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Oklahoma House Bill HB1777

Oklahoma 2024 Regular Session

Oklahoma House Bill HB1777 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 1777 By: Williams of the House
3+HB1777 HFLR Page 1
4+BOLD FACE denotes Committee Amendments.
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30+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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32+STATE OF OKLAHOMA
33+
34+1st Session of the 59th Legislature (2023)
35+
36+COMMITTEE SUBSTITUTE
37+FOR
38+HOUSE BILL NO. 1777 By: Williams of the House
3039
3140 and
3241
3342 Thompson (Roger) of the
3443 Senate
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39-
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41-
42-[ court funds - fee amount - District Court Revolving
43-Fund - effective date –
44- emergency ]
48+COMMITTEE SUBSTITUTE
49+
50+[ fees and fines - Fines Assessed and Imposed
51+Reasonably (FAIR) Act - criminal cases - Drug Abuse
52+Education and Treatment Revolving Fund – repealer -
53+effective date ]
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4958 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
50-SECTION 1. AMENDATORY 19 O.S. 2021, Section 220, is
59+SECTION 1. NEW LAW A new section of law not to be
60+codified in the Oklahoma Statutes reads as follows:
61+This act shall be known and may be cited as the "Fines Assessed
62+and Imposed Reasonabl y (FAIR) Act".
63+SECTION 2. AMENDATORY 20 O.S. 2021, Section 1313.2, is
5164 amended to read as follows:
52-Section 220. A. Beginning July 1, 1991, there is hereby
53-created with the county treasurer of each county within this state a
54-depository revolving fund to be designated the "C ourt Clerk's
55-Revolving Fund". The fund shall be a continuing fund, not subject
56-to fiscal year limitations, and shall consist of all monies rece ived
57-as grants from the federal government and any other monies
58-designated by law for deposit into the fund. Al l monies accruing to
59-the credit of the fund shall be expended by the court clerk for the
60-lawful operation of the court clerk's office. Claims a gainst the
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87-fund shall include only expenses incurred for the operation of the
88-court clerk's office in each count y, and payment may be made after
89-the claim is approved by the court clerk and either the district or
90-the associate district judge of that county . The monies shall be
91-reported quarterly to the Administrator of the C ourts. The
92-necessary forms and procedure s shall be developed and implemented by
93-the Administrative Director of the Courts.
94-B. There shall be no monies, other than federal funds,
95-deposited into the fund created herein, unless expressly authorized
96-by the Legislature.
97-C. Notwithstanding any other provision of law, the court clerk
98-shall assess an administrative fee of ten percent (10%) on all fees
99-collected by the court clerk for agencies other than the court and
100-not deposited into the court fund. The admin istrative fee shall not
101-attach to the sheriff's service fees provided for in Sections 153
102-and 153.2 of Title 28 of the Oklahoma Statutes, monies deposited
103-into the Law Library Fund, wit ness fees paid by the district
104-attorney pursuant to the provisions of S ection 82 of Title 28 of the
105-Oklahoma Statutes, and dispute resolution fees provided for in
106-Section 1809 of Title 12 of the Oklahoma Statutes. The
107-administrative fees shall be deposite d in the Court Clerk's
108-Revolving Fund.
109-D. Effective July 1, 2016, in a ddition to the amount collected
110-in subsection C of this section, the court clerk shall assess an
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137-administrative fee of fifteen percent (15%) on all fees collected by
138-the court clerk for agencies other than the court and not deposited
139-into the court fund.
140-E. There is hereby created in the State T reasury a revolving
141-fund to be allocated by the Supreme Court for the administration of
142-the district courts designated as the "District Court Re volving
143-Fund". The fund shall be a continuing fund, not subject to fis cal
144-year limitations, and shall consist o f all monies collected pursuant
145-to subsection D of this section. All monies accruing to the credit
146-of the fund are hereby appropriated and may be budgeted and expended
147-by the Supreme Court as necessary to perform t he duties imposed upon
148-the district courts by law. Expenditures from the District Court
149-Revolving Fund shall be made upon warrants issued by the State
150-Treasurer against claims filed as prescribed by law with the
151-Director of the Office of Management and En terprise Services for
152-approval and payment.
153-SECTION 2. This act shall become effective July 1, 2023.
154-SECTION 3. It being immediatel y necessary for the preservation
155-of the public peace, health or safety, an emergency is he reby
156-declared to exist, by reason whereof thi s act shall take effect and
157-be in full force from and after its passage and approval.
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186-Passed the House of Representatives the 14th day of March, 2023.
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191- Presiding Officer of the House
192- of Representatives
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196-Passed the Senate the ___ day of __________, 2023.
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65+Section 1313.2 A. As used in this section:
66+
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94+1. "Arrested" means taking custody of another for the purpose
95+of holding or detaining him or he r to answer a criminal charge;
96+2. "Convicted" means any final adjudication of guilt, whether
97+pursuant to a plea of guilty or nolo contendere or otherwise, and
98+any deferred or suspended sentence or judgment;
99+3. "Court" means any state or municipal court h aving
100+jurisdiction to impose a criminal fine or penalty; and
101+4. "DNA" means Deoxyribonucleic acid.
102+B. Any person convicted of an offense including traffic
103+offenses but excluding parking and standing violations, punishable
104+by a fine of Ten Dollars ($10.00 ) or more or by incarceration or any
105+person forfeiting bond when charged with such an offense, shall by a
106+city or county that conducts satellite CLEET academies, may be
107+ordered by the court to pay Ten Dollars ($10.00) Two Dollars ($2.00)
108+as a separate fee, whi ch fee shall be in addition to and not in
109+substitution for any and all fines and penalties otherwise provided
110+for by law for such offense.
111+C. 1. Any person convicted of any misdemeanor or felony
112+offense shall pay a Laboratory Analysis Fee in the amount o f One
113+Hundred Fifty Dollars ($150.00) for each offense if forensic science
114+or laboratory services are rendered or administered by the Oklahoma
115+State Bureau of Investigation (OSBI), by the Toxicology Laboratory
116+of the Office of the Chief Medical Examiner or by any municipality
117+or county in connection with the case. This fee shall be in
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146+addition to and not a substitution for any and all fines and
147+penalties otherwise provided for by law for this offense.
148+2. The court clerk shall cause to be deposited the amo unt of
149+One Hundred Fifty Dollars ($150.00) as collected, for every
150+conviction as described in this subsection. The court clerk shall
151+remit the monies in the fund on a monthly basis directly either to:
152+a. the OSBI who shall deposit the monies into the OSBI
153+Revolving Fund provided for in Section 150.19a of
154+Title 74 of the Oklahoma Statutes for services
155+rendered or administered by the OSBI,
156+b. the Office of the Chief Medical Examiner who shall
157+deposit the monies into the Chief Medical Examiner
158+Revolving Fund provided for in Section 948 of Title 63
159+of the Oklahoma Statutes for services rendered or
160+administered by the Office of the Chief Medical
161+Examiner, or
162+c. the appropriate municipality or county for services
163+rendered or administered by a municipality or coun ty.
164+3. The monies from the Laboratory Analysis Fee Fund deposited
165+into the OSBI Revolving Fund shall be used for the following:
166+a. providing criminalistic la boratory services,
167+b. the purchase and maintenance of equipment for use by
168+the laboratory in perfo rming analysis,
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197+c. education, training, and scientific development of
198+OSBI personnel, and
199+d. the destruction of seized property and chemicals as
200+prescribed in Sections 2-505 and 2-508 of Title 63 of
201+the Oklahoma Statutes.
202+D. Upon conviction or bond forfei ture, the court shall collect
203+the fee provided for in subsection B of this section and deposit it
204+in an account created for that purpose. Except as otherwise
205+provided in subsection E of this section, monies shall be forwarded
206+monthly by the court clerk to the Council on Law Enforcement
207+Education and Training (CLEET). Beginning July 1, 2003, deposits
208+shall be due on the fifteenth day of each month for the prec eding
209+calendar month. There shall be a late fee imposed for failure to
210+make timely deposits; prov ided, CLEET, in its discretion, may waive
211+all or part of the late fee. Such late fee shall be one percent
212+(1%) of the principal amount due per day beginning from the tenth
213+day after payment is due and accumulating until the late fee reaches
214+one hundred percent (100%) of the principal amount due. Beginning
215+on July 1, 1987, ninety percent (90%) of the monies received by
216+CLEET from the court clerks pursuant to t his section shall be
217+deposited in the CLEET Fund, and ten percent (10%) shall be
218+deposited in the General Revenue Fund. Beginning January 1, 2001,
219+sixty and fifty-three one-hundredths percent (60.53%) of the monies
220+received by CLEET from the court clerks pursuant to this section
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249+shall be deposited in the CLEET Fund created pursuant to subsection
250+G of this section, five and eighty-three one-hundredths percent
251+(5.83%) shall be deposited in the General Revenue Fund and thirty-
252+three and sixty-four one-hundredths percent (33.64%) shall be
253+deposited in the CLEET Training Center Revolving Fund created
254+pursuant to Section 3311.6 of Title 70 of the Oklahoma Statutes.
255+Along with the deposits required by this subsection, each court
256+shall also submit a report stating the total amount of funds
257+collected and the total number of fees imposed during the preceding
258+quarter. The report may be made on computerized or manual
259+disposition reports.
260+E. Any municipality or county having a basic law enforcement
261+academy approved by CLEET pursuant to the criteria developed by
262+CLEET for training law enforcement officers shall reta in from monies
263+collected pursuant to subsections A through D C of this section, Two
264+Dollars ($2.00) from each fee. These monies shall be deposited into
265+an account for the sole use of the municipality or county in
266+implementing its law enforcement training fu nctions. Not more than
267+seven percent (7%) of the monies shall be used for court and
268+prosecution training. The court clerk of any such municipality or
269+county shall furnish to CLEET the report required by subsection D of
270+this section.
271+F. 1. Any person entering a plea of guilty or nolo contendere
272+or is found guilty of the crime of misdemeanor possession of
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301+marijuana or drug paraphernalia shall be ordered by the court to pay
302+a five-dollar fee, which shall be in addition to and not in
303+substitution for any an d all fines and penalties otherwise provided
304+for by law for such offense.
305+2. The court clerk shall cause to be deposited the amount of
306+Five Dollars ($5.00) as collected, for every adjudicated or
307+otherwise convicted person as described in this subsection . The
308+court clerk shall remit the monies in the fund on a monthly basis
309+directly to the Bureau of Narcotics Drug Education Revolving Fund.
310+G. E. There is hereby created in the State Treasury a fund for
311+the Council on Law Enforcement Education and Training to be
312+designated the "CLEET Fund". The fund shall be subject to
313+legislative appropriation and shall consist of any monies received
314+from fees and receipts coll ected pursuant to the Oklahoma Open
315+Records Act, reimbursements for parts used in the repair of weap ons
316+of law enforcement officers attending the basic academies, gifts,
317+bequests, contributions, tuition, fees, devises and the assessments
318+levied pursuant to the fund pursuant to law.
319+H. F. 1. Any person arrested or convicted of a felony offense
320+or convicted of a misdemeanor offense of assault and battery,
321+domestic abuse, stalking, possession of a controlled substance
322+prohibited under Schedule IV of the Unif orm Controlled Dangerous
323+Substances Act, outraging public decency, resisting arrest, escaping
324+or attempting to escape, eluding a police officer, Peeping Tom,
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353+pointing a firearm, threatening an act of violence, breaking and
354+entering a dwelling place, destru ction of property, negligent
355+homicide or causing a personal injury accident while driving under
356+the influence of any intoxicating substance shall pay a DNA fee of
357+One Hundred Fifty Dollars ($150.00). This fee shall not be
358+collected if the person has a val id DNA sample in the OSBI DNA
359+Offender Database at the time of sentencing.
