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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1777 By: Williams of the House
and
Thompson (Roger) of the
Senate
COMMITTEE SUBSTITUTE
[ fees and fines - Fines Assessed and Imposed
Reasonably (FAIR) Act - criminal cases - Drug Abuse
Education and Treatment Revolving Fund – repealer -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Fines Assessed
and Imposed Reasonabl y (FAIR) Act".
SECTION 2. AMENDATORY 20 O.S. 2021, Section 1313.2, is
amended to read as follows:
Section 1313.2 A. As used in this section:
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1. "Arrested" means taking custody of another for the purpose
of holding or detaining him or he r to answer a criminal charge;
2. "Convicted" means any final adjudication of guilt, whether
pursuant to a plea of guilty or nolo contendere or otherwise, and
any deferred or suspended sentence or judgment;
3. "Court" means any state or municipal court h aving
jurisdiction to impose a criminal fine or penalty; and
4. "DNA" means Deoxyribonucleic acid.
B. Any person convicted of an offense including traffic
offenses but excluding parking and standing violations, punishable
by a fine of Ten Dollars ($10.00 ) or more or by incarceration or any
person forfeiting bond when charged with such an offense, shall by a
city or county that conducts satellite CLEET academies, may be
ordered by the court to pay Ten Dollars ($10.00) Two Dollars ($2.00)
as a separate fee, whi ch fee shall be in addition to and not in
substitution for any and all fines and penalties otherwise provided
for by law for such offense.
C. 1. Any person convicted of any misdemeanor or felony
offense shall pay a Laboratory Analysis Fee in the amount o f One
Hundred Fifty Dollars ($150.00) for each offense if forensic science
or laboratory services are rendered or administered by the Oklahoma
State Bureau of Investigation (OSBI), by the Toxicology Laboratory
of the Office of the Chief Medical Examiner or by any municipality
or county in connection with the case. This fee shall be in
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addition to and not a substitution for any and all fines and
penalties otherwise provided for by law for this offense.
2. The court clerk shall cause to be deposited the amo unt of
One Hundred Fifty Dollars ($150.00) as collected, for every
conviction as described in this subsection. The court clerk shall
remit the monies in the fund on a monthly basis directly either to:
a. the OSBI who shall deposit the monies into the OSBI
Revolving Fund provided for in Section 150.19a of
Title 74 of the Oklahoma Statutes for services
rendered or administered by the OSBI,
b. the Office of the Chief Medical Examiner who shall
deposit the monies into the Chief Medical Examiner
Revolving Fund provided for in Section 948 of Title 63
of the Oklahoma Statutes for services rendered or
administered by the Office of the Chief Medical
Examiner, or
c. the appropriate municipality or county for services
rendered or administered by a municipality or coun ty.
3. The monies from the Laboratory Analysis Fee Fund deposited
into the OSBI Revolving Fund shall be used for the following:
a. providing criminalistic la boratory services,
b. the purchase and maintenance of equipment for use by
the laboratory in perfo rming analysis,
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c. education, training, and scientific development of
OSBI personnel, and
d. the destruction of seized property and chemicals as
prescribed in Sections 2-505 and 2-508 of Title 63 of
the Oklahoma Statutes.
D. Upon conviction or bond forfei ture, the court shall collect
the fee provided for in subsection B of this section and deposit it
in an account created for that purpose. Except as otherwise
provided in subsection E of this section, monies shall be forwarded
monthly by the court clerk to the Council on Law Enforcement
Education and Training (CLEET). Beginning July 1, 2003, deposits
shall be due on the fifteenth day of each month for the prec eding
calendar month. There shall be a late fee imposed for failure to
make timely deposits; prov ided, 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 accumulating until the late fee reaches
one hundred percent (100%) of the principal amount due. Beginning
on July 1, 1987, ninety percent (90%) of the monies received by
CLEET from the court clerks pursuant to t his section shall be
deposited in the CLEET Fund, and ten percent (10%) shall be
deposited in the General Revenue Fund. Beginning January 1, 2001,
sixty and fifty-three one-hundredths percent (60.53%) of the monies
received by CLEET from the court clerks pursuant to this section
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shall be deposited in the CLEET Fund created pursuant to subsection
G of this section, five and eighty-three one-hundredths percent
(5.83%) shall be deposited in the General Revenue Fund and thirty-
three and sixty-four one-hundredths percent (33.64%) shall be
deposited in the CLEET Training Center Revolving Fund created
pursuant to Section 3311.6 of Title 70 of the Oklahoma Statutes.
Along with the deposits required by this subsection, each court
shall also submit a report stating the total amount of funds
collected and the total number of fees imposed during the preceding
quarter. The report may be made on computerized or manual
disposition reports.
E. Any municipality or county having a basic law enforcement
academy approved by CLEET pursuant to the criteria developed by
CLEET for training law enforcement officers shall reta in 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 training fu nctions. 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 of
this section.
F. 1. Any person entering a plea of guilty or nolo contendere
or is found guilty of the crime of misdemeanor possession of
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marijuana or drug paraphernalia shall be ordered by the court to pay
a five-dollar fee, which shall be in addition to and not in
substitution for any an d 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 subsection . The
court clerk shall remit the monies in the fund on a monthly basis
directly to the Bureau of Narcotics Drug Education Revolving Fund.
G. E. There is hereby created in the State Treasury a fund for
the Council on Law Enforcement Education and Training to be
designated the "CLEET Fund". The fund shall be subject to
legislative appropriation and shall consist of any monies received
from fees and receipts coll ected pursuant to the Oklahoma Open
Records Act, reimbursements for parts used in the repair of weap ons
of law enforcement officers attending the basic academies, gifts,
bequests, contributions, tuition, fees, devises and the assessments
levied pursuant to the fund pursuant to law.
