the offender to
pay restitution and bogus check fees on any other
bogus check or check s that have been submitted to the
District Attorney Bogus Chec k Restitution Program,
hh. in the case of a person being sentenced for a
conviction for a violation of Section 644 of Title 21
of the Oklahoma Statutes, require the person to
receive an assessment for batterers, which shall be
conducted through a certified treatment program for
batterers, and
ii. any other provision specifically ordered by the court.
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However, any such order for restitution, community service,
payment to a local certified crime st oppers program, payment to the
Oklahoma Reward System, or conf inement in the county jail, or a
combination thereof, shall be made in conjunction with probation and
shall be made a condition of the suspended sentence.
However, unless under the supervision o f the district attorney,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district attorney during the first two (2) years of
probation to compensate the district attorney for the costs incurred
during the prosecution of the of fender and for the additional work
of verifying the compliance of the offender 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. Any
fees collected by the district attorney pursuant to this paragraph
shall be deposited in the General Revenue Fund of the State
Treasury. The court shall not waive, suspend, defer or dismiss the
costs of prosecution in its entirety. However, if the court
determines that a red uction in the fine, costs and costs of
prosecution is warrante d, 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 prescribed by law for the offense, with or
without probation or commitment 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 confinement 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 during 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 hardship 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 State Bureau
of Investigation for all costs incurred by that agency for cleaning
up an illegal drug laboratory site 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 shall remit the remainder to the Oklahoma
State Bureau of Investigation to be deposited in the OSBI Revolving
Fund established by Section 150.19a of Title 74 of the Oklahoma
Statutes;
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6. In addition to the other sentencing powers of the c ourt, in
the case of a person convicted of operating or being in control of a
motor vehicle while the person was under the influence of alcohol,
other intoxicating substance, or a combination of alcohol or another
intoxicating substance, or convicted of op erating a motor vehicle
while the ability of the person to ope rate 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, if such a program is
offered in the county where the judgment is rendered,
and to pay a fee of not less than Fifteen Dollars
($15.00) nor more than Sixty Dollars ($60.00) 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 defendant, if in the opini on of
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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 s ubparagraph b of
this paragraph,
d. to install, at the expense of the person, an ignition
interlock device approved by the Board of Tests for
Alcohol and Drug Influence, upon every motor vehicle
operated by such person and to require that a notation
of this restriction be affixed to the 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 court shall determine. The
restriction may be modified or removed by order of t he
court and notice of the order shall be given to the
Department of Public Safety. 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 th e order
to install an ignition 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 adminis tered 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 Department 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 Revolving
Fund. Any order by the court for the payment of the
monitoring fee, if willfully disobeyed, may be
enforced as an indirect contempt of court;
7. In addition to the other sentencing powers of the court, in
the case of a person convicted of prostitution pursuant to Section
1029 of Title 21 of the Oklahoma Statutes, require su ch person to
receive counseling for the behavior which may hav e caused such
person 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 behavior p roblems, or domestic
abuse or child abuse problems;
8. In addition to the other sentencing powers of the court, in
the case of a person convicted of any crime related to domestic
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abuse, as defined in Section 60.1 of this title, the court may
require the defendant to undergo the treatment or participate in an
intervention program for batterers certified by the Office of the
Attorney General, necessary to bring about the cessation of domestic
abuse. In the instance where the defendant alleges that he or she
is a victim of domestic abuse and the current conviction is a
response to that abuse, the court may require the defendant to
undergo an assessment by a domestic violence program certified by
the Office of the Attorney General, and, if based upon the resul ts
of the assessment, the defendant is determined to be a vict im of
domestic violence, the defendant shall undergo treatment and
participate in a certified program for domestic violence victims.
The defendant may be required to pay all or part of the cost of the
treatment or counseling services;
9. In addition to t he 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 require the person to participate in a
treatment program designed 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 pur pose of supervision and treatment compliance,
provided the examination is administered by a certified licensed
polygraph examiner. The treatment program must be approved by the
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Department of Corrections or the Department of Mental Health and
Substance Abuse Services. Such treatment shall be at the expense of
the defendant based on the defendant's ability to pay;
10. In addition to the other sentencing powers of the court,
the court, in the case of a person convicted of child abuse or
neglect, as defined in Section 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 required
to pay all or part of the cost of the treatment or counseling
services;
11. 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 Oklahoma Statutes, may
require the person to pay restitution to animal facilities for
medical care and any boarding costs of victimized animals;
12. 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;
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13. In addition to the other sentencing 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 court may
prohibit the person from accessing or using any Internet social
networking web site website that has the potential or likelihood of
allowing the sex offender to have contact with any child who is
under the age of eighteen (18) years; or
14. In addition to the other sentencing 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 court shall
require the person to reg ister any electronic mail address
information, instant message, chat o r other Internet communication
name or identity information that the person uses or intends to use
while accessing the Internet or used for other purposes of social
networking or other s imilar Internet 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 pleading
guilty or nolo contendere for a violation of any provision of such
sections shall be ordered to par ticipate in, prior to sentencing, 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 for the purpose of evaluating the
receptivity to treat ment and prognosis of the person. The court
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shall order the person to reimburse the agency or assessor for the
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 ordered by the court.
The agency or assessor shall, within seventy -two (72) hours from the
time the person is assessed, submit a written report to the court
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 ce rtified by the
Department of Mental Health and Substance Abuse Service s shall
solicit or refer any person evaluated pursuant to this subsection
for any treatment program or alcohol and drug substance abuse
service in which such person, agency or facility h as a vested
interest; however, this provision shall not be construed t o prohibit
the court from ordering participation in or any person from
voluntarily utilizing a treatment program or alcohol and drug
substance abuse service offered by such person, agenc y or facility.
If a person is sentenced to the custody of the Departm ent of
Corrections and the court has received a written evaluation report
pursuant to this subsection, the report shall be furnished to the
Department of Corrections with the judgment an d sentence. Any
evaluation report submitted to the court pursuant to this subsection
shall be handled in a manner which will keep such report
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confidential from the general public's review. Nothing contained in
this subsection shall be construed to prohib it the court from
ordering judgment and sentence in the event the defe ndant fails or
refuses to comply with an order of the court to obtain the
evaluation required by this subsection.
C. When sentencing a person convicted of a crime, the court
shall first consider a program of restitution for the victim, as
well as imposition of a fine or incarceration of the offender. The
provisions of paragraph 1 of subsection A of this section shall not
apply to a defendant being sentenced for:
1. A third or subsequen t conviction of a violent crime
enumerated in Section 571 of Title 57 of the Oklahoma Statutes;
2. A fourth or subsequent conviction for any other felony
crime; or
3. Beginning January 1, 1993, a defendant being sentenced for a
second or subsequent felon y conviction for violation of Section 11-
902 of Title 47 of the Oklaho ma Statutes, except as otherwise
provided in this subsection.
In the case of a person being sentenced for a second or
subsequent felony conviction for violation of Section 11 -902 of
Title 47 of the Oklahoma Statutes, the court may sentence the person
pursuant to the provisions of paragraph 1 of subsection A of this
section if the court orders the person to submit to electronically
monitored home detention administered and supervised by th e
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Department of Corrections pursuant 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 p art of
the record of the case.
D. When sentencing a person convicted of a crime, the judge
shall consider any victims impact statements if submitted to the
jury, or the judge in the event a jury is waived.
E. Probation, for purposes of subsection A of th is section, is
a procedure by which a defendant found guilty of a crim e, whether
upon a verdict or plea of guilty or upon a plea of nolo contendere,
is released by the court subject to conditions imposed by the court
and subject to supervision by the Depar tment of Corrections, a
private supervision provider or other person d esignated by the
court. Such supervision shall be initiated 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 sentence is filed
during the supervision, or as otherwise provided by law. In the
case of a person convicted of a sex offense, supervision shall begin
immediately upon release from inca rceration 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
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the sentence upon a deter mination by the court or the Division of
Probation and Parole of the D epartment of Corrections that the best
interests of the public and the release will be served by an
extended period of supervision. Any supervision provided for under
this section may not have the period of supervision extended for a
failure to pay fines, fees and other costs, excluding restitution,
except upon a finding of willful nonpayment.
F. The Department of Corrections, or such other agency as the
court may designate, shall be re sponsible for the monitoring and
administration of the restitution and service programs 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.
G. 1. The Department o f Corrections is hereby authorized,
subject to funds available through appropriation by the Legislature,
to contract with counties for the administration of county Community
Service Sentencing Programs.
2. Any offender eligible to participate in the Progr am pursuant
to Section 991a et seq. of this title shall be eligible to
participate in a county Program; provided, participation in county-
funded Programs shall not be limited to offender s who would
otherwise be sentenced to confinement with the Department of
Corrections.
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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 c ounty-funded Program for a
specific period of time. The Department sh all 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 services to the
Department.
4. The Department is hereby a uthorized to provide technical
assistance to any county in establishing a Program, regardless of
whether the county enters into a contract pursuant to this
subsection. Technical assista nce shall include appropriate
staffing, development of community resou rces, sponsorship,
supervision and any other requirements.
5. The Department shall annually make 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 participating
offenders, the success rates of each Program according to criteria
established by the Department and 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 pers on, would prevent the
defendant from operating a motor vehicle if the defendant has a
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blood or breath alcohol concentration of two-hundredths (0.02) or
greater;
2. "Electronically monit ored home detention" means
incarceration of the defendant within a spe cified 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 meeting with at least
one live presenter who will share personal stories with participants
about how alcohol, drug abuse and the illegal conduct of others has
personally impacted the life of the presenter. A vict ims impact
panel program shall be attended by persons who have committ ed 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. Persons attending a vic tims impact panel
program shall be required to pay a fee of not less t han Fifteen
Dollars ($15.00) nor more than Sixty Dollars ($60.00) to the
provider of the program. A certificate of completion shall be
issued to the person upon satisfying the attendanc e and fee
requirements of the victims impact panel program. A victims impact
panel program shall not be provided by any certified assessment
agency or certified assessor. The provider of the victims impact
panel program shall carry general liability insu rance and maintain
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an accurate accounting of all business transactions and funds
received in relation to the victims impact panel program.
I. A person convicted of a felony offense or receiving any form
of probation for an offense in which registration is required
pursuant to the Sex Offenders Registration Act, shall submit to
deoxyribonucleic acid DNA testing 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. Subject to the availability of funds, any person
convicted of a misdemeanor offense of assault and battery, domestic
abuse, stalking, possession of a controlle d substance prohibited
under Schedule IV of the Uniform Controlled Dan gerous Substances
Act, outraging public decency, resisting arrest, escape or
attempting to escape, eluding a police officer, Peeping Tom,
pointing a firearm, unlawful carry of a firearm, illegal transport
of a firearm, discharging of 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 i ntoxicating substance, or
any alien unlawfully present under federal i mmigration law, upon
arrest, shall submit to deoxyribonucleic acid DNA testing for law
enforcement identification purposes in accordance with Section
150.27 of Title 74 of the Oklahoma S tatutes and the rules
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promulgated by the Oklahoma State Bureau of Inve stigation for the
OSBI Combined DNA Index System (CODIS) Database. Any defendant
sentenced to probation shall be required to submit to testing within
thirty (30) days of sentencing eith er to the Department of
Corrections or to the county sheriff or other peace officer as
directed by the court. Defendants who are sentenced to a term of
incarceration shall submit to testing in accordance with Section
530.1 of Title 57 of the Oklahoma Stat utes, 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 individuals who have previously submitted to DNA
testing under this sec tion and for whom a valid sample is on file in
the OSBI Combined DNA I ndex System (CODIS) Database at the time of
sentencing shall not be required to submit to additional testing.
Except as required by the Sex Offenders Registration Act, a deferred
judgment does not require submission to deoxyribonucleic acid
testing.
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 sample prior
to release. Every person subject to DNA testing after January 1,
2006, whose sentence does not include a term of confinement with the
Department of Corrections, shall submit a blood or saliva sample.
Every person subject to DNA testing who is sent enced to unsupervised
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probation or otherwise not supervised by the Dep artment of
Corrections shall submit for blood or saliva testing to the sheriff
of the sentencing county.
J. Samples of blood or saliva for DNA testing required by
subsection I of this s ection shall be taken by employees or
contractors of the Department of Corrections, peace officers, or the
county sheriff or employees or contractors of the sheriff's office.
The individuals shall be properly trained to collect blood or saliva
samples. Persons collecting blood or saliva for DNA testing
pursuant to this sec tion shall be immune from civil liabilities
arising from this activity. All collectors of DNA samples shall
ensure the collection of samples are mailed to the Oklahoma State
Bureau of Investigation within ten (10) days of the time the subject
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 the OSBI
and procedures promulgated by the OSBI. Persons subject to DNA
testing who are not received at the Lexington Assessment and
Reception Center shall be required to pay a fee of Fifteen Dollars
($15.00) to the agency collecting the sample for submissio n to the
OSBI Combined DNA Index System (CODIS) Database. Any fees co llected
pursuant to this subsection shall be deposited in the revolving
account or the service fee account of the collection agency or
department.
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K. When sentencing a person who has be en convicted of a crime
that would subject that person to the provisio ns of the Sex
Offenders Registration Act, neither the court nor the district
attorney shall be allowed to waive or exempt such person from the
registration requirements of the Sex Offend ers Registration Act.
SECTION 11. AMENDATORY 22 O.S. 2021, Section 1105.2, is
amended to read as follows:
Section 1105.2 A. Following an arrest for a misdemeanor or
felony offense and before formal charges have been filed or an
indictment made, the arrested person may have bail set by the court
as provided in this act; provided there are no provisio ns of law to
the contrary.