360+2. The court clerk shall cause to be deposited the amount of
361+One Hundred Fifty Dollars ($150.00) as collected for every felony
362+arrest, felony conviction or every conviction for a m isdemeanor
363+offense of assault and battery, domestic abuse, stalking, possession
364+of a controlled subs tance prohibited under the Uniform Controlled
365+Dangerous Substances Act, outraging public decency, resisting
366+arrest, escaping or attempting to escape, eludin g a police officer,
367+Peeping Tom, pointing a firearm, threatening an act of violence,
368+breaking and entering a dwelling place, destruction of property,
369+negligent homicide or causing a personal injury accident while
370+driving under the influence of any intoxica ting substance as
371+described in this subsection. The court clerk shall remit the
372+monies in the fund on a monthly basis directly to the OSBI who shall
373+deposit the monies into the OSBI Revolving Fund provided for in
374+Section 150.19a of Title 74 of the Oklahom a Statutes for services
375+rendered or administered by the OSBI.
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404+3. The monies from the DNA sample fee deposited into the OSBI
405+Revolving Fund shall be used for creating, staffing and maintaining
406+the OSBI DNA Laboratory and OSBI Combined DNA Index System (COD IS)
407+Database.
408+I. G. It shall be the responsibility of the court clerk to
409+account for and ensure the correctness and accuracy of payments made
410+to the state agencies identified in Sections 1313.2 through 1313.4
411+of this title. Payments made directly to an a gency by the court
412+clerk as a result of different types of assessments and fees
413+pursuant to Sections 1313.2 through 1313.4 of this title shall be
414+made monthly to each state agency.
415+SECTION 3. AMENDATORY 22 O.S. 2021, Section 988.9, is
416+amended to read as follows:
417+Section 988.9 A. Any offender sentenced to a community
418+sentence pursuant to the Oklahoma Community Sentenc ing Act which
419+requires supervision shall be required to pay a supervision fee.
420+The supervising agency shall establish the fee amount, not to exceed
421+Forty Dollars ($40.00) per month, based upon t he offender's ability
422+to pay. In hardship cases the supervis ing agency may expressly
423+waive all or part of the fee. No supervising agency participating
424+in a local community sentencing sys tem shall deny any offender
425+supervision services for the sole reason that the offender is
426+indigent. Fees collected for supervisi on services performed by the
427+Department of Corrections shall be paid directly to the Department
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456+to be deposited in the Departme nt of Corrections Revolving Fund.
457+Supervision services performed by contracted providers other than
458+the Department shall be paid directly to that contracted provider.
459+B. In addition to any supervision fee, eligible Eligible
460+offenders participating in a l ocal community sentencing system under
461+a court-ordered community pun ishment shall be required to pay an
462+administrative fee to sup port the local system which shall not
463+exceed Twenty Dollars ($20.00) per month to be set by the court.
464+Administrative fees whe n collected shall be deposited with the
465+Community Sentencing Divisio n within the Department of Corrections
466+and credited to the lo cal community sentencing system for support
467+and expansion of the local community corrections system. In the
468+event the court fails to order the amount of the administrative fee,
469+the fee shall be Twenty Dollars ($20.00) per month.
470+C. B. In addition to any supervision fee and administrative fee
471+authorized by this section, the court shall assess court costs, and
472+may assess program r eimbursement costs, restitution, and fines to be
473+paid by the offender. With the exception of supervision fees, other
474+fees, costs, fines, restitution, or monetary obligations ordered to
475+be paid by the offender shall not cease with the termination of
476+active supervision and such obligations shall continue until fully
477+paid and may be collected in the same manner as court costs.
478+SECTION 4. AMENDATORY 22 O.S. 2021, Section 991c, is
479+amended to read as follows:
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508+Section 991c. A. Upon a verdict or plea of guilty or upon a
509+plea of nolo contendere, but before a judgment of guilt, the court
510+may, without entering a jud gment of guilt and with the consent of
511+the defendant, defer further proceedings upon the specific
512+conditions prescribed by the court not to exceed a seven-year
513+period, except as authorized under subsection B of this section.
514+The court shall first consider restitution among the various
515+conditions it may prescribe. The court may also consider ordering
516+the defendant to:
517+1. Pay court costs;
518+2. Pay an assessment in lieu of any fine authorized by law for
519+the offense;
520+3. Pay any other assessment or cost autho rized by law;
521+4. Engage in a term of community service without compensation,
522+according to a schedule consistent with the employment and family
523+responsibilities of the defendant;
524+5. County jail confinement for a period not to exceed ninety
525+(90) days or the maximum amount of jail time provided for the
526+offense, if it is less than ninety (90) days;
527+6. Pay an amount as reimbursement for reasonable attorney fees,
528+to be paid into the court fund, if a court-appointed attorney has
529+been provided to the defendant;
530+7. Be supervised in the community for a period not to exceed
531+eighteen (18) months, unless a petition alleging violation of any
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560+condition of deferred judgment is filed during the period of
561+supervision. As a condition of any supervision, the defendant shall
562+be required to pay a supervision fee of Forty Dollars ($40.00) per
563+month. The supervision fee shall be waived in whole or part by the
564+supervisory agency when the accused is indigent. Any fees collected
565+by the district attorney pursuant to this paragraph shall be
566+deposited in the General Revenue Fund of the State Treasury. No
567+person shall be denied supervision based solely on the inability of
568+the person to pay a fee;
569+8. Pay into the court fund a monthly amount not exceeding Forty
570+Dollars ($40.00) per month during any period during which the
571+proceedings are deferred when the defendant is not to be supervised
572+in the community. The total amount to be paid into the court fund
573+shall be established by the court and shall not exceed the amount of
574+the maximum fine authorized by law for the offense;
575+9. Make other reparations to the community or victim as
576+required and deemed appropriat e by the court;
577+10. 9. Order any conditions which can be imposed for a
578+suspended sentence pursuant to paragraph 1 of subsection A of
579+Section 991a of this title; or
580+11. 10. Any combination of the above provisions.
581+However, unless under the supervision of the district attorney,
582+the offender shall be required to pay Forty Dollars ($40.00) per
583+month to the district attorney during the first two (2) years of
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612+probation to compensate the district attorney for the costs incurred
613+during the prosecution of the offe nder and for the additional work
614+of verifying the compliance of the offender with the rules and
615+conditions of his or her probation. The district attorney may waive
616+any part of this requirement in the best interests of justice. The
617+court shall not waive, suspend, defer or dismiss the costs of
618+prosecution in its entirety. However, if the court determines that
619+a reduction in the fine, costs and costs of prosecution is
620+warranted, the court shall equally apply the same percentage
621+reduction to the fine, costs and costs of prosecution owed by the
622+offender. Any fees collected by the district attorney pursuant to
623+this paragraph shall be deposited in the General Revenue Fund of the
624+State Treasury.
625+B. When the court has ordered restitution as a condition of
626+supervision as provided for in subsection A of this section and that
627+condition has not been satisfied, the court may, at any time prior
628+to the termination or expiration of the supervision period, order an
629+extension of supervision for a period not to exceed three (3) years.
630+C. In addition to any conditions of supervision provided for in
631+subsection A of this section, the court shall, in the case of a
632+person before the court for the offense of operating or being in
633+control of a motor vehicle while the person was un der the influence
634+of alcohol, other intoxicating substance, or a combination of
635+alcohol and another intoxicating substance, or who is before the
636+
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638+BOLD FACE denotes Committee Amendments.
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664+court for the offense of operating a motor vehicle while the ability
665+of the person to operate such vehicle was impaired due to the
666+consumption of alcohol, require the person to participate in an
667+alcohol and drug substance abuse evaluation program offered by a
668+facility or qualified practitioner certified by the Department of
669+Mental Health and Substance Abuse Service s for the purpose of
670+evaluating the receptivity to treatment and prognosis of the person.
671+The court shall order the person to reimburse the facility or
672+qualified practitioner for the evaluation. The Department of Mental
673+Health and Substance Abuse Service s shall establish a fee schedule,
674+based upon the ability of a person to pay, provided the fee for an
675+evaluation shall not exceed Seventy-five Dollars ($75.00). The
676+evaluation shall be conducted at a certified facility, the office of
677+a qualified practition er or at another location as ordered by the
678+court. The facility or qualified practitioner shall, within
679+seventy-two (72) hours from the time the person is assessed, submit
680+a written report to the court for the purpose of assisting the court
681+in its determination of conditions for deferred sentence. No
682+person, agency or facility operating an alcohol and drug substance
683+abuse evaluation program certified by the Department of Mental
684+Health and Substance Abuse Services shall solicit or refer any
685+person evaluated pursuant to this subsection for any treatment
686+program or alcohol and drug substance abuse service in which the
687+person, agency or facility has a vested interest; however, this
688+
689+HB1777 HFLR Page 14
690+BOLD FACE denotes Committee Amendments.
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716+provision shall not be construed to prohibit the court from ordering
717+participation in or any person from voluntarily utilizing a
718+treatment program or alcohol and drug substance abuse service
719+offered by such person, agency or facility. Any evaluation report
720+submitted to the court pursuant to this subsection shall be handled
721+in a manner which will keep the report confidential from review by
722+the general public. Nothing contained in this subsection shall be
723+construed to prohibit the court from ordering judgment and sentence
724+in the event the defendant fails or refuses to comply with an o rder
725+of the court to obtain the evaluation required by this subsection.
726+As used in this subsection, "qualified practitioner" means a person
727+with at least a bachelor's degree in substance abuse treatment,
728+mental health or a related health care field and at least two (2)
729+years of experience in providing alcohol abuse treatment, other drug
730+abuse treatment, or both alcohol and other drug abuse treatment who
731+is certified each year by the Department of Mental Health and
732+Substance Abuse Services to provide these assessments. However, any
733+person who does not meet the requirements for a qualified
734+practitioner as defined herein, but who has been previously
735+certified by the Department of Mental Health and Substance Abuse
736+Services to provide alcohol or drug treatment or assessments, shall
737+be considered a qualified practitioner provided all education,
738+experience and certification requirements stated herein are met by
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740+HB1777 HFLR Page 15
741+BOLD FACE denotes Committee Amendments.
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767+September 1, 1995. The court may also require the person to
768+participate in one or both of the following :
769+1. An alcohol and drug substance abuse course, pursuant to
770+Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and
771+2. A victims impact panel program, as defined in subsection H
772+of Section 991a of this title, if such a program is offered in the
773+county where the judgment is rendered. The defendant shall be
774+required to pay a fee of Seventy-five Dollars ($75.00) as set by the
775+governing authority of the program and approved by the court to the
776+victims impact panel program to offset the cost of p articipation by
777+the defendant, if in the opinion of the court the defendant has the
778+ability to pay such fee.
779+D. Upon completion of the conditions of the deferred judgment,
780+and upon a finding by the court that the conditions have been met
781+and all fines, fees, and monetary assessments have been paid as
782+ordered, the defendant shall be discharged without a court judgment
783+of guilt, and the court shall order the verdict or plea of guilty or
784+plea of nolo contendere to be expunged from the record and the
785+charge shall be dismissed with prejudice to any further action. The
786+procedure to expunge the record of the defendant shall be as
787+follows:
788+1. All references to the name of the defendant shall be deleted
789+from the docket sheet;
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791+HB1777 HFLR Page 16
792+BOLD FACE denotes Committee Amendments.