H. F. 1. Any person arrested or convicted of a felony offense
or convicted of a misdemeanor offense of assault and battery,
domestic abuse, stalking, possession of a controlled substance
prohibited under Schedule IV of the Unif orm Controlled Dangerous
Substances Act, outraging public decency, resisting arrest, escaping
or attempting to escape, eluding a police officer, Peeping Tom,
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pointing a firearm, threatening an act of violence, breaking and
entering a dwelling place, destru ction of property, negligent
homicide or causing a personal injury accident while driving under
the influence of any intoxicating substance shall pay a DNA fee of
One Hundred Fifty Dollars ($150.00). This fee shall not be
collected if the person has a val id DNA sample in the OSBI DNA
Offender Database at the time of sentencing.
2. The court clerk shall cause to be deposited the amount of
One Hundred Fifty Dollars ($150.00) as collected for every felony
arrest, felony conviction or every conviction for a m isdemeanor
offense of assault and battery, domestic abuse, stalking, possession
of a controlled subs tance prohibited under the Uniform Controlled
Dangerous Substances Act, outraging public decency, resisting
arrest, escaping or attempting to escape, eludin g 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 personal injury accident while
driving under the influence of any intoxica ting substance as
described in this subsection. 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
Section 150.19a of Title 74 of the Oklahom a Statutes for services
rendered or administered by the OSBI.
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3. The monies from the DNA sample fee deposited into the OSBI
Revolving Fund shall be used for creating, staffing and maintaining
the OSBI DNA Laboratory and OSBI Combined DNA Index System (COD IS)
Database.
I. G. It shall be the responsibility of the court clerk to
account for and ensure the correctness and accuracy of payments made
to the state agencies identified in Sections 1313.2 through 1313.4
of this title. Payments made directly to an a gency by the court
clerk as a result of different types of assessments and fees
pursuant to Sections 1313.2 through 1313.4 of this title shall be
made monthly to each state agency.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 988.9, is
amended to read as follows:
Section 988.9 A. Any offender sentenced to a community
sentence pursuant to the Oklahoma Community Sentenc ing Act which
requires supervision shall be required to pay a supervision fee.
The supervising agency shall establish the fee amount, not to exceed
Forty Dollars ($40.00) per month, based upon t he offender's ability
to pay. In hardship cases the supervis ing agency may expressly
waive all or part of the fee. No supervising agency participating
in a local community sentencing sys tem shall deny any offender
supervision services for the sole reason that the offender is
indigent. Fees collected for supervisi on services performed by the
Department of Corrections shall be paid directly to the Department
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to be deposited in the Departme nt of Corrections Revolving Fund.
Supervision services performed by contracted providers other than
the Department shall be paid directly to that contracted provider.
B. In addition to any supervision fee, eligible Eligible
offenders participating in a l ocal community sentencing system under
a court-ordered community pun ishment shall be required to pay an
administrative fee to sup port the local system which shall not
exceed Twenty Dollars ($20.00) per month to be set by the court.
Administrative fees whe n collected shall be deposited with the
Community Sentencing Divisio n within the Department of Corrections
and credited to the lo cal community sentencing system for support
and expansion of the local community corrections system. In the
event the court fails to order the amount of the administrative fee,
the fee shall be Twenty Dollars ($20.00) per month.
C. B. In addition to any supervision fee and administrative fee
authorized by this section, the court shall assess court costs, and
may assess program r eimbursement costs, restitution, and fines to be
paid by the offender. With the exception of supervision fees, other
fees, costs, fines, restitution, or monetary obligations ordered to
be paid by the offender shall not cease with the termination of
active supervision and such obligations shall continue until fully
paid and may be collected in the same manner as court costs.
SECTION 4. AMENDATORY 22 O.S. 2021, Section 991c, is
amended to read as follows:
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Section 991c. A. Upon a verdict or plea of guilty or upon a
plea of nolo contendere, but before a judgment of guilt, the court
may, without entering a jud gment of guilt and with the consent of
the defendant, defer further proceedings upon the specific
conditions prescribed by the court not to exceed a seven-year
period, except as authorized under subsection B of this section.
The court shall first consider restitution among the various
conditions it may prescribe. The court may also consider ordering
the defendant to:
1. Pay court costs;
2. Pay an assessment in lieu of any fine authorized by law for
the offense;
3. Pay any other assessment or cost autho rized by law;
4. Engage in a term of community service without compensation,
according to a schedule consistent with the employment and family
responsibilities of the defendant;
5. County jail confinement for a period not to exceed ninety
(90) days or the maximum amount of jail time provided for the
offense, if it is less than ninety (90) days;
6. Pay an amount as reimbursement for reasonable attorney fees,
to be paid into the court fund, if a court-appointed attorney has
been provided to the defendant;
7. Be supervised in the community for a period not to exceed
eighteen (18) months, unless a petition alleging violation of any
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condition of deferred judgment is filed during the period of
supervision. As a condition of any supervision, the defendant shall
be required to pay a supervision fee of Forty Dollars ($40.00) per
month. The supervision fee shall be waived in whole or part by the
supervisory agency when the accused is indigent. Any fees collected
by the district attorney pursuant to this paragraph shall be
deposited in the General Revenue Fund of the State Treasury. No
person shall be denied supervision based solely on the inability of
the person to pay a fee;
8. Pay into the court fund a monthly amount not exceeding Forty
Dollars ($40.00) per month during any period during which the
proceedings are deferred when the defendant is not to be supervised
in the community. The total amount to be paid into the court fund
shall be established by the court and shall not exceed the amount of
the maximum fine authorized by law for the offense;
9. Make other reparations to the community or victim as
required and deemed appropriat e by the court;
10. 9. Order any conditions which can be imposed for a
suspended sentence pursuant to paragraph 1 of subsection A of
Section 991a of this title; or
11. 10. Any combination of the above provisions.