B. When formal charges or an indictment has been filed, bail
shall be set according to law and the pretria l bond, if any, may be
reaffirmed unless additional security is required. Every judicial
district may, upon the order of the presiding judge for the
district, establish a pretrial bail schedule for felony or
misdemeanor offenses, except for traffic offens es included in
subsections B, C and D of Section 1115.3 of Title 22 of the Oklahoma
Statutes and those offenses specifical ly excluded herein. The bail
schedule established pursuant to the authority of this act shall
exclude any offense for which bail is n ot allowed by law. The bail
schedule authorized by this act shall be set in accordance with
guidelines relating to bail a nd shall be published and reviewed by
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March 1 of each year by the courts and district attorney of the
judicial district.
C. The pretrial bail shall be set in a numerical dollar amount.
If the person fails to appear in court as required the judge shall:
1. Rescind the bond and proceed to enter a judgment against the
defendant for the dollar amount of the pretrial bail if no private
bail was given at the time of release; provided, however, the court
clerk shall follow the procedures as set forth in Section 1301 et
seq. of Title 59 of the Oklahoma Statutes in collecting the
forfeiture amount against the person who fails to appear in court ;
or
2. Rescind and forfeit the private bail if cash, property or
surety bail was furnished at the time of release as set forth in
Section 1301 et seq. of Title 59 of the Oklahoma Statutes.
D. When a pretrial program exists in the judicial district
where the person is being held, the judge may utilize the services
of the pretrial release program when ordering pretrial relea se,
except when private bail has been furnished.
E. Upon an order for pretrial release or release on bond, the
person shall be releas ed from custody without undue delay.
F. The court may require the person to be placed on an
electronic monitoring device as a condition of pretrial release.
G. In instances where an electronic monitoring device has been
ordered, the court may impose paym ent of a supervision fee. Payment
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of the fee, in whole or according to a court-ordered installment
schedule, shall be a c ondition of pretrial release. The court clerk
shall collect the supervision fees.
SECTION 12. AMENDATORY 2 2 O.S. 2021, Section 1334, is
amended to read as follows:
Section 1334. A. The boards of county commissioners of
counties and the governing bodies of municipalities may offer and
pay a reward, from funds set aside for that p urpose, in an amount
not to exceed fifty percent (5 0%) of the fine imposed, for the
arrest and conviction or for evidence leading to the arrest and
conviction of any person who violates the provisions of Sections
1753.3 or 1761.1 of Title 21 of the Oklahom a Statutes.
B. The board of county commissioners o r the governing body of
the municipality may create and maintain a reward fund in the county
or municipal treasury which shall be a revolving fund not subject to
fiscal year limitations, from which to pay the rewards provided for
in subsection A of this se ction, and to offset the cost of any
special enforcement programs originated by any law enforcement
agency responsible for the arrest or prosecution of any person who
violates the provisions of Sections 17 53.3 or 1761.1 of Title 21 of
the Oklahoma Statutes . These costs may include, but not be limited
to, the posting of signs along the state's highways advising
motorists of the fines for littering or illegal dumping.
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C. The board of county commissioners ma y provide for the
publication, advertisement and co untywide distribution to the public
of information as to the reward program specified by this section .
D. Claims for rewards shall be on forms provided by the county
or municipality and shall be submitted to the prosecuting attorney
of the county or munic ipality no later than thirty (30) days after
sentencing of the defendant. The prosecuting attorney s hall
investigate the validity of the claim and make a nonbinding written
recommendation to the board of county commissioners or govern ing
body of the municipality.
E. All claims relating to a conviction shall be considered
together at the next regular mee ting of the board of county
commissioners or governing body of the municipality following
receipt of the prosecuting attorney 's report.
F. In determining the amount of the reward, the board of county
commissioners or the governing body of the municipality shall have
sole discretion to honor or deny the claim, but shall consider:
1. The severity of the offe nse;
2. The size of the fine imposed;
3. The number of persons claiming a reward and the degree to
which each claimant was responsible for the arrest or conviction;
4. The burden, if any, incurred by the claimant including cost
to appear at trial; and
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5. Other factors which the boa rd or governing body deems
appropriate.
G. No reward shall be authorized and no debt shall accrue to
the county or munici pality upon the depletion of the reward fund
authorized by this section.
H. The reward authorized by th is section shall be in lieu of
any other county or municipal reward.
I. Full-time peace officers of this state or of any county or
municipality within this state shall not be eligible for the reward
provided by this section.
J. All courts assessing and r eceiving reward funds as requi red
by Sections 1753.3 and 1761.1 of Title 21 of the Oklahoma Statutes
shall provide appropriate transfer of the reward fu nds to the proper
county or municipal reward fund as prescribed by the provisions of
this section.
SECTION 13. AMENDATORY 22 O.S. 2021, Section 1355A, is
amended to read as follow s:
Section 1355A. A. When an indigent requ ests representation by
the Oklahoma Indigent Defense System, such person shall submit an
appropriate application to the court clerk, which shall state that
the application is signed under oath and under the penal ty of
perjury and that a false statement may be prosecuted as such. The
application shall state whether or not the indigent has been
released on bond. In addition, if the indigent has been released on
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bond, the application shall include a written stateme nt from the
applicant that the applicant has contacted three named attorneys,
licensed to practice law in this state, and the applicant has been
unable to obtain legal counsel. A nonrefundable application f ee of
Forty Dollars ($40.00) shall be paid to the court clerk at the time
the application is submitted, and no application shall be accepted
without payment of the fee; except that the court may, based upon
the financial informatio n submitted, defer all or part of the fee if
the court determines that the person does not have the financial
resources to pay the fee at time of application, to attach as a
court fee upon conviction. Any fees collected pursuant to this
subsection shall be retained by the court c lerk, deposited in the
Court Clerk's Revolving Fund, and reported quarterly to the
Administrative Office of the Courts.
B. 1. The Court of Criminal Appeals shall promulgate rules
governing the determination of indigency pursuant to t he provisions
of Section 55 of Title 20 of the Oklahoma Statutes. The initial
determination of indigency shall be made by the Chief Judge of the
Judicial District or a designee thereof, based on the defendant's
application and the rules provided herein.
2. Upon promulgation of the rules required by law, the
determination of indigency shall be subject to review by the
Presiding Judge of the Judicial Administrative District. Until such
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rules become effective, the dete rmination of indigency shall be
subject to review by the Cou rt of Criminal Appeals.
C. Before the court appoints the System based on the
application, the court shall advise the indigent or, if applicable,
a parent or legal guardian, that the application i s signed under
oath and under the penal ty of perjury and tha t a false statement may
be prosecuted as such. A copy of the application shall be sent to
the prosecuting attorney or the Office of the Attorney General,
whichever is appropriate, for review. Up on request by any party
including, but not limited to, the a ttorney appointed to represent
the indigent, the court shall hold a hearing on the issue of
eligibility for appointment of the System.
D. If the defendant is admitted to bail and the defendant or
another person on behalf of the defend ant posts a bond, oth er than
by personal recognizance, the court may consider such fact in
determining the eligibility of the defendant for appointment of the
System; provided, however, such consideration shall not be the sole
factor in the determination o f eligibility.
E. The System shall be prohibited from accepting an appointment
unless a completed application for court -appointed counsel as
provided by Form 13.3 of Section XIII of the Rules of the Court of
Criminal Appeals, 22 O.S. 2001, Ch. 18, App., h as been filed of
record in the case.
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SECTION 14. AMENDATORY 28 O.S. 2021, Section 152, as
amended by Section 1, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2022,
Section 152), is amended to read as follows:
Section 152. A. In any civil case filed in a district court,
the court clerk shall collect, at the t ime of filing, the following
flat fees, none of which shall ever be refundable, and which shall
be the only charge for court costs, except as is otherwise
specifically provided for by law:
1. Actions for divorce, alimony w ithout divorce,
separate maintenance, custody or support...................... $183.00
2. Any ancillary proceeding to modify or vacate
a divorce decree providing for custody or support..............$43.00
3. Probate and guardianship .............................. $135.00
4. Annual guardianship report............................. $33.00
5. Any proceeding for sale or lease of rea l or
personal property or mineral interest in probate or
guardianship................................ ...................$43.00
6. Any proceeding to revoke the probate of a
will................................ ........................... $43.00
7. Judicial determination of dea th........................ $58.00
8. Adoption................................ ..............$105.00
9. Civil actions for an amount of Ten Thousand
Dollars ($10,000.00) or less and condemnation .................$150.00
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10. Civil actions for an amount of Ten Thousand
One Dollars ($10,001.00) or more ............................. $163.00
11. Garnishment................................ ...........$23.00
12. Continuing wage garnishment........................... $63.00
13. Any other proceeding after judgment...................$33.00
14. All others, including but not limited to
actions for forcible entry and detainer, judgments
from all other courts, including the Workers'
Compensation Court................................ .............$85.00
15. Notice of renewal of judgment......................... $23.00
B. In addition to the amounts collected pursuant to paragraphs
1, 3, 7, 8, 9, 10 and 14 of subsection A o f this section, the sum of
Six Dollars ($6.00) shall be assessed and credited to the Law
Library Fund.
C. In addition to the amounts collected pursua nt to subsections
A and B of this section, the sum of Twenty-five Dollars ($25.00)
shall be assessed and c redited to the Oklahoma Court Information
System Revolving Fund created pursuant to Section 1315 of Title 20
of the Oklahoma Statutes.
D. In addition to the amounts collected pursuant to subsection
A of this section, the sum of Five Dollars ($5.00) shall be assessed
and credited to the Oklahoma court-appointed special advocates
(OCASA).
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E. In addition to the amounts collected pursuant to subsection
A of this section, the sum of Two Dollars ($2.00) sha ll be assessed
and credited as follows:
1. One Dollar and fifty-five cents ($1.55) of such amount shall
be credited to the Council on Judicial Complaints Revolving Fund;
and
2. Forty-five cents ($0.45) o f such amount shall be credited to
the Supreme Court Revolving Fund and may be budgeted and expended by
the Supreme Court for expenses lawfully incurred for providing
qualified courtroom interpreter services in the distri ct courts, for
credentialing and tr aining Oklahoma cour troom interpreters, a nd for
any other expenditures determined by the Supreme Court to be
necessary to provide language access in the district courts a s
required by state and federal law . Payments of expenses may be made
after the claim or expense is approved by the Chief Just ice of the
Supreme Court or another justice designated by the Chief Justice.
F. E. In addition to the amounts collected pursuant to
paragraphs 1, 3, 8, 9, 10 and 14 of subsection A of this section,
each county may assess, upon approva l by the board of count y
commissioners, a sum not to exceed Ten Dollars ($10.00) per case to
be credited to the Sheriff's Service Fee Account in the coun ty in
which the action arose for the purpose of enhancing existing or
providing additional courthouse s ecurity.
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G. F. Until November 1, 2027, in addition to the amounts
collected pursuant to subsection A of this section, the sum of Ten
Dollars ($10.00) shall be assessed and credited to the Court Clerk 's
Records Management and Preservatio n Fund created in Se ction 31.3 of
this title.
H. G. In any case in which a litigant claims to have a just
cause of action and that, by reason of poverty, the litigant is
unable to pay the fees and costs provided for in th is section and is
financially unable to employ counsel, upon the filing of an
affidavit in forma pauperis executed before any officer authorized
by law to administer oaths to that effect and upon satisfactory
showing to the court that the litigant has no m eans and is,
therefore, unable to p ay the applicable fe es and costs and to emplo y
counsel, no fees or costs shall be required . The opposing party or
parties may file with the court clerk of the court having
jurisdiction of the cause an affidavit similarly executed
contradicting the allegat ion of poverty. In all such cases, the
court shall promptly set for hearing the determination of
eligibility to litigate without payment of fees or costs. Until a
final order is entered determining that the affiant is i neligible,
the clerk shall permit t he affiant to litiga te without payment of
fees or costs. Any litigant executing a false affidavit or counter
affidavit pursuant to the provisions of this section shall be guilt y
of perjury.
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I. H. Payments to the court cl erk for fees and costs assessed
pursuant to this sectio n may be made by a nationa lly recognized
credit or debit card or other electronic payment method as p rovided
in paragraph 1 of subsection B of Section 151 of t his title.
SECTION 15. AMENDATORY 28 O.S. 2021, Section 153, as
amended by Section 2, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2022 ,
Section 153), is amended to read as follo ws:
Section 153. A. The clerks of the courts shall collect as
costs in every criminal case for each o ffense of which the defendant
is convicted, irrespective of whether or not the sentence is
deferred, the following flat charges and no more, except for
standing and parking violations and for charges otherwise provid ed
for by law, which fee shall cover doc keting of the case, filing of
all papers, issuance o f process, warrants, orders, and other
services to the date of judgment:
1. For each defendant convicted of
exceeding the speed limit by at least
one (1) mile per hour but not more than
ten (10) miles per hour, whether charged
individually or conjointly w ith others...............$77.00
2. For each defendant convic ted of a
misdemeanor traffic violati on other than
an offense provided for in paragraph 1
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or 5 of this subsection, whe ther charged
individually or conjointly with others...............$98.00
3. For each defendant convicted of a
misdemeanor, other than for driving
under the influence of alcohol or other
intoxicating substance or an offense
provided for in paragraph 1 or 2 of this
subsection, whether charged individually
or conjointly with others............................ $93.00
4. For each defendant convicted of a
felony, other than for driving u nder the
influence of alcohol or oth er
intoxicating substance, whether charged
individually or conjointly with others ..............$103.00
5. For each defendant convicte d of the
misdemeanor of driving under the
influence of alcohol or other
intoxicating substance, whe ther charged
individually or conjoin tly with others..............$433.00
6. For each defendant convicted of the
felony of driving under the influence of
alcohol or other intoxicating substance,
whether charged individually or
conjointly with others .............................. $433.00
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7. For the services of a court reporter at
each preliminary hearing and trial held
in the case................................ ..........$20.00
8. For each time a jury is requested.................... $30.00
9. A sheriff's fee for serving or
endeavoring to serve each writ, warra nt,
order, process, command, or notice or
pursuing any fugitive from justice
a. within the county........................ $50.00, or
mileage as
established by the
Oklahoma Statutes,
whichever is
greater, or
b. outside of the county.................... $50.00, or
actual, necessary
expenses, whichever
is greater
B. In addition to the amount collected pursuant to paragraphs 2
through 6 of subsection A of this section, the sum of Six Dollars
($6.00) shall be asse ssed and credited to the Law Library Fund
pursuant to Section 1201 et seq. of Title 20 of th e Oklahoma
Statutes.
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C. In addition to the amount collected pursuant to su bsection A
of this section, the sum of Twenty Dollars ($20.00) shall be
assessed and collected in every traffic case for each offense other
than for driving under the influence of a lcohol or other
intoxicating substance; the sum of Thirty Dollars ($30.00) shall be
assessed and collected in every misdemeanor case for each offense;
the sum of Thirty Dollars ($30.00) shall be assessed and collect ed
in every misdemeanor case for each off ense for driving under the
influence of alcohol or other intoxicating subst ance; the sum of
Fifty Dollars ($50.00) shall be assessed and collected in every
felony case for each offense; and the sum of Fifty Dollars ($50.00)
shall be assessed and collected in every felony case for each
offense for driving under the influence of al cohol or other
intoxicating substance.
D. In addition to the amounts collected pursuant to subsections
A and B of this section, the sum of Twenty-five Dollars ($25.00)
shall be assessed and credited to the Okl ahoma Court Information
System Revolving Fund created pursuant to Section 1315 of Title 20
of the Oklahoma Statutes.
E. In addition to the amount collected pursuant to paragraphs 1
through 6 of subsection A of this section, the sum of Ten Dollars
($10.00) shall be assessed and credited to the Sheriff 's Service Fee
Account in the county in which the conviction occurred for the
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purpose of enhancing existing or providing additional courthou se
security.
F. In addition to the amoun ts collected pursuant to para graphs
1 through 6 of subsection A of this sec tion, the sum of Three
Dollars ($3.00) shall be assessed and credited to the Office of the
Attorney General Victim Services Unit.
G. In addition to the amounts collected pursuant t o paragraphs
1 through 6 of subsection A of this section, the sum of Three
Dollars ($3.00) shall be assessed and credited to the Child Abuse
Multidisciplinary Accou nt. This fee shall not be used for purposes
of hiring or employing any law enforcement offi cers.
H. In addition to the amount collected pursuant to paragraphs 5
and 6 of subsection A of this section, the sum of Fifteen Dollars
($15.00) shall be assessed in every misdemeanor or felony case for
each offense of driving under the influence of alcoh ol or other
intoxicating substance and credited to the Oklahoma Impaired Dr iver
Database Revolving Fund created pursuant to Section 11-902d of Title
47 of the Oklahoma Statutes.
I. Prior to conviction, parties in criminal cases shall n ot be
required to pay, advance, or post securit y for the issuance or
service of process to obtain compu lsory attendance of witnesses.
J. I. The amounts to be assessed as court costs upon filing of a
case shall be those am ounts above-stated in paragraph 3 o r 4 of
subsection A and subsections B, C, D and E of this section.
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K. J. The fees collected pursuant to thi s section shall be
deposited into the court fund, except the following :
1. A court clerk issuing a misdemeanor warr ant is entitled to
ten percent (10%) of the sheriff's service fee, provided for in
paragraph 9 of subsection A of this section, collected on a warrant
referred to the contractor for the mi sdemeanor warrant noti fication
program governed by Sections 514.4 an d 514.5 of Title 19 of the
Oklahoma Statutes. This ten-percent sum shall be deposited into the
issuing Court Clerk's Revolving Fund, create d pursuant to Section
220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing
the warrant with the bala nce of the sheriff's service fee to be
deposited into the Sheriff's Service Fee Account, created pursuant
to the provisions of Section 514.1 of Title 19 of the Oklahoma
Statutes, of the sheriff in the county in which service is made or
attempted. Otherwise, the sheriff's service fee, when collected,
shall be deposited in its entirety into the Sheriff 's Service Fee
Account of the sheriff in th e county in which service is made or
attempted;
2. The sheriff's fee provided for in Section 153.2 of this
title;
3. The witness fees paid by the d istrict attorney pursuant to
the provisions of Section 82 of this title which, if collected by
the court clerk, shall be transferred to the district attorney's
office in the county where witness attendance was required . Fees
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transferred pursuant to this p aragraph shall be deposited in the
district attorney's maintenance and operating expense account;
4. The fees provided for in subsection C of this section shall
be forwarded to the District Attorneys Council Revolving Fund to
defray the costs of prosecuti on; and
5. 4. The following amounts of the fees provided for in
paragraphs 2, 3, 5 and 6 of subsection A of t his section, when
collected, shall be deposite d in the Trauma Care Ass istance
Revolving Fund, created pursuant to th e provisions of Section 1-
2530.9 of Title 63 of the Oklahoma Statutes:
a. Ten Dollars ($10.00) of the Ninety -eight-Dollar fee
provided for in paragraph 2 of subsection A of this
section,
b. Ten Dollars ($10.00) of the Ninety-three-Dollar fee
provided for in paragraph 3 of subsection A o f this
section,
c. One Hundred Dollars ($100.00) of the Four -Hundred-
Thirty-three-Dollar fee provided for in paragraph 5 of
subsection A of this section, a nd
d. One Hundred Dollars ($100.00) of the Four-Hundred-
Thirty-three-Dollar fee provided for in paragraph 6 of
subsection A of this section.
L. K. As used in this section, "convicted" means any final
adjudication of guilt, whether pursuant to a plea of guilty or nolo
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contendere or otherwise, and any deferred judgm ent or suspended
sentence.
M. L. A court clerk may accept in p ayment for any fee, fine,
forfeiture payment, cost, penalty assessm ent or other charge or
collection to be assessed or collected by a court clerk pursuant to
this section a nationally recogniz ed credit card or debit card or
other electronic payment method as provided in paragraph 1 of
subsection B of Section 151 of this t itle.
N. M. Upon receipt of payment of fines and costs for offenses
charged prior to July 1, 1992 , the court clerk shall ap portion and
pay Thirteen Dollars ($13.00) per conviction to the co urt fund.
SECTION 16. AMENDATORY 29 O.S. 2021, Section 7-207, is
amended to read as follows:
Section 7-207. A. When a person is convicted of a wildlife
offense which involves a species of wildlife listed in Section 5-411
of this title or a species referenced in Section 5 -412 of this title
and involves the unlawful possession, taking or killing of the
wildlife from an unlawful hunt, chase, t rap, capture, shooting,
killing or slaughter, netting, shocking, or poisoning, by any means,
the court, in addition to the execution of sentence in whole or i n
part, shall order the convicted defendant to provide restitution to
the Oklahoma Department of W ildlife Conservation.
The amount of restitution shall be not less than One Hundred
Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00)
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depending on the species, the type of specimen and the value of that
animal to the wildlife resources of th e state. The Department of
Wildlife Conservation shall provide the court with a recommendation
on the replacement cost. The court shall also take into
consideration any previous convictions for violations of any fish
and wildlife laws or regulations by t he offender.
B. When a person is convicted of a wildlife offense which
involves any species of wildlife other than those listed or
referenced in Sections 5 -411 and 5-412 of this title and involves
the unlawful possession, taking or killing of the wildlife from an
unlawful hunt, chase, trap, capture, shooting, killing or slaughter,
netting, shocking, or poisoning, by any means, the court, in
addition to the execution of sentence in whole or in part, shall
order the convicted defendant to provide restitution to the Oklahoma
Department of Wildlife Conservation. The amount of restitution
shall be not less than Ten Dollars ($10.00) nor more than Five
Thousand Dollars ($5,000.00) depending on the species, the type of
specimen and the value of that animal to the wildlife resources of
the state. The Department of Wildlife Conservation shall provide
the court with a recommendation on the replacement cost. The court
shall also take into consideration any previous convictions for
violations of any fish and wildlife laws or regulations by the
offender.
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C. One hundred percent (100%) of the amount of restitution
shall be forfeited to the Oklahoma Department of Wildlife
Conservation in the event of a guilty plea or a conviction.
SECTION 17. AMENDATORY 47 O.S. 2021, Section 11-705, is
amended to read as follows:
Section 11-705. A. The driver of a vehicle meeting or
overtaking a school bus that is stopped to take on or discharge
school children, and on which the red loading signals are in
operation, is to stop the vehicle before it reaches the school bus
and not proceed until the loading signals are deactivated and then
proceed past such school b us at a speed which is reasonable and with
due caution for the safety of such school children and other
occupants. Any person convicted of violating the provisions of this
subsection shall be punished by a fine of not less than One Hun dred
Dollars ($100.00). In addition to the fine, a special assessment of
One Hundred Dollars ($100.00) shall be assessed, of which seventy-
five percent (75%) shall be deposited to the credit of the Cameras
for School Bus Stops Revolving Fund established i n Section 9-119 of
Title 70 of the Oklahoma Statutes. The remaining twenty-five
percent (25%) of the special assessment sh all be deposited to the
credit of the reviewing law enforcement agency referred to in
subsection E of this section.
B. Visual signals, meet ing the requirements of Section 12-228
of this title, shall be actuated by the driver of said school bus
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whenever, but only whenever, such vehicle is st opped on the highway
for the purpose of receiving or discharging school children.
C. The driver of a vehicle upon a highway with separate
roadways need not stop upon meeting or passing a school bus which is
on a different roadway or when upon a controlled -access highway and
the school bus is stopped in a loadi ng zone which is a part of or
adjacent to such highway and where pedestrians are not permitted to
cross the roadway.
D. If the driver of a school bus witnesses a v iolation of the
provisions of subsec tion A of this section, on or before the end of
the next business day following the alleged offense , the driver
shall report the violation, the vehicle color, license tag number,
and the time and place such violation occ urred to the law
enforcement authority of the municipality where the violation
occurred. The law enforcement authority of a municipality sh all
issue a letter of warning on the alleged violation to the person in
whose name the vehicle is registered . The Office of the Attorney
General shall provide a form letter to each municipal law
enforcement agency in this state for the issuance of the war ning
provided for in this subsection. Such form letter shall be used by
each such law enforcement agency in the exa ct form provided for by
the Office of the Attorney General. A warning letter issued
pursuant to this subsection shall not be recorded on th e driving
record of the person to whom such letter was issued. Issuance of a
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warning letter pursuant to this sectio n shall not preclude the
imposition of other penalties as provided by law.
E. 1. A school district may install and operate a video-
monitoring system in or on the school buses or the bus stop-arms
operated by the district or contract with a private vendor to do so
on behalf of the school di strict for the purpose of recording
violations of subsec tion A of this section. In the event the video -
monitoring system captures a recording of a violation of subsection
A of this section, appropriate personnel at the school district
shall extract data r elated to the violation from the recording. The
extracted data shall include a recorded image or video containing
the requirements listed in paragraph 2 of this subsection. The
school district shall submit the extracte d data for review to the
law enforcement agency with jurisdiction in which the violation
occurred. If the reviewing law enforcement agency determines there
is sufficient evidence to identify the vehicle and the driver, such
evidence shall be submitted to the district attorney's office for
prosecution.
2. For the purposes of this subsection, "video-monitoring
system" means a system with one o r more camera sensors and computers
installed and operated on a school bus that produces live digital
and recorded video of motor vehicles being operate d in violation of
subsection A of this section. The system shall, at a minimum,
produce a recorded imag e of the license plate of the vehicle, an
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identifiable picture of the driver's face, the activation status of
at least one warning device as prescribed in Section 12-228 of this
title and the time, date and location of the vehicle when the image
was recorded.
