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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3131 By: Williams
AS INTRODUCED
An Act relating to fees and fines; enacting the
Fines Assessed and Imposed Reasonably (FAIR) Act;
providing for certain transfer of fun ds; amending 20
O.S. 2021, Section 1313.2, which relates to
definitions; eliminating certain fees ; amending 22
O.S. 2021, Section 988.9, which relates to community
sentencing; eliminating certain fee; amending 22
O.S. 2021, Section 991c, which relates to d eferred
sentence; eliminating certain fee; amending 22 O.S.
2021, Section 991d, which relates to supervision
fees; eliminating certain fees; amending 28 O.S.
2021, Section 153, as amended by Section 2, Chapter
237, O.S.L. 2022 (28 O.S. Supp. 2022, Section 153),
which relates to costs in criminal cases;
eliminating certain fees; amending 29 O.S. 2021,
Section 9-114, which relates to penalties;
eliminating certain fee; amending 63 O.S. 2021,
Sections 2-401, 2-402, as last amended by Section 1,
Chapter 220, O.S.L. 2016, 2-404, 2-405, 2-406, as
amended by Section 7, Chapter 375 , O.S.L 2023, 2-
407, 2-407.1, and 2-415, (63 O.S. Supp. 2-23,
Section 2-406) which relate to penalties for
prohibited acts; eliminating certain fees; updating
statutory references; updatin g statutory language;
repealing 19 O.S. 2021, Section 339.7, which relates
to community service programs; repealing 20 O.S.
2021, Sections 1313.3 and 1313.4, which relate to
fees and fingerprinting; repealing 63 O.S. 2021,
Section 2-503.2, which relates t o the Drug Abuse
Education and Treatment Revolving Fund; providing
for noncodification; providing for codification; and
providing an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes r eads as follows:
This act shall be known and may be cited as the "Fines Assessed
and Imposed Reasonably (FAIR) Act".
SECTION 2. AMENDATORY 20 O.S. 2021, Section 1 313.2, is
amended to read as follows:
Section 1313.2 A. As used in this section:
1. "Arrested" means taking custody of another for the purpose
of holding or detaining him or her to answer a criminal charge;
2. "Convicted" means any final adjudication o f guilt, whether
pursuant to a plea of guilty or nolo contendere or otherwise, and
any deferred or suspended sentence o r judgment;
3. "Court" means any state or municipal court having
jurisdiction to impose a criminal fine or penalty; and
4. "DNA" means Deoxyribonucleic acid.
B. Any person convicted of an offense includ ing traffic
offenses but excluding parking and stan ding violations, punishable
by a fine of Ten Dollars ($10.00) or more or by incarceration or any
person forfeiting bond when charged with such an offense, shall by a
city or county that conducts satellite CLEET academies, may be
ordered by the court to pay Ten Dollars ($10.00) Two Dollars ($2.00)
as a separate fee, which fee shall be in addition to and not in
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substitution for any and all fi nes and penalties otherwise provided
for by law for such offense.
C. 1. Any person convicted of any misdemeanor or fe lony
offense shall pay a Laboratory Analysis Fee in the amount of One
Hundred Fifty Dollars ($150.00) for each offense if forensic scienc e
or laboratory services are rendered or administered by the Oklahom a
State Bureau of Investigation (OSBI), by the Toxi cology Laboratory
of the Office of the Chief Medical Examiner or by any municipality
or county in connection with the case. This fee sha ll be in
addition to and not a substitution for any and all fines an d
penalties otherwise provided for by law for this offense.
2. The court clerk shall cause to be deposited the amount of
One Hundred Fifty Dollars ($150.00) as collected, for every
conviction as described in this subsection. The court clerk shall
remit the monies in the fund on a monthly basis directly e ither to:
a. the OSBI who shall deposit the monies into the OSBI
Revolving Fund provided for in Section 150.19a of
Title 74 of the Oklaho ma Statutes for services
rendered or administered by the OSBI,
b. the Office of the Chief Medical Examiner who shall
deposit the monies into the Chief Medical Examiner
Revolving Fund provided for in Section 948 of Title 63
of the Oklahoma Statutes for serv ices rendered or
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administered by the Office of the Chief Medical
Examiner, or
c. the appropriate municipality or county for services
rendered or administered by a municipality or county.
3. The monies from the Laboratory Analysis Fee Fund deposited
into the OSBI Revolving Fund shall be used for the following:
a. providing criminalistic laboratory services,
b. the purchase and maintenance of equipment for use by
the laboratory in performing analysis,
c. education, training, and scientific development of
OSBI personnel, and
d. the destruction of seized property and chemicals as
prescribed in Sections 2-505 and 2-508 of Title 63 of
the Oklahoma Statutes.
D. Upon conviction or bond forfeiture, the court shall collect
the fee provided for in subsection B of thi s section and deposit it
in an account created for that purpose. Ex cept as otherwise
provided in subsection E of this section, monies shall be forwarded
monthly by the court clerk to the Council on Law Enforcement
Education and Training (CLEET). Beginnin g July 1, 2003, deposits
shall be due on the fifteenth day of each m onth for the preceding
calendar month. There shall be a late fee imposed for failure to
make timely deposits; provided, CLEET, in its discretion, may waive
all or part of the late fee. S uch late fee shall be one percent
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(1%) of the principal amount due p er day beginning from the tenth
day after payment is due and accumulating until the late fee reaches
one hundred percent (100%) of the principal amount due. Beginning
on July 1, 1987, nin ety percent (90%) of the monies received by
CLEET from the court cle rks pursuant to this section shall be
deposited in the CLEET Fund, and ten percent (10%) shall be
deposited in the General Revenue Fund. Beginning January 1, 2001,
sixty and fifty-three one-hundredths percent (60.53%) of the monies
received by CLEET from the court clerks pursuant to this section
shall be deposited in the CLEET Fund created pursuant to subsection
G of this section, five and eighty -three one-hundredths percent
(5.83%) shall be deposited in the General Revenue Fund and thirty -
three and sixty-four one-hundredths percent (33.64%) shall be
deposited in the CLEET Training Center Revolving Fund created
pursuant to Section 3311.6 of Title 70 of the Oklahoma Statutes.
Along with the deposits required by this subsection, each court
shall also submit a report stating the total amount of funds
collected and the total number of fees imposed during the preceding
quarter. The report may be made on computerized or manual
disposition reports.
E. Any municipality or county having a basic law enforcement
academy approved by CLEET pursuant to the criteria dev eloped by
CLEET for training law enforcement officers shall retain from monies
collected pursuant to subsections A through D C of this section, Two
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Dollars ($2.00) from each fee. These monies shall be dep osited into
an account for the sole use of the muni cipality or county in
implementing its law enforcement training functions. Not more than
seven percent (7%) of the monies shall be used for court and
prosecution training. The court clerk of any such mun icipality or
county shall furnish to CLEET the repo rt required by subsection D of
this section.
F. 1. Any person entering a plea of guilty or nolo contendere
or is found guilty of the cr ime of misdemeanor possession of
marijuana or drug paraphernalia sha ll be ordered by the court to pay
a five-dollar fee, which shall be in addition to and not in
substitution for any and all fines and penalties otherwise provided
for by law for such offens e.
2. The court clerk shall cause to be deposited the amount of
Five Dollars ($5.00) as collected, for every adjudicat ed or
otherwise convicted person as described in this subsection. The
court clerk shall remit the monies in the fund on a monthly basis
directly to the Bureau of Narcotics Drug Education Revolving Fund.
G. E. There is hereby created in the State Treasury a fund for
the Council on Law Enforcement Education and Training to be
designated the "CLEET Fund". The fund shall be subject to
legislative appropriation and shall consist of any monies received
from fees and receipts collected pursuant to the Oklahoma Open
Records Act, reimbursements for parts used in the repair of weapons
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of law enforcement officers attending the basic academies, gifts ,
bequests, contributions, tuition, fees, devises and the assessment s
levied pursuant to the fund pursuant to law.
H. F. 1. Any person arrested or convicted of a felony offense
or convicted of a misdemeanor offense of assault and battery,
domestic abuse, stalking, possession of a controlled substance
prohibited under Sch edule IV of the Uniform Controlled Dangerous
Substances Act, outraging public decency, resisting arrest, escaping
or attempting to escape, eluding a police officer, Peeping Tom,
pointing a firearm, threatening an act of violence, breaking and
entering a dwelling place, destruction of property, negligent
homicide or causing a personal injury accident while driving under
the influence of any intoxicating substance shall pay a DNA fee of
One Hundred Fifty Dollars ($150.00). This fee shall not be
collected if the person has a valid DNA sample in the OSBI DNA
Offender Database at the time of sentencing.
2. The court clerk shall cause to be deposited the amount of
One Hundred Fifty Dollars ($150 .00) as collected for every felony
arrest, felony conviction or ever y conviction for a misdemeanor
offense of assault a nd battery, domestic abuse, stalking, possession
of a controlled substance prohibited under the Uniform Controlled
Dangerous Substances A ct, outraging public decency, resisting
arrest, escaping or attempti ng to escape, eluding a police officer,
Peeping Tom, pointing a firearm, threatening an act of violence,
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breaking and entering a dwelling place, destruction of property,
negligent homicide or causing a personal injury accident while
driving under the influ ence of any intoxicating substance as
described in this subsection. The court clerk shall remit the
monies in the fund on a monthly basis directly to the OSBI who shall
deposit the monies into the OSBI Revolving Fund provided for in
Section 150.19a of Tit le 74 of the Oklahoma Statutes for services
rendered or administered by the OSBI.
3. The monies from the DNA sample fee deposited into the OSBI
Revolving Fund shall be used for creating, staffing and maintaining
the OSBI DNA Laboratory and OSBI Combined D NA Index System (CODIS)
Database.
I. G. It shall be the responsibility of the court clerk to
account for and ensure the correctness and accuracy of payments made
to the state agencies ide ntified in Sections 1313.2 through 1313.4
of this title. Payments m ade directly to an agency by the court
clerk as a result of different types of assessments and fees
pursuant to Sections 1313.2 through 1313.4 of this title shall be
made monthly to each s tate agency.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 988.9, is
amended to read as follows :
Section 988.9 A. Any offender sentenced to a community
sentence pursuant to the Oklahoma Community Sentencing Act which
requires supervision shall be required to pay a supervision fee.
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The supervising agency shall establish the fee amount, not to exce ed
Forty Dollars ($40.00) per month, based upon the offender's ability
to pay. In hardship cases the supervising agency may expressly
waive all or part of the fee. No supervising agency participat ing
in a local community sentencing system shall deny any offender
supervision services for the sole reason that the offender is
indigent. Fees collected for supervision services performed by th e
Department of Corrections shall be paid directly to the Dep artment
to be deposited in the Department of Corrections R evolving Fund.
Supervision services performed by contracted providers other than
the Department shall be paid directly to that contracte d provider.
B. In addition to any supervision fee, eligible Eligible
offenders participating in a local community sent encing system under
a court-ordered community punishment shall be required to pay an
administrative fee to support the local system which shall not
exceed Twenty Dollars ($20.00) per month to be set by the court.
Administrative fees when collected shall b e deposited with the
Community Sentencing Division within the Department of Corrections
and credited to the local community sentencing sy stem for support
and expansion of the local community correct ions system. In the
event the court fails to order the am ount of the administrative fee,
the fee shall be Twenty Dollars ($20.00) per month.
C. B. In addition to any supervision fee and administrative fee
authorized by this section, the court shall asses s court costs, and
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may assess program reimbursement costs, restitution, and fines to be
paid by the offender. With the exception of supervision fees, other
fees, costs, fines, restitution, or mo netary obligations ordered to
be paid by the offender shall n ot cease with the termination of
active supervision and su ch obligations shall continue until fully
paid and may be collected in the same manner as court costs.
SECTION 4. AMENDATORY 22 O.S. 2021, Section 991c, is
amended to read as follows:
Section 991c. A. Upon a verdict or plea of g uilty or upon a
plea of nolo contendere, but before a judgment of guilt, the court
may, without entering a judgment of guilt and with the consent of
the defendant, defer further proceedings upon the specific
conditions prescribed by the court not to exceed a seven-year
period, except as authorized under subsection B of this section.
The court shall first consider restitution among the vari ous
conditions it may prescribe. The court may also consider ordering
the defendant to:
1. Pay court costs;
2. Pay an assessment in lieu of any fine authorized by law for
the offense;
3. Pay any other assessment or cost authorized by law;
4. Engage in a term of community service without compensation,
according to a schedule consistent with the employment and family
responsibilities of the defendant;
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5. County jail confinement for a period not to exceed ninety
(90) days or the maximum amount of jail ti me provided for the
offense, if it is less than ninety (90) d ays;
6. Pay an amount as reimbursement for reasonable att orney fees,
to be paid into the court fund, if a court -appointed attorney has
been provided to the defendant;
7. Be supervised in the co mmunity for a period not to exceed
eighteen (18) months, unle ss a petition alleging violation of any
condition of deferred judgment is filed during the period of
supervision. As a condition of any supervision, the defendant shall
be required to pay a supe rvision fee of Forty Dollars ($40.00) per
month. The supervision fee shall be waived in whole or part by the
supervisory agency when the accused is indigent. Any fees collected
by the district attorney pursuant to this paragraph shall be
deposited in the General Revenue Fund of the State Treasury. No
person shall be denied supervision based solely on the inability of
the person to pay a fee ;
8. Pay into the court fund a monthly amount not exceeding Forty
Dollars ($40.00) per month during any period duri ng which the
proceedings are deferred when the defendant is n ot to be supervised
in the community. The total amount to be paid into the court fund
shall be established by the court and shall not exceed the amount of
the maximum fine authorized by law for the offense;
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9. Make other reparations to the community or v ictim as
required and deemed appropriate by the court;
10. 9. Order any conditions which can be imposed for a
suspended sentence pursuant to paragraph 1 of subsection A of
Section 991a of this t itle; or
11. 10. Any combination of the above provisions.
However, unless under the supervision of the district attorn ey,
the offender shall be required to pay Forty Dollars ($40.00) per
month to the district attorney during the first two (2) years of
probation to compensate the district attorney for the costs incu rred
during the prosecution of the offender and for the ad ditional work
of verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney m ay waive
any part of this requirement in the best interests o f justice. The
court shall not waive, suspend, defer or d ismiss the costs of
prosecution in its entirety. However, if the court determines that
a reduction in the fine, costs and costs of prose cution is
warranted, the court shall equally apply the same p ercentage
reduction to the fine, costs and costs of prosec ution owed by the
offender. Any fees collected by the district attorney pursuant to
this paragraph shall be deposited in the General Rev enue Fund of the
State Treasury.
B. When the court has order ed restitution as a condition of
supervision as provided f or in subsection A of this section and that
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condition has not been satisfied, the court may, at any time prior
to the termination or expi ration of the supervision period, order an
extension of supervision for a period not to exceed three (3) years.
C. In addition to any conditions of supervision provided for in
subsection A of this section, the court shall, in the case of a
person before the court for the offense of operating or being in
control of a motor vehicle while the person was under the influence
of alcohol, other intoxicating substance, or a combination of
alcohol and another intoxicating substance, or who is before the
court for the offense of operating a motor vehicle while the ability
of the person to operate such vehicle was impaired due to the
consumption of alcohol, require the person to participate in an
alcohol and drug substance abuse evaluation program offered by a
facility or qualified practitioner certified by the Department of
Mental Health and Substance Abuse Services for the purpose o f
evaluating the receptivity to treatment and prognosis of the person.
The court shall order the person to reimburse the facility or
qualified practitioner for the evaluation. The Department of Me ntal
Health and Substance Abuse Services shall establish a fee schedule,
based upon the ability of a person to pay, provided the fee for an
evaluation shall not exceed Seventy -five Dollars ($75.00). The
evaluation shall be conducted at a certified facilit y, the office of
a qualified practitioner or at another lo cation as ordered by the
court. The facility or qualified practitioner shall, within
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seventy-two (72) hours from the time the person is assessed, submit
a written report to the court for the purpos e of assisting the court
in its determination of condition s for deferred sentence. No
person, agency or facility operating an alcohol and drug substance
abuse evaluation program certified by the Department of Mental
Health and Substance Abuse Services sha ll solicit or refer any
person evaluated pursuant to this subsection for any treatment
program or alcohol and drug substance abuse service in which the
person, agency or facility has a vested int erest; however, this
provision shall not be construed to proh ibit the court from ordering
participation in or any perso n from voluntarily utilizing a
treatment program or alcohol and drug substance abuse service
offered by such person, agency or facility. Any evaluation report
submitted to the court pursuant to thi s subsection shall be handled
in a manner which will keep the report confidential from review by
the general public. Nothing contained in this subsection shall be
construed to prohibit the court from ordering judgment and sentence
in the event the defenda nt fails or refuses to comply with an order
of the court to obtain the evaluation required by this subsection.
As used in this subsection, "qualified practitioner" means a person
with at least a bachelor's degree in substance abuse treatment,
mental health or a related health care field and at least two (2)
years of experience in providing alcohol abuse treatment, other drug
abuse treatment, or both alcohol and other drug abuse treatment who
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is certified each year by the Department of Mental Health and
Substance Abuse Services to provide these assessments. Howev er, any
person who does not meet the requirements for a qualified
practitioner as defined herein, but who has been previously
certified by the Department of Mental Health and Substance Abuse
Services to provide alcohol or drug treatment or assessments, sha ll
be considered a qualified practitioner provided all education,
experience and certification requirements stated herein are met by
September 1, 1995. The court may also require the person to
participate in one or both of the following:
1. An alcohol and drug substance abuse course, pursuant to
Sections 3-452 and 3-453 of Title 43A of the Oklahoma Statutes; and
2. A victims impact panel program, as defined in subsection H
of Section 991a of this title, if such a program is offered in the
county where the judgment is rendered. The defendant shall be
required to pay a fee of Seventy -five Dollars ($75.00) as set by the
governing authority of the program and approved by the court to the
victims impact panel program to offset the cost of participation by
the defendant, if in the opinion of the court the defendant has the
ability to pay such fee.
D. Upon completion of the conditions of the de ferred judgment,
and upon a finding by the court that the con ditions have been met
and all fines, fees, and monetary as sessments have been paid as
ordered, the defendant shall be discharged without a court judgment
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of guilt, and the court shall order the v erdict or plea of guilty or
plea of nolo contendere to be exp unged from the record and the
charge shall be dismissed wi th prejudice to any further action. The
procedure to expunge the record of the defendant shall be as
follows:
1. All references to the name of the defendant shall be deleted
from the docket sheet;
2. The public index of the filing of the charge shall be
expunged by deletion, mark -out or obliteration;
3. Upon expungement, the court clerk shall keep a separate
confidential index of case n umbers and names of defendants which
have been obliterated pursuant to the provisions of this section;
4. No information concerning the confidential file shall be
revealed or released, except upon written order of a judge of the
district court or upon wri tten request by the named defendant to the
court clerk for the purpo se of updating the criminal history record
of the defendant with the Oklahoma State Bureau of Investigation;
and
5. Defendants qualifying under Section 18 of this title may
petition the court to have the filing of the indictment and the
dismissal expunged from the public index and docket sheet. This
section shall not be mutually exclusive of Section 18 of this title.
Records expunged pursuant to this subsection shall be sealed to
the public but not to law enforcement agencies for law enforcement
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purposes. Records expunged pursuant to this subsection shal l be
admissible in any subsequent criminal prosecution to prove the
existence of a prior conviction or prior deferred judgment without
the necessity of a court order requesting the unsealing of such
records.
E. The provisions of subsection D of this secti on shall be
retroactive.
F. Whenever a judgment has been deferred by the court according
to the provisions of this section, deferred jud gment may not be
accelerated for any technical violation unless a pe tition setting
forth the grounds for such accelerat ion is filed by the district
attorney with the clerk of th e sentencing court and competent
evidence justifying the acceleration of the ju dgment is presented to
the court at a hearing to be held for that pu rpose. The hearing
shall be held not more than twe nty (20) days after the entry of the
plea of not guilty to the petition, unless waived by both the state
and the defendant. Any accelera tion of a deferred sentence based on
a technical violation shall not exceed ninety (90) days for a first
acceleration or five (5) years for a second or subsequent
acceleration.
G. Upon any violation of the deferred judgment, other than a
technical violation, the court may enter a judgment of guilt and
proceed as provided in Section 991a of this title or may modify any
condition imposed. Provided, however, if the deferred judgme nt is
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for a felony offense, and the defendant commits another felony
offense, the defendant shall not be allowed bail pending appeal.
H. The deferred judgment procedure described in this section
shall apply only to defendants who have not been previously
convicted of a felony offense and have not received more than one
deferred judgment for a felony offense within the ten (10) years
previous to the commission of the pending offense.
Provided, the court may waive this prohibition upon written
application of the district attorney. Both the application and the
waiver shall be made a pa rt of the record of the case.
I. The deferred judgment procedure de scribed in this section
shall not apply to defendan ts found guilty or who plead guilty or
nolo contendere to a sex offense required by law to register
pursuant to the Sex Offenders Registr ation Act.
J. All defendants who are supervised pursuant to this se ction
shall be subject to the sanction process as e stablished in
subsection D of Section 991b of this title.
K. Notwithstanding the provisions of subsections F and G of
this section, a person who is being considered for an acceleration
of a deferred judgment for an offense where the penalty has
subsequently been lowered to a misdemeanor shall only be subject to
a judgment and sentence that would have been applicable had he or
she committed the offense after July 1, 2017.
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SECTION 5. AMENDATORY 22 O.S. 2021, Section 991d, is
amended to read as follows:
Section 991d. A. 1. When the court orders supervision by the
Department of Corrections, or the district attorney re quires the
Department to supervise any person pursuant to a deferred
prosecution agreement, t he person shall be require d to pay a
supervision fee of Forty Dollars ($40.00) per month during the
supervision period, unless the fee would impose an unnecessary
hardship on the person. In hardship cases, the Department shall
expressly waive all or part of the fee. The court sha ll make
payment of the fee a condition of the sentence which shall be
imposed whether the supervision is incident to the suspending of
execution of a sentence, incident to the suspending of imposition of
a sentence, or incident to the deferral of proceedin gs after a
verdict or plea of guilty. The Department shall determine methods
for payment of supervision fee, and may charge a reasonable user fee
for collection of supervision fees electronically. The De partment
is required to report to the sentencing co urt any failure of the
person to pay supervision fees and to report immediately if the
person violates any condition of the sentence.
2. When the court imposes a suspended or deferred sentence for
any offense and does not order s upervision by the Departme nt of
Corrections, the offender shall be required to pay to the district
attorney a supervision fee of Forty Dollars ($40.00) per month a s a
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fee to compensate the district attorney for the actual act of
supervising the offender du ring the applicable period of
supervision. In hardship cases, the district attorney shall
expressly waive all or part of the fee. Any fees collected by the
district attorney pursuant to this paragraph shall be deposited in
the General Revenue Fund of the State Treasury.
3. If restitution is ordered by the court in conjunction with
supervision, the supervision fee will be paid in addition to the
restitution ordered. In addition to the restitution payment and
supervision fee, a reasonable user fee may be charged by the
Department of Corrections to cover the expenses of administration of
the restitution, except no user fee shall be collected by the
Department when restitution payment is collected and disbursed to
the victim by the office of the district att orney as provided in
Section 991f of this title or Section 991f -1.1 of this title.
B. The Pardon and Parole Board shall require a supervision fee
to be paid by the parolee as a condition of parole which shall be
paid to the Department of Corrections. The Department shall
determine the amount of the fee as provided for other persons under
supervision by the Department.
C. Upon acceptance of an offender by the Depa rtment of
Corrections whose probation or parole supervision was tran sferred to
Oklahoma through the Interstate Compact Agreement, or upon the
assignment of an inmate to any community placement, a fee shall be
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required to be paid by the offender to the Depa rtment of Corrections
as provided for other persons under supervisio n of the Department.
D. Except as provided in subs ection A and this subsection, all
fees collected pursuant to this section shall be deposited in the
Department of Corrections Revolving F und created pursuant to Section
557 of Title 57 of the Oklahoma Stat utes. For the fiscal yea r
ending June 30, 1996, fi fty percent (50%) of all collections
received from offenders placed on supervision after July 1, 1995,
shall be transferred to the credit of the General Revenue Fund of
the State Treasury until such time a s total transfers equal T hree
Million Three Hundred Thousand Dollars ($3,300,000.00).
SECTION 6. AMENDATORY 28 O.S. 2021, Section 153, as
amended by Section 2, Ch apter 237, O.S.L. 2022 (28 O.S. Supp. 2022,
Section 153), is amended to read as follows:
Section 153. A. The clerks of the courts shall collect as
costs in every criminal case for each offense of which the defendant
is convicted, irrespective of whether or not the sentence is
deferred, the following flat charges and no m ore, except for
standing and parking violations and for charges otherwise provided
for by law, which fee shall cover docketing of the case, filing of
all papers, issuance of process, warra nts, orders, and other
services to the date of judgment:
1. For each defendant convicted of
exceeding the speed limit by at least
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one (1) mile per hour but not more than
ten (10) miles per hour, whether charged
individually or conjointly with others ...............$77.00
2. For each defendant convicted of a
misdemeanor traffic violatio n other than
an offense provided for in paragraph 1
or 5 of this subsection, whether charged
individually or conjointly with others ...............$98.00
3. For each defendant convicted of a
misdemeanor, other than for driving
under the influence of alcohol or other
intoxicating substance or an offense
provided for in paragraph 1 or 2 of this
subsection, whether charged individually
or conjointly with others ............................ $93.00
4. For each defendant convicted of a
felony, other than for driving under the
influence of alcohol or othe r
intoxicating substance, whether charged
individually or conjointly with others ..............$103.00
5. For each defendant convicted of the
misdemeanor of driving under the
influence of alcohol or ot her
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intoxicating substance, whether charged
individually or conjoint ly with others..............$433.00
6. For each defendant convi cted of the
felony of driving under the influence of
alcohol or other intoxicating substance,
whether charged individually or
conjointly with others.............................. $433.00
7. For the services of a court reporter at
each preliminary hearing and trial held
in the case................................ ..........$20.00
8. For each time a jury is requested .................... $30.00
9. A sheriff's fee for serving or
endeavoring to serve each writ, warrant,
order, process, command, or notice or
pursuing any fugitive from justice
a. within the county........................ $50.00, or
mileage as
established by the
Oklahoma Statutes,
whichever is
greater, or
b. outside of the county .................... $50.00, or
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actual, necessary
expenses, whichever
is greater
B. In addition to the amount collected pursuant to paragraphs 2
through 6 of subsection A of this section, the sum of Six Dollars
($6.00) shall be assessed and credited to the Law Library Fund
pursuant to Section 1201 et seq. of Title 20 of the Oklahoma
Statutes.
C. In addition to the amount collected pursuant to subsection A
of this section, the sum of Twenty Dollars ($20.0 0) shall be
assessed and collected in every traffic case for each offense other
than for driving under the influence of alcohol or other
intoxicating substance; the sum of Thirty Dollars ($30.00) shall be
assessed and collected in every misdemeanor case fo r each offense;
the sum of Thirty Dollars ($30.00) shall be assessed and collected
in every misdemeanor case for each offense for driving under the
influence of alcohol or other intoxicating substance; the sum of
Fifty Dollars ($50.00) shall be assessed an d collected in every
felony case for each offense; and the sum of Fifty Dollars ($50.00)
shall be assessed and collected in every felony case for each
offense for driving under the influence of alcohol or other
intoxicating substance.
D. In addition to th e amounts collected pursuant to subsections
A and B of this section, the sum of Twenty -five Dollars ($25.00)
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shall be assessed and credit ed to the Oklahoma Court Information
System Revolving Fund created p ursuant to Section 1315 of Title 20
of the Oklahoma Statutes.
E. In addition to the amount collected pursuant to paragraphs 1
through 6 of subsection A of this section, the sum of Ten Dol lars
($10.00) shall be assessed and credited to the Sheriff's Servic e Fee
Account in the county in which the conviction occurred for the
purpose of enhancing existing or providing additional courthouse
security.
F. In addition to the amounts collected pur suant to paragraphs
1 through 6 of subsection A of this section, the sum of Three
Dollars ($3.00) shall be assessed and credited to the Office of the
Attorney General Victim Services Unit.
G. In addition to the amounts collected pursuant to paragraphs
1 through 6 of subsection A of this section, the sum of Three
Dollars ($3.00) shall be assessed and credited to the Child Abuse
Multidisciplinary Account. This fee shall not be used for purposes
of hiring or employing any law enforcement officers.
H. In addition to the amount collected pursuant to paragraphs 5
and 6 of subsection A of this section, the sum of Fifteen Dollar s
($15.00) shall be assessed in every misdemeanor or felony case for
each offense of driving under the influence of alcohol or othe r
intoxicating substance and credited to the Oklahoma Impaired Driver
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Database Revolving Fund created pursuant to Section 11 -902d of Title
47 of the Oklahoma Statutes.
I. Prior to conviction, parties in criminal cases shall not be
required to pay, advance , or post security for the issuance or
service of process to obtain compul sory attendance of witnesses.
J. G. The amounts to be assessed as court costs upon filing of
a case shall be those amounts above -stated in paragraph 3 or 4 of
subsection A and subse ctions B, C, D and E of this section.
K. H. The fees collected pursuant t o this section shall be
deposited into the court fu nd, except the following:
1. A court clerk issuing a misdemeanor warrant is entitled to
ten percent (10%) of the sheriff's service fee, provided for in
paragraph 9 of subsection A of this section, collect ed on a warrant
referred to the contractor for the misdemeanor warrant notification
program governed by Sections 514.4 and 514.5 of Title 19 of the
Oklahoma Statutes. This ten -percent sum shall be deposited into the
issuing Court Clerk's Revolving Fund, c reated pursuant to Section
220 of Title 19 of the O klahoma Statutes, of the court clerk issuing
the warrant with the balance of the sheriff's service fee to be
deposited into the She riff's Service Fee Account, created pursuant
to the provisions of Section 514.1 of Title 19 of the Oklahoma
Statutes, of the sheriff in the county in which service is made or
attempted. Otherwise, the sheriff's service fee, when collected,
shall be deposited in its entirety into the Sheriff's Service Fee
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Account of the sheriff in the county in which service is made or
attempted;
2. The sheriff's fee provided for in Section 153.2 of this
title;
3. The witness fees paid by the district attorney pursuant to
the provisions of Section 82 of this title which, if collected by
the court clerk, shall be transferred to the district atto rney's
office in the county where witness attendance was required. Fees
transferred pursuant to this paragraph shall be deposited in the
district attorney's maintenance and operating expense account;
4. The fees provided for in subsection C of this secti on shall
be forwarded to the District Attorneys Council Revolving Fund to
defray the costs of prosecution; and
5. The following am ounts of the fees provided for in paragraphs
2, 3, 5 and 6 of subsection A of this section, when collected, shall
be deposited in the Trauma Care Assistance Revolving Fund, created
pursuant to the provisions of Section 1 -2530.9 of Title 63 of the
Oklahoma Statutes:
a. Ten Dollars ($10.00) of the Ninety -eight-Dollar fee
provided for in paragraph 2 of subsection A of this
section,
b. Ten Dollars ($10.00) of the Ninety -three-Dollar fee
provided for in paragraph 3 of subsection A of this
section,
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c. One Hundred Dollars ($100.00) of the Four -Hundred-
Thirty-three-Dollar fee provided fo r in paragraph 5 of
subsection A of this section, a nd
d. One Hundred Dollars ($100.00) of the Four -Hundred-
Thirty-three-Dollar fee provided for in paragraph 6 of
subsection A of this section.
L. I. As used in this section, "convicted" means any final
adjudication of guilt, whether pursuant to a plea of gu ilty or nolo
contendere or otherwise, and any deferred judgment or suspended
sentence.
M. J. A court clerk may accept in payment f or any fee, fine,
forfeiture payment, cost, penalty assessment or other ch arge or
collection to be assessed or collected by a court clerk pursuant to
this section a nationally recognized credit card or debit card or
other electronic payment method as provi ded in paragraph 1 of
subsection B of Section 151 of this title.
N. K. Upon receipt of payment of fines and costs for offens es
charged prior to July 1, 1992, the court clerk shall apportion and
pay Thirteen Dollars ($13.00) per conviction to the court fun d.
SECTION 7. AMENDATORY 29 O.S. 2021, Section 9 -114, is
amended to read as follows:
Section 9-114. A. 1. In addition to any other penalties
provided for in the Wildlife Bail Procedure Act or any other
applicable law, when a pe rson fails to comply with a wildlife
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citation or a sentence for a violatio n of wildlife laws or rules,
the district court whi ch has jurisdiction of the citation or which
issued the sentence shall mail a notice to the person informing them
that if they do not appear in the district court or pay all fines,
court costs, assessments or fees, and any penalties imposed within
thirty (30) days from the date of mailing, the Oklahoma Department
of Wildlife Conservation shall be notified to begin procedures to
forfeit or suspend any license, permit, stamp or other issue of the
Department held by the person.
2. Upon receipt of a report fro m a district court of a failure
to comply with a wildlife citation or sentence as set forth in
paragraph 1 of this subsection the D epartment shall suspend or
forfeit the license, permit, stamp or other iss ue of the Department
held by the person until satis factory evidence of compliance with
the wildlife citation or sentence of the district court is furnished
to the Department by the d istrict court. Upon receipt of
notification of compliance from the distri ct court, the Department
shall terminate the suspen sion action, unless the suspension is
otherwise required.
B. Except as provided for in subsection C of this section, when
the district court notifies the Department of Wildlife Conservation
of a failure to comply with a wildlife citation or failure to com ply
with a sentence of the district, the court shall assess a
reinstatement fee of Fifty Dollars ($50.00) for each charge or
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sentence on which the person failed to make satisfaction, regardless
of the disposition of the charge for which the citation was
originally issued. The reinstatement fee shall be in addition to
any fine, court costs and other assessments, fees or penalties. T he
district court shall remit all reinstatement fees to the Department
in accordance with the provisions of state law. The D epartment
shall deposit the entire amount of each reinstatement fee in the
Wildlife General Fund.
C. The district court shall waiv e the reinstatement fee
provided for in subsection B of this section if th e failure to
comply with a wildlife citation was th e result of the person
enlisting in or being drafted into the armed services of the United
States of America, being called into ser vice as a member of a
reserve component of the military service of the Uni ted States of
America, volunteering for active duty or being called into service
as a member of the Oklahoma National Guard or volunteering for
active duty and being absent from Okla homa because of military
service.
D. A person whose privileges have been suspended as provided
for in this section and who h unts, traps or fishes in this state,
who applies for or purchases any license or permit to hunt, trap, or
fish in this state, or wh o refuses to surrender any current hunting,
trapping or fishing licenses a s required pursuant to this section
shall be deemed guilty of a misdemeanor and shall be fined not less
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than One Hundred Dollars ($100.00) or more than Five Hundred Dollars
($500.00).
SECTION 8. AMENDATORY 63 O.S. 2021, Section 2 -401, is
amended to read as follows:
Section 2-401. A. Except as authorized by the Uniform
Controlled Dangerous Substances Act, it shall be unlawful for any
person:
1. To distribute, dispense, transport with intent to distribute
or dispense, possess with intent to manufacture, distribute, or
dispense, a controlled dangerous substance or to solicit the use of
or use the services of a person less than eighteen (18) years of age
to cultivate, distribute or dispense a controlled dangerous
substance;
2. To create, distribute, transport with intent to distribute
or dispense, or possess with intent to distribute, a counterfeit
controlled dangerous substance; or
3. To distribute any imitation co ntrolled substance as defined
by Section 2-101 of this title, except when authorized by the Food
and Drug Administration of the United States Department of Health
and Human Services.
B. Any person who violates the provisions of this section with
respect to:
1. A substance classified in Schedule I or II, except for
marijuana, upon conviction, shall be guilty of transporting or
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possessing with an intent to distribute a controlled dangerous
substance, a felony, and shall be sentenced to a term of
imprisonment in the custody of the Department of Corrections for not
more than seven (7) years and a fine of not more than One Hundred
Thousand Dollars ($100,000.00), which shall be in addition to other
punishment provided by law and shall not be imposed in lieu of o ther
punishment. A second conviction for the violation of provision s of
this paragraph is a felony punishab le by a term of imprisonment in
the custody of the Department of Corrections for not more than
fourteen (14) years. A third or subsequent convictio n for the
violation of the provisions of this paragraph is a felony punishable
by a term of imprisonment in the custody of the Department of
Corrections for not more than twenty (20) years;
2. Any other controlled dangerous substance classified in
Schedule III, IV, V or marijuana, upon conviction, shall be guilty
of a felony and shall be sentenced to a term of imprisonment in the
custody of the Department of Corrections for not more than five (5)
years and a fine of not more than Twenty Thousand Dollars
($20,000.00), which shall be in addition to other punishment
provided by law and shall not be imposed in lieu of other
punishment. A second conviction for the violation of the provisions
of this paragraph is a felony punishable by a term of imprisonment
in the custody of the Department of Corrections for not more than
ten (10) years. A third or subsequent convic tion for the violation
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of the provisions of this paragraph is a felony punishable by a term
of imprisonment in the custody of the Department of Corr ections for
not more than fifteen (15) years; or
3. An imitation controlled substance as defined by Section 2-
101 of this title, upon conviction, shall be guilty of a misdemeanor
and shall be sentenced to a term of imprisonment in the county jail
for a period of not more than one (1) year and a fine of not more
than One Thousand Dollars ($1,000.00). A person c onvicted of a
second violation of the provisions of this paragraph shall be guilty
of a felony and shall be sentenced to a term of imprisonment in t he
custody of the Department of Corrections for not more than two (2 )
years and a fine of not more than Five Thousand Dollars ($5,000.00),
which shall be in addition to other punishment provided by law and
shall not be imposed in lieu of other punishment.
C. 1. Except when authorized by the Food and Drug
Administration of the United States Department of Health and Human
Services, it shall be unlawful for any person to manufacture or
distribute a controlled substance or synthetic controlled substance.
2. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to distribut ing a
controlled substance is guilty of a felony and shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed ten (10) years and a fine of not more than
Twenty-five Thousand Dollars ($25,000.00), which shal l be in
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addition to other punishment provided by law and shall not be
imposed in lieu of other punishment.
3. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respect to distributing a
controlled substance is a felony punishable by imprisonment in the
custody of the Department of Corrections for a term not less than
two (2) years nor more than twenty (20) years. A third or
subsequent conviction for the violation of the p rovisions of this
paragraph is a felony punishable by imprisonment in the custody of
the Department of Corrections for a term not less than ten (10)
years nor more than life.
4. Any person convicted of violating the provisions of
paragraph 1 of this subse ction with respect to manufacturing a
controlled substance is guilty of a felony and shall be punished by
imprisonment in the custody of the Department of Corrections for a
term not to exceed ten (10) years and a fine of not more than
Twenty-five Thousand Dollars ($25,000.00), which shall be in
addition to other punishment provided by law and shall not be
imposed in lieu of other punishment.
5. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respect to manufac turing a
controlled substance is a felon y punishable by imprisonment in the
custody of the Department of Corrections for a term not less than
two (2) years nor more than twenty (20) years. A third or
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subsequent conviction for the violation of the provisio ns of this
paragraph is a felony punisha ble by imprisonment in the custody of
the Department of Corrections for a term not less than ten (10)
years nor more than life.
D. Convictions for violations of the provisions of this section
shall be subject to the statutory provisions for suspended or
deferred sentences, or probation as provided in Section 991a of
Title 22 of the Oklahoma Statutes.
E. Any person who is at least eighteen (18) years of age and
who violates the provisions of this section by using or soliciting
the use of services of a pers on less than eighteen (18) years of age
to distribute, dispense, transport with intent to distribute or
dispense or cultivate a controlled dangerous substance or by
distributing a controlled dangerous substance to a person under
eighteen (18) years of age, or in the presence of a person under
twelve (12) years of age, is punishable by:
1. For a first violation of this section, a term of
imprisonment in the custody of the Department of Corrections not
less than two (2) years nor more than ten (10) years;
2. For a second violation of this section, a term of
imprisonment in the custody of the Department of Corrections for not
less than four (4) years no r more than twenty (20) years; or
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3. For a third or subsequent viol ation of this section, a term
of imprisonment in the custody of the Department of Corrections for
not less than ten (10) years nor more than life.
F. Any person who violates any provision of this section by
transporting with intent to distribute or dispen se, distributing or
possessing with inte nt to distribute a controlled dangerous
substance to a person, or violation of subsection G of this section,
in or on, or within two thousand (2,000 ) feet of the real property
comprising a public or private elementar y or secondary school,
public vocational school, public or private college or university,
or other institution of higher education, recreation center or
public park, including state parks and recreation areas, public
housing project, or child care facility as defined by Section 402 of
Title 10 of the Oklahoma Statutes, shall be punished by:
1. For a first offense, a term of imprisonment in the custody
of the Department of Corrections, or b y the imposition of a fine or
by both, not exceeding twice that auth orized by the appropriate
provision of this section; or
2. For a second or subsequent violation of this section, a term
of imprisonment in the custody of the Department of Corrections, or
by the imposition of a fine or by both, not exceeding thrice that
authorized by the appropriate provision o f this section.
Convictions for second and subsequent violations of the provisions
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of this section shall not be subject to statutory provisions of
suspended sentences, deferred sentences or probation.
G. 1. Except as authorized by the Uniform Controlled Dangerous
Substances Act, it shall be unlawful for any person to manufacture
or attempt to manufacture any controlled dangerous substance or
possess any substance listed in Section 2 -322 of this title or any
substance containing any detectable amount of p seudoephedrine or its
salts, optical isomers or salts of optical isomers, iodine or its
salts, optical isomers or salts of optical isomers, hydriodi c acid,
sodium metal, lithium metal, anhydrous ammonia, phosphorus, or
organic solvents with the intent to u se that substance to
manufacture a controlled dangerous substance.
2. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance, or possessi ng any
substance listed in this subsection or Section 2 -322 of this title,
upon conviction, is guilty of a felony and shall be punished by
imprisonment for not less than seven (7) years nor more than life
and by a fine of not less than Fifty Thousand Dolla rs ($50,000.00),
which shall be in addition to other punishment provided by law and
shall not be imposed in lieu of other punishment. The possessio n of
any amount of anhydrous ammonia in an unauthorized container sh all
be prima facie evidence of intent to use such substance to
manufacture a controlled dangerous substance.
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3. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance in the fol lowing
amounts:
a. one (1) kilogram or more of a mixture or substance
containing a detectable amount of heroin,
b. five (5) kilograms or more of a m ixture or substance
containing a detectable amount of:
(1) coca leaves, except coca leaves and extracts of
coca leaves from which cocaine, ecgonine, and
derivatives of ecgonine or their salts have been
removed,
(2) cocaine, its salts, optical and geometric
isomers, and salts of isomers,
(3) ecgonine, its derivatives, their salts, isomers,
and salts of isomers, or
(4) any compound, mixture, or preparation which
contains any quantity of any of the substances
referred to in divisions (1) through (3) of this
subparagraph,
c. fifty (50) grams or m ore of a mixture or substance
described in division (2) of subparagraph b of this
paragraph which contains cocaine base,
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d. one hundred (100) grams or more of phencyclidine (PCP)
or 1 kilogram or more of a mixture or sub stance
containing a detectable amoun t of phencyclidine (PCP),
e. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD),
f. four hundred (400) grams or more of a mixture or
substance containing a detectable amount of N -phenyl-
N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100
grams or more of a mixture or subst ance containing a
detectable amount of any analogue of N -phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide,
g. one thousand (1,000) kilograms or more of a mixture or
substance containing a detectable amount of marihuana
marijuana or one thousand (1,000) or more marihuana
marijuana plants regardless of weight, or
h. fifty (50) grams or more of methamphetamine, its
salts, isomers, and sa lts of its isomers or 500 grams
or more of a mixture or substance co ntaining a
detectable amount of methamphetamine, it s salts,
isomers, or salts of its isomers,
upon conviction, is guilty of aggravated manufacturing a controlled
dangerous substance punish able by imprisonment for not less th an
twenty (20) years nor more th an life and by a fine of not less than
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Fifty Thousand Dollars ($50,000.00), which shall be in addition to
other punishment provided by law and shall not be imposed in lieu of
other punishment. Any person convicted of a viol ation of the
provisions of this paragraph shall be required to serve a minimum of
eighty-five percent (85%) of the sentence received prior to becoming
eligible for state correctional earned credits towards the
completion of the sentence or eligible for par ole.
4. Any sentence to the cus tody of the Department of Corrections
for any violation of paragraph 3 of this subsection shall not be
subject to statutory provisions for suspended sentences, deferred
sentences, or probation. A person convicted of a secon d or
subsequent violation of the provisions of paragraph 3 of this
subsection shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes and shall be
required to serve a minimu m of eighty-five percent (85%) of th e
sentence received prior to bec oming eligible for state correctional
earned credits or eligibility for parole.
5. Any person who has been convicted of manufacturing or
attempting to manufacture methamphetamine pursuant to the provisions
of this subsection and who, after such conviction , purchases or
attempts to purchase, receive or oth erwise acquire any product,
mixture, or preparation containing any detectable quantity of base
pseudoephedrine or ephedrine shall, upon c onviction, be guilty of a
felony punishable by imprisonment in the c ustody of the Department
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of Corrections for a term in the range of twice the minimum term
provided for in paragraph 2 of this subsection.
H. Any person convicted of any offense described in the Uniform
Controlled Dangerous Substances Act may, in addition to the fine
imposed, be assessed an amount not to e xceed ten percent (10%) of
the fine imposed. Such assessment shall be paid into a revolving
fund for enforcement of controlled dangerous substances created
pursuant to Section 2-506 of this title.
I. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Rev olving Fund created in
Section 1-2522 of this title.
J. For purposes of this secti on, "public housing project" means
any dwelling or accommodations operated as a state or federally
subsidized multifamily housing project by any housing authority,
nonprofit corporation or municipal develo per or housing projects
created pursuant to the Okl ahoma Housing Authorities Act.
K. When a person is found guilty o f a violation of the
provisions of this section, the court shall order, in addition to
any other penalty, the defendant to pay a one -hundred-dollar
assessment to be deposited in the Drug Abu se Education and Treatment
Revolving Fund created in Section 2 -503.2 of this title, upon
collection.
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L. J. Any person convicted of a sec ond or subsequent felony
violation of the provisions of this section , except for paragraphs 1
and 2 of subsection B of this section, paragraphs 2, 3, 4 and 5 of
subsection C of this sec tion, paragraphs 1, 2, and 3 of subsection E
of this section and paragr aphs 1 and 2 of subsection F of this
section, shall be punished as a habitual offender pursuant to
Section 51.1 of Titl e 21 of the Oklahoma Statutes.
SECTION 9. AMENDATORY 63 O.S. 2021, Section 2 -402, as
last amended by Section 1, Chapter 220, O.S.L. 2016, is amended to
read as follows:
Section 2-402. A. 1. It shall be unlawful for any person
knowingly or intentionally to possess a controlled dangerous
substance unless such substance was obtained directly, or pursuant
to a valid prescription or order from a practitioner, while acting
in the course of his or her professional practice, or except a s
otherwise authorized by this act.
2. It shall be unlawful for a ny person to purchase any
preparation excepted from the provisions of t he Uniform Controlled
Dangerous Substances Act pursuant to Section 2 -313 of this title in
an amount or within a time in terval other than that permitted by
Section 2-313 of this title.
3. It shall be unlawful for any person or business to sell,
market, advertise or label any product containing ephedrine, its
salts, optical isomers, or salts of optical isomers, for the
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indication of stimulation, mental alertness, weight loss, appetite
control, muscle development, energy or other indication which is not
approved by the pertinent federal OTC Final Monograph, Tentative
Final Monograph, or FDA-approved new drug application or it s legal
equivalent. In determining compliance with this requireme nt, the
following factors shall be considered:
a. the packaging of the product,
b. the name of the product, and
c. the distribution and pro motion of the product ,
including verbal representat ions made at the point of
sale.
B. Any person who violates this section with respect to:
1. Any Schedule I or II substance, except mari juana or a
substance included in subsection D of Section 2 -206 of this title,
is guilty of a felony punishable by impri sonment for not more than
five (5) years and by a fine not exceeding Five Thousand Dollars
($5,000.00). A second violation of this secti on with respect to a
Schedule I or II substance, except marijuana or a substance included
in subsection D of Section 2 -206 of this title, is a felony
punishable by imprisonment for not more than ten (10) years and by a
fine not exceeding Ten Thousand Dolla rs ($10,000.00). A third or
subsequent violation of this section wi th respect to a Schedul e I or
II substance, except marijuana or a substance included in subsection
D of Section 2-206 of this title, is a felony punishable by
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imprisonment for not less tha n four (4) years nor more than fifteen
(15) years and by a fine not exceeding Ten Thousand Dollars
($10,000.00);
2. Any Schedule III, IV or V substance, marijuana, a substance
included in subsection D of Section 2 -206 of this title, or any
preparation excepted from the provisions of the Uniform Controlled
Dangerous Substances Act is guilty of a misdemeanor punishable by
confinement for not more than one (1) year and by a fine not
exceeding One Thousand Dollars ($1,000.00);
3. Any Schedule III, IV or V sub stance, marijuana, a substance
included in subsection D of Section 2 -206 of this title, or any
preparation excepted fro m the provisions of the Uniform Controlled
Dangerous Substances Act and who, during the period of any court -
imposed probationary term or within ten (10) years of the date
following the completion of the ex ecution of any sentence or
deferred judgment for a violation of this section, commits a second
or subsequent violation of this section shall, upon conviction, be
guilty of a felony punisha ble by imprisonment in the custody of the
Department of Corrections for not less than one ( 1) year nor more
than five (5) years and by a fine not exceeding Five Thousand
Dollars ($5,000.00); or
4. Any Schedule III, IV or V substance, marijuana, a substanc e
included in subsection D of Section 2 -206 of this title, or any
preparation excepted from the provisions of the Unifo rm Controlled
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Dangerous Substances Act and who, ten (10) or more years following
the date of completion of the execution of any sentence or deferred
judgment for a violation of this section, commits a seco nd or
subsequent violation of this section shall, u pon conviction, be
guilty of a felony punishable by imprisonment in the custody of the
Department of Corrections for not less than one (1 ) year nor more
than five (5) years and by a fine not exceeding Five Thousand
Dollars ($5,000.00).
C. Any person who v iolates any provision of this section by
possessing or purchasing a controlled dangerous substance from any
person, in or on, or within o ne thousand (1,000) feet of the real
property comprising a public or private elementary or secondary
school, public vocational school, public or private college or
university, or other institution of higher education, recreation
center or public park, incl uding state parks and recreation areas,
or in the presence of any ch ild under twelve (12) y ears of age,
shall be guilty of a felony and punished by:
1. For a first offense, a term of imprisonment, or by the
imposition of a fine, or by both, not exceeding twice that
authorized by the appropriate provision of this section. In
addition, the person shall serve a minimum of f ifty percent (50%) of
the sentence received prior to becoming eligible for state
correctional institution earned credits toward the compl etion of
said the sentence; or
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2. For a second or subsequent offens e, a term of imprisonme nt
not exceeding three times that authorized by the appropriate
provision of this section and the person shall serve a minimum of
ninety percent (90%) of the sentenc e received prior to becoming
eligible for state correctional institu tion earned credits tow ard
the completion of said the sentence, and imposition of a fine not
exceeding Ten Thousand Dollars ($10,000.00).
D. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a specia l
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
SECTION 10. AMENDATORY 63 O.S. 2021, Section 2 -404, is
amended to read as follows:
Section 2-404. A. It shall be unlawful for any person:
1. Who is subject to the requirements of Article III of this
act Section 2-301 et seq. of this title to distribute or dispense a
controlled dangerous substance in violation of Se ction 2-308 of this
title;
2. Who is a registrant to manufacture, distribute, or dispense
a controlled dangerous substance not authorized by his registration
to another registrant or othe r authorized person;
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3. To omit, remove, alter, or obliterate a sym bol required by
the Federal Controlled Substances A ct or this act Section 2-101 et
seq. of this title;
4. To refuse or fail to make, keep, or furnish any record,
notification, order form, statement, invoice, or information
required under this act Section 2-101 et seq. of this t itle;
5. To refuse any entr y into any premises or inspection
authorized by this act Section 2-101 et seq. of this title ; or
6. To keep or maintain any store, shop, warehouse, dwelling
house, building, vehicle, boat, aircraft, or an y place whatever,
which is resorted to by persons u sing controlled dangerous
substances in violation of this act Section 2-101 et seq. of this
title for the purpose of using such substance s, or which is used for
the keeping or selling of the same in violat ion of this act Section
2-101 et seq. of this title .
B. Any person who violates this section is punishable by a
civil fine of not more than One Thousand Dollars ($1,000.00);
provided, that, if the violation is prosecuted by an information or
indictment which alleges that the vi olation was committed knowin gly
or intentionally, and the trier of fact specifically finds that the
violation was committed knowingly or intentionally, such person i s
guilty of a felony punishable by imprisonment for not more than fi ve
(5) years, and a fin e of not more than Ten Thous and Dollars
($10,000.00), except that if such person is a corporation it shall
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be subject to a civil penalty of not more than One Hundred Thousand
Dollars ($100,000.00). The fine provided for in this subs ection
shall be in addition to other punishments pr ovided by law and shall
not be in lieu of other punishment.
C. Any person convicted of a second or subsequent violation of
this section is punishable by a term of imprisonment twice that
otherwise authorized and by twice the fi ne otherwise authorized.
The fine provided for in this subsection shall be in addition to
other punishments provided by law and shall not be in lieu of other
punishment.
D. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a s pecial
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 of this title.
SECTION 11. AMENDATORY 63 O.S. 2 021, Section 2-405, is
amended to read as follows:
Section 2-405. A. No person shall use tincture of opium,
tincture of opium camphorated, or any derivative thereo f, by the
hypodermic method, either with or without a medical prescr iption
therefor.
B. No person shall use drug parap hernalia to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, r epack, store, contain,
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conceal, inject, ingest, inhale or otherwise introduce into the
human body a controlled dangerou s substance in violation of the
Uniform Controlled Dangerous Substances Act, except those persons
holding an unrevoked license in the pro fessions of podiatry,
dentistry, medicine, nursing, optometry, osteo pathy, veterinary
medicine or pharmacy.
C. No person shall deliver, sell, possess or manufacture drug
paraphernalia knowing, or under circumstances where one reasonably
should know, that it will be used to plant, propagate, cultivate,
grow, harvest, manuf acture, compound, con vert, produce, process,
prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce into the human body a
controlled dangerous substance in violation of the Uniform
Controlled Dangerous Substances Act.
D. Any person eighteen (18) years of age or over who violates
subsection C of this section by delivering or selling drug
paraphernalia to a person under eighteen (18) year s of age shall,
upon conviction, be guilty of a felony.
E. Any person who violates subsections subsection A, B or C of
this section shall, upon conviction, be guilty of a misdemeanor
punishable as follows:
1. For a first offense the person shall be punis hed by
imprisonment in the county jail for not more than one (1) yea r or by
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a fine of not more than One Thousand Dollar s ($1,000.00), or both
such fine and imprisonment;
2. For a second offense the person shall be punished by
imprisonment in the county ja il for not more than one (1) year or by
a fine of not more than Five Thousand Dollars ($5 ,000.00), or both
such fine and imprisonment; and
3. For a third or subsequent offense the person shall be
punished by imprisonment in the county jail for not more th an one
(1) year or by a fine of not more than Ten Thousand Dollars
($10,000.00), or both such fine and imprisonment.
F. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Tr auma Care Assistance Revolving Fund created in
Section 1-2522 of this title.
SECTION 12. AMENDATORY 63 O.S. 2021, Section 2 -406, as
amended by Section 7, Chapter 3 75, O.S.L. 2023 (63 O.S. Supp. 2023,
Section 2-406), is amended to r ead as follows:
Section 2-406. A. It shall be unlawful for any registrant
knowingly or intentionally:
1. To distribute, other than by dispensing or as otherwise
authorized by Section 2 -101 et seq. of this title, a controlled
dangerous substance classifi ed in Schedules I or II, in the course
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of his legitimate business, except pursuant to an order form as
required by Section 2 -308 of this title;
2. To use in the course of the manufacture or distribution of a
controlled dangerous substance a registration n umber which is
fictitious, revoked, suspended or is sued to another person;
3. To acquire or obtain possession of a controlled dangerous
substance by misrepresentation, fraud, forgery, dec eption or
subterfuge;
4. To furnish false or fraudulent material in formation in, or
omit any material information from , any application, report, or
other document required to be kept or filed under this act, or any
record required to be kept by Section 2 -101 et seq. of this title;
and
5. To make, distribute, or possess a ny punch, die, plate,
stone, or other thing designe d to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or device
of another or any likeness of any of the foregoing upon any drug or
container or labeling thereof so as to render such drug a
counterfeit controlled dangerous substance.
B. Any person who violates this section is guilty of a felony
punishable by imprisonment for not more than twenty ( 20) years or a
fine of not more than Two Hundred Fifty Thousand Doll ars
($250,000.00), or both.
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C. Any person convicte d of a second or subsequent violation of
this section is punishable by a term of imprisonment twice that
otherwise authorized and by twic e the fine otherwise authorized.
Convictions for second or subseque nt violations of this section
shall not be subject to statutory provisions for suspended
sentences, deferred sentences, or probation.
D. Any person convicted of any offense described in t his
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($1 00.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
SECTION 13. AMENDATORY 63 O.S. 2021, Section 2 -407, is
amended to read as follows:
Section 2-407. A. No person shall obtain or attempt to obtain
any preparation excepted from the provisions of the Uniform
Controlled Dangerous Substances Act pursuant to Section 2-313 of
this title in a manner inconsistent with the provis ions of paragraph
1 of subsection B of Section 2 -313 of this title, or a controlled
dangerous substance or procure or attempt to procure the
administration of a controlled dangerous substa nce:
1. By fraud, deceit, misrepresentation, or subterfuge;
2. By the forgery of, alter ation of, adding any informati on to
or changing any information on a prescription or of any written
order;
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3. By the concealment of a material fact;
4. By the use of a false name or the giving of a false address;
or
5. By knowingly failing to disclose t he receipt of a controlled
dangerous substance or a prescription for a controlled dangerous
substance of the same or similar therapeutic use from another
practitioner within the previous thirty (30) days.
B. Except as authorized by this act Section 2-101 et seq. of
this title, a person shall not manufacture, create, deliver, or
possess with intent to manufacture, create, or deliver or possess a
prescription form, an or iginal prescription form, or a counterfeit
prescription form. This shall not apply to th e legitimate
manufacture or delivery of prescription forms, or a person acting as
an authorized agent of the practitioner.
C. Information communicated to a physician in an effort
unlawfully to procure a controlled dangerous substance, or
unlawfully to procure the administration of any such drug, shall not
be deemed a privileged communication.
D. Any person who violates this section is guilty of a felony
punishable by imprisonment for not more than ten (10) years, by a
fine of not more than Ten Thousand Dollars ($10,000.00), or by both
such fine and imprisonment. A second or subsequent offense under
this section is a felony punishable by impri sonment for not less
than four (4) years nor more than twenty (20) years, by a fine of
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not more than Twenty Thousand Dollars ($20,000.00), or by both such
fine and imprisonment.
E. Convictions for second or subsequent violations of this
section shall not be subject to statutory pr ovisions for suspended
sentences, deferred sentences, or probation.
F. Any person convicted of any offense described i n this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
SECTION 14. AMENDATORY 63 O.S. 2021, Section 2 -407.1, is
amended to read as follows:
Section 2-407.1 A. For the purpose of inducing intoxication or
distortion or disturbance of the auditory, visual, muscular, or
mental process, no person shall ingest , use, or possess any
compound, liquid, or chemical which contains ethylchloride, butyl
nitrite, isobutyl nitrite, secondary butyl nitrit e, tertiary butyl
nitrite, amyl nitrite, isopropyl nitrite, isopenty l nitrite, or
mixtures containing butyl nitrite, is obutyl nitrite, secondary butyl
nitrite, tertiary butyl nitrite, amyl nitrite, isopropyl nitrite,
isopentyl nitrite, or any of their este rs, isomers, or analogues, or
any other similar compound.
B. No person shall possess, buy, sell, or otherwise transfer
any substance specified in subsection A of this section for the
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purpose of inducing or aiding any other person to inhale or ingest
such substance or otherwise violate the provisions of this section.
C. The provisions of subsections A and B of this sectio n shall
not apply to:
1. The possession and use of a substance specified in
subsection A of this section which is used as part of the ca re or
treatment by a licensed physician of a disease, condition or i njury
or pursuant to a prescription of a licensed p hysician; and
2. The possession of a substance specified in subsection A of
this section which is used as part of a known manufacturing process
or industrial operation when the possessor has obtained a pe rmit
from the State Department of Health.
D. The State Board of Health shall promulgate rules and
regulations establishing procedures for the application, form and
issuance of a permit to legitimate manufacturing and industrial
applicants as provided for in subsection C of this section.
E. Any person convicted of violating any provision of
subsection A or B of this section shall be guilty of a misdemeanor
punishable by imprisonment in the county jail not to exceed ninety
(90) days or by the imposition of a fine not to exceed Five Hundred
Dollars ($500.00), or by both such imprisonment and fine. Each
violation shall be considered a separate offense.
F. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pa y a special
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assessment trauma-care fee of One Hundr ed Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2522 of this title.
SECTION 15. AMENDATORY 63 O.S. 2021, Section 2 -415, is
amended to read as follows:
Section 2-415. A. The provisions of the Trafficking in Illegal
Drugs Act shall apply to persons convicted of violations with
respect to the following substanc es:
1. Marijuana;
2. Cocaine or coca leaves;
3. Heroin;
4. Amphetamine or methamphetamine;
5. Lysergic acid diethy lamide (LSD);
6. Phencyclidine (PCP);
7. Cocaine base, commonly known as "crack" or "rock";
8. 3,4-Methylenedioxy methamphetamine, com monly known as
"ecstasy" or MDMA;
9. Morphine;
10. Oxycodone;
11. Hydrocodone;
12. Benzodiazepine; or
13. Fentanyl and its analogs and derivatives.
B. Except as otherwise authorized by the Uniform Controlled
Dangerous Substances Act, it shall be unla wful for any person to:
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1. Knowingly distribute, manufacture, bring into this state or
possess a controlled substance specified in subsection A of this
section in the quantities specified in subsection C of this section;
2. Possess any controlled substan ce with the intent to
manufacture a controlled substance specified i n subsection A of this
section in quantities specif ied in subsection C of this section; or
3. Use or solicit the use of services of a person less than
eighteen (18) years of age to distri bute or manufacture a controlled
dangerous substance specified in su bsection A of this section in
quantities specified in subsection C of this section.
Violation of this section shall be known as "trafficking in
illegal drugs". Separate types of controlle d substances described
in subsection A of this section when possesse d at the same time in
violation of any provision of this section shall constitute a
separate offense for each substance.
Any person who commits the conduct described in paragraph 1, 2
or 3 of this subsection and represents the quantity of the
controlled substance to be an amount described in subsection C o f
this section shall be punished under the provisions appropriate for
the amount of controlled substance represented, regardless of the
actual amount.
C. In the case of a vio lation of the provisions of su bsection B
of this section, involving:
1. Marijuana:
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a. twenty-five (25) pounds or more of a mixture or
substance containing a detectable amount of marijuana
shall be punishable by a fine of not less than Twenty -
five Thousand Dollars ($25,000.00) and not more than
One Hundred Thousand Dollars ($100,000.00 ), or
b. one thousand (1,000) pounds or more of a mixture or
substance containing a detectable amount of marijuana
shall be deemed aggrav ated trafficking punishable by a
fine of not less than One Hundred T housand Dollars
($100,000.00) and not more than Fiv e Hundred Thousand
Dollars ($500,000.00);
2. Cocaine, coca leaves or cocaine base:
a. twenty-eight (28) grams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be punishable by a
fine of not less than Twenty-five Thousand Dollars
($25,000.00) and not more than One Hundred Thousand
Dollars ($100,000.00),
b. three hundred (300) gra ms or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be pu nishable by a
fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00), or
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c. four hundred fifty (450) gr ams or more of a mixture or
substance containing a detectable amount of cocaine,
coca leaves or cocaine base shall be deemed aggravated
trafficking punishable by a fine of not less than One
Hundred Thousand Dollars ($1 00,000.00) and not more
than Five Hundred Thousand Dollars ($500,000 .00);
3. Heroin:
a. ten (10) grams or more of a mi xture or substance
containing a detectable amount of heroin shall be
punishable by a fine of not less than Twenty -five
Thousand Dollars ($25,000.00) and not more than Fifty
Thousand Dollars ($50,000.00), o r
b. twenty-eight (28) grams or more of a mixture o r
substance containing a detectable amount of heroin
shall be deemed aggravated trafficking punishable by a
fine of not less than Fifty T housand Dollars
($50,000.00) and not m ore than Five Hundred Thousand
Dollars ($500,000.00);
4. Amphetamine or methamph etamine:
a. twenty (20) grams or more of a mixture or substance
containing a detectable amount of amphetamine or
methamphetamine shall be punishable by a fine of not
less than Twenty-five Thousand Dollars ($25,000.00)
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and not more than Two Hundred Thousand Dollars
($200,000.00),
b. two hundred (200) grams or more of a mixture or
substance containing a detectable amount of
amphetamine or methamphetamine shall be punishable by
a fine of not less than Fifty Th ousand Dollars
($50,000.00) and not more than Five Hundred Thousand
Dollars ($500,000.00), or
c. four hundred fifty (450) grams or more of a mixture or
substance containing a detectable am ount of
amphetamine or methamphetamine shall be deemed
aggravated trafficking punishable by a fine of not
less than Fifty Thousand Dollars ($50,000.00) and not
more than Five Hundred Thousand Dollars ($500,000.00);
5. Lysergic acid diethylamide (LSD):
a. one (1) gram or more of a mixture or s ubstance
containing a detectab le amount of lysergic acid
diethylamide (LSD) shall be trafficking punishable by
a term of imprisonment in the custody of the
Department of Corrections not to exceed twenty (20)
years and by a fine of not less than Fifty Thous and
Dollars ($50,000.00) and n ot more than One Hundred
Thousand Dollars ($100,000 .00), or
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b. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD) shall be aggravated trafficking
punishable by a term of imprisonment in the c ustody of
the Department of Corrections of not less than two (2)
years nor more than life and by a fine of not less
than One Hundred Thousand Dollars ($100,000.00) and
not more than Two Hu ndred Fifty Thousand Dollars
($250,000.00);
6. Phencyclidine (PCP):
a. twenty (20) grams or more of a substance contai ning a
mixture or substance containing a detectable amount of
phencyclidine (PCP) shall be trafficking punishable by
a term of imprisonme nt in the custody of the
Department of Corrections not to exceed twe nty (20)
years and by a fine of not less than Twenty Thousand
Dollars ($20,000.00) and not more than Fifty Thousand
Dollars ($50,000.00), or
b. one hundred fifty (150) grams or more of a s ubstance
containing a mixture or substance containing a
detectable amount of phencyclidine (PCP) shall be
aggravated trafficking punishable by a term of
imprisonment in the custody of the Department of
Corrections of not less than two (2) years nor more
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than life and by a fine of not less than Fifty
Thousand Dollars ($50,0 00.00) and not more than Two
Hundred Fifty Thousand Dollars ($250,000.00);
7. Methylenedioxy methamphetamine:
a. thirty (30) tablets or ten (10) grams of a mixture or
substance containing a detectable amount of 3,4 -
Methylenedioxy methamphetamine shall be trafficking
punishable by a term of imprisonment in the custody of
the Department of Corrections not to exceed twenty
(20) years and by a fine of not less than Twenty -five
Thousand Dollars ($25,000.00) and not more than One
Hundred Thousand Dollars ($100,0 00.00), or
b. one hundred (100) tablets or thirty ( 30) grams of a
mixture or substance containing a detectable amount of
3,4-Methylenedioxy methamphetamine shall be deemed
aggravated trafficking punishable by a term of
imprisonment in the custody of the De partment of
Corrections of not less than two (2) ye ars nor more
than life by a fine of not less than One Hundred
Thousand Dollars ($1 00,000.00) and not more than Five
Hundred Thousand Doll ars ($500,000.00);
8. Morphine: One thousand (1,000) grams or more of a mixture
containing a detectable amount of mor phine shall be trafficking
punishable by a term of imprisonment in the custody of the
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Department of Corrections not to exceed twenty (20) years and by a
fine of not less than One Hundred Thousand Dollars ( $100,000.00) and
not more than Five Hundred Thousan d Dollars ($500,000.00);
9. Oxycodone: Four hundred (400) grams or more of a mix ture
containing a detectable amount of oxycodone shall be trafficking
punishable by a term of imprisonment in the custody o f the
Department of Corrections not to exceed twent y (20) years and by a
fine of not less than One Hundred Thousand Dollars ($100,000 .00) and
not more than Five Hundred Thousand Dollars ($ 500,000.00);
10. Hydrocodone: Three thousand seven hundred fifty ( 3,750)
grams or more of a mixture containing a dete ctable amount of
hydrocodone shall be trafficking punishable by a term of
imprisonment in the custody of the Department of Corrections no t to
exceed twenty (20) years and by a fine of not less than One Hun dred
Thousand Dollars ($100,000.00) and not more th an Five Hundred
Thousand Dollars ($500,000.00);
11. Benzodiazepine: Five hundred (500) grams or more of a
mixture containing a detectab le amount of benzodiazepine shall be
trafficking punishable by a ter m of imprisonment not to exceed
twenty (20) years and by a fine of not less than One Hundred
Thousand Dollars ($100,000.00) and not m ore than Five Hundred
Thousand Dollars ($500,000.00); a nd
12. Fentanyl and its analogs and derivatives:
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a. one (1) gram or more of a mixture containing fentanyl
or carfentanil, or any fentanyl analogs or derivatives
shall be trafficking punishable by a te rm of
imprisonment in the custody of the Department of
Corrections not to exceed twenty (20) years and by a
fine of not less than One Hundred Thousand Dollars
($100,000.00) and not more than Two Hundred Fifty
Thousand Dollars ($250,000.00), or
b. five (5) grams or more of a mixture containing
fentanyl or carfentanil, or any fentanyl analogs or
derivatives shall be aggravated t rafficking punishable
by a term of imprisonment in the custody of the
Department of Corrections of not