However, unless under the supervision of 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
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probation to compensate the district attorney for the costs incurred
during the prosecution of the offe nder 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. The
court shall not waive, suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that
a reduction in the fine, costs and costs of prosecution is
warranted, the court shall equally apply the same percentage
reduction to the fine, costs and costs of prosecution owed by the
offender. Any fees collected by the district attorney pursuant to
this paragraph shall be deposited in the General Revenue Fund of the
State Treasury.
B. When the court has ordered restitution as a condition of
supervision as provided for in subsection A of this section and that
condition has not been satisfied, the court may, at any time prior
to the termination or expiration of the supervision period, order an
extension of supervision for a period not to exceed three (3) years.
C. In addition to any conditions of supervision provided for in
subsection A of this section, the court shall, in the case of a
person before the court for the offense of operating or being in
control of a motor vehicle while the person was un der the influence
of alcohol, other intoxicating substance, or a combination of
alcohol and another intoxicating substance, or who is before the
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court for the offense of operating a motor vehicle while the ability
of the person to operate such vehicle was impaired due to the
consumption of alcohol, require the person to participate in an
alcohol and drug substance abuse evaluation program offered by a
facility or qualified practitioner certified by the Department of
Mental Health and Substance Abuse Service s for the purpose of
evaluating the receptivity to treatment and prognosis of the person.
The court shall order the person to reimburse the facility or
qualified practitioner for the evaluation. The Department of Mental
Health and Substance Abuse Service s shall establish a fee schedule,
based upon the ability of a person to pay, provided the fee for an
evaluation shall not exceed Seventy-five Dollars ($75.00). The
evaluation shall be conducted at a certified facility, the office of
a qualified practition er or at another location as ordered by the
court. The facility or qualified practitioner 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 determination of conditions for deferred sentence. No
person, agency or facility operating an alcohol and drug substance
abuse evaluation program certified by the Department of Mental
Health and Substance Abuse Services shall solicit or refer any
person evaluated pursuant to this subsection for any treatment
program or alcohol and drug substance abuse service in which the
person, agency or facility has a vested interest; however, this
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provision shall not be construed to 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, agency or facility. Any evaluation report
submitted to the court pursuant to this subsection shall be handled
in a manner which will keep the report confidential from review by
the general public. 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 o rder
of the court to obtain the evaluation required by this subsection.
As used in this subsection, "qualified practitioner" means a person
with at least a bachelor's degree in substance abuse treatment,
mental health or a related health care field and at least two (2)
years of experience in providing alcohol abuse treatment, other drug
abuse treatment, or both alcohol and other drug abuse treatment who
is certified each year by the Department of Mental Health and
Substance Abuse Services to provide these assessments. However, any
person who does not meet the requirements for a qualified
practitioner as defined herein, but who has been previously
certified by the Department of Mental Health and Substance Abuse
Services to provide alcohol or drug treatment or assessments, shall
be considered a qualified practitioner provided all education,
experience and certification requirements stated herein are met by
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September 1, 1995. The court may also require the person to
participate in one or both of the following :
1. An alcohol and drug substance abuse course, pursuant to
Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and
2. A victims impact panel program, as defined in subsection H
of Section 991a of this title, if such a program is offered in the
county where the judgment is rendered. The defendant shall be
required 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
victims impact panel program to offset the cost of p articipation by
the defendant, if in the opinion of the court the defendant has the
ability to pay such fee.
D. Upon completion of the conditions of the deferred judgment,
and upon a finding by the court that the conditions have been met
and all fines, fees, and monetary assessments have been paid as
ordered, the defendant shall be discharged without a court judgment
of guilt, and the court shall order the verdict or plea of guilty or
plea of nolo contendere to be expunged from the record and the
charge shall be dismissed with prejudice to any further action. The
procedure to expunge the record of the defendant shall be as
follows:
1. All references to the name of the defendant shall be deleted
from the docket sheet;
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2. The public index of the filing of the charge shall be
expunged by deletion, mark-out or obliteration;
3. Upon expungement, the court clerk shall keep a separate
confidential index of case numbers and names of defendants which
have been obliterated pursuant to the provisions of this sectio n;
4. No information concerning the confidential file shall be
revealed or released, except upon written order of a judge of the
district court or upon written request by the named defendant to the
court clerk for the purpose of updating the criminal hist ory record
of the defendant with the Oklahoma State Bureau of Investigation;
and
5. Defendants qualifying under Section 18 of this title may
petition the court to have the filing of the indictment and the
dismissal expunged from the public index and docke t sheet. This
section shall not be mutually exclusive of Section 18 of this title.
Records expunged pursuant to this subsection shall be sealed to
the public but not to law enforcement agencies for law enforcement
purposes. Records expunged pursuant to t his subsection shall be
admissible in any subsequent criminal prosecution to prove the
existence of a prior conviction or prior deferred judgment without
the necessity of a court order requesting the unsealing of such
records.
E. The provisions of subsect ion D of this section shall be
retroactive.