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818+2. The public index of the filing of the charge shall be
819+expunged by deletion, mark-out or obliteration;
820+3. Upon expungement, the court clerk shall keep a separate
821+confidential index of case numbers and names of defendants which
822+have been obliterated pursuant to the provisions of this sectio n;
823+4. No information concerning the confidential file shall be
824+revealed or released, except upon written order of a judge of the
825+district court or upon written request by the named defendant to the
826+court clerk for the purpose of updating the criminal hist ory record
827+of the defendant with the Oklahoma State Bureau of Investigation;
828+and
829+5. Defendants qualifying under Section 18 of this title may
830+petition the court to have the filing of the indictment and the
831+dismissal expunged from the public index and docke t sheet. This
832+section shall not be mutually exclusive of Section 18 of this title.
833+Records expunged pursuant to this subsection shall be sealed to
834+the public but not to law enforcement agencies for law enforcement
835+purposes. Records expunged pursuant to t his subsection shall be
836+admissible in any subsequent criminal prosecution to prove the
837+existence of a prior conviction or prior deferred judgment without
838+the necessity of a court order requesting the unsealing of such
839+records.
840+E. The provisions of subsect ion D of this section shall be
841+retroactive.
842+
843+HB1777 HFLR Page 17
844+BOLD FACE denotes Committee Amendments.
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870+F. Whenever a judgment has been deferred by the court according
871+to the provisions of this section, deferred judgment may not be
872+accelerated for any technical violation unless a petition setting
873+forth the grounds for such acceleration is filed by the district
874+attorney with the clerk of the sentencing court and competent
875+evidence justifying the acceleration of the judgment is presented to
876+the court at a hearing to be held for that purpose. The hearing
877+shall be held not more than twenty (20) days after the entry of the
878+plea of not guilty to the petition, unless waived by both the state
879+and the defendant. Any acceleration of a deferred sentence based on
880+a technical violation shall not exceed ninety (90) days for a f irst
881+acceleration or five (5) years for a second or subsequent
882+acceleration.
883+G. Upon any violation of the deferred judgment, other than a
884+technical violation, the court may enter a judgment of guilt and
885+proceed as provided in Section 991a of this title or may modify any
886+condition imposed. Provided, however, if the deferred judgment is
887+for a felony offense, and the defendant commits another felony
888+offense, the defendant shall not be allowed bail pending appeal.
889+H. The deferred judgment procedure described in this section
890+shall apply only to defendants who have not been previously
891+convicted of a felony offense and have not received more than one
892+deferred judgment for a felony offense within the ten (10) years
893+previous to the commission of the pending offens e.
894+
895+HB1777 HFLR Page 18
896+BOLD FACE denotes Committee Amendments.
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922+Provided, the court may waive this prohibition upon written
923+application of the district attorney. Both the application and the
924+waiver shall be made a part of the record of the case.
925+I. The deferred judgment procedure described in this section
926+shall not apply to defendants found guilty or who plead guilty or
927+nolo contendere to a sex offense required by law to register
928+pursuant to the Sex Offenders Registration Act.
929+J. All defendants who are supervised pursuant to this section
930+shall be subject to the sa nction process as established in
931+subsection D of Section 991b of this title.
932+K. Notwithstanding the provisions of subsections F and G of
933+this section, a person who is being considered for an acceleration
934+of a deferred judgment for an offense where the pen alty has
935+subsequently been lowered to a misdemeanor shall only be subject to
936+a judgment and sentence that would have been applicable had he or
937+she committed the offense after July 1, 2017.
938+SECTION 5. AMENDATORY 22 O.S. 2021, Section 991d, is
939+amended to read as follows:
940+Section 991d. A. 1. When the court order s supervision by the
941+Department of Corrections, or the district attorney requires the
942+Department to supervise any person pursuant to a deferred
943+prosecution agreement, the pers on shall be required to pay a
944+supervision fee of Forty Dolla rs ($40.00) per month during the
945+supervision period, unless the fee w ould impose an unnecessary
946+
947+HB1777 HFLR Page 19
948+BOLD FACE denotes Committee Amendments.
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974+hardship on the person. In hardship cases, the Department shall
975+expressly waive all or part of the fee. The court shall make
976+payment of the fee a condition of the sentence which s hall be
977+imposed whether the supervision is incid ent to the suspending of
978+execution of a sentence, incident to the suspending of imposition of
979+a sentence, or incident to the de ferral of proceedings after a
980+verdict or plea of guilty. Th e Department shall de termine methods
981+for payment of supervision fee, and may charge a reasonable user fee
982+for collection of supervision fees electronically. The Department
983+is required to report t o the sentencing court any failure of the
984+person to pay supervision fees and to r eport immediately if the
985+person violates any con dition of the sentence.
986+2. When the court imposes a suspended or deferred sentence for
987+any offense and does not order supervis ion by the Department of
988+Corrections, the offender shall be required to pay to th e district
989+attorney a supervision fee of Forty D ollars ($40.00) per month as a
990+fee to compensate the district attorney for the actual act of
991+supervising the offender during th e applicable period of
992+supervision. In hardship cases, the district attorney sha ll
993+expressly waive all or part of the fee. Any fees collected by the
994+district attorney pursuant to this paragraph shall be deposited in
995+the General Revenue Fund of the State Treasury.
996+3. If restitution is ordered by the court in conjunction with
997+supervision, the supervision fee will be paid in additio n to the
998+
999+HB1777 HFLR Page 20
1000+BOLD FACE denotes Committee Amendments.
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1026+restitution ordered. In addition to the restitution payment and
1027+supervision fee, a reasonable user fee may be charged by the
1028+Department of Corrections to cover the expenses of a dministration of
1029+the restitution, except no user fee shall be collect ed by the
1030+Department when restitution payment is collected and disbursed to
1031+the victim by the office of the district attorney a s provided in
1032+Section 991f of this title or Section 991f-1.1 of this title.
1033+B. The Pardon and Parole Board shall require a super vision fee
1034+to be paid by the parolee as a condition of parole which shall be
1035+paid to the Department of Corrections. The Depart ment shall
1036+determine the amount of the fee as provided for o ther persons under
1037+supervision by the Department.
1038+C. Upon acceptance of an offender by the Department of
1039+Corrections whose probation or parole supervision was transferred to
1040+Oklahoma through the Interstate Compact Agreement, or upon the
1041+assignment of an inmate to any communit y placement, a fee shall be
1042+required to be paid by the offender to the Department of Corrections
1043+as provided for other persons under supervision of the Department.
1044+D. Except as provided in subsection A and this subsection, all
1045+fees collected pursuant to t his section shall be deposited in the
1046+Department of Corrections Revolving Fund created pursuant to Section
1047+557 of Title 57 of the Oklahoma Statutes. For the fiscal year
1048+ending June 30, 1996, fifty percent (50%) of all collections
1049+received from offenders p laced on supervision after July 1, 1995,
1050+
1051+HB1777 HFLR Page 21
1052+BOLD FACE denotes Committee Amendments.
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1078+shall be transferred to the credit of the General Revenue Fund of
1079+the State Treasury until such time as total transfers equal Three
1080+Million Three Hundred Thousand Dollars ($3,300,000.00).
1081+SECTION 6. AMENDATORY 28 O.S. 2021, Section 153, as
1082+amended by Section 2, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2022,
1083+Section 153), is amended to read as follows :
1084+Section 153. A. The clerks of the courts shall collect as
1085+costs in every criminal case for each o ffense of which the defendant
1086+is convicted, irrespective of whether or not the sentence i s
1087+deferred, the following flat charges and no more, except for
1088+standing and parking violations and for charges otherwise provided
1089+for by law, which fee shall cover doc keting of the case, filing of
1090+all papers, issuance of process, warrants, orders, and othe r
1091+services to the date of judgment:
1092+1. For each defendant convicted of
1093+exceeding the speed limit by at least
1094+one (1) mile per hour but not more than
1095+ten (10) miles per hour, whether charged
1096+individually or conjointly with others...............$77.00
1097+2. For each defendant convicted of a
1098+misdemeanor traffic violation other than
1099+an offense provided for in paragraph 1
1100+or 5 of this subsection, whether charged
1101+individually or conjointly with others...............$98.00
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1103+HB1777 HFLR Page 22
1104+BOLD FACE denotes Committee Amendments.
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1130+3. For each defendant convicted of a
1131+misdemeanor, other than for driving
1132+under the influence of alcohol or other
1133+intoxicating substance or an offense
1134+provided for in paragraph 1 or 2 of this
1135+subsection, whether charged individually
1136+or conjointly with others ............................ $93.00
1137+4. For each defendant convicted of a
1138+felony, other than for driving under the
1139+influence of alcohol or other
1140+intoxicating substance, whether charged
1141+individually or conjointly with others ..............$103.00
1142+5. For each defendant convicte d of the
1143+misdemeanor of driving under the
1144+influence of alcohol or other
1145+intoxicating substance, whether charged
1146+individually or conjointly with others..............$433.00
1147+6. For each defendant convicted of the
1148+felony of driving under the influence of
1149+alcohol or other intoxicating substance,
1150+whether charged individually or
1151+conjointly with others.............................. $433.00
1152+
1153+HB1777 HFLR Page 23
1154+BOLD FACE denotes Committee Amendments.
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1180+7. For the services of a court reporter at
1181+each preliminary hearing and trial held
1182+in the case................................ ..........$20.00
1183+8. For each time a jury is requested .................... $30.00
1184+9. A sheriff's fee for serving or
1185+endeavoring to serve each writ, warrant,
1186+order, process, command, or notic e or
1187+pursuing any fugitive from justice
1188+a. within the county........................ $50.00, or
1189+mileage as
1190+established by the
1191+Oklahoma Statutes,
1192+whichever is
1193+greater, or
1194+b. outside of the county.................... $50.00, or
1195+actual, necessary
1196+expenses, whichever
1197+is greater
1198+B. In addition to the amount collected pursuant to paragraphs 2
1199+through 6 of subsection A of this section, the sum of Six Dollars
1200+($6.00) shall be assessed and credited to the Law Library Fund
1201+pursuant to Section 1201 e t seq. of Title 20 of the Oklahoma
1202+Statutes.
1203+
1204+HB1777 HFLR Page 24
1205+BOLD FACE denotes Committee Amendments.
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1231+C. In addition to the amount collected pursuant to subsection A
1232+of this section, the sum of Twenty Dollars ($20.00) shall be
1233+assessed and collected in every traffic case for each offense other
1234+than for driving under the influence of alcohol or other
1235+intoxicating substance; the sum of Thirty Dollars ($30.00) shall be
1236+assessed and collected in every misdemeanor case for each offense;
1237+the sum of Thirty Dollars ($30.00) shall be assessed and collected
1238+in every misdemeanor case for each offense for driving under the
1239+influence of alcohol or other intoxicating substance; the sum of
1240+Fifty Dollars ($50.00) shall be assessed and collected in every
1241+felony case for each offense; and the sum of Fifty Dollars ($50.00)
1242+shall be assessed and collected in every felony case for each
1243+offense for driving under the influence of alcohol or other
1244+intoxicating substance.
1245+D. In addition to the amounts collected pursuant to subsections
1246+A and B of this section, the sum of Twenty -five Dollars ($25.00)
1247+shall be assessed and credited to the Oklahoma Court Information
1248+System Revolving Fund created pursuant to Section 1315 of Title 20
1249+of the Oklahoma Statutes.
1250+E. In addition to the amount collected pursuant to paragraphs 1
1251+through 6 of subsecti on A of this section, the sum of Ten Dollars
1252+($10.00) shall be assessed and credited to the Sheriff's Service Fee
1253+Account in the county in which the conviction occurred for the
1254+
1255+HB1777 HFLR Page 25
1256+BOLD FACE denotes Committee Amendments.
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1282+purpose of enhancing existing or providing additional courthouse
1283+security.