SECTION 18. AMENDATORY 47 O.S. 2021, Section 11-801e, is
amended to read as follows:
Section 11-801e. Notwithstanding any other provision of law,
any person convicted of a speedi ng violation of one (1) to ten (10)
miles per hour over the limit, pursuant to subsection B or F of
Section 11-801 of Title 47 of the Oklahoma Statutes this title,
shall be punished by a fine of Five Dollars ($5.00) and costs and
fees not to exceed Ninety-five Dollars ($95.00). The cou rt clerk
shall collect fine, costs and fees to be directed as follows:
1. The sum of Thirty-three Dollars and seventy -two cents
($33.72) for each offense of which the defendant is convicted,
irrespective of whether the sentence is deferred, shall cover
docketing of the case, filing of all papers, issuance of process,
warrants, order and other services to the date of judgment;
2. The sum of Eight Dollars and eighty cents ($8.80) shall be
assessed and credited to the District Attorneys Council Revolving
Fund to defray the cost of prosecution;
3. The sum of Eleven Dollars ($11.00) shall be assessed and
credited to the Oklahoma Court Info rmation System Revolving Fund
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created pursuant to Section 1315 of Title 20 of the Oklahoma
Statutes;
4. The sum of Four Do llars and fifty cents ($4.50) shall be
assessed and credited to the Sheriff's Service Fee Account in the
county in which the convicti on occurred for the purpose of enhancing
existing or providing additional courthouse security;
5. The sum of One Dollar an d thirty cents ($1.30) shall be
assessed and credited to the Office of the Attorney General Victim
Services Unit;
6. The sum of One Dollar and thirty cents ($1.30) shall be
assessed and credited to the Child Abuse Multidisciplinary Account;
7. The sum of Two Dollars and twenty-five cents ($2.25) shall
be assessed and credited to the Sheriff's Service Fee Account of the
sheriff of the county in which the arrest was made;
8. The sum of Four Dollars and fifty cents ($4.50) shall be
assessed and credited to the Council on Law Enforcement Education
and Training (CLEET) Fund;
9. The sum of Four Dollars and fifty cents ($4.50) shall be
assessed. Four Dollars and ten cents ($4.10) of each fee received
pursuant to this paragraph shall be credited to the A.F.I.S. Fund
created by Section 150.25 of Title 74 of the Oklahoma Statutes and
the balance deposited into the General Revenue Fund by the c ourt
clerk. The payments shall be made to the appropriate fund by the
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court clerk on a monthly basis as set forth by subse ction I of
Section 1313.2 of Title 20 of the Oklahoma Statutes;
10. The sum of Four Dollars and fifty cents ($4.50) shall be
assessed. Four Dollars and twenty-eight cents ($4.28) of each fee
received pursuant to this paragraph shall be collected and sent to
the Oklahoma State Bureau of Investigation for deposit into the
Forensic Science Improvement Revolving Fund created by Section
150.35 of Title 74 of the Oklahoma Statutes. The balance shall be
retained by the municipal court clerk;
11. 10. The sum of Nine Dollars ($9.00) shall be assessed and
forwarded monthly in one check or draft to the Department of Public
Safety to be deposite d in the Department of Public Safety Patrol
Vehicle Revolving Fund;
12. 11. Pursuant to subsection C of Section 220 of Title 19 of
the Oklahoma Statutes, the court clerk shall assess an
administrative fee of ten percent (10%) on fees assessed in
paragraphs 2, 4, 5, 6, 8, 9, 10 and 11 of this subsection which
shall be deposited in the Court Clerk's Revolving Fund;
13. 12. Pursuant to subsection D of Section 220 of Title 19 of
the Oklahoma Statutes, the court clerk shall assess an
administrative fee of fift een percent (15%) on fees assessed in
paragraphs 2, 4, 5, 6, 8, 9, 10 and 11 of this subsection and shall
be deposited in the District Court Revolving Fund.
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SECTION 19. AMENDATORY 47 O.S. 2021, Section 11-902, is
amended to read as follows:
Section 11-902. A. It is unlawful and punishable as provided
in this section for any person to drive, o perate, or be in act ual
physical control of a motor vehicle within this state, whether upon
public roads, highways, streets, turnpikes, other public places or
upon any private road, street, alley or lane which provides access
to one or more single- or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in
Section 756 of this title, of eight-hundredths (0.08) or more at the
time of a test of such person's blood or breath administered within
two (2) hours after the arrest o f such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled
substance, as defined in Sec tion 2-204 of Title 63 of t he Oklahoma
Statutes, or one of its metabolites or analogs in the person's
blood, saliva, urine or any other bodily fluid at the time of a test
of such person's blood, saliva, urine or any other bodily fluid
administered within t wo (2) hours after the arre st of such person;
4. Is under the influence of any intoxicating substance other
than alcohol which may rend er such person incapable of safely
driving or operating a motor vehicle; or
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5. Is under the combined influence of alcoh ol and any other
intoxicating substance which may render such person incapable of
safely driving or operating a moto r vehicle.
B. The fact that any person charged with a violation of this
section is or has been lawfully entitled to use alcohol or a
controlled dangerous substance or any other intoxicating substance
shall not constitute a defense against any charge of vi olating this
section.
C. 1. Any person who is convicted of a violation of the
provisions of this section shall be guilty of a misdemeanor for the
first offense and shall:
a. participate in an assessment and evaluation pursuant
to subsection G of this sec tion and shall follo w all
recommendations made in the assessment and evaluation,
b. be punished by imprisonment in jail for not less than
ten (10) days nor more than o ne (1) year, and
c. be fined not more than One Thousand Dollars
($1,000.00).
2. Any person who, having been convicted of or having received
deferred judgment for a violation of this section or a violation
pursuant to the provisi ons of any law of this stat e or another state
prohibiting the offenses provided in this section, Section 11-904 of
this title or paragra ph 4 of subsection A of Section 852.1 of Title
21 of the Oklahoma Statutes, or having a prior conviction in a
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municipal criminal court of record fo r the violation of a municipal
ordinance prohibiting the offense provided for in this sec tion
commits a subsequent violation of this section within ten (10) years
of the date following the completion of the execution of said
sentence or deferred judgment s hall, upon conviction, be guilty of a
felony and shall participate in an assessment and e valuation
pursuant to subsection G of this section and shall be sentenced to:
a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
or
b. placement in the custody of the Department of
Corrections for not less than one (1 ) year and not to
exceed five (5) years and a fine of not more than Two
Thousand Five Hundred Dollars ($2,500.00), or
c. treatment, imprisonment an d a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the treatm ent in subsection G of this section does
not include residential or inpatient treatment for a period of not
less than five (5) days, the person sha ll serve a term of
imprisonment of at least five (5) days.
3. Any person who commits a v iolation of this sec tion after
having been convicted of a felony offense pursuant to the provisions
of this section or a violation pursuant to the provisions of any la w
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of this state or another state prohibiting the offenses provided for
in this section, Section 11-904 of this title or paragraph 4 of
subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
shall be guilty of a felony and participate in an asse ssment and
evaluation pursuant to subsection G of this section and shall be
sentenced to:
a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
two hundred forty (240) hours of community service and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subse ction A of
Section 991a of Title 22 of the Oklahoma Statutes, or
b. placement in the custody of the Department of
Corrections for not less t han one (1) year and not to
exceed ten (10) years and a fine of not more than Five
Thousand Dollars ($5,000.00), or
c. treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the treatmen t in subsection G of this s ection does
not include residential or inpatient treatment for a period of not
less than ten (10) days, the p erson shall serve a term of
imprisonment of at least ten (10) days.
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4. Any person who commits a violation of this secti on after
having been twice convicted of a felony offense pursuant to the
provisions of this section or a violation p ursuant to the provi sions
of any law of this state or another state prohibiting the offenses
provided for in this section, Section 11-904 of this title or
paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes shall be guilty of a felony and partici pate in an
assessment and evaluation pursuant to subsection G of this section
and shall be sentenced to:
a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
followed by not less than one (1) year of supervision
and periodic testing at the defendant's expense, four
hundred eighty (480) hours of community service, and
use of an ignition interloc k device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, for
a minimum of thirty (30) days, or
b. placement in the custody of the Department of
Corrections for not less than one (1) year a nd not to
exceed twenty (20) years and a fine of not more than
Five Thousand Dollars ($5, 000.00), or
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c. treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the person does not undergo residential or inpatient
treatment pursuant to subsection G of this section the person s hall
serve a term of imprisonment of at least ten (10) days.
5. Any person who, after a previous conviction of a violation
of murder in the second degree or manslaugh ter in the first degree
in which the death was caused as a result of driving under the
influence of alcohol o r other intoxicating substance, is convicted
of a violation of this section shall be guilty of a felony and shall
be punished by imprisonment in th e custody of the Department of
Corrections for not less than five (5) years and not to ex ceed
twenty (20) years, and a fine of not more than Ten Thousand Dollars
($10,000.00).
6. Provided, however, a conviction from another stat e shall not
be used to enhance punishment pursuant to the provisions of this
subsection if that conviction is based on a blood or breath alcohol
concentration of less than eight-hundredths (0.08).
7. In any case in which a defendant is charged with drivin g
under the influence of al cohol or other intoxicating substance
offense within any municipality with a municipal co urt other than a
court of record, the charge shall be presented to the county's
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district attorney and filed with the district court of the c ounty
within which the muni cipality is located.
D. Any person who is convicted of a violation of driving under
the influence with a blo od or breath alcohol concentration of
fifteen-hundredths (0.15) or more pursuant to this section shall be
deemed guilty of aggravated driving under the influence. A person
convicted of aggravated driving under the influence shall
participate in an assessm ent and evaluation pursuant to subsection G
of this section and shall comply with all recommendations for
treatment. Such person shall be sentence d as provided in paragraph
1, 2, 3, 4 or 5 of subsection C of this section and to:
1. Not less than one (1) year of supervision and periodic
testing at the defendant's expense; and
2. An ignition interlock device or devices, as provided by
subparagraph n of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes, for a minimum of ninety (90)
days.
E. When a person is sentenced to imprisonment in the custody of
the Department of Corrections, the person s hall be processed through
the Lexington Assessment and Reception Center or at a place
determined by the Director of the Department of Co rrections. The
Department of Corrections shall classify and assign the person to
one or more of the following:
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1. The Department of Mental Health and Substance Abuse Services
pursuant to paragraph 1 of subsection A of Section 612 of T itle 57
of the Oklahoma Statutes; or
2. A correctional facility operated by the Department of
Corrections with assignment to substance abus e treatment.
Successful completion of a Department-of-Corrections-approved
substance abuse treatment program shall satisfy the recommen dation
for a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or treatment program or both. Success ful completion of an
approved Department of Corrections substance abuse treatment program
may precede or follow the required assessment.
F. The Department of Public Safety is hereby authorized to
reinstate any suspended or revoked driving privilege when t he person
meets the statutory requirements which affect the existing driving
privilege.
G. Any person who is found guilty of a violatio n of the
provisions of this section shall be ordered to participate in an
alcohol and drug substance abuse evaluation an d assessment program
offered by a certified assessment agency or certified assessor for
the purpose of evaluating an d assessing the rece ptivity to treatment
and prognosis of the person and shall follow all recommendations
made in the assessment and evaluat ion for treatment. The cou rt
shall order the person to reimburse the agency or assessor for the
evaluation and assessment. Payment sha ll be remitted by the
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defendant or on behalf of the defendant by any third party;
provided, no state-appropriated funds are utilized. The fee for an
evaluation and assessment shall be the amount provided in subsection
C of Section 3-460 of Title 43A of th e Oklahoma Statutes. The
evaluation and assessment shall be conducted at a certified
assessment agency, the office of a certified assessor or at a nother
location as ordered by the court. The agency or assessor shall,
within seventy-two (72) hours from th e time the person is evaluated
and assessed, submit a written report to the court for the purpose
of assisting the court in its sentencing determin ation. The court
shall, as a condition of any sentence imposed, including deferred
and suspended sentences, require the person to participate in and
successfully complete all recommendations from the evaluation, such
as an alcohol and substance abuse trea tment program pursuant to
Section 3-452 of Title 43A of the Oklahoma Statutes. If such r eport
indicates that the evaluation and assessment shows that the
defendant would benefit from a ten-hour or twenty-four-hour alcohol
and drug substance abuse course o r a treatment program or both, the
court shall, as a condition of any sentence imposed, i ncluding
deferred and suspended sentences, require the person to follow all
recommendations identified by the evaluation and assessment and
ordered by the court. No p erson, agency or facility operating an
evaluation and assessment program certified by the Department of
Mental Health and Substance Abuse Services shall solicit or refer
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any person evaluated and assessed pursuant to this section for any
treatment program or substance abuse service in which such person,
agency or facility has a vested interest; however, this provision
shall not be construed to prohibit the court from ordering
participation in or any person from voluntarily utilizin g a
treatment program or su bstance abuse service offered by such person,
agency or facility. If a person is sentenc ed to imprisonment i n the
custody of the Department of Corrections and the court has received
a written evaluation report pursuant to the pr ovisions of this
subsection, the report shall be furnished to the Department of
Corrections with the judgment and se ntence. Any evaluat ion and
assessment report submitted to the court pursuant to the provisions
of this subsection shall be handled in a man ner which will keep such
report confidential from the general public's review. Nothing
contained in this subsection shall be construed to prohibit the
court from ordering judgment and sentence in the event the defendant
fails or refuses to comply with an order of the court to obtai n the
evaluation and assessment required by this subsection. If the
defendant fails or r efuses to comply wit h an order of the court to
obtain the evaluation and assessment, the Department of Public
Safety shall not reinstate dri ving privileges until the d efendant
has complied in full with such order. Nothing contained in this
subsection shall be construed to pr ohibit the court from ordering
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judgment and sentence and any other sanction authorized by law for
failure or refusal to comply with an order of the court.
H. Any person who is found guilty of a violation of the
provisions of this secti on shall be required by the court to attend
a victims impact panel program, as defined in subsection H of
Section 991a of Title 22 of the Ok lahoma Statutes, if such a program
is offered in the county where the judgment is rendered, 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 defend ant, if in the
opinion of the court the defendant has the ability to pay such fee.
I. Any person who is foun d guilty of a felony violation of the
provisions of this section shall be required to submit to electronic
monitoring as authorized and defined by Section 991a of Title 22 of
the Oklahoma Statutes.
J. Any person who is found guilty of a violation of the
provisions of this section who has been sentenced by the court to
perform any type of community service shall not be perm itted to pay
a fine in lieu of performing the community service.
K. When a person is found guilty of a violation of the
provisions of this section, the court shall order, in addition to
any other penalty, the defendant to pay a one-hundred-dollar
assessment to be deposited in the Drug Abuse Education and Treatment
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Revolving Fund created in Section 2-503.2 of Title 63 of the
Oklahoma Statutes, upon collection.
L. 1. When a person is eighteen (18) years of age or older,
and is the driver, operator, or pers on in physical control of a
vehicle, and is convicted of violating any provision of this section
while transporting or having in the motor vehicle any child less
than eighteen (18) years of age, the fine shall be enhanced to
double the amount of the fine i mposed for the underly ing driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this section.