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F. Whenever a judgment has been deferred by the court according
to the provisions of this section, deferred judgment may not be
accelerated for any technical violation unless a petition setting
forth the grounds for such acceleration is filed by the district
attorney with the clerk of the sentencing court and competent
evidence justifying the acceleration of the judgment is presented to
the court at a hearing to be held for that purpose. The hearing
shall be held not more than twenty (20) days after the entry of the
plea of not guilty to the petition, unless waived by both the state
and the defendant. Any acceleration of a deferred sentence based on
a technical violation shall not exceed ninety (90) days for a f irst
acceleration or five (5) years for a second or subsequent
acceleration.
G. Upon any violation of the deferred judgment, other than a
technical violation, the court may enter a judgment of guilt and
proceed as provided in Section 991a of this title or may modify any
condition imposed. Provided, however, if the deferred judgment is
for a felony offense, and the defendant commits another felony
offense, the defendant shall not be allowed bail pending appeal.
H. The deferred judgment procedure described in this section
shall apply only to defendants who have not been previously
convicted of a felony offense and have not received more than one
deferred judgment for a felony offense within the ten (10) years
previous to the commission of the pending offens e.
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Provided, the court may waive this prohibition upon written
application of the district attorney. Both the application and the
waiver shall be made a part of the record of the case.
I. The deferred judgment procedure described in this section
shall not apply to defendants found guilty or who plead guilty or
nolo contendere to a sex offense required by law to register
pursuant to the Sex Offenders Registration Act.
J. All defendants who are supervised pursuant to this section
shall be subject to the sa nction process as established in
subsection D of Section 991b of this title.
K. Notwithstanding the provisions of subsections F and G of
this section, a person who is being considered for an acceleration
of a deferred judgment for an offense where the pen alty has
subsequently been lowered to a misdemeanor shall only be subject to
a judgment and sentence that would have been applicable had he or
she committed the offense after July 1, 2017.
SECTION 5. AMENDATORY 22 O.S. 2021, Section 991d, is
amended to read as follows:
Section 991d. A. 1. When the court order s supervision by the
Department of Corrections, or the district attorney requires the
Department to supervise any person pursuant to a deferred
prosecution agreement, the pers on shall be required to pay a
supervision fee of Forty Dolla rs ($40.00) per month during the
supervision period, unless the fee w ould impose an unnecessary
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hardship on the person. In hardship cases, the Department shall
expressly waive all or part of the fee. The court shall make
payment of the fee a condition of the sentence which s hall be
imposed whether the supervision is incid ent to the suspending of
execution of a sentence, incident to the suspending of imposition of
a sentence, or incident to the de ferral of proceedings after a
verdict or plea of guilty. Th e Department shall de termine methods
for payment of supervision fee, and may charge a reasonable user fee
for collection of supervision fees electronically. The Department
is required to report t o the sentencing court any failure of the
person to pay supervision fees and to r eport immediately if the
person violates any con dition of the sentence.
2. When the court imposes a suspended or deferred sentence for
any offense and does not order supervis ion by the Department of
Corrections, the offender shall be required to pay to th e district
attorney a supervision fee of Forty D ollars ($40.00) per month as a
fee to compensate the district attorney for the actual act of
supervising the offender during th e applicable period of
supervision. In hardship cases, the district attorney sha ll
expressly waive all or part of the fee. Any fees collected by the
district attorney pursuant to this paragraph shall be deposited in
the General Revenue Fund of the State Treasury.
3. If restitution is ordered by the court in conjunction with
supervision, the supervision fee will be paid in additio n to the
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restitution ordered. In addition to the restitution payment and
supervision fee, a reasonable user fee may be charged by the
Department of Corrections to cover the expenses of a dministration of
the restitution, except no user fee shall be collect ed by the
Department when restitution payment is collected and disbursed to
the victim by the office of the district attorney a s provided in
Section 991f of this title or Section 991f-1.1 of this title.
B. The Pardon and Parole Board shall require a super vision fee
to be paid by the parolee as a condition of parole which shall be
paid to the Department of Corrections. The Depart ment shall
determine the amount of the fee as provided for o ther persons under
supervision by the Department.
C. Upon acceptance of an offender by the Department of
Corrections whose probation or parole supervision was transferred to
Oklahoma through the Interstate Compact Agreement, or upon the
assignment of an inmate to any communit y placement, a fee shall be
required to be paid by the offender to the Department of Corrections
as provided for other persons under supervision of the Department.
D. Except as provided in subsection A and this subsection, all
fees collected pursuant to t his section shall be deposited in the
Department of Corrections Revolving Fund created pursuant to Section
557 of Title 57 of the Oklahoma Statutes. For the fiscal year
ending June 30, 1996, fifty percent (50%) of all collections
received from offenders p laced on supervision after July 1, 1995,
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shall be transferred to the credit of the General Revenue Fund of
the State Treasury until such time as total transfers equal Three
Million Three Hundred Thousand Dollars ($3,300,000.00).
SECTION 6. 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 follows :
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 i s
deferred, the following flat charges and no more, except for
standing and parking violations and for charges otherwise provided
for by law, which fee shall cover doc keting of the case, filing of
all papers, issuance of process, warrants, orders, and othe r
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 with others...............$77.00
2. For each defendant convicted of a
misdemeanor traffic violation other than
an offense provided for in paragraph 1
or 5 of this subsection, whether charged
individually or conjointly with others...............$98.00
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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 under the
influence of alcohol or other
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, whether charged
individually or conjointly 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, warrant,
order, process, command, or notic e 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 assessed and credited to the Law Library Fund
pursuant to Section 1201 e t seq. of Title 20 of the Oklahoma
Statutes.