1284+F. In addition to the amounts collected pursuant to paragraphs
1285+1 through 6 of subsection A of this section, the sum of Three
1286+Dollars ($3.00) shall be assessed and credited to the Office of the
1287+Attorney General Victim Services Unit.
1288+G. In addition to the amou nts collected pursuant to paragraphs
1289+1 through 6 of subsection A of this section, the sum of Three
1290+Dollars ($3.00) shall be assessed and credited to the Child Abuse
1291+Multidisciplinary Account . This fee shall not be used for purposes
1292+of hiring or employing any law enforcement officers.
1293+H. In addition to the amount collected pursuant to paragraphs 5
1294+and 6 of subsection A of this section, the sum of Fifteen Dollars
1295+($15.00) shall be assessed in every misdemeanor or felony case for
1296+each offense of driving unde r the influence of alcohol or other
1297+intoxicating substance and credited to the Oklahoma Impaired Driver
1298+Database Revolving Fund created pursuant to Section 11-902d of Title
1299+47 of the Oklahoma Statutes .
1300+I. Prior to conviction, parties in criminal cases shall not be
1301+required to pay, advance, or post security for the issuance or
1302+service of process to obtain compulsory attendance of witnesses.
1303+J. G. The amounts to be assessed as court costs upon filing of
1304+a case shall be those am ounts above-stated in paragraph 3 or 4 of
1305+subsection A and subsections B, C, D and E of thi s section.
1306+
1307+HB1777 HFLR Page 26
1308+BOLD FACE denotes Committee Amendments.
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1334+K. H. The fees collected pursuant to thi s section shall be
1335+deposited into the court fund, except the following :
1336+1. A court clerk issuing a misdemeanor warr ant is entitled to
1337+ten percent (10%) of the sheriff's service fee, provided for in
1338+paragraph 9 of subsection A of this section, collected on a warrant
1339+referred to the contractor for the misdemeanor warrant noti fication
1340+program governed by Sections 514.4 an d 514.5 of Title 19 of the
1341+Oklahoma Statutes. This ten-percent sum shall be deposited into the
1342+issuing Court Clerk's Revolving Fund, create d pursuant to Section
1343+220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing
1344+the warrant with the bala nce of the sheriff's service fee to be
1345+deposited into the Sheriff's Service Fee Account, created pursuant
1346+to the provisions of Section 514.1 of Title 19 of the Oklahoma
1347+Statutes, of the sheriff in the county in which service is made or
1348+attempted. Otherwise, the sheriff's service fee, when co llected,
1349+shall be deposited in its entirety into the Sheriff's Service Fee
1350+Account of the sheriff in th e county in which service is made or
1351+attempted;
1352+2. The sheriff's fee provided for in Section 153.2 of this
1353+title;
1354+3. The witness fees paid by the dis trict attorney pursuant to
1355+the provisions of Section 82 of this title which, if collected by
1356+the court clerk, shall be transferred to the district attorney's
1357+office in the county where witness attendance was required . Fees
1358+
1359+HB1777 HFLR Page 27
1360+BOLD FACE denotes Committee Amendments.
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1386+transferred pursuant to this par agraph shall be deposited in the
1387+district attorney's maintenance and operating expense account;
1388+4. The fees provided for in subsection C of this section shall
1389+be forwarded to the District Attorneys Council Revolving Fund to
1390+defray the costs of prosecutio n; and
1391+5. The following amounts of the fees provided for in paragraphs
1392+2, 3, 5 and 6 of subsection A of t his section, when collected, shall
1393+be deposited in the Trauma Care Ass istance Revolving Fund, created
1394+pursuant to the provisions of Section 1 -2530.9 of Title 63 of the
1395+Oklahoma Statutes:
1396+a. Ten Dollars ($10.00) of the Ninety-eight-Dollar fee
1397+provided for in paragraph 2 of subsection A of this
1398+section,
1399+b. Ten Dollars ($10.00) of the Ninety-three-Dollar fee
1400+provided for in paragraph 3 of subsection A o f this
1401+section,
1402+c. One Hundred Dollars ($100.00) of the Four-Hundred-
1403+Thirty-three-Dollar fee provided for in paragraph 5 of
1404+subsection A of this section, and
1405+d. One Hundred Dollars ($100.00) of the Four -Hundred-
1406+Thirty-three-Dollar fee provided for in par agraph 6 of
1407+subsection A of this section.
1408+L. I. As used in this section, "convicted" means any final
1409+adjudication of guilt, whether pursuant to a plea of guilty or nolo
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1438+contendere or otherw ise, and any deferred judgm ent or suspended
1439+sentence.
1440+M. J. A court clerk may accept in payment for any fee, fine,
1441+forfeiture payment, cost, penalty assessment or other charge or
1442+collection to be assessed or collected by a court clerk pursuant to
1443+this section a nationally recogniz ed credit card or debit card or
1444+other electronic payment method as provided in paragraph 1 of
1445+subsection B of Section 151 of this title.
1446+N. K. Upon receipt of payment of fines and c osts for offenses
1447+charged prior to July 1, 1992, the court clerk shall ap portion and
1448+pay Thirteen Dollars ($13.00) pe r conviction to the court fund.
1449+SECTION 7. AMENDATORY 29 O.S. 2021, Section 9-114, is
1450+amended to read as follows:
1451+Section 9-114. A. 1. In addition to any other penalties
1452+provided for in the Wildl ife Bail Procedure Act or any other
1453+applicable law, when a person fails to comply with a wildlife
1454+citation or a sentence for a violation of wildlife laws or rules,
1455+the district court which has jurisdiction of the citation or which
1456+issued the sentence shall mail a notice to the person informing them
1457+that if they do not appear in the district court or pay all fines,
1458+court costs, assessments or fees, and any penalties imposed within
1459+thirty (30) days from the date of mailing, the Oklahoma Department
1460+of Wildlife Conservation shall be notified to begin procedures to
1461+
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1489+forfeit or suspend any license, permit, stamp or other issue of the
1490+Department held by the person.
1491+2. Upon receipt of a report from a district court of a failure
1492+to comply with a wildlife citation or sentence as set forth in
1493+paragraph 1 of this subsection the Department shall suspend or
1494+forfeit the license, permit, stamp or other issue of the Department
1495+held by the person until satisfactory evidence of compliance with
1496+the wildlife citation or sentence of the district court is furnished
1497+to the Department by the district court. Upon receipt of
1498+notification of compliance from the district court, the Department
1499+shall terminate the suspension action, unless the suspension is
1500+otherwise required.
1501+B. Except as provided for in subsection C of this section, when
1502+the district court notifies the Department of Wildlife Conservation
1503+of a failure to comply with a wildlife citation or failure to comply
1504+with a sentence of the district, the court shall assess a
1505+reinstatement fee of Fifty Dollars ($50.00) for each charge or
1506+sentence on which the person failed to make satisfaction, regardless
1507+of the disposition of the charge for which the citation was
1508+originally issued. The reinstatement fee shall be in addition to
1509+any fine, court costs and other assessments, fees or penalties. The
1510+district court shall remit all reinstatement fees to the Department
1511+in accordance with the provisions of state law. The Department
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1540+shall deposit the entire amount of each reinstatement fee in the
1541+Wildlife General Fund.
1542+C. The district court shall waive the reinstatement fee
1543+provided for in subsection B of this section if the failure to
1544+comply with a wildlife citation was the result of the person
1545+enlisting in or being drafted into the armed se rvices of the United
1546+States of America, being called into service as a member of a
1547+reserve component of the military service of the United States of
1548+America, volunteering for active duty or being called in to service
1549+as a member of the Oklahoma National Guard or volunteering for
1550+active duty and being absent from Oklahoma because of military
1551+service.
1552+D. A person whose privileges have been suspended as provided
1553+for in this section and who hunts, traps or fish es in this state,
1554+who applies for or purchases any license or permit to hunt, trap, or
1555+fish in this state, or who refuses to surrender any current hunting,
1556+trapping or fishing licenses as required pursuant to this section
1557+shall be deemed guilty of a misdemeanor and shall be fined not less
1558+than One Hundred Dollars ($100.00) or more than Five Hund red Dollars
1559+($500.00).
1560+SECTION 8. AMENDATORY 63 O.S. 2021, Section 2-401, is
1561+amended to read as follows:
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1590+Section 2-401. A. Except as authorized by the Uniform
1591+Controlled Dangerous Substances Act, it shall be unlawful for any
1592+person:
1593+1. To distribute, dispense, transport with intent to distribute
1594+or dispense, possess with intent to manufacture, distribute, or
1595+dispense, a controlled dangerou s substance or to solicit the use of
1596+or use the services of a person less than eighteen (18 ) years of age
1597+to cultivate, distribute or dispense a controlled dangerous
1598+substance;
1599+2. To create, distribute, transport with intent to distribute
1600+or dispense, or possess with intent to distribute, a counterfeit
1601+controlled dangerous substance; or
1602+3. To distribute any imitation controlled substance as defined
1603+by Section 2-101 of this title, except when authorized by the Food
1604+and Drug Administration of the United Sta tes Department of Health
1605+and Human Services.
1606+B. Any person who violates the provisions of this section with
1607+respect to:
1608+1. A substance classified in Schedule I or II, except for
1609+marijuana, upon conviction, shall be guilty of transporting or
1610+possessing with an intent to distribute a controlled dangerous
1611+substance, a felony, and shall be sentenc ed to a term of
1612+imprisonment in the custody of the Department of Corrections for not
1613+more than seven (7) years and a fine of not more than One Hundred
1614+
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1642+Thousand Dollars ($100,000.00), which shall be in addition to other
1643+punishment provided by law and shall not be imposed in lieu of other
1644+punishment. A second conviction for the violation of provisions of
1645+this paragraph is a felony punishable by a term of imprisonment i n
1646+the custody of the Department of Corrections for not more than
1647+fourteen (14) years. A th ird or subsequent conviction for the
1648+violation of the provisions of this paragraph is a felony punishable
1649+by a term of imprisonment in the custody of the Department of
1650+Corrections for not more than twenty (20) years;
1651+2. Any other controlled dangerous subs tance classified in
1652+Schedule III, IV, V or marijuana, upon conviction, shall be guilty
1653+of a felony and shall be sentenced to a term of imprisonment in the
1654+custody of the Department of Corrections for not more than five (5)
1655+years and a fine of not more than Twenty Thousand Dollars
1656+($20,000.00), which shall be in addition to other punishment
1657+provided by law and shall not be imposed in lieu of other
1658+punishment. A second conviction for the violation of the provisions
1659+of this paragraph is a felony punishable by a term of imprisonment
1660+in the custody of the Department of Corrections for not more than
1661+ten (10) years. A third or subsequent conviction for the violation
1662+of the provisions of this paragraph is a felony punishable by a term
1663+of imprisonment in the custod y of the Department of Corrections for
1664+not more than fifteen (15) years; or
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1693+3. An imitation controlled substance as defined by Section 2-
1694+101 of this title, upon con viction, shall be guilty of a misdemeanor
1695+and shall be sentenced to a term of imprisonment in the county jail
1696+for a period of not more than one (1) year and a fine of not more
1697+than One Thousand Dollars ($1,000.00). A person convicted of a
1698+second violation of the provisions of this paragraph shall be guilty
1699+of a felony and shall be sentenced to a term of imprisonment in the
1700+custody of the Department of Corrections for not more than two (2)
1701+years and a fine of not more than Five Thousand Dollars ($5,000.00),
1702+which shall be in addition to other punishment provided by law and
1703+shall not be imposed in lieu of other punishment.