2. Nothing in this subsection shall prohibit the prosecution of
a person pursuant to Section 852.1 of Title 21 of the Oklahoma
Statutes who is in violation of any provision of this section or
Section 11-904 of this title.
M. L. Any plea of guilty, nolo contendere or finding of guilt
for a violation of this section or a violation pursuant to the
provisions of any law of this state or anot her state prohibiting the
offenses provided for in this section, Section 11-904 of this title,
or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes, shall constitute a conviction of the offense for
the purpose of this sectio n; provided, any deferred judgment shall
only be considered to constitute a conviction for a period of ten
(10) years following t he completion of any court-imposed
probationary term.
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N. M. If qualified by knowledge, skill, experie nce, training or
education, a witness shall be allowed to testify in the form of an
opinion or otherwise solely on the issue of impairment, but not on
the issue of specific alcohol concentration level, relating to the
following:
1. The results of any stan dardized field sobriety tes t
including, but not limited to, the horizontal gaze nystagmus (HGN)
test administered by a person who has completed training in
standardized field sobriety testing; or
2. Whether a person was under the influence of one or more
impairing substances and th e category of such impairing substance or
substances. A witness who has received training and holds a current
certification as a drug recognition expert shall be qualified to
give the testimony in any case in which such testimon y may be
relevant.
SECTION 20. AMENDATORY 47 O.S. 2021, Section 11-1112, is
amended to read as follows:
Section 11-1112. A. Every driver, when transporting a child
under eight (8) years of age in a motor vehicle operated on the
roadways, streets, or highways of this state, shall provide for the
protection of said child by properly using a child passenger
restraint system as follows:
1. A child under four (4) years of age shall be properly
secured in a child passenger restraint sy stem. Except as provided
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in subsection G of this section, the child passenger restraint
system shall be rear-facing until the child reaches two (2) years of
age or until the child r eaches the weight or height limit of the
rear-facing child passenger restr aint system as allowed by the
manufacturer of the child passenger restraint system, whichever
occurs first; and
2. A child at least four (4) years of age but you nger than
eight (8) years of age, if not taller than 4 feet 9 inches in
height, shall be prope rly secured in either a child passenger
restraint system or child booster seat.
For purposes of this section and Section 11-1113 of this title,
"child passenger restraint system" means an infant or child
passenger restraint system which meets the federal s tandards as set
by 49 C.F.R., Section 571.213.
B. If a child is eight (8) years of age or is taller than 4
feet 9 inches in height, a seat belt properly secured to the vehicle
shall be sufficient to meet the requirements of this section.
C. The provisions of this section shall not apply to:
1. The driver of a school bus, taxicab, moped, motorcycle, or
other motor vehicle not required to be equipped with safety b elts
pursuant to state or federal laws;
2. The driver of an ambulance or emergency vehicle;
3. The driver of a vehicle in which all of the seat belts are
in use;
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4. The transportation of children who for medical reasons are
unable to be placed in such d evices, provided the re is written
documentation from a physician of such medical reason; or
5. The transportation of a child who weighs more than forty
(40) pounds and who is being transported in the back seat of a
vehicle while wearing only a lap safety belt when the back s eat of
the vehicle is not equipped with combination lap and shoulder safet y
belts, or when the combination lap and shoulder safety belts in the
back seat are being used by other children who weigh more than forty
(40) pounds. Provided, however, for purposes of this paragraph,
back seat shall include all seats located behind the front seat of a
vehicle operated by a licensed child care facility or church.
Provided further, there shall be a rebuttable presumption that a
child has met the weight requirements of this paragraph if at the
request of any law enforcement officer, the l icensed child care
facility or church provides the officer with a written statement
verified by the parent or legal guardian that the child weighs more
than forty (40) pounds.
D. A violation of the provisions of this section shall be
admissible as evidenc e in any civil action or proceeding for damages
unless the plaintiff in such action or proceeding is a child under
sixteen (16) years of age.
In any action brough t by or on behalf of an infant for personal
injuries or wrongful death sustained in a motor ve hicle collision,
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the failure of any person to have the infant properly restrained in
accordance with the provisions of this section shall not be used in
aggravation or mitigation of damages.
E. A person who is certified as a Child Passenger Safety
Technician and who in good faith provides inspection, adjustment, or
educational services regarding child passenger restraint systems
shall not be liable for civil damag es resulting from an y act or
omission in providing such services, other than acts or omissions
constituting gross negligence or willful or wanton misconduct.
F. Any person convicted of violating subsection A of this
section shall be punished by a fine of Fifty Dollars ($50.0 0) and
shall pay all court costs thereof. Revenue from such fine shall be
apportioned to the Department of Public Safety Restricted Revolving
Fund and used by the Oklahoma Highway Safety Office to promote the
use of child passenger res traint systems as pr ovided in Section 11-
1113 of this title. This fine shall be suspended and the court
costs limited to a maximum of Fifteen Dollars ($15.00) in the case
of the first offense upon proof of purcha se or acquisition by loan
of a child passenger restraint system . Provided, the Department of
Public Safety shall not assess points to th e driving record of any
person convicted of a violation of this section.
G. A driver of a vehicle who has been rightfu lly issued a
detachable placard indicating physical disability under the
provisions of Section 15-112 of this title or a physically disab led
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license plate under the provisions of Section 1135.1 or 1135.2 of
this title and valid letter of forward-facing exemption issued from
the Department of Public Safety shall be per mitted to transport a
child passenger under four (4) years of age in a for ward-facing
child passenger restraint system. The placard and forward-facing
exemption letter must be present in the v ehicle to be in compliance.
SECTION 21. AMENDATORY 47 O.S. 2021, Section 17-101, is
amended to read as follows:
Section 17-101. A. It is a misdemeanor for any person to
violate any of the provisions of this title unless such violation is
by this title or other law of this state de clared to be a felony.
B. 1. Every person convicted of a misdemeanor for a violation
of any of the provisions of Sections 10-101 through 14-121 or
Sections 16-101 through 16-114 of this title for which another
penalty is not provided shall upon convictio n thereof be punished by
a fine of not less than Five Dollars ($5.00) nor more than Five
Hundred Dollars ($500.0 0) or by imprisonment for not more than ten
(10) days; for a second such conviction within one (1) year after
the first conviction by imprisonme nt for not more than twenty (20)
days; upon a third or subsequent conviction within one (1) year
after the first conviction by imprisonment for not more than six (6)
months, or by both such fine and imprison ment.
2. Any person violating the provisions of Sections 10-101
through 14-121 or Sections 16-101 through 16-114 of this title,
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where a jail sentence is not man datory may, in the discretion of the
district attorney wherein the offense occurred, be permitt ed to
enter a plea of guilty by written statement by the person charged to
be presented to the court wherein the case is filed. A remittance
covering the fine and costs may be considered and received with the
same force and effect as a written plea of guilty.
C. Unless another penalty is in this title or by the laws of
this state provided, every person convicted of a misdemeanor for the
violation of any other pr ovision of this title shall be punished by
a fine of not less than Five Dollars ($5.00) nor mor e than Five
Hundred Dollars ($500.00), or by impr isonment for not more than six
(6) months, or by both such fine and imprisonment.
D. Provided, however, notwith standing any provision of law to
the contrary, any offense, including traffic offenses, in viol ation
of any of the provisions of this title whic h is not otherwise
punishable by a term of imprisonment or confinement shall be
punishable by a term of imprison ment not to exceed one (1) day in
the discretion of the court, in addition to any fine prescribed b y
law.
E. The conviction of any person, as presc ribed in this section,
when the offense occurred during a period when the driving
privileges of the person were under suspension, revocation,
cancellation, denial, or disqualification or the person had not b een
granted driving privileges by Oklahoma or any other state, shall
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result in the doubling of the appropriate fine, as provided for in
subsections B and C of th is section, and the doubling of all court
costs and all fees collected by the court on behalf o f any other
entity, unless waived by the court.
F. One-half (1/2) of any fine collected pursuant to the
provisions of subsection E of this section, shall be dep osited to
the Trauma Care Assistance Revolving Fund created in Section 1-2522
of Title 63 of the Oklahoma Statutes.
SECTION 22. AMENDATORY 47 O.S. 2021, Section 17-102, is
amended to read as follows:
Section 17-102. A. Any person who is convicted of a violation
of any of the provisions of the Uniform Vehicle Code declared by the
Code or by other law s of this state to constitute a f elony except
those offenses specified in subsection A of Section 4-102 of this
title relating to unauthorized use of a vehicle and subsection A of
Section 4-103 of this title, relating to receiving or di sposing of a
vehicle, shall be guilty of a felony and shall be punished by
imprisonment in the custody of the Department of Corrections for not
less than one (1) year nor more than five (5) years, or by a fine of
not less than Five Hundred Dollars ($500.00 ) nor more than Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
B. The conviction of any person, as prescribed in this section,
when the offense occurred during a period when the driving
privileges of the person were under suspen sion, revocation,
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cancellation, denial, or disqualifi cation or the person had not been
granted driving privileges by Oklaho ma or any other state, shall
result in the doubling of the appropriate fine, as provided for in
subsection A of this section, and the doubling of all court costs
and all fees collected b y the court on behalf of any other entity,
unless waived by the court.
C. One-half (1/2) of any fine collected pursuant to the
provisions of subsection B of this section, shall be deposited to
the Trauma Care Assistance Re volving Fund created in Section 1 -2522
of Title 63 of the Oklahoma Statutes.
SECTION 23. AMENDATORY 47 O.S. 2 021, Section 752, is
amended to read as follows:
Section 752. A. Only a licensed medical doctor, licensed
osteopathic physician, lice nsed chiropractic ph ysician, registered
nurse, licensed practical nurse, physician's assistant, certified by
any state's appropriate licensing authority, an employee of a
hospital or other health care facility authorized by the hospital or
health care facility to withdraw blo od, or individuals licensed in
accordance with Section 1-2505 of Title 63 of the Oklahoma Statutes
as an Intermediate Emergency Medical Technician, an Advanced
Emergency Medical Technician or a Paramedic, act ing within the scope
of practice prescribed by t heir medical director, acting at the
request of a law enforcement officer may withdraw blood for the
purpose of having a determination made of its concentration of
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alcohol or the presence or concentration of other intoxicating
substance. Only qualified pe rsons authorized by the Board may
collect breath, saliva or urine, or administer tests of breath unde r
the provisions of this title.
B. If the person authorized to withdraw blood as specified in
subsection A of this section is presente d with a written sta tement:
1. Authorizing blood withdrawal signed by the person whose
blood is to be withdrawn;
2. Signed by a duly authorized peace officer that the person
whose blood is to be withdrawn has agreed to the wit hdrawal of
blood;
3. Signed by a duly authorized peace officer that the person
whose blood is to be withdrawn has been placed under arrest and that
the officer has probable cause to believe that the person, while
intoxicated, has operated a motor vehicle in such manner as to have
caused the death or se rious physical injury of another person, or
the person has been involved in a traffic accident and ha s been
removed from the scene of the accident that resulted in the death or
great bodily injury, as defined in subsection B of Section 646 of
Title 21 of the Oklahoma Statutes, of any person to a hospital or
other health care facility outside the State of Oklahoma before the
law enforcement officer was able to effect an arrest for such
offense; or
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4. In the form of an order from a distri ct court that blood be
withdrawn, the person authorized to withdraw the blood and the
hospital or other health care facil ity where the withdrawal occurs
may rely on such a statement or order as evidence that the person
has consented to or has been required to submit to the clinical
procedure and shall not require the person to sign any additional
consent or waiver form. In such a case, the person authorized to
perform the procedure, the employer of such person and the hospital
or other health care facility shall not be liable in any action
alleging lack of consent or lack of informed consent.
C. No person specified in subse ction A of this section, no
employer of such person and no hospital or other health care
facility where blood is withdrawn shall incur any civil or crimina l
liability as a result of the proper withdrawal of blood when acting
at the request of a law enforce ment officer by the provisions of
Section 751 or 753 of this title, or when acting in reliance upon a
signed statement or court order a s provided in this s ection, if the
act is performed in a reasonable manner according to generally
accepted clinical pract ice. No person specified in subsection A of
this section shall incur any civil or criminal liability as a result
of the proper collect ion of breath, saliv a or urine when acting at
the request of a law enforcement officer under the provisions of
Section 751 or 753 of this title or when acting pursuant to a court
order.
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D. The blood, breath, saliva or urine spe cimens obtained shall
be tested by the appropria te test as determined by the Board, or
tested by a laboratory that is exempt from the Board rules pur suant
to Section 759 of this title, to determine the alcohol concentration
thereof, or the presence or conc entration of any other intox icating
substance which might have affected the ability of the person tested
to operate a motor vehicle safely.
E. When blood is withdrawn for testing of its alcohol
concentration or other intoxicating substance presence or
concentration, at the request o f a law enforcement officer, a
sufficient quantity of the same specimen shall be obtained to enable
the tested person, at his or her own option and expense, to have an
independent analysis made of such specimen. The excess bloo d
specimen shall be retained by a laboratory approved by the Board in
accordance with the rules and regulations of the Board or by a
laboratory that is exempt from the Board rules pursuant to Section
759 of this title, for sixty (60) days from the date of collection.
At any time within that period, the tested person or his or her
attorney may direct that such blood specimen be sent or delivered to
a laboratory of his or her own choosing and approved by the Board
for an independent analysis. Neither the te sted person, nor any
agent of such person, shall have access to the additional blood
specimen prior to the completion of the independent analysis, ex cept
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the analyst performing the independent analysis and agents of the
analyst.
F. The costs of collecting blood specimens for the pur pose of
determining the alcohol or other intoxicating substance thereof, by
or at the direction of a law enforcement offi cer, shall be borne by
the law enforcement agency employing such officer; provided, if the
person is convicted for any offense involvin g the operation of a
motor vehicle while under the influence of or while impaired by
alcohol or an intoxicating substance , or both, as a direct result of
the incident which caused the collection of blood specimens, an
amount equal to the costs shall become a part of the court costs of
the person and shall be collected by the court and remitted to the
law enforcement agency b earing the costs. The cost of collecting,
retaining and sending or delivering to an independent laboratory the
excess specimens of blo od for independent a nalysis at the option of
the tested person shall also be borne by such law enforcement
agency. The cost of the independent analysis of such specimen of
blood shall be borne by the tested person at whose opti on such
analysis is performe d. The tested perso n, or his or her agent,
shall make all necessary arrangements for the performance of such
independent analysis other than the forwarding or delivery of such
specimen.
G. Tests of blood or breath for the purp ose of determining the
alcohol concentration the reof, and tests of blood for the purpose of
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determining the presence or concentration of any other in toxicating
substance therein, under the provisions of this title, whether
administered by or at the directi on of a law enforcement offi cer or
administered independently, at the option of the tested person, on
the excess specimen of such person's blood to be considered valid
and admissible in evidence under the provisions of this title, shall
have been administered in accordance with Secti on 759 of this title .
H. G. Any person who has been arrested for any offense arising
out of acts alleged to have been co mmitted while the person was
operating or in actual physical control of a motor vehicle while
under the influence of alcohol, any other in toxicating substance or
the combined influence of alcohol and any other intoxicating
substance who is not requested by a law enforcement officer to
submit to a test shall be entitled to have an independent test of
his or her blood for the purpose of determ ining its alcohol
concentration or the presence or concentration of any other
intoxicating substance therein, performe d by a person of his or her
own choosing who is qualified as stipulated in this section. The
arrested person shall bear the responsibilit y for making all
necessary arrangements for the administration of such independent
test and for the independent analys is of any specimens obtained, and
bear all costs thereof. The failure or inability of the arrested
person to obtain an independent test s hall not preclude the
admission of other competent evidence bearing upon the question of
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whether such person was under the influence of alcohol, or any other
intoxicating substance or the combined influence of alcohol and any
other intoxicating substance.
I. H. Any agency or laboratory certified by the Board or any
agency or laboratory that is exempt from the Board rules pursuant to
Section 759 of this title, which analyses blood shall make available
a written report of the results of the test administered by or at
the direction of the law enforcement officer to:
1. The tested person, or his or her attorney;
2. The Commissioner of Public Safety; and
3. The Fatality Analysis Reporting System (FARS) analyst of the
state, upon request.
The results of the tests provided for in this title shall be
admissible in all civil actions, including administrative hearings
regarding driving privileges.
SECTION 24. AMENDATORY 63 O.S. 2021, S ection 2-401, is
amended to read as follows:
Section 2-401. A. Except as authorized by the Uniform
Controlled Dangerous Substances Act, it shall be unlawful for any
person:
1. To distribute, dispense, transport with intent to distribute
or dispense, possess with intent to manufacture, distribute, or
dispense, a controlled da ngerous substance or to solicit the use of
or use the services of a person less than eighteen (18) ye ars of age
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to cultivate, distribute or dispense a controlled dangerous
substance;
2. To create, distribute, transport with intent to distribute
or dispense, or possess with intent to distribute, a counterfeit
controlled dangerous substance; or
3. To distribute any imitation controlled substance as defined
by Section 2-101 of this title, except when authorized by the Food
and Drug Administration of the Unit ed States Department of Health
and Human Services.
B. Any person who violates the provisions of this section with
respect to:
1. A substance classified in Schedule I or II, except f or
marijuana, upon conviction, shall be guilty of transporting or
possessing with an intent to distribute a controlled dangerous
substance, a felony, and shall be sentenced t o a term of
imprisonment in the custody of the Department of Corrections for not
more than seven (7) years and a fine of not more than One Hundred
Thousand Dollars ($100,000.00), which shall be in addition to other
punishment provided by law and shall not be imposed in lieu of other
punishment. A second conviction for the violation of provisions of
this paragraph is a felony punishable by a term of imprison ment in
the custody of the Department of Corrections for not more than
fourteen (14) years. A third or subsequent conviction for the
violation of the provisions of this paragraph is a felony punishable
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by a term of imprisonment in the custody of the Depar tment of
Corrections for not more than twenty (20) years;
2. Any other controlled dangerous substanc e classified in
Schedule III, IV, V or marijuana, upon conviction, shall be guilty
of a felony and shall be sentenced to a term of imprisonment in the
custody of the Department of Corrections for not more than five (5)
years and a fine of not more than Twe nty Thousand Dollars
($20,000.00), which shall be in addition to other punishment
provided by law and shall not be imposed in lieu of other
punishment. A second conviction for the violation of the provisions
of this paragraph is a felony punishable by a t erm of imprisonment
in the custody of the Department of Corrections for not more t han
ten (10) years. A third or subsequent conviction for the violation
of the provisions of this paragraph is a felony punishable by a term
of imprisonment in the custody of the Department of Corrections for
not more than fifteen (15) years; or
3. An imitation controlled substance as defined by Section 2-
101 of this title, up on conviction, shall be guilty of a misdemeanor
and shall be sentenced to a term of imprisonment in t he county jail
for a period of not more than one (1) year and a fine of not more
than One Thousand Dollars ($1,000.00). A person convicted of a
second violation of the provisions of this paragraph shall be guilty
of a felony and shall be sentenced to a te rm of imprisonment in the
custody of the Department of Corrections for not more th an two (2)
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years and a fine of not more than Five Thousand Dollars ($5,00 0.00),
which shall be in addition to other punishment provided by law and
shall not be imposed in lie u of other punishment.
C. 1. Except when authorized by the Food and Drug
Administration of the United States Department of Health and Human
Services, it shall be unlawful for any person to manufacture or
distribute a controlled substance or synthetic con trolled substance.
2. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to distributing a
controlled substance is guilty of a felony and shall be punished by
imprisonment in the custody of the Department of Co rrections for a
term not to exceed ten (10) years and a fine of not more than
Twenty-five Thousand Dollars ($25,000.00), which shall be in
addition to other punishment provided by law and shall not be
imposed in lieu of other punishment.
3. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with r espect to distributing a
controlled substance is a felony punishable by i mprisonment in the
custody of the Department of Corrections for a term not less than
two (2) years nor more than twenty (20) years. A third or
subsequent conviction for the violation of the provisions of this
paragraph is a felony punishable by imprisonme nt in the custody of
the Department of Corrections for a term not less than ten (10)
years nor more than life.
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4. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is gu ilty of a felony and shall be punished by
imprisonment in the custody of the Department of Correction s for a
term not to exceed ten (10) years and a fine of not more than
Twenty-five Thousand Dollars ($25,000.00), which shall be in
addition to other punish ment provided by law and shall not be
imposed in lieu of other punishment.
5. A second conviction fo r the violation of the provisions of
paragraph 1 of this subsection with respect t o manufacturing a
controlled substance is a felony punishable by imprison ment in the
custody of the Department of Corrections for a term not less than
two (2) years nor more than twenty (20) years. A third or
subsequent conviction for the violation of the provisions of this
paragraph is a felony punishable by imprisonment in t he custody of
the Department of Corrections for a term not less than ten (10)
years nor more than lif e.
D. Convictions for violations of the provisions of this section
shall be subject to the statutory provisions for suspended or
deferred sentences, or pr obation as provided in Section 991a of
Title 22 of the Oklahoma Statutes.
E. Any person who is at le ast eighteen (18) years of age and
who violates the provisions of this section by using or soliciting
the use of services of a person less than eighteen (1 8) years of age
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to distribute, dispense, transport with intent to distribute or
dispense or cultivate a controlled dangerous substance or by
distributing a controlled dangerous substa nce to a person under
eighteen (18) years of age, or in the presence of a person under
twelve (12) years of age, is punishable by:
1. For a first violation of this section, a term of
imprisonment in the custody of the Department of Corrections not
less than two (2) years nor more than ten (10) years;
2. For a second violation of this section, a term of
imprisonment in the custody of the Department of Corrections for not
less than four (4) years nor more than twenty (20) years; or
3. For a third or subseq uent violation of this section, a term
of imprisonment in the custody of the Department of Corrections for
not less than ten (10) years nor more than life.
F. Any person who violates any provision of this section by
transporting with intent to distribute or dispense, distributing or
possessing with intent to distribute a contr olled dangerous
substance to a person, or violation of subsection G of this section,
in or on, or within two thousand (2,000) feet of the real property
comprising a public or private elementary or secondary school,
public vocational school, public or priva te college or university,
or other institution of higher education, recreation center or
public park, including state parks and recreation areas, public
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housing project, or child care facility as defined by Section 402 of
Title 10 of the Oklahoma Statutes, shall be punished by:
1. For a first offense, a term of imprisonment in the custody
of the Department of Corrections, or by the imposition of a fine or
by both, not exceeding twice that authorized by the appropriate
provision of this section; or
2. For a second or subsequent violation of this section, a term
of imprisonment in the custody of the Depart ment of Corrections, or
by the imposition of a fine or by both, not exceeding thri ce that
authorized by the appropriate provision of this section.
Convictions for second and subsequent violations of the provisions
of this section shall not be subject to s tatutory provisions of
suspended sentences, deferred sentences or probation.
G. 1. Except as authorized by the Uniform Controlled Dangerous
Substances Act, it shall be unlawful for any person to manufacture
or attempt to manufacture any controlled danger ous substance or
possess any substance listed in Section 2-322 of this title or an y
substance containing any detectable amount of pseudoephedrine or its
salts, optical isomers or salts of optical isomers, iodine or its
salts, optical isomers or salts of op tical isomers, hydriodic acid,
sodium metal, lithium metal, anhydrous ammonia, pho sphorus, or
organic solvents with the intent to use that substance to
manufacture a controlled dangerous substance.
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2. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance, or possessing any
substance listed in this subsection or Section 2-322 of this title,
upon conviction, is guilty of a felony and shall b e punished by
imprisonment for not less than seven (7) years nor more than life
and by a fine of not less than Fifty Thousand Dollars ($50,000.00),
which shall be in addition to other punishment provided by law and
shall not be imposed in lieu of other pun ishment. The possession of
any amount of anhydrous ammonia in an unauthorized con tainer shall
be prima facie evidence of intent to use such substance to
manufacture a controlled dangerous substance.
3. Any person violating the provisions of this subsecti on with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance in the following
amounts:
a. one (1) kilogram or more of a mixture or substance
containing a detectable amount of heroin,
b. five (5) kilograms or more of a mixture or substance
containing a detectable amount of:
(1) coca leaves, except coca leaves and extracts of
coca leaves from which co caine, ecgonine, and
derivatives of ecgonine or their salts have been
removed,
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(2) cocaine, its salts, optical and geometric
isomers, and salts of isomers,
(3) ecgonine, its derivativ es, their salts, isomers,
and salts of isomers, or
(4) any compound, mixture, or preparation which
contains any quantity of any of the substances
referred to in divisions (1) through (3) of this
subparagraph,
c. fifty (50) grams or more of a mixture or sub stance
described in division (2) of subparagraph b of this
paragraph which contains cocaine base,
d. one hundred (100) grams or more of phencyclidine (PCP)
or 1 kilogram or more of a mixture or substance
containing a detectable amount of phencyclidine (PCP ),
e. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD),
f. four hundred (400) grams or more of a mixture or
substance containing a detectable amount of N-phenyl-
N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100
grams or more of a mixture or substance containi ng a
detectable amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide,
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g. one thousand (1,000) kilograms or more of a mixture or
substance containing a de tectable amount of marihuana
marijuana or one thousand (1,000) or more marihuana
marijuana plants regardless of weight, or
h. fifty (50) grams or more of methamphetamine, its
salts, isomers, and salts of its isomers or 500 grams
or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts,
isomers, or salts of its isomers,
upon conviction, is guilty of aggravated manufacturing a controlled
dangerous substance punishable by imprisonment for not less than
twenty (20) years nor more than life and by a fine of not less than
Fifty Thousand Dollars ($50,000. 00), which shall be in addition to
other punishment provided by law and shall not be imposed in lieu of
other punishment. Any person convicted of a violat ion of the
provisions of this paragraph sh all be required to serve a minimum of
eighty-five percent (85%) of the sentence received prior to becoming
eligible for state correctional earned credits towards the
completion of the sentence or eligible for parol e.
4. Any sentence to the custody of the Department of Corrections
for any violation of paragraph 3 of this subsection shall not be
subject to statutory provisions for suspended sentences, deferred
sentences, or probation. A person convicted of a second or
subsequent violation of the provisions of paragraph 3 of this
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subsection shall be punished as a ha bitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes and shall be
required to serve a minimum of eighty-five percent (85%) of the
sentence received prior to becoming eligib le for state correctional
earned credits or eligibility for parole.
5. Any person who has been convicted of manufacturing or
attempting to manufacture methamphetamine pursuant to the provisions
of this subsection and who, after such conviction, purchases or
attempts to purchase, receive or otherwise acquire any p roduct,
mixture, or preparation containing any detectable quantity of base
pseudoephedrine or ephedrine shall, upon conviction, be guilty of a
felony punishable by imprisonment in the custody of th e Department
of Corrections for a term in the range of twic e the minimum term
provided for in paragraph 2 of this subsection.