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C. In addition to the amount collected pursuant to subsection 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 alcohol 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 collected
in every misdemeanor case for each offense for driving under the
influence of alcohol or other intoxicating substance; 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 alcohol 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 Oklahoma 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 subsecti on 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 courthouse
security.
F. In addition to the amounts collected pursuant to paragraphs
1 through 6 of subsection A of this section, 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 amou nts collected pursuant to 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 Account . This fee shall not be used for purposes
of hiring or employing any law enforcement officers.
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 unde r the influence of alcohol or other
intoxicating substance and credited to the Oklahoma Impaired Driver
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 not be
required to pay, advance, or post security for the issuance or
service of process to obtain compulsory attendance of witnesses.
J. G. The amounts to be assessed as court costs upon filing of
a case shall be those am ounts above-stated in paragraph 3 or 4 of
subsection A and subsections B, C, D and E of thi s section.
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K. H. 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 misdemeanor 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 co llected,
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 dis trict 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 par agraph 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 prosecutio n; and
5. 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 deposited in the Trauma Care Ass istance Revolving Fund, created
pursuant to the 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, and
d. One Hundred Dollars ($100.00) of the Four -Hundred-
Thirty-three-Dollar fee provided for in par agraph 6 of
subsection A of this section.
L. I. 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 otherw ise, and any deferred judgm ent or suspended
sentence.
M. J. A court clerk may accept in payment for any fee, fine,
forfeiture payment, cost, penalty assessment 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 title.
N. K. Upon receipt of payment of fines and c osts for offenses
charged prior to July 1, 1992, the court clerk shall ap portion and
pay Thirteen Dollars ($13.00) pe r conviction to the court fund.
SECTION 7. AMENDATORY 29 O.S. 2021, Section 9-114, is
amended to read as follows:
Section 9-114. A. 1. In addition to any other penalties
provided for in the Wildl ife Bail Procedure Act or any other
applicable law, when a person fails to comply with a wildlife
citation or a sentence for a violation of wildlife laws or rules,
the district court which has jurisdiction of the citation or which
issued the sentence shall mail a notice to the person informing them
that if they do not appear in the district court or pay all fines,
court costs, assessments or fees, and any penalties imposed within
thirty (30) days from the date of mailing, the Oklahoma Department
of Wildlife Conservation shall be notified to begin procedures to
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forfeit or suspend any license, permit, stamp or other issue of the
Department held by the person.
2. Upon receipt of a report from a district court of a failure
to comply with a wildlife citation or sentence as set forth in
paragraph 1 of this subsection the Department shall suspend or
forfeit the license, permit, stamp or other issue of the Department
held by the person until satisfactory evidence of compliance with
the wildlife citation or sentence of the district court is furnished
to the Department by the district court. Upon receipt of
notification of compliance from the district court, the Department
shall terminate the suspension action, unless the suspension is
otherwise required.
B. Except as provided for in subsection C of this section, when
the district court notifies the Department of Wildlife Conservation
of a failure to comply with a wildlife citation or failure to comply
with a sentence of the district, the court shall assess a
reinstatement fee of Fifty Dollars ($50.00) for each charge or
sentence on which the person failed to make satisfaction, regardless
of the disposition of the charge for which the citation was
originally issued. The reinstatement fee shall be in addition to
any fine, court costs and other assessments, fees or penalties. The
district court shall remit all reinstatement fees to the Department
in accordance with the provisions of state law. The Department
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shall deposit the entire amount of each reinstatement fee in the
Wildlife General Fund.
C. The district court shall waive the reinstatement fee
provided for in subsection B of this section if the failure to
comply with a wildlife citation was the result of the person
enlisting in or being drafted into the armed se rvices of the United
States of America, being called into service as a member of a
reserve component of the military service of the United States of
America, volunteering for active duty or being called in to service
as a member of the Oklahoma National Guard or volunteering for
active duty and being absent from Oklahoma because of military
service.
D. A person whose privileges have been suspended as provided
for in this section and who hunts, traps or fish es in this state,
who applies for or purchases any license or permit to hunt, trap, or
fish in this state, or who refuses to surrender any current hunting,
trapping or fishing licenses as required pursuant to this section
shall be deemed guilty of a misdemeanor and shall be fined not less
than One Hundred Dollars ($100.00) or more than Five Hund red Dollars
($500.00).
SECTION 8. AMENDATORY 63 O.S. 2021, Section 2-401, is
amended to read as follows:
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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 dangerou s substance or to solicit the use of
or use the services of a person less than eighteen (18 ) years of age
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 United Sta tes 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 for
marijuana, upon conviction, shall be guilty of transporting or
possessing with an intent to distribute a controlled dangerous
substance, a felony, and shall be sentenc ed to 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
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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 imprisonment i n
the custody of the Department of Corrections for not more than
fourteen (14) years. A th ird 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 twenty (20) years;
2. Any other controlled dangerous subs tance 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 Twenty 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 term of imprisonment
in the custody of the Department of Corrections for not more than
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 custod y of the Department of Corrections for
not more than fifteen (15) years; or
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3. An imitation controlled substance as defined by Section 2-
101 of this title, upon con viction, shall be guilty of a misdemeanor
and shall be sentenced to a term of imprisonment in the 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 term of imprisonment in the
custody of the Department of Corrections for not more than two (2)
years and a fine of not more than Five Thousand Dollars ($5,000.00),
which shall be in addition to other punishment provided by law and
shall not be imposed in lieu 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 controlled 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 o f Corrections 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 puni shment provided by law and shall not be
imposed in lieu of other punishment.