1704+C. 1. Except when authorized by the Food and Drug
1705+Administration of the United States Department of Health and Human
1706+Services, it shall be unlawful for any person to manufacture or
1707+distribute a controlled substance or synthetic controlled substance.
1708+2. Any person convicted of violating the provisions of
1709+paragraph 1 of this subsection with respect to distributing a
1710+controlled substance is guilty of a felony and shall be punished by
1711+imprisonment in the custody of the Department o f Corrections for a
1712+term not to exceed ten (10) years and a fine of not more than
1713+Twenty-five Thousand Dollars ($25,000.00), which shall be in
1714+addition to other puni shment provided by law and shall not be
1715+imposed in lieu of other punishment.
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1744+3. A second conviction for the violation of the provisions of
1745+paragraph 1 of this subsection with respect to distributing a
1746+controlled substance is a felony punishable by impriso nment in the
1747+custody of the Department of Corrections for a term not less than
1748+two (2) years nor more than twenty (20) years. A third or
1749+subsequent conviction for the violation of the provisions of this
1750+paragraph is a felony punishable by imprisonment in the custody of
1751+the Department of Corrections for a term not less than ten (10)
1752+years nor more than life.
1753+4. Any person convicted of violating the provisions of
1754+paragraph 1 of this subsection with respect to manufacturing a
1755+controlled substance is guilty o f a felony and shall be punished by
1756+imprisonment in the custody of the Department of Correc tions for a
1757+term not to exceed ten (10) years and a fine of not more than
1758+Twenty-five Thousand Dollars ($25,000.00), which shall be in
1759+addition to other punishment p rovided by law and shall not be
1760+imposed in lieu of other punishment.
1761+5. A second convictio n for the violation of the provisions of
1762+paragraph 1 of this subsection with respect to manufacturing a
1763+controlled substance is a felony punishable by imprisonment i n the
1764+custody of the Department of Corrections for a term not less than
1765+two (2) years nor more than twenty (20) years. A third or
1766+subsequent conviction for the violation of the provisions of this
1767+paragraph is a felony punishable by imprisonment in the cus tody of
1768+
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1796+the Department of Corrections for a term not less than ten (10)
1797+years nor more than life.
1798+D. Convictions for violations of the provisions of this section
1799+shall be subject to the statutory provisions for suspended or
1800+deferred sentences, or probatio n as provided in Section 991a of
1801+Title 22 of the Oklahoma Statutes.
1802+E. Any person who is a t least eighteen (18) years of age and
1803+who violates the provisions of this section by using or soliciting
1804+the use of services of a person less than eighteen (18) yea rs of age
1805+to distribute, dispense, transport with intent to distribute or
1806+dispense or cultivate a controlled dangerous substance or by
1807+distributing a controlled dangerous substance to a person under
1808+eighteen (18) years of age, or in the presence of a perso n under
1809+twelve (12) years of age, is punishable by:
1810+1. For a first violation of this secti on, a term of
1811+imprisonment in the custody of the Department of Corrections not
1812+less than two (2) years nor more than ten (10) years;
1813+2. For a second violation of th is section, a term of
1814+imprisonment in the custody of the Department of Corrections for not
1815+less than four (4) years nor more than twenty (20) years; or
1816+3. For a third or subsequent violation of this section, a term
1817+of imprisonment in the custody of the De partment of Corrections for
1818+not less than ten (10) years nor more than life.
1819+
1820+HB1777 HFLR Page 36
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1847+F. Any person who violates any provision of this section by
1848+transporting with intent to distribute or dispense, distributing or
1849+possessing with intent to distribute a controlled dangerous
1850+substance to a person, or violation of subsection G of this section,
1851+in or on, or within two thousand (2,000) feet of the real property
1852+comprising a public or private elementary or secondary school,
1853+public vocational school, public or private col lege or university,
1854+or other institution of higher education, recreation center or
1855+public park, including state parks and recreation areas, public
1856+housing project, or child care facility as defined by Section 402 of
1857+Title 10 of the Oklahoma Statutes, shall be punished by:
1858+1. For a first offense, a term of imprisonment in the custody
1859+of the Department of Corrections, or by the imposition of a fine or
1860+by both, not exceeding twice that authorized by the appropriate
1861+provision of this section; or
1862+2. For a second or subsequent violation of this section, a term
1863+of imprisonment in the custody of the De partment of Corrections, or
1864+by the imposition of a fine or by both, not exceeding thrice that
1865+authorized by the appropriate provision of this section.
1866+Convictions for second and subsequent violations of the provisions
1867+of this section shall not be subject to statutory provisions of
1868+suspended sentences, deferred sentences or probation.
1869+G. 1. Except as authorized by the Uniform Controlled Dangerous
1870+Substances Act, it shall be unlawful for any person to manufacture
1871+
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1899+or attempt to manufacture any controlled da ngerous substance or
1900+possess any substance listed in Section 2-322 of this title or any
1901+substance containing any detectable amount of pseudoephedrine or its
1902+salts, optical isomers or salts of optical isomers, iodine or its
1903+salts, optical isomers or salts o f optical isomers, hydriodic acid,
1904+sodium metal, lithium metal, anhydrous ammonia, phosphorus, or
1905+organic solvents with the intent to use that substance to
1906+manufacture a controlled dangerous substance.
1907+2. Any person violating the provisions of this subsec tion with
1908+respect to the unlawful manufacturing or attempting to unlawfully
1909+manufacture any controlled dangerous substance, or possessing any
1910+substance listed in thi s subsection or Section 2-322 of this title,
1911+upon conviction, is guilty of a felony and sha ll be punished by
1912+imprisonment for not less than seven (7) years nor more than life
1913+and by a fine of not less than Fifty Thousand Dollars ($50,000.00),
1914+which shall be in addition to other punishment provided by law and
1915+shall not be imposed in lieu of other punishment. The possession of
1916+any amount of anhydrous ammonia in an unauthorized container shall
1917+be prima facie evidence of intent to use such substance to
1918+manufacture a controlled dangerous substance.
1919+3. Any person violating the provisions of this subs ection with
1920+respect to the unlawful manufacturing or attempting to unlawfully
1921+manufacture any controlled dangerous substance in the following
1922+amounts:
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1951+a. one (1) kilogram or more of a mixture or substance
1952+containing a detectable amount of heroin,
1953+b. five (5) kilograms or more of a mixture or substance
1954+containing a detectable amount of:
1955+(1) coca leaves, except coca leaves and extracts of
1956+coca leaves from which cocaine, ecgonine, and
1957+derivatives of ecgonine or their salts have been
1958+removed,
1959+(2) cocaine, its salts, optical and geometric
1960+isomers, and salts of isomers,
1961+(3) ecgonine, its derivatives, their salts, isomers,
1962+and salts of isomers, or
1963+(4) any compound, mixture, o r preparation which
1964+contains any quantity of any of the substances
1965+referred to in divisions (1) through (3) of this
1966+subparagraph,
1967+c. fifty (50) grams or more of a mixture or substance
1968+described in division (2) of subparagraph b of this
1969+paragraph which cont ains cocaine base,
1970+d. one hundred (100) grams or more of phencyclidine (PCP)
1971+or 1 kilogram or more of a mixture or substance
1972+containing a detectable amount of phencyclidine (PCP),
1973+
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2001+e. ten (10) grams or more of a mixture or substance
2002+containing a detectable amount of lysergic acid
2003+diethylamide (LSD),
2004+f. four hundred (400) grams or more of a mixtur e or
2005+substance containing a detectable amount of N-phenyl-
2006+N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100
2007+grams or more of a mixture or substance containing a
2008+detectable amount of any analogue of N-phenyl-N-[1-(2-
2009+phenylethyl)-4-piperidinyl] propanamid e,
2010+g. one thousand (1,000) kilograms or more of a mixture or
2011+substance containing a detectable amount of marihuana
2012+marijuana or one thousand (1,000) or more marihuana
2013+marijuana plants regardless of weight, or
2014+h. fifty (50) grams or more of methamphetamine, its
2015+salts, isomers, and salts of its isomers or 500 grams
2016+or more of a mixture or substance containing a
2017+detectable amount of methamphetamine, its salts,
2018+isomers, or salts of its isomers,
2019+upon conviction, is guilty of aggravated manufacturing a controlled
2020+dangerous substance punishable by imprisonment for not less than
2021+twenty (20) years nor more than life and by a fine of not less than
2022+Fifty Thousand Dollars ($50,000.00), which shall be in addition to
2023+other punishment provided by law and shall not be impos ed in lieu of
2024+other punishment. Any person convicted of a violation of the
2025+
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2053+provisions of this paragraph shall be required to serve a minimum of
2054+eighty-five percent (85%) of the sentence received prior to becoming
2055+eligible for state correctional earned cre dits towards the
2056+completion of the sentence or eligible for parole.
2057+4. Any sentence to the custody of the Department of Corrections
2058+for any violation of paragraph 3 of this subsection shall not be
2059+subject to statutory provisions for suspended sentences, d eferred
2060+sentences, or probation. A person convicted of a second or
2061+subsequent violation of the provisions of paragraph 3 of this
2062+subsection shall be punished as a habitual offender pursuant to
2063+Section 51.1 of Title 21 of the Oklahoma Statutes and shall be
2064+required to serve a minimum of eighty-five percent (85%) of the
2065+sentence received prior to becoming eligible for state correctional
2066+earned credits or eligibility for parole.
2067+5. Any person who has been convicted of manufacturing or
2068+attempting to manufactu re methamphetamine pursuant to the provisions
2069+of this subsection and who, after such conviction, purchases or
2070+attempts to purchase, receive or otherwise acquire any product,
2071+mixture, or preparation containing any detectable quantity of base
2072+pseudoephedrine or ephedrine shall, upon conviction, be guilty of a
2073+felony punishable by imprisonment in the custody of the Department
2074+of Corrections for a term in the range of twice the minimum term
2075+provided for in paragraph 2 of this subsection.
2076+
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2104+H. Any person convicte d of any offense described in the Uniform
2105+Controlled Dangerous Substances Act may, in addition to the fine
2106+imposed, be assessed an amount not to exceed ten percent (10%) of
2107+the fine imposed. Such assessment shall be paid into a revolving
2108+fund for enforcement of controlled dangerous substances created
2109+pursuant to Section 2-506 of this title.
2110+I. Any person convicted of any offense described in this
2111+section shall, in addition to any fine imposed, pay a special
2112+assessment trauma-care fee of One Hundred Dollar s ($100.00) to be
2113+deposited into the Trauma Care Assistance Revolving Fund created in
2114+Section 1-2522 of this title.
2115+J. For purposes of this section, "public housing project" means
2116+any dwelling or accommodations operated as a state or federally
2117+subsidized multifamily housing project by any housing authority,
2118+nonprofit corporation or municipal developer or housing projects
2119+created pursuant to the Oklahoma Housing Authorities Act.
2120+K. When a person is found guilty of a violation of the
2121+provisions of this sect ion, the court shall order, in addition to
2122+any other penalty, the defendant to pay a one-hundred-dollar
2123+assessment to be deposited in the Drug Abuse Education and Treatment
2124+Revolving Fund created in Section 2-503.2 of this title, upon
2125+collection.
2126+L. J. Any person convicted of a second or subsequent felony
2127+violation of the provisions of this section, except for paragraphs 1
2128+
2129+HB1777 HFLR Page 42
2130+BOLD FACE denotes Committee Amendments.
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2155+
2156+and 2 of subsection B of this section, paragraphs 2, 3, 4 and 5 of
2157+subsection C of this section, paragraphs 1, 2, and 3 of subsection E
2158+of this section and paragraphs 1 and 2 of subsection F of this
2159+section, shall be punished as a habitual offender pursuant to
2160+Section 51.1 of Title 21 of the Oklahoma Statutes.