H. Any person convicted of any offense described in the Uniform
Controlled Dangerous Su bstances Act may, in addition to the fine
imposed, be assessed an amount not to exceed ten percent (1 0%) of
the fine imposed. Such assessment shall be paid into a revolving
fund for enforcement of controlled dangerous substances created
pursuant to Section 2-506 of this title.
I. Any person convicted of any offense described in this
section shall, in ad dition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
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deposited into the Trauma Care Assistance Revol ving Fund created in
Section 1-2522 of this title.
J. For purposes of this section, "public housing project" means
any dwelling or accommodations operated as a state or federally
subsidized multifami ly housing project by any housing authority,
nonprofit corporation or municipal developer or housing projects
created pursuant to the Oklahoma Housing A uthorities Act.
K. J. When a person is found guilty of a violation of the
provisions of this section, t he court shall order, in addition to
any other penalty, the defendant to pay a one-hundred-dollar
assessment to be deposited in the Drug Abuse Education an d Treatment
Revolving Fund created in Section 2-503.2 of this title, upon
collection.
L. K. Any person convicted of a second or subsequent felony
violation of the provisions of this section, except for paragraphs 1
and 2 of subsection B of this section, paragraphs 2, 3, 4 and 5 of
subsection C of this section, paragraphs 1, 2, and 3 of subsection E
of this section and paragraphs 1 and 2 of subsection F of this
section, shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes.
SECTION 25. AMENDATORY 63 O.S. 2021, Section 2-402, is
amended to read as follows:
Section 2-402. A. 1. It shall be unlawful for any person
knowingly or intentionally to possess a controlled dangerous
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substance unless such substance was obtained directly, or pursuant
to a valid prescription or order from a practitioner, while acting
in the course of his or her profes sional practice, or except as
otherwise authorized by this act.
2. It shall be unlawful for any pe rson to purchase any
preparation excepted from the provisions of the Uniform Controlled
Dangerous Substances Act pursuant to Section 2-313 of this title in
an amount or within a time interval other than that permitted by
Section 2-313 of this title.
3. It shall be unlawful for any person or business to sell,
market, advertise or label any product containing ephedrine, its
salts, optical isomers, or salts of o ptical isomers, for the
indication of stimulation, mental alertness, weight loss, appetite
control, muscle development, energy or other indication which is not
approved by the pertinent federal OTC Final Monograph, Tentative
Final Monograph, or FDA-approved new drug application or its legal
equivalent. In determining compliance with this requirement, t he
following factors shall be considered:
a. the packaging of the product,
b. the name of the product, and
c. the distribution and promotion of the product,
including verbal representations made at the point of
sale.
B. Any person who violates this sectio n with respect to:
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1. Any Schedule I or II substance, except marijuana or a
substance included in subsection D of Section 2-206 of this title,
is guilty of a felony punishable by imprisonment for not more than
five (5) years and by a fine not exceeding Fi ve Thousand Dollars
($5,000.00). A second violation of this section with respect to a
Schedule I or II substance, except marijuana or a substance included
in subsection D of Section 2-206 of this title, is a felony
punishable by imprisonment for not more than ten (10) years and by a
fine not exceeding Ten Thousand Dollars ($10,000.00). A third or
subsequent violation of this section with respect to a Schedul e I or
II substance, except marijuana or a substance included in subsection
D of Section 2-206 of this title, is a felony punishable by
imprisonment for not less than four (4) years nor more th an fifteen
(15) years and by a fine not exceeding Ten Thousand Dollars
($10,000.00);
2. Any Schedule III, IV or V substance, marijuana, a substance
included in subsection D of Section 2-206 of this title, or any
preparation excepted from the provisions of the Uniform Controlled
Dangerous Substances Act is guilty of a misdemeanor punishable by
confinement for not more than one (1) year and by a fine not
exceeding One Thousand Dollars ($1,000.00);
3. Any Schedule III, IV or V substance, marijuana, a substan ce
included in subsection D of Section 2-206 of this title, or any
preparation excepted from the provisions of the Uniform Controlled
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Dangerous Substances Act and who, during the period of any court-
imposed probationary term or within ten (10) years of the date
following the completion of the execution of any sentence or
deferred judgment for a violation of this section, commits a second
or subsequent violation of this section shall, upon conviction, be
guilty of a felony punishable by imprisonment in the c ustody of the
Department of Corrections for not less than one (1) year nor more
than five (5) years and by a fine not exceeding Five Thousand
Dollars ($5,000.00); or
4. Any Schedule III, IV or V substance, marijuana, a substance
included in subsection D o f Section 2-206 of this title, or any
preparation excepted from the provisions of the Uniform Controlled
Dangerous Substances Act and who, ten (10) or more years following
the date of completion of the execution of any sentence or deferred
judgment for a violation of this section, commits a second or
subsequent violation of this section shall, upon conviction, be
guilty of a felony punishable by imprisonment in the custody of the
Department of Corrections for not less than one (1) year nor more
than five (5) years and by a fine not exceeding Five Thousand
Dollars ($5,000.00).
C. Any person who violates any provision of this section by
possessing or purchasing a con trolled dangerous substance from any
person, in or on, or within one thousand (1,000) feet of the real
property comprising a public or private elementary or secondary
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school, public vocational school, public or private college or
university, or other insti tution of higher education, recreation
center or public park, including state parks and recrea tion areas,
or in the presence of any child under twelve (12) years of age,
shall be guilty of a felony and punished by:
1. For a first offense, a term of impris onment, or by the
imposition of a fine, or by both, not exceeding twice that
authorized by the appropriate provision of this section. In
addition, the person shall serve a minimum of fifty percent (50%) of
the sentence received prior to becoming eligible for state
correctional institution earned credits toward the completion of
said sentence; or
2. For a second or subsequent offense, a term of imprisonment
not exceeding three times that authorized by the appropriate
provision of this section and the perso n shall serve a minimum of
ninety percent (90%) of the sentence received prior to becoming
eligible for state correctional institution earned credits toward
the completion of said sentence, and imposition of a fine not
exceeding Ten Thousand Dollars ($10,0 00.00).
D. Any person convicted of any offense described i n this
section shall, in addition t o any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
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SECTION 26. AMENDATORY 63 O.S. 2021, S ection 2-404, is
amended to read as follows:
Section 2-404. A. It shall be unlawful for any pers on:
1. Who is subject to the requirements of Article III o f this
act to distribute or dispense a controlled dangero us substance in
violation of Section 2 -308 of this title;
2. Who is a registrant to manufacture, distribute, or dispense
a controlled dangerous substance not authorized by his registration
to another registrant or other authorized person;
3. To omit, remove, alter, or obliterate a symbol requir ed by
the Federal Controlled Substances Act or this act;
4. To refuse or fail to make, keep, or fu rnish any record,
notification, order form, statement, invo ice, or information
required under this act;
5. To refuse any entry into any premises or inspecti on
authorized by this act; or
6. To keep or maintain any store, shop, warehouse, dwelling
house, building, vehicle, boat, aircraft, or any place whatever,
which is resorted to by persons using controlled dangerous
substances in violation of this act for t he purpose of using such
substances, or which is used for the keeping or selling of the same
in violation of this act.
B. Any person who violates this sectio n is punishable by a
civil fine of not more than One Thou sand Dollars ($1,000.00);
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provided, that, if the violation is prosecuted by an information or
indictment which alleges that the violation wa s committed knowingly
or intentionally, and the trier of fa ct specifically finds that the
violation was committed kn owingly or intentionally, such person is
guilty of a felony punishable by imprisonment for not more than five
(5) years, and a fine of not m ore than Ten Thousand Dollars
($10,000.00), except that if such person is a corporation it shall
be subject to a civil penalty of not more than One Hundred T housand
Dollars ($100,000.00). The fine provided for in this subsection
shall be in addition to ot her punishments provided by law and shall
not be in lieu of other punishment.
C. Any person convicted of a second o r subsequent violation of
this section is punishable by a term of imprisonment twice that
otherwise authorized and by twice the fine otherwi se authorized.
The fine provided for in this subsection sh all be in addition to
other punishments provided by law a nd shall not be in lieu of other
punishment.
D. Any person convicted of any offense described in this
section shall, in addition to any fin e imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created i n
Section 1-2522 of this title.
SECTION 27. AMENDATORY 63 O.S. 2021, Section 2-405, is
amended to read as follows:
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Section 2-405. A. No person shall use tincture of opium,
tincture of opium camphorated, or any deri vative thereof, by the
hypodermic method, either with or without a medical prescription
therefor.
B. No person shall use drug paraphernalia to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, ana lyze, pack, repack, store, contain,
conceal, inject, ingest, inhale or otherwise introduce into the
human body a controlled dangerous substance in violation of the
Uniform Controlled Dangerous Substances Act, except those persons
holding an unrevoked licen se in the professions of podiatry,
dentistry, medicine, nursing, optometry, osteopathy, veterinary
medicine or pharmacy.
C. No person shall deliver, sell, possess or manufa cture drug
paraphernalia knowing, or under circumstances where one reasonably
should know, that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produc e, process,
prepare, test, analyze, pack, repack, store, co ntain, conceal,
inject, ingest, inhale or otherwise introduce into the human body a
controlled dangerous substance in violation of the Uniform
Controlled Dangerous Substances Act.
D. Any person eighteen (18) years of age or over who violates
subsection C of this section by delivering or selling drug
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paraphernalia to a person under eight een (18) years of age shall,
upon conviction, be guilty of a felony.
E. Any person who violates subsections subsection A, B or C of
this section shall, upon conviction, be guilty of a misdemeanor
punishable as follows:
1. For a first offense the person shall be punished by
imprisonment in the county jail for not more than one (1) year or by
a fine of not more than One Thousand Dollars ($1,000.00), or both
such fine and imprisonment;
2. For a second offense the person shall be punished by
imprisonment in the county jail for not more than one (1) year or by
a fine of not more than Five Thousand Dollars ($5 ,000.00), or both
such fine and imprisonment; and
3. For a third or su bsequent offense the person shall be
punished by imprisonment in the county jail for not more than one
(1) year or by a fine of not more than Ten Thousand Dollars
($10,000.00), or both such fine and imprisonm ent.
F. Any person convicted of any offense des cribed in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 of this title.
SECTION 28. AMENDATORY 63 O.S. 2021, Section 2-406, is
amended to read as follows:
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Section 2-406. A. It shall be unlawful for any registrant
knowingly or intentionally:
1. To distribute, other t han by dispensing or as otherwise
authorized by this act, a controlled dangerous substance classified
in Schedules I or II, in the course of his leg itimate business,
except pursuant to an order form as required by Section 2-308 of
this title;
2. To use in the course of the manufacture or distribution of a
controlled dangerous substance a registration number which is
fictitious, revoked, suspended or issued to another person;
3. To acquire or obtain possession of a controlled dangerou s
substance by misrepr esentation, fraud, forgery, deception or
subterfuge;
4. To furnish false or fraudulent material information in, or
omit any material information fr om, any application, report, or
other document required to be kept or filed under this act, or any
record required to be kept by this act; and
5. To make, distribute, or possess any punch, die, plate,
stone, or other thing designed to print, imprint, or r eproduce the
trademark, trade name, or other identifying mark, imprint, or device
of another or any likeness of any of the foregoing upon any drug or
container or labeling thereof so as to render such drug a
counterfeit controlled dangerous substance.
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B. Any person who violates this section is guilty of a felony
punishable by imprisonment for not more than twen ty (20) years or a
fine of not more than Two Hund red Fifty Thousand Dollars
($250,000.00), or both.
C. Any person convicted of a second or subseque nt violation of
this section is punishable by a term of imprisonment twice that
otherwise authorized and by twice the fine otherwise authorized.
Convictions for second or subsequent violations of this section
shall not be subject to statutory provisions fo r suspended
sentences, deferred sentences, or probation.
D. Any person convicted of a ny offense described i n this
section shall, in addition to any fine imp osed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 of this title.
SECTION 29. AMENDATORY 63 O.S. 2021, Section 2-407, is
amended to read as follows:
Section 2-407. A. No person shall obtain or attempt to obt ain
any preparation excepted from the provisions of the Uniform
Controlled Dangerous Substances Act pursuant to Section 2-313 of
this title in a manner inconsis tent with the provisions of paragraph
1 of subsection B of Sect ion 2-313 of this title, or a con trolled
dangerous substance or procure or attempt to procure the
administration of a controlled dangerous substance:
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1. By fraud, deceit, misrepresentation, or subterfuge;
2. By the forgery of, alteration of, adding any i nformation to
or changing any information on a prescription or of any written
order;
3. By the concealment of a material fact;
4. By the use of a false name or the giving of a false address;
or
5. By knowingly failing to disclose the receipt of a controlled
dangerous substance or a pre scription for a controlled dangerous
substance of the same or similar therapeutic use from another
practitioner within the previous thirty (30) days.
B. Except as authorized by this act, a person shall not
manufacture, create, deliver, or possess with int ent to manufacture,
create, or deliver or possess a prescription form, an original
prescription form, or a counterfeit prescription form. This shall
not apply to the legitimate manufacture or delivery of prescription
forms, or a person acting as an author ized agent of the
practitioner.
C. Information communicated to a physician in an effort
unlawfully to procure a controlled dangerous substance, or
unlawfully to procure the administration of any such drug, shall not
be deemed a privileged communication.
D. Any person who violates this section is guilty of a felony
punishable by imprisonment for not more than ten (10) years, by a
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fine of not more than Ten Thousa nd Dollars ($10,000.00), or by both
such fine and imprisonment. A second or subsequent offense under
this section is a felony punishable by imprisonment for not less
than four (4) years nor more than twenty (20) years, by a fine of
not more than Twenty Th ousand Dollars ($20,000.00), or by both such
fine and imprisonment.