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3. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respect to distributing a
controlled substance is a felony punishable by impriso nment 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 the custody of
the Department of Corrections for a term not less than ten (10)
years nor more than life.
4. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is guilty o f a felony and shall be punished by
imprisonment in the custody of the Department of Correc tions 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 p rovided by law and shall not be
imposed in lieu of other punishment.
5. A second convictio n for the violation of the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is a felony punishable by imprisonment i n 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 the cus tody of
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the Department of Corrections for a term not less than ten (10)
years nor more than life.
D. Convictions for violations of the provisions of this section
shall be subject to the statutory provisions for suspended or
deferred sentences, or probatio n as provided in Section 991a of
Title 22 of the Oklahoma Statutes.
E. Any person who is a t least 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 (18) yea rs of age
to distribute, dispense, transport with intent to distribute or
dispense or cultivate a controlled dangerous substance or by
distributing a controlled dangerous substance to a person under
eighteen (18) years of age, or in the presence of a perso n under
twelve (12) years of age, is punishable by:
1. For a first violation of this secti on, 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 th is 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 subsequent violation of this section, a term
of imprisonment in the custody of the De partment of Corrections for
not less than ten (10) years nor more than life.
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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 controlled 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 private col lege or university,
or other institution of higher education, recreation center or
public park, including state parks and recreation areas, public
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 De partment of Corrections, or
by the imposition of a fine or by both, not exceeding thrice 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 statutory 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
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or attempt to manufacture any controlled da ngerous substance or
possess any substance listed in Section 2-322 of this title or any
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 o f optical isomers, hydriodic acid,
sodium metal, lithium metal, anhydrous ammonia, phosphorus, or
organic solvents with the intent to use that substance to
manufacture a controlled dangerous substance.
2. Any person violating the provisions of this subsec tion with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance, or possessing any
substance listed in thi s subsection or Section 2-322 of this title,
upon conviction, is guilty of a felony and sha ll be 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 punishment. The possession of
any amount of anhydrous ammonia in an unauthorized container 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 subs ection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance in the following
amounts:
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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 cocaine, ecgonine, and
derivatives of ecgonine or their salts have been
removed,
(2) cocaine, its salts, optical and geometric
isomers, and salts of isomers,
(3) ecgonine, its derivatives, their salts, isomers,
and salts of isomers, or
(4) any compound, mixture, o r 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 substance
described in division (2) of subparagraph b of this
paragraph which cont ains 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),
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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 mixtur e 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 containing a
detectable amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamid e,
g. one thousand (1,000) kilograms or more of a mixture or
substance containing a detectable 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 impos ed in lieu of
other punishment. Any person convicted of a violation of the
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provisions of this paragraph shall be required to serve a minimum of
eighty-five percent (85%) of the sentence received prior to becoming
eligible for state correctional earned cre dits towards the
completion of the sentence or eligible for parole.
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, d eferred
sentences, or probation. A person convicted of a second or
subsequent violation of the provisions of paragraph 3 of this
subsection shall be punished as a habitual 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 eligible for state correctional
earned credits or eligibility for parole.
5. Any person who has been convicted of manufacturing or
attempting to manufactu re methamphetamine pursuant to the provisions
of this subsection and who, after such conviction, purchases or
attempts to purchase, receive or otherwise acquire any product,
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 the Department
of Corrections for a term in the range of twice the minimum term
provided for in paragraph 2 of this subsection.
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H. Any person convicte d of any offense described in the Uniform
Controlled Dangerous Substances Act may, in addition to the fine
imposed, be assessed an amount not to exceed ten percent (10%) 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 addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollar s ($100.00) to be
deposited into the Trauma Care Assistance Revolving 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 multifamily housing project by any housing authority,
nonprofit corporation or municipal developer or housing projects
created pursuant to the Oklahoma Housing Authorities Act.
K. When a person is found guilty of a violation of the
provisions of this sect ion, 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
Revolving Fund created in Section 2-503.2 of this title, upon
collection.
L. J. Any person convicted of a second or subsequent felony
violation of the provisions of this section, except for paragraphs 1
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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 9. AMENDATORY 63 O.S. 2021, Section 2 -402, as
last amended by Section 1, Chapter 220, O.S.L. 2016, 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
substance unless such substance was obta ined directly, or pursuant
to a valid prescription or order from a practitioner, while acting
in the course of his or her professional practice, or except as
otherwise authorized by this act.
2. It shall be unlawful for any person 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 pe rson or business to sell,
market, advertise or label any product containing ephedrine, its
salts, optical isomers, or salts of optical isomers, for the
indication of stimulat ion, mental alertness, weight loss, appetite
control, muscle development, energy o r other indication which is not
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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, the
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 p oint of
sale.
B. Any person who violates this section with respect to:
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 mo re than
five (5) years and by a fine not exceeding Five 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 Schedule I or
II substance, except marijuana or a sub stance included in subsection
D of Section 2-206 of this title, is a felony punish able by
imprisonment for not less than four (4) years nor more than fifteen
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(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 ($1,000.0 0);
3. 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 o f the Uniform Controlled
Dangerous Substances Act and who, during the period of an y 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 conv iction, 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); or
4. 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 and who, ten (10) or more years following
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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 provis ion of this section by
possessing or purchasing a controlled dangerous substance f rom any
person, in or on, or within one thousand (1,000) feet of the real
property comprising a public or private elementary or secondary
school, public vocational school, pu blic or private college or
university, or other institution of higher education, r ecreation
center or public park, including state parks and recreation areas,
or in the presence of any child under twelve (12) years of age,
shall be guilty of a felony and p unished by:
1. For a first offense, a term of imprisonment, 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 the sentence; or
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2. For a second or subsequent offense, a term of imprisonment
not exceeding three times that authorized b y the appropriate
provision of this section and the person shall serve a minimum o f
ninety percent (90%) of the sentence received prior to becoming
eligible for state correctional institution earned credits toward
the completion of said the sentence, and imposition of a fine not
exceeding Ten Thousand Dollars ($10,000.00).
D. 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.
SECTION 10. AMENDATORY 63 O.S. 2021, Section 2-404, is
amended to read as follows:
Section 2-404. A. It shall be unlawful for any person:
1. Who is subject to the requirements of Article III of this
act Section 2-301 et seq. of this title to distribute or dispense a
controlled dangerous substance in violation of Section 2-308 of this
title;
2. Who is a registrant to manufacture, di stribute, or dispense
a controlled dangerous substance not authorized by his regi stration
to another registrant or other authorized person;
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3. To omit, remove, alter, or obliterate a symbol required by
the Federal Controlled Substances Act or this act Section 2-101 et
seq. of this title;
4. To refuse or fail to make, keep , or furnish any record,
notification, order form, statement, invoice, or information
required under this act Section 2-101 et seq. of this title;
5. To refuse any entry into any premises or inspection
authorized by this act Section 2-101 et seq. of this title ; 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 dang erous
substances in violation of this act Section 2-101 et seq. of this
title for the purpose of using such substances, or which is used for
the keeping or selling of the same in violation of this act Section
2-101 et seq. of this title.
B. Any person who violates this section is punishable by a
civil fine of not more than One Thousand Dollars ($1,000.00);
provided, that, if the violation is prosecuted by an information or
indictment which alleges that the violation was committed knowingly
or intentionally, and the trier of fact specifically finds that the
violation was committed knowingly or i ntentionally, such person is
guilty of a felony punishable by imprisonment for not more than five
(5) years, and a fine of not more than Ten Thousand Dollars
($10,000.00), except that if such person is a corporation it shall
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be subject to a civil penalty of not more than One Hundred Thousand
Dollars ($100,000.00). The fine provided for in this subsection
shall be in addition to other punishments provided by law and sh all
not be in lieu of other punishment.
C. Any person convicted of a second or subsequent violation of
this section is punishable by a term of imprisonment twice that
otherwise authorized and by twice the fine otherwise authorized.
The fine provided for in this subsection shall be in addition to
other punishments provided by law and shall not be in lieu of other
punishment.
D. 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 Assist ance Revolving Fund created in
Section 1-2522 of this title.
SECTION 11. AMENDATORY 63 O.S. 2021, Section 2-405, is
amended to read as follow s:
Section 2-405. A. No person shall use tincture of opium,
tincture of opium camphorate d, or any derivative thereof, by the
hypodermic method, either with or without a medical prescription
therefor.
B. No person shall use drug paraphernalia to plant, p ropagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain,
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conceal, inject, ingest, inhale or otherwise introduce into the
human body a controlled dangerous substance in viola tion of the
Uniform Controlled Dangerous Substances Act, except those persons
holding an unrevoked license in the professions of podiatry,
dentistry, medicine, nursing, optometry, osteopathy, veterinary
medicine or pharmacy.
C. No person shall deliver, se ll, possess or manufacture drug
paraphernalia knowing, or under circumstances where one re asonably
should know, that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process,
prepare, test, analyze, pa ck, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce into th e 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 v iolates
subsection C of this section by delivering or selling drug
paraphernalia to a pers on under eighteen (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 convi ction, be guilty of a misdemeanor
punishable as follows:
1. For a first offens e the person shall be punished by
imprisonment in the county jail for not more than one (1) year or by
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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 subsequent 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 imprisonment.
F. Any person convicted of any o ffense 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 12. AMENDATORY 63 O.S. 2021, Section 2 -406, is
amended to read as follows:
Section 2-406. A. It shall be unlawful for any registrant
knowingly or intentionally:
1. To distribute, other than by dispensing or as otherwise
authorized by this act Section 2-101 et seq. of this title, a
controlled dangerous s ubstance classified in Schedules I or II, in
the course of his legitimate business, except pursuant to an order
form as required by Section 2-308 of this title;
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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 dangerous
substance by misrepresentation, fraud, forgery, deception or
subterfuge;
4. To furnish false or fraud ulent material information in, or
omit any material information from, any application, report, or
other document required to be kept or filed under this act Section
2-101 et seq. of this title, or any record required to be kept by
this act Section 2-101 et seq. of this title; and
5. To make, distribute, or possess any punch, die, plate,
stone, or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or device
of another or any li keness of any of the foregoing upon any drug or
container or labeling thereof so as to render such drug a
counterfeit controlled dangerous substance.
B. Any person who violat es this section is guilty of a felony
punishable by imprisonment for not more tha n twenty (20) years or a
fine of not more than Two Hundred Fifty Thousand Dollars
($250,000.00), or both.
C. Any person convicted of a second or subsequent violation of
this section is punishable by a term of imprisonment twice that
otherwise authorized a nd by twice the fine otherwise authorized.
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Convictions for second or subsequent violations of this section
shall not be subject to statutory provisions for suspended
sentences, deferred sentences, or probation.
D. Any person convicted of any offense desc ribed 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 Ass istance Revolving Fund created in
Section 1-2522 of this title.