2161+SECTION 9. AMENDATORY 63 O.S. 2021, Section 2 -402, as
2162+last amended by Section 1, Chapter 220, O.S.L. 2016, is amended to
2163+read as follows:
2164+Section 2-402. A. 1. It shall be unlawful for any person
2165+knowingly or intentionally to possess a controlled dangerous
2166+substance unless such substance was obta ined directly, or pursuant
2167+to a valid prescription or order from a practitioner, while acting
2168+in the course of his or her professional practice, or except as
2169+otherwise authorized by this act.
2170+2. It shall be unlawful for any person to purchase any
2171+preparation excepted from the provisions of the Uniform Controlled
2172+Dangerous Substances Act pursuant to Section 2-313 of this title in
2173+an amount or within a time interval other than that permitted by
2174+Section 2-313 of this title.
2175+3. It shall be unlawful for any pe rson or business to sell,
2176+market, advertise or label any product containing ephedrine, its
2177+salts, optical isomers, or salts of optical isomers, for the
2178+indication of stimulat ion, mental alertness, weight loss, appetite
2179+control, muscle development, energy o r other indication which is not
2180+
2181+HB1777 HFLR Page 43
2182+BOLD FACE denotes Committee Amendments.
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2208+approved by the pertinent federal OTC Final Monograph, Tentative
2209+Final Monograph, or FDA-approved new drug application or its legal
2210+equivalent. In determining compliance with this requirement, the
2211+following factors shall be considered:
2212+a. the packaging of the product,
2213+b. the name of the product, and
2214+c. the distribution and promotion of the product,
2215+including verbal representations made at the p oint of
2216+sale.
2217+B. Any person who violates this section with respect to:
2218+1. Any Schedule I or II substance, except marijuana or a
2219+substance included in subsection D of Section 2-206 of this title,
2220+is guilty of a felony punishable by imprisonment for not mo re than
2221+five (5) years and by a fine not exceeding Five Thousand Dollars
2222+($5,000.00). A second violation of this section with respect to a
2223+Schedule I or II substance, except marijuana or a substance included
2224+in subsection D of Section 2-206 of this title, is a felony
2225+punishable by imprisonment for not more than ten (10) years and by a
2226+fine not exceeding Ten Thousand Dollars ($10,000.00). A third or
2227+subsequent violation of this section with respect to a Schedule I or
2228+II substance, except marijuana or a sub stance included in subsection
2229+D of Section 2-206 of this title, is a felony punish able by
2230+imprisonment for not less than four (4) years nor more than fifteen
2231+
2232+HB1777 HFLR Page 44
2233+BOLD FACE denotes Committee Amendments.
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2259+(15) years and by a fine not exceeding Ten Thousand Dollars
2260+($10,000.00);
2261+2. Any Schedule III, IV or V substance, marijuana, a substance
2262+included in subsection D of Section 2 -206 of this title, or any
2263+preparation excepted from the provisions of the Uniform Controlled
2264+Dangerous Substances Act is guilty of a misdemeanor punishable by
2265+confinement for not more than one (1) year and by a fine not
2266+exceeding One Thousand Dollars ($1,000.0 0);
2267+3. Any Schedule III, IV or V substance, marijuana, a substance
2268+included in subsection D of Section 2-206 of this title, or any
2269+preparation excepted from the provisions o f the Uniform Controlled
2270+Dangerous Substances Act and who, during the period of an y court-
2271+imposed probationary term or within ten (10) years of the date
2272+following the completion of the execution of any sentence or
2273+deferred judgment for a violation of this section, commits a second
2274+or subsequent violation of this section shall, upon conv iction, be
2275+guilty of a felony punishable by imprisonment in the custody of the
2276+Department of Corrections for not less than one (1) year nor more
2277+than five (5) years and by a fine not exceeding Five Thousand
2278+Dollars ($5,000.00); or
2279+4. Any Schedule III, IV or V substance, marijuana, a substance
2280+included in subsection D of Section 2-206 of this title, or any
2281+preparation excepted from the provisions of the Uniform Controlled
2282+Dangerous Substances Act and who, ten (10) or more years following
2283+
2284+HB1777 HFLR Page 45
2285+BOLD FACE denotes Committee Amendments.
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2311+the date of completion of the execution of any sentence or deferred
2312+judgment for a violation of this section, commits a second or
2313+subsequent violation of this section shall, upon conviction, be
2314+guilty of a felony punishable by imprisonment in the custody of the
2315+Department of Corrections for not less than one (1) year nor more
2316+than five (5) years and by a fine not exceeding Five Thousand
2317+Dollars ($5,000.00).
2318+C. Any person who violates any provis ion of this section by
2319+possessing or purchasing a controlled dangerous substance f rom any
2320+person, in or on, or within one thousand (1,000) feet of the real
2321+property comprising a public or private elementary or secondary
2322+school, public vocational school, pu blic or private college or
2323+university, or other institution of higher education, r ecreation
2324+center or public park, including state parks and recreation areas,
2325+or in the presence of any child under twelve (12) years of age,
2326+shall be guilty of a felony and p unished by:
2327+1. For a first offense, a term of imprisonment, or by the
2328+imposition of a fine, or by both, not exceeding twice that
2329+authorized by the appropriate provision of this section. In
2330+addition, the person shall serve a minimum of fifty percent (50%) of
2331+the sentence received prior to becoming eligible for state
2332+correctional institution earned credits toward the completion of
2333+said the sentence; or
2334+
2335+HB1777 HFLR Page 46
2336+BOLD FACE denotes Committee Amendments.
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2361+
2362+2. For a second or subsequent offense, a term of imprisonment
2363+not exceeding three times that authorized b y the appropriate
2364+provision of this section and the person shall serve a minimum o f
2365+ninety percent (90%) of the sentence received prior to becoming
2366+eligible for state correctional institution earned credits toward
2367+the completion of said the sentence, and imposition of a fine not
2368+exceeding Ten Thousand Dollars ($10,000.00).
2369+D. Any person convicted of any offense described in this
2370+section shall, in addition to any fine imposed, pay a special
2371+assessment trauma-care fee of One Hundred Dollars ($100.00) to be
2372+deposited into the Trauma Care Assistance Revolving Fund created in
2373+Section 1-2530.9 of this title.
2374+SECTION 10. AMENDATORY 63 O.S. 2021, Section 2-404, is
2375+amended to read as follows:
2376+Section 2-404. A. It shall be unlawful for any person:
2377+1. Who is subject to the requirements of Article III of this
2378+act Section 2-301 et seq. of this title to distribute or dispense a
2379+controlled dangerous substance in violation of Section 2-308 of this
2380+title;
2381+2. Who is a registrant to manufacture, di stribute, or dispense
2382+a controlled dangerous substance not authorized by his regi stration
2383+to another registrant or other authorized person;
2384+
2385+HB1777 HFLR Page 47
2386+BOLD FACE denotes Committee Amendments.
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2411+
2412+3. To omit, remove, alter, or obliterate a symbol required by
2413+the Federal Controlled Substances Act or this act Section 2-101 et
2414+seq. of this title;
2415+4. To refuse or fail to make, keep , or furnish any record,
2416+notification, order form, statement, invoice, or information
2417+required under this act Section 2-101 et seq. of this title;
2418+5. To refuse any entry into any premises or inspection
2419+authorized by this act Section 2-101 et seq. of this title ; or
2420+6. To keep or maintain any store, shop, warehouse, dwelling
2421+house, building, vehicle, boat, aircraft, or any place whatever,
2422+which is resorted to by persons using controlled dang erous
2423+substances in violation of this act Section 2-101 et seq. of this
2424+title for the purpose of using such substances, or which is used for
2425+the keeping or selling of the same in violation of this act Section
2426+2-101 et seq. of this title.
2427+B. Any person who violates this section is punishable by a
2428+civil fine of not more than One Thousand Dollars ($1,000.00);
2429+provided, that, if the violation is prosecuted by an information or
2430+indictment which alleges that the violation was committed knowingly
2431+or intentionally, and the trier of fact specifically finds that the
2432+violation was committed knowingly or i ntentionally, such person is
2433+guilty of a felony punishable by imprisonment for not more than five
2434+(5) years, and a fine of not more than Ten Thousand Dollars
2435+($10,000.00), except that if such person is a corporation it shall
2436+
2437+HB1777 HFLR Page 48
2438+BOLD FACE denotes Committee Amendments.
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2440+2
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2463+
2464+be subject to a civil penalty of not more than One Hundred Thousand
2465+Dollars ($100,000.00). The fine provided for in this subsection
2466+shall be in addition to other punishments provided by law and sh all
2467+not be in lieu of other punishment.
2468+C. Any person convicted of a second or subsequent violation of
2469+this section is punishable by a term of imprisonment twice that
2470+otherwise authorized and by twice the fine otherwise authorized.
2471+The fine provided for in this subsection shall be in addition to
2472+other punishments provided by law and shall not be in lieu of other
2473+punishment.
2474+D. Any person convicted of any offense described in this
2475+section shall, in addition to any fine imposed, pay a special
2476+assessment trauma-care fee of One Hundred Dollars ($100.00) to be
2477+deposited into the Trauma Care Assist ance Revolving Fund created in
2478+Section 1-2522 of this title.
2479+SECTION 11. AMENDATORY 63 O.S. 2021, Section 2-405, is
2480+amended to read as follow s:
2481+Section 2-405. A. No person shall use tincture of opium,
2482+tincture of opium camphorate d, or any derivative thereof, by the
2483+hypodermic method, either with or without a medical prescription
2484+therefor.
2485+B. No person shall use drug paraphernalia to plant, p ropagate,
2486+cultivate, grow, harvest, manufacture, compound, convert, produce,
2487+process, prepare, test, analyze, pack, repack, store, contain,
2488+
2489+HB1777 HFLR Page 49
2490+BOLD FACE denotes Committee Amendments.
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2515+
2516+conceal, inject, ingest, inhale or otherwise introduce into the
2517+human body a controlled dangerous substance in viola tion of the
2518+Uniform Controlled Dangerous Substances Act, except those persons
2519+holding an unrevoked license in the professions of podiatry,
2520+dentistry, medicine, nursing, optometry, osteopathy, veterinary
2521+medicine or pharmacy.
2522+C. No person shall deliver, se ll, possess or manufacture drug
2523+paraphernalia knowing, or under circumstances where one re asonably
2524+should know, that it will be used to plant, propagate, cultivate,
2525+grow, harvest, manufacture, compound, convert, produce, process,
2526+prepare, test, analyze, pa ck, repack, store, contain, conceal,
2527+inject, ingest, inhale or otherwise introduce into th e human body a
2528+controlled dangerous substance in violation of the Uniform
2529+Controlled Dangerous Substances Act.
2530+D. Any person eighteen (18) years of age or over who v iolates
2531+subsection C of this section by delivering or selling drug
2532+paraphernalia to a pers on under eighteen (18) years of age shall,
2533+upon conviction, be guilty of a felony.
2534+E. Any person who violates subsections subsection A, B or C of
2535+this section shall, upon convi ction, be guilty of a misdemeanor
2536+punishable as follows:
2537+1. For a first offens e the person shall be punished by
2538+imprisonment in the county jail for not more than one (1) year or by
2539+
2540+HB1777 HFLR Page 50
2541+BOLD FACE denotes Committee Amendments.
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2566+
2567+a fine of not more than One Thousand Dollars ($1,000.00), or both
2568+such fine and imprisonment;
2569+2. For a second offense the person shall be punished by
2570+imprisonment in the county jail for not more than one (1) year or by
2571+a fine of not more than Five Thousand Dollars ($5,000.00), or both
2572+such fine and imprisonment; and
2573+3. For a third or subsequent offense the person shall be
2574+punished by imprisonment in the county jail for not more than one
2575+(1) year or by a fine of not more than Ten Thousand Dollars
2576+($10,000.00), or both such fine and imprisonment.