E. Convictions for second o r subsequent violations of this
section shall not be subject to statutory provisions for suspended
sentences, deferred sentences, or probation.
F. Any person convicted of any offense described in this
section shall, in add ition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
SECTION 30. AMENDATORY 63 O.S. 2021, Section 2-407.1, is
amended to read as follows:
Section 2-407.1 A. For the purpose of inducing intoxication or
distortion or disturbance of the auditory, visual, muscular, or
mental process, no person shall ingest, use, or possess any
compound, liquid, or chemical which con tains ethylchloride, butyl
nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary b utyl
nitrite, amyl nitrite, isopropyl nitrite, isopentyl nitrite, or
mixtures containing butyl nitrite, isobutyl nitrite, secondary bu tyl
nitrite, tertiary butyl nitri te, amyl nitrite, isopropyl nitrite,
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isopentyl nitrite, or any of their esters, isomers, or analogues, or
any other similar compound.
B. No person shall possess, buy, sell, or otherwise transfer
any substance specified in subsection A of this section for the
purpose of inducing or aiding any other person to inhale or ingest
such substance or otherwise violate the p rovisions of this section.
C. The provisions of subsections A and B of this section shall
not apply to:
1. The possession and use of a substan ce specified in
subsection A of this section which is used as part of the care or
treatment by a licensed physic ian of a disease, condition or injury
or pursuant to a prescription of a licensed physician; and
2. The possession of a substance specified in subsection A of
this section which is used as part of a known manufacturing process
or industrial operation when the possessor has obtained a permit
from the State Department of Health.
D. The State Board of Health shall p romulgate rules and
regulations establishing procedures for the application, form and
issuance of a permit to legitimate m anufacturing and indust rial
applicants as provided for in subsection C of this section.
E. Any person convicted of violating any prov ision of
subsection A or B of thi s section shall be guilty of a misdemeanor
punishable by imprisonment in the county jail not to exceed ninety
(90) days or by the imposition of a fine not to exceed Five Hundred
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Dollars ($500.00), or by both such imprisonme nt and fine. Each
violation shall be considered a separate offense.
F. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 of this title.
SECTION 31. AMENDATORY 63 O.S. 2021, Section 2-415, is
amended to read as follows:
Section 2-415. A. The provisions of the Trafficking in Illegal
Drugs Act shall apply to persons convicted of violations with
respect to the following substances:
1. Marijuana;
2. Cocaine or coca leaves;
3. Heroin;
4. Amphetamine or methamphetamine;
5. Lysergic acid diethylamide (LSD);
6. Phencyclidine (PCP);
7. Cocaine base, commonl y known as "crack" or "rock";
8. 3,4-Methylenedioxy methamphetamine, commonly known as
"ecstasy" or MDMA;
9. Morphine;
10. Oxycodone;
11. Hydrocodone;
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12. Benzodiazepine; or
13. Fentanyl and its analogs and derivatives.
B. Except as otherwise author ized by the Uniform Controlled
Dangerous Substances Act, it shall be unlawful for any person to:
1. Knowingly distribute, manufacture, bring into this state or
possess a controlled substance specified in subsection A of this
section in the quantities spec ified in subsection C of this section;
2. Possess any controlled substance with the intent to
manufacture a controlled substance specified in subsection A of this
section in quantities specified in subsection C of this section; or
3. Use or solicit the u se of services of a person less than
eighteen (18) years of age to distribute or manufacture a controlled
dangerous substance specified in subsection A of this section in
quantities specified in subsection C of this section.
Violation of this section shall be known as "trafficking in
illegal drugs". Separate types of controlled substances described
in subsection A of this section when possessed at the same time in
violation of any provision of this section shall constitute a
separate offense for each subst ance.
Any person who commits the conduct described in paragraph 1, 2
or 3 of this subsection and represents the quantity of the
controlled substance to be an amount described in subsection C of
this section shall be punished under the provisions appropriat e for
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the amount of controlled substance represented, regardless of the
actual amount.
C. In the case of a violation of the provisions of subsection B
of this section, involving:
1. Marijuana:
a. twenty-five (25) pounds or more of a mixture or
substance containing a detectable amount of marijuana
shall be punishable by a fine of not less than Twenty-
five Thousand Dollars ($25,000.00) and not more than
One Hundred Thousand Dollars ($100,000.00), or
b. one thousand (1,000) pounds or more of a mixture or
substance containing a detectable amount of marijuana
shall be deemed aggravated trafficking punishable by a
fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00);
2. Cocaine, coca leaves or cocaine base:
a. twenty-eight (28) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be punishable by a
fine of not less than Twenty-five Thousand Dollars
($25,000.00) and not more th an One Hundred Thousand
Dollars ($100,000.00),
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b. three hundred (300) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be punishable by a
fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00), or
c. four hundred fifty (450) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be deemed aggravated
trafficking punishable by a fine of not less than One
Hundred Thousand Dollars ($100,000.00) and not more
than Five Hundred Thousand Dollars ($500,000.00);
3. Heroin:
a. ten (10) grams or more of a mixture or substance
containing a detectable amount of heroin shal l be
punishable by a fine of not less than Twenty-five
Thousand Dollars ($25,000.00) and not more than Fifty
Thousand Dollars ($50,000.00), or
b. twenty-eight (28) grams or more of a mixture or
substance containing a detectable amount of heroin
shall be deemed aggravated trafficking punishable by a
fine of not less than Fifty Thousand Dollars
($50,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00);
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4. Amphetamine or methamphetamine:
a. twenty (20) grams or more of a mixture or substance
containing a detectable amount of amphetamine or
methamphetamine shall be punishable by a fine of not
less than Twenty-five Thousand Dollars ($25,000.00)
and not more than Two Hundred Thousand Dollars
($200,000.00),
b. two hundred (200) grams or more of a mixture or
substance containing a detectable amount of
amphetamine or methamphetamine shall be punishable by
a fine of not less than Fifty Thousand Dollars
($50,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00), or
c. four hundred fifty (450) grams or more of a mixture or
substance containing a detectable amount of
amphetamine or methamphetamine shall be deemed
aggravated trafficking punishable by a fine of not
less than Fifty Thousand Dollars ($50,000.00) and not
more than Five Hundred Thousand Dollars ($500,000.00);
5. Lysergic acid diethylamide (LSD):
a. one (1) gram or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD) shall be trafficking punishable by
a term of imprisonment in the cust ody of the
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Department of Corrections not to exceed twenty (20)
years and by a fine of not less than Fifty Thousand
Dollars ($50,000.00) and not more than One Hundred
Thousand Dollars ($100,000.00), or
b. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD) shall be aggravated trafficking
punishable by a term of imprisonment in the custody of
the Department of Corrections of not less than two (2)
years nor more than life and by a fine of not less
than One Hundred Thousand Dollars ($100,000.00) and
not more than Two Hundred Fifty Thousand Dollars
($250,000.00);
6. Phencyclidine (PCP):
a. twenty (20) grams or more of a substance containing a
mixture or substance containing a detectable amount of
phencyclidine (PCP) shall be trafficking punishable by
a term of imprisonment in the custody of the
Department of Corrections not to exceed twenty (20)
years and by a fine of not less than Twenty Thousand
Dollars ($20,000.00) and not more than Fifty Thousand
Dollars ($50,000.00), or
b. one hundred fifty (150) grams or more of a substance
containing a mixture or substance containing a
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detectable amount of phencyclidine (PCP) shall be
aggravated trafficking punishable by a term of
imprisonment in the custody of the Department of
Corrections of not less than two (2) years nor more
than life and by a fine of not less than Fifty
Thousand Dollars ($50,000.00) and not more than Two
Hundred Fifty Thousand Dollars ($250,000.00);
7. Methylenedioxy methamphetamine:
a. thirty (30) tablets or ten (10) grams of a mixture or
substance containing a detectable amount of 3,4-
Methylenedioxy methamphetamine shall be trafficking
punishable by a term of imprisonment in the custody of
the Department of Corrections not to exceed twen ty
(20) years and by a fine of not less than Twenty-five
Thousand Dollars ($25,000.00) and not more than One
Hundred Thousand Dollars ($100,000.00), or
b. one hundred (100) tablets or thirty (30) grams of a
mixture or substance containing a detectable amou nt of
3,4-Methylenedioxy methamphetamine shall be deemed
aggravated trafficking punishable by a term of
imprisonment in the custody of the Department of
Corrections of not less than two (2) years nor more
than life by a fine of not less than One Hundred
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Thousand Dollars ($100,000.00) and not more than Five
Hundred Thousand Dollars ($500,000.00);
8. Morphine: One thousand (1,000) grams or more of a mixture
containing a detectable amount of morphine shall be trafficking
punishable by a term of imprisonment in the custody of the
Department of Corrections not to exceed twenty (20) years and by a
fine of not less than One Hundred Thousand Dollars ($100,000.00) and
not more than Five Hundred Thousand Dollars ($500,000.00);
9. Oxycodone: Four hundred (400) gram s or more of a mixture
containing a detectable amount of oxycodone shall be trafficking
punishable by a term of imprisonment in the custody of the
Department of Corrections not to exceed twenty (20) years and by a
fine of not less than One Hundred Thousand Dollars ($100,000.00) and
not more than Five Hundred Thousand Dollars ($500,000.00);
10. Hydrocodone: Three thousand seven hundred fifty (3,750)
grams or more of a mixture containing a detectable amount of
hydrocodone shall be trafficking punishable by a term of
imprisonment in the custody of the Department of Corrections not to
exceed twenty (20) years and by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and not more than Five Hundred
Thousand Dollars ($500,000.00);
11. Benzodiazepine: Five hundred (500) grams or more of a
mixture containing a detectable amount of benzodiazepine shall be
trafficking punishable by a term of imprisonment not to exceed
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twenty (20) years and by a fine of not less than One Hundred
Thousand Dollars ($100 ,000.00) and not more than Five Hundred
Thousand Dollars ($500,000.00); and
12. Fentanyl and its analogs and derivatives:
a. one (1) gram or more of a mixture containing fentanyl
or carfentanil, or any fentanyl analogs or derivatives
shall be trafficking punishable by a term of
imprisonment in the custody of the Department of
Corrections not to exceed twenty (20) years and by a
fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Two Hundred Fifty
Thousand Dollars ($250,000.00 ), or
b. five (5) grams or more of a mixture containing
fentanyl or carfentanil, or any fentanyl analogs or
derivatives shall be aggravated trafficking punishable
by a term of imprisonment in the custody of the
Department of Corrections of not less than tw o (2)
years nor more than life and by a fine of not less
than Two Hundred Fifty Thousand Dollars ($250,000.00)
and not more than Five Hundred Thousand Dollars
($500,000.00).
D. Any person who violates the provisions of this section with
respect to marijuana, cocaine, coca leaves, cocaine base, heroin,
amphetamine or methamphetamine in a quantity specified in paragraphs
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1, 2, 3 and 4 of subsection C of this section shall, in addition to
any fines specified by this section, be punishable by a term of
imprisonment as follows:
1. For trafficking, a first violation of this section, a term
of imprisonment in the custody of the Department of Corrections not
to exceed twenty (20) years;
2. For trafficking, a second violation of this section, a term
of imprisonment in the Department of Corrections of not less than
four (4) years nor more than life, for which the person shall serve
fifty percent (50%) of the sentence before being eligible for parole
consideration;
3. For trafficking, a third or subsequent violation of this
section, a term of imprisonment in the custody of the Department of
Corrections of not less than twenty (20) years nor more than life,
of which the person shall serve fifty percent (50%) of the sentence
before being eligible for parole considerati on.
Persons convicted of trafficking shall not be eligible for
earned credits or any other type of credits which have the effect of
reducing the length of sentence to less than fifty percent (50%) of
the sentence imposed; and
If the person is convicted of aggravated trafficking, the person
shall serve eighty-five percent (85%) of such sentence before being
eligible for parole consideration.
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E. The penalties specified in subsections C and D of this
section are subject to the enhancements enumerated in subse ctions E
and F of Section 2-401 of this title.
F. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title and the assessment pursuant to
Section 2-503.2 of this title.
SECTION 32. AMENDATORY 63 O.S. 2021, Section 2-902, is
amended to read as follows:
Section 2-902. A. Subject to the provisions of this act, the
district attorney may enter into a written agreement with the
defendant pursuant to the provisions of Sections 305.1 through 305.6
of Title 22 of the Oklahoma Statutes to defer prosecution of a
charge for possession of a controlled dangerous substance,
possession of drug paraphernalia or both possession of a controlled
dangerous substance and possession of drug paraphernalia for a
period to be determined by the district attorney, not to exceed
twenty-four (24) months.
B. The defendant shall pay to the district attorney a fee equal
to the amount which would have been assessed as court cos ts upon
filing of the case in district court. Funds received by the
district attorney pursuant to this act shall b e deposited in a
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special fund with the county treasurer to be known as the "Drug
Possession Diversion Program Fund ". This fund shall be used by the
district attorney to defray any lawful expense of the office of the
district attorney. The district attorn ey shall keep records of all
monies deposited to and disbursed from this fund. The records of
the fund shall be audited at the same time the records of county
funds are audited.
C. Unless the agreement between the defendant and the district
attorney provides otherwise, the defendant shall be supervised in
the community by the district attorney or by a private supervision
program pursuant to t he provisions of subsection A of Section 991d
of Title 22 of the Oklahoma Statutes.
SECTION 33. This act shall become effective January 1, 2024.
59-1-7134 MAH 01/16/23