SECTION 13. 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 obtain
any preparation excepted fr om the provisions of the Uniform
Controlled Dangerous Substances Act purs uant to Section 2-313 of
this title in a manner inconsistent with the provisions of paragraph
1 of subsection B of Section 2-313 of this title, or a controlled
dangerous substance or procure or attempt to procure the
administration of a controlled dangerou s substance:
1. By fraud, deceit, misrepresentation, or subterfuge;
2. By the forgery of, alteration of, adding any information to
or changing any information on a prescription or o f 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
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5. By knowingly failing to disclose the receipt of a controlled
dangerous substance or a prescription for a controlled dang erous
substance of the same or similar therapeutic use from another
practitioner within the previous thirty (30) days.
B. Except as authorized by this act Section 2-101 et seq. of
this title, a person shall not manufacture, create, deliver, or
possess with intent 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 authorized agent of the practitioner.
C. Information communicated to a physi cian 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
fine of not more than Ten Thousand 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 Thousand Dollars ($20,000.00), or by both such
fine and imprisonment.
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E. Convictions for second or subsequent violations of this
section shall not be subject to statuto ry provisions for suspended
sentences, deferred sentences, or probation.
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.
SECTION 14. 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 w hich contains ethylchloride, butyl
nitrite, isobutyl nitrite, secondary but yl nitrite, tertiary butyl
nitrite, amyl nitrite, isopropyl nitrite, isopentyl nitrite, or
mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl
nitrite, tertiary but yl nitrite, amyl nitrite, isopropyl nitrite,
isopentyl nitrite, or any of t heir 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 sect ion for the
purpose of inducing or aiding any other person to inhale or ing est
such substance or otherwise violate the provisions of this section.
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C. The provisions of subsections A and B of this section shall
not apply to:
1. The possession and use of a substance specified in
subsection A of this section which is used as part of the care or
treatment by a licensed physician of a disease, condition or injury
or pursuant to a prescription of a licensed physician; and
2. The possession of a substance speci fied in subsection A of
this section which is used as part of a known manuf acturing process
or industrial operation when the possessor has obtained a permit
from the State Department of Health.
D. The State Board of Health shall promulgate rules and
regulations establishing procedures for the application, form and
issuance of a permit to legitimate manufacturing and industrial
applicants as provided for in subsection C of this section.
E. Any person convicted of violating any provision of
subsection A or B of this section shall be guilty of a misdemeanor
punishable by imprisonme nt in the county jail not to exceed ninety
(90) days or by the imposition of a fine not to exceed Five Hundred
Dollars ($500.00), or by both such imprisonment 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
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deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 of this title.
SECTION 15. 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 appl y to persons convicted of violations with
respect to the following su bstances:
1. Marijuana;
2. Cocaine or coca leaves;
3. Heroin;
4. Amphetamine or methamphetamine;
5. Lysergic acid diethylamide (LSD);
6. Phencyclidine (PCP);
7. Cocaine base, commonly known as "crack" or "rock";
8. 3,4-Methylenedioxy methamphetamine, commonly known as
"ecstasy" or MDMA;
9. Morphine;
10. Oxycodone;
11. Hydrocodone;
12. Benzodiazepine; or
13. Fentanyl and its analogs and derivatives.
B. Except as otherwise auth orized by the Uniform Controlled
Dangerous Substances Act, it shall b e unlawful for any person to:
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1. Knowingly distribute, manufacture, bring into this state or
possess a controlled substance specified in subsection A of this
section in the quantities sp ecified in subsection C of this section;
2. Possess any controlled s ubstance 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 use 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 con trolled 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 sub stance.
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 appropri ate for
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:
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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 than One Hundred Thousand
Dollars ($100,000.00),
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 Dolla rs
($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00), or
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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 Dolla rs ($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 sh all 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);
4. Amphetamine or methamphetamine:
a. twenty (20) grams or more of a mixture or substanc e
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)
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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 detecta ble 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 Hundre d 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 cu stody of the
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
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b. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD) sha ll 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 Thousa nd
Dollars ($50,000.00), or
b. one hundred fifty (150) grams or more of a substance
containing a mixture or substance containing a
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 m ore
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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 tw enty
(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 am ount 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
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 imprisonmen t in the custody of the
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Department of Corrections not to exceed twent y (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) gr ams 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 Thousa nd Dollars ($100,000.00) and
not more than Five Hundred Thousand Doll ars ($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 b y a term of
imprisonment in the custody of the Department of Correcti ons 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 de tectable amount of benzodiazepine shall be
trafficking punishable by a term of imprisonment not to exceed
twenty (20) years and by a fine of not less than One Hundred
Thousand Dollars ($1 00,000.00) and not more than Five Hundred
Thousand Dollars ($500,000. 00); and
12. Fentanyl and its analogs and derivatives:
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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 Departme nt 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 two (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
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:
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1. For trafficking, a first violation of this se ction, 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 custody of 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 subseq uent violation of this
section, a term of imprisonment in the custody of the Dep artment 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 paro le consideration.
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.
E. The penalties specified in subsections C and D of this
section are subject to the enhancements enume rated in subsections E
and F of Section 2-401 of this title.
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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 16. REPEALER 19 O.S. 2021, Section 339.7, is
hereby repealed.
SECTION 17. REPEALER 20 O.S. 2021, Sections 1313.3 and
1313.4, are hereby repealed.
SECTION 18. REPEALER 63 O.S. 2021, Section 2-503.2, is
hereby repealed.
SECTION 19. This act shall become effective Janua ry 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
03/06/2023 - DO PASS, As Amended.