2577+F. Any person convicted of any o ffense described in this
2578+section shall, in addition to any fine imposed, pay a special
2579+assessment trauma-care fee of One Hundred Dollars ($100.00) to be
2580+deposited into the Trauma Care Assistance Revolving Fund created in
2581+Section 1-2522 of this title.
2582+SECTION 12. AMENDATORY 63 O.S. 2021, Section 2 -406, is
2583+amended to read as follows:
2584+Section 2-406. A. It shall be unlawful for any registrant
2585+knowingly or intentionally:
2586+1. To distribute, other than by dispensing or as otherwise
2587+authorized by this act Section 2-101 et seq. of this title, a
2588+controlled dangerous s ubstance classified in Schedules I or II, in
2589+the course of his legitimate business, except pursuant to an order
2590+form as required by Section 2-308 of this title;
2591+
2592+HB1777 HFLR Page 51
2593+BOLD FACE denotes Committee Amendments.
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2619+2. To use in the course of the manufacture or distribution of a
2620+controlled dangerous substance a registration number which is
2621+fictitious, revoked, suspended or issued to another person;
2622+3. To acquire or obtain possession of a controlled dangerous
2623+substance by misrepresentation, fraud, forgery, deception or
2624+subterfuge;
2625+4. To furnish false or fraud ulent material information in, or
2626+omit any material information from, any application, report, or
2627+other document required to be kept or filed under this act Section
2628+2-101 et seq. of this title, or any record required to be kept by
2629+this act Section 2-101 et seq. of this title; and
2630+5. To make, distribute, or possess any punch, die, plate,
2631+stone, or other thing designed to print, imprint, or reproduce the
2632+trademark, trade name, or other identifying mark, imprint, or device
2633+of another or any li keness of any of the foregoing upon any drug or
2634+container or labeling thereof so as to render such drug a
2635+counterfeit controlled dangerous substance.
2636+B. Any person who violat es this section is guilty of a felony
2637+punishable by imprisonment for not more tha n twenty (20) years or a
2638+fine of not more than Two Hundred Fifty Thousand Dollars
2639+($250,000.00), or both.
2640+C. Any person convicted of a second or subsequent violation of
2641+this section is punishable by a term of imprisonment twice that
2642+otherwise authorized a nd by twice the fine otherwise authorized.
2643+
2644+HB1777 HFLR Page 52
2645+BOLD FACE denotes Committee Amendments.
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2671+Convictions for second or subsequent violations of this section
2672+shall not be subject to statutory provisions for suspended
2673+sentences, deferred sentences, or probation.
2674+D. Any person convicted of any offense desc ribed in this
2675+section shall, in addition to any fine imposed, pay a special
2676+assessment trauma-care fee of One Hundred Dollars ($100.00) to be
2677+deposited into the Trauma Care Ass istance Revolving Fund created in
2678+Section 1-2522 of this title.
2679+SECTION 13. AMENDATORY 63 O.S. 2021, Section 2-407, is
2680+amended to read as follows:
2681+Section 2-407. A. No person shall obtain or attempt to obtain
2682+any preparation excepted fr om the provisions of the Uniform
2683+Controlled Dangerous Substances Act purs uant to Section 2-313 of
2684+this title in a manner inconsistent with the provisions of paragraph
2685+1 of subsection B of Section 2-313 of this title, or a controlled
2686+dangerous substance or procure or attempt to procure the
2687+administration of a controlled dangerou s substance:
2688+1. By fraud, deceit, misrepresentation, or subterfuge;
2689+2. By the forgery of, alteration of, adding any information to
2690+or changing any information on a prescription or o f any written
2691+order;
2692+3. By the concealment of a material fact;
2693+4. By the use of a false name or the giving of a false address;
2694+or
2695+
2696+HB1777 HFLR Page 53
2697+BOLD FACE denotes Committee Amendments.
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2723+5. By knowingly failing to disclose the receipt of a controlled
2724+dangerous substance or a prescription for a controlled dang erous
2725+substance of the same or similar therapeutic use from another
2726+practitioner within the previous thirty (30) days.
2727+B. Except as authorized by this act Section 2-101 et seq. of
2728+this title, a person shall not manufacture, create, deliver, or
2729+possess with intent to manufacture, create, or deliver or possess a
2730+prescription form, an original prescription form, or a counterfeit
2731+prescription form. This shall not apply to the legitimate
2732+manufacture or delivery of prescription forms, or a person acting as
2733+an authorized agent of the practitioner.
2734+C. Information communicated to a physi cian in an effort
2735+unlawfully to procure a controlled dangerous substance, or
2736+unlawfully to procure the administration of any such drug, shall not
2737+be deemed a privileged communication.
2738+D. Any person who violates this section is guilty of a felony
2739+punishable by imprisonment for not more than ten (10) years, by a
2740+fine of not more than Ten Thousand Dollars ($10,000.00), or by both
2741+such fine and imprisonment. A second or subsequent offense under
2742+this section is a felony punishable by imprisonment for not less
2743+than four (4) years nor more than twenty (20) years, by a fine of
2744+not more than Twenty Thousand Dollars ($20,000.00), or by both such
2745+fine and imprisonment.
2746+
2747+HB1777 HFLR Page 54
2748+BOLD FACE denotes Committee Amendments.
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2750+2
2751+3
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2774+E. Convictions for second or subsequent violations of this
2775+section shall not be subject to statuto ry provisions for suspended
2776+sentences, deferred sentences, or probation.
2777+F. Any person convicted of any offense described in this
2778+section shall, in addition to any fine imposed, pay a special
2779+assessment trauma-care fee of One Hundred Dollars ($100.00) to be
2780+deposited into the Trauma Care Assistance Revolving Fund created in
2781+Section 1-2530.9 of this title.
2782+SECTION 14. AMENDATORY 63 O.S. 2021, Section 2-407.1, is
2783+amended to read as follows:
2784+Section 2-407.1 A. For the purpose of inducing intoxication or
2785+distortion or disturbance of the auditory, visual, muscular, or
2786+mental process, no person shall ingest, use, or possess any
2787+compound, liquid, or chemical w hich contains ethylchloride, butyl
2788+nitrite, isobutyl nitrite, secondary but yl nitrite, tertiary butyl
2789+nitrite, amyl nitrite, isopropyl nitrite, isopentyl nitrite, or
2790+mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl
2791+nitrite, tertiary but yl nitrite, amyl nitrite, isopropyl nitrite,
2792+isopentyl nitrite, or any of t heir esters, isomers, or analogues, or
2793+any other similar compound.
2794+B. No person shall possess, buy, sell, or otherwise transfer
2795+any substance specified in subsection A of this sect ion for the
2796+purpose of inducing or aiding any other person to inhale or ing est
2797+such substance or otherwise violate the provisions of this section.
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2799+HB1777 HFLR Page 55
2800+BOLD FACE denotes Committee Amendments.
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2826+C. The provisions of subsections A and B of this section shall
2827+not apply to:
2828+1. The possession and use of a substance specified in
2829+subsection A of this section which is used as part of the care or
2830+treatment by a licensed physician of a disease, condition or injury
2831+or pursuant to a prescription of a licensed physician; and
2832+2. The possession of a substance speci fied in subsection A of
2833+this section which is used as part of a known manuf acturing process
2834+or industrial operation when the possessor has obtained a permit
2835+from the State Department of Health.
2836+D. The State Board of Health shall promulgate rules and
2837+regulations establishing procedures for the application, form and
2838+issuance of a permit to legitimate manufacturing and industrial
2839+applicants as provided for in subsection C of this section.
2840+E. Any person convicted of violating any provision of
2841+subsection A or B of this section shall be guilty of a misdemeanor
2842+punishable by imprisonme nt in the county jail not to exceed ninety
2843+(90) days or by the imposition of a fine not to exceed Five Hundred
2844+Dollars ($500.00), or by both such imprisonment and fine. Each
2845+violation shall be considered a separate offense.
2846+F. Any person convicted of any offense described in this
2847+section shall, in addition to any fine imposed, pay a special
2848+assessment trauma-care fee of One Hundred Dollars ($100.00) to be
2849+
2850+HB1777 HFLR Page 56
2851+BOLD FACE denotes Committee Amendments.
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2877+deposited into the Trauma Care Assistance Revolving Fund created in
2878+Section 1-2522 of this title.
2879+SECTION 15. AMENDATORY 63 O.S. 2021, Section 2-415, is
2880+amended to read as follows:
2881+Section 2-415. A. The provisions of the Trafficking in Illegal
2882+Drugs Act shall appl y to persons convicted of violations with
2883+respect to the following su bstances:
2884+1. Marijuana;
2885+2. Cocaine or coca leaves;
2886+3. Heroin;
2887+4. Amphetamine or methamphetamine;
2888+5. Lysergic acid diethylamide (LSD);
2889+6. Phencyclidine (PCP);
2890+7. Cocaine base, commonly known as "crack" or "rock";
2891+8. 3,4-Methylenedioxy methamphetamine, commonly known as
2892+"ecstasy" or MDMA;
2893+9. Morphine;
2894+10. Oxycodone;
2895+11. Hydrocodone;
2896+12. Benzodiazepine; or
2897+13. Fentanyl and its analogs and derivatives.
2898+B. Except as otherwise auth orized by the Uniform Controlled
2899+Dangerous Substances Act, it shall b e unlawful for any person to:
2900+
2901+HB1777 HFLR Page 57
2902+BOLD FACE denotes Committee Amendments.
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2928+1. Knowingly distribute, manufacture, bring into this state or
2929+possess a controlled substance specified in subsection A of this
2930+section in the quantities sp ecified in subsection C of this section;
2931+2. Possess any controlled s ubstance with the intent to
2932+manufacture a controlled substance specified in subsection A of this
2933+section in quantities specified in subsection C of this section; or
2934+3. Use or solicit the use of services of a person less than
2935+eighteen (18) years of age to distribute or manufacture a controlled
2936+dangerous substance specified in subsection A of this section in
2937+quantities specified in subsection C of this section.
2938+Violation of this section shall be known as "trafficking in
2939+illegal drugs". Separate types of con trolled substances described
2940+in subsection A of this section when possessed at the same time in
2941+violation of any provision of this section shall constitute a
2942+separate offense for each sub stance.
2943+Any person who commits the conduct described in paragraph 1, 2
2944+or 3 of this subsection and represents the quantity of the
2945+controlled substance to be an amount described in subsection C of
2946+this section shall be punished under the provisions appropri ate for
2947+the amount of controlled substance represented, regardless of the
2948+actual amount.
2949+C. In the case of a violation of the provisions of subsection B
2950+of this section, involving:
2951+1. Marijuana:
2952+
2953+HB1777 HFLR Page 58
2954+BOLD FACE denotes Committee Amendments.
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2979+
2980+a. twenty-five (25) pounds or more of a mixture or
2981+substance containing a detectable amount of marijuana
2982+shall be punishable by a fine of not less than Twenty-
2983+five Thousand Dollars ($25,000.00) and not more than
2984+One Hundred Thousand Dollars ($100,000.00), or
2985+b. one thousand (1,000) pounds or more of a mixture or
2986+substance containing a detectable amount of marijuana
2987+shall be deemed aggravated trafficking punishable by a
2988+fine of not less than One Hundred Thousand Dollars
2989+($100,000.00) and not more than Five Hundred Thousand
2990+Dollars ($500,000.00);
2991+2. Cocaine, coca leaves or cocaine base:
2992+a. twenty-eight (28) grams or more of a mixture or
2993+substance containing a detectable amount of cocaine,
2994+coca leaves or cocaine base shall be punishable by a
2995+fine of not less than Twenty-five Thousand Dollars
2996+($25,000.00) and not more than One Hundred Thousand
2997+Dollars ($100,000.00),
2998+b. three hundred (300) grams or more of a mixture or
2999+substance containing a detectable amount of cocaine,
3000+coca leaves or cocaine base shall be punishable by a
3001+fine of not less than One Hundred Thousand Dolla rs
3002+($100,000.00) and not more than Five Hundred Thousand
3003+Dollars ($500,000.00), or
3004+
3005+HB1777 HFLR Page 59
3006+BOLD FACE denotes Committee Amendments.
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3031+
3032+c. four hundred fifty (450) grams or more of a mixture or
3033+substance containing a detectable amount of cocaine,
3034+coca leaves or cocaine base shall be deemed aggravated
3035+trafficking punishable by a fine of not less than One
3036+Hundred Thousand Dolla rs ($100,000.00) and not more
3037+than Five Hundred Thousand Dollars ($500,000.00);
3038+3. Heroin:
3039+a. ten (10) grams or more of a mixture or substance
3040+containing a detectable amount of heroin sh all be
3041+punishable by a fine of not less than Twenty-five
3042+Thousand Dollars ($25,000.00) and not more than Fifty
3043+Thousand Dollars ($50,000.00), or
3044+b. twenty-eight (28) grams or more of a mixture or
3045+substance containing a detectable amount of heroin
3046+shall be deemed aggravated trafficking punishable by a
3047+fine of not less than Fifty Thousand Dollars
3048+($50,000.00) and not more than Five Hundred Thousand
3049+Dollars ($500,000.00);
3050+4. Amphetamine or methamphetamine:
3051+a. twenty (20) grams or more of a mixture or substanc e
3052+containing a detectable amount of amphetamine or
3053+methamphetamine shall be punishable by a fine of not
3054+less than Twenty-five Thousand Dollars ($25,000.00)
3055+
3056+HB1777 HFLR Page 60
3057+BOLD FACE denotes Committee Amendments.
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3082+
3083+and not more than Two Hundred Thousand Dollars
3084+($200,000.00),
3085+b. two hundred (200) grams or more of a mixture or
3086+substance containing a detectable amount of
3087+amphetamine or methamphetamine shall be punishable by
3088+a fine of not less than Fifty Thousand Dollars
3089+($50,000.00) and not more than Five Hundred Thousand
3090+Dollars ($500,000.00), or
3091+c. four hundred fifty (450) grams or more of a mixture or
3092+substance containing a detecta ble amount of
3093+amphetamine or methamphetamine shall be deemed
3094+aggravated trafficking punishable by a fine of not
3095+less than Fifty Thousand Dollars ($50,000.00) and not
3096+more than Five Hundre d Thousand Dollars ($500,000.00);
3097+5. Lysergic acid diethylamide (LSD ):
3098+a. one (1) gram or more of a mixture or substance
3099+containing a detectable amount of lysergic acid
3100+diethylamide (LSD) shall be trafficking punishable by
3101+a term of imprisonment in the cu stody of the
3102+Department of Corrections not to exceed twenty (20)
3103+years and by a fine of not less than Fifty Thousand
3104+Dollars ($50,000.00) and not more than One Hundred
3105+Thousand Dollars ($100,000.00), or
3106+
3107+HB1777 HFLR Page 61
3108+BOLD FACE denotes Committee Amendments.
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3133+
3134+b. ten (10) grams or more of a mixture or substance
3135+containing a detectable amount of lysergic acid
3136+diethylamide (LSD) sha ll be aggravated trafficking
3137+punishable by a term of imprisonment in the custody of
3138+the Department of Corrections of not less than two (2)
3139+years nor more than life and by a fine of not less
3140+than One Hundred Thousand Dollars ($100,000.00) and
3141+not more than Two Hundred Fifty Thousand Dollars
3142+($250,000.00);
3143+6. Phencyclidine (PCP):
3144+a. twenty (20) grams or more of a substance containing a
3145+mixture or substance containing a detectable amount of
3146+phencyclidine (PCP) shall be trafficking punishable by
3147+a term of imprisonment in the custody of the
3148+Department of Corrections not to exceed twenty (20)
3149+years and by a fine of not less than Twenty Thousand
3150+Dollars ($20,000.00) and not more than Fifty Thousa nd
3151+Dollars ($50,000.00), or
3152+b. one hundred fifty (150) grams or more of a substance
3153+containing a mixture or substance containing a
3154+detectable amount of phencyclidine (PCP) shall be
3155+aggravated trafficking punishable by a term of
3156+imprisonment in the custody of the Department of
3157+Corrections of not less than two (2) years nor m ore
3158+
3159+HB1777 HFLR Page 62
3160+BOLD FACE denotes Committee Amendments.
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3186+than life and by a fine of not less than Fifty
3187+Thousand Dollars ($50,000.00) and not more than Two
3188+Hundred Fifty Thousand Dollars ($250,000.00);
3189+7. Methylenedioxy methamphetamine:
3190+a. thirty (30) tablets or ten (10) grams of a mixture or
3191+substance containing a detectable amount of 3,4-
3192+Methylenedioxy methamphetamine shall be trafficking
3193+punishable by a term of imprisonment in the custody of
3194+the Department of Corrections not to exceed tw enty
3195+(20) years and by a fine of not less than Twenty -five
3196+Thousand Dollars ($25,000.00) and not more than One
3197+Hundred Thousand Dollars ($100,000.00), or
3198+b. one hundred (100) tablets or thirty (30) grams of a
3199+mixture or substance containing a detectable am ount of
3200+3,4-Methylenedioxy methamphetamine shall be deemed
3201+aggravated trafficking punishable by a term of
3202+imprisonment in the custody of the Department of
3203+Corrections of not less than two (2) years nor more
3204+than life by a fine of not less than One Hundred
3205+Thousand Dollars ($100,000.00) and not more than Five
3206+Hundred Thousand Dollars ($500,000.00);
3207+8. Morphine: One thousand (1,000) grams or more of a mixture
3208+containing a detectable amount of morphine shall be trafficking
3209+punishable by a term of imprisonmen t in the custody of the
3210+
3211+HB1777 HFLR Page 63
3212+BOLD FACE denotes Committee Amendments.
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3238+Department of Corrections not to exceed twent y (20) years and by a
3239+fine of not less than One Hundred Thousand Dollars ($100,000.00) and
3240+not more than Five Hundred Thousand Dollars ($500,000.00);
3241+9. Oxycodone: Four hundred (400) gr ams or more of a mixture
3242+containing a detectable amount of oxycodone shall be trafficking
3243+punishable by a term of imprisonment in the custody of the
3244+Department of Corrections not to exceed twenty (20) years and by a
3245+fine of not less than One Hundred Thousa nd Dollars ($100,000.00) and
3246+not more than Five Hundred Thousand Doll ars ($500,000.00);
3247+10. Hydrocodone: Three thousand seven hundred fifty (3,750)
3248+grams or more of a mixture containing a detectable amount of
3249+hydrocodone shall be trafficking punishable b y a term of
3250+imprisonment in the custody of the Department of Correcti ons not to
3251+exceed twenty (20) years and by a fine of not less than One Hundred
3252+Thousand Dollars ($100,000.00) and not more than Five Hundred
3253+Thousand Dollars ($500,000.00);
3254+11. Benzodiazepine: Five hundred (500) grams or more of a
3255+mixture containing a de tectable amount of benzodiazepine shall be
3256+trafficking punishable by a term of imprisonment not to exceed
3257+twenty (20) years and by a fine of not less than One Hundred
3258+Thousand Dollars ($1 00,000.00) and not more than Five Hundred
3259+Thousand Dollars ($500,000. 00); and
3260+12. Fentanyl and its analogs and derivatives:
3261+
3262+HB1777 HFLR Page 64
3263+BOLD FACE denotes Committee Amendments.
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3289+a. one (1) gram or more of a mixture containing fentanyl
3290+or carfentanil, or any fentanyl analogs or derivatives
3291+shall be trafficking punishable by a term of
3292+imprisonment in the custody of the Departme nt of
3293+Corrections not to exceed twenty (20) years and by a
3294+fine of not less than One Hundred Thousand Dollars
3295+($100,000.00) and not more than Two Hundred Fifty
3296+Thousand Dollars ($250,000. 00), or
3297+b. five (5) grams or more of a mixture containing
3298+fentanyl or carfentanil, or any fentanyl analogs or
3299+derivatives shall be aggravated trafficking punishable
3300+by a term of imprisonment in the custody of the
3301+Department of Corrections of not less than two (2)
3302+years nor more than life and by a fine of not less
3303+than Two Hundred Fifty Thousand Dollars ($250,000.00)
3304+and not more than Five Hundred Thousand Dollars
3305+($500,000.00).
3306+D. Any person who violates the provisions of this section with
3307+respect to marijuana, cocaine, coca leaves, cocaine base, heroin,
3308+amphetamine or methamphetamine in a quantity specified in paragraphs
3309+1, 2, 3 and 4 of subsection C of this section shall, in addition to
3310+any fines specified by this section, be punishable by a term of
3311+imprisonment as follows:
3312+
3313+HB1777 HFLR Page 65
3314+BOLD FACE denotes Committee Amendments.
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3340+1. For trafficking, a first violation of this se ction, a term
3341+of imprisonment in the custody of the Department of Corrections not
3342+to exceed twenty (20) years;
3343+2. For trafficking, a second violation of this section, a term
3344+of imprisonment in the custody of the Department of Corrections of
3345+not less than four (4) years nor more than life, for which the
3346+person shall serve fifty percent (50%) of the sentence before being
3347+eligible for parole consideration;
3348+3. For trafficking, a third or subseq uent violation of this
3349+section, a term of imprisonment in the custody of the Dep artment of
3350+Corrections of not less than twenty (20) years nor more than life,
3351+of which the person shall serve fifty percent (50%) of the sentence
3352+before being eligible for paro le consideration.
3353+Persons convicted of trafficking shall not be eligible for
3354+earned credits or any other type of credits which have the effect of
3355+reducing the length of sentence to less than fifty percent (50%) of
3356+the sentence imposed; and
3357+If the person is convicted of aggravated trafficking, the person
3358+shall serve eighty-five percent (85%) of such sentence before being
3359+eligible for parole consideration.
3360+E. The penalties specified in subsections C and D of this
3361+section are subject to the enhancements enume rated in subsections E
3362+and F of Section 2-401 of this title.
3363+
3364+HB1777 HFLR Page 66
3365+BOLD FACE denotes Committee Amendments.
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3390+
3391+F. Any person convicted of any offense described in this
3392+section shall, in addition to any fine imposed, pay a special
3393+assessment trauma-care fee of One Hundred Dollars ($100.00) to be
3394+deposited into the Trauma Care Assistance Revolving Fund created in
3395+Section 1-2530.9 of this title and the assessment pursuant to
3396+Section 2-503.2 of this title.
3397+SECTION 16. REPEALER 19 O.S. 2021, Section 339.7, is
3398+hereby repealed.
3399+SECTION 17. REPEALER 20 O.S. 2021, Sections 1313.3 and
3400+1313.4, are hereby repealed.
3401+SECTION 18. REPEALER 63 O.S. 2021, Section 2-503.2, is
3402+hereby repealed.
3403+SECTION 19. This act shall become effective Janua ry 1, 2024.
3404+
3405+COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET , dated
3406+03/06/2023 - DO PASS, As Amended.