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ENGROSSED SENATE
BILL NO. 136 By: Thompson (Roger) and Boren
of the Senate
and
Ford of the House
An Act relating to fees; amending 28 O.S. 2021,
Section 153, as amended by Section 2, Chapter 237,
O.S.L. 2022 (28 O.S. Supp. 2022, Section 153), which
relates to costs in criminal cases; increasing
sheriff’s fee for certain service; providing an
effective date; and declaring an emergenc y.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. 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 c ase for each offense of which the defendant
is convicted, irrespect ive of whether or not the sentence is
deferred, the following flat char ges and no more, except for
standing and parking violations and for charges otherwise provided
for by law, which fee s hall cover docketing of the case, filing of
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all papers, issuance of process, warrants, orders, and other
services to the date of judgment:
1. For each defendant convicted of
exceeding the speed limit by a t least
one (1) mile per hour but not more than
ten (10) miles per hour, whether charged
individually or conjointly wi th others...............$77.00
2. For each defendant convic ted 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
3. For each defendant convicted o f a
misdemeanor, other than for driving
under the influence of alcohol or other
intoxicating substance or an offense
provided for in parag raph 1 or 2 of this
subsection, whether charged ind ividually
or conjointly with others............................ $93.00
4. For each defendant c onvicted of a
felony, other than for driving u nder the
influence of alcohol or other
intoxicating substance, whether charged
individually or conjointly with others ..............$103.00
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5. For each defendant convicted of the
misdemeanor of driving under the
influence of alcohol or other
intoxicating substance, whe ther 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
7. For the services of a court repo rter 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, warran t,
order, process, command, or notice or
pursuing any fugitive from jus tice
a. within the county.............. $50.00 ($150.00), or
mileage as
established by the
Oklahoma Statutes,
whichever is
greater, or
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b. outside of the county.......... $50.00 ($150.00), 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 a nd credited to the Law Library Fund
pursuant to Section 1201 e t seq. of Title 20 of the Oklahoma
Statutes.
C. In addition to the amount c ollected 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 alcohol or other
intoxicating substance; the sum of T hirty Dollars ($30.00) shall be
assessed and collected in every misdemeanor case for each of fense;
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 o ther intoxicating subst ance; the sum of
Fifty Dollars ($50.00) shall be assessed and collect ed 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 un der the influence of al cohol or other
intoxicating substance.
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D. In addition to the amounts collected pursuant to sub sections
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 a mount 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
purpose of enhancing existing or providing additional courthouse
security.
F. In addition to the amounts 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 amou nts collected pursuant to paragraphs
1 through 6 of subsection A of this sec tion, 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 pursua nt to paragraphs 5
and 6 of subsection A of this section, the sum of Fifteen Dollars
($15.00) shall be assessed in eve ry misdemeanor or felony case for
each offense of driving unde r the influence of alcohol or other
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intoxicating substance and credited to t he Oklahoma Impaired Dr iver
Database Revolving Fund created pursuant to Section 11-902d of Title
47 of the Oklahoma St atutes.
I. Prior to conviction, parties in criminal cases shall not be
required to pay, advance, or post securit y for the issuance or
service of process to obtain compu lsory attendance of witnesses.
J. The amounts to be assessed as court costs upon filing of a
case shall be those amounts above-stated in paragraph 3 or 4 of
subsection A and subsection s B, C, D and E of this section.
K. The fees collected pursuant to this section shall be
deposited into the court fund, except the following :
1. A court clerk issuing a misdemeanor warrant is entitled to
ten percent (10%) of the sheriff’s service fee, provided for in
paragraph 9 of subsection A of this sec tion, collected on a warrant
referred to the contractor for the misdemeanor warrant noti fication
program governed by Sections 514.4 and 514.5 of Title 19 of the
Oklahoma Statutes. This ten-percent sum shall be deposited into the
issuing Court Clerk’s Revolving Fund, created pursuant to Section
220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing
the warrant with the balance 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,
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shall be deposited in i ts entirety into the Sheriff ’s Service Fee
Account of the sheriff in the 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 collect ed by
the court clerk, shall be transferred to the district attorney’s
office in the county where witness attendance was required. Fees
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 this 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,
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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. As used in this section, “convicted” means any final
adjudication of guilt, whether pursuant to a plea of guilty or nolo
contendere or otherw ise, and any deferred judgment or suspended
sentence.
M. A court clerk may accept in payment for any fee, fine,
forfeiture payment, cost, penalty assessm ent or other charge or
collection to be assessed or c ollected by a court clerk pursuant to
this section a nationally recognized 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. Upon receipt of payment of fines and cos ts for offenses
charged prior to July 1, 1992, the court clerk shall apportion and
pay Thirteen Dollars ($13.00) per conviction to the court fund.
SECTION 2. This act shall become effective July 1, 2023.
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SECTION 3. It being immediatel y necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
Passed the Senate the 13th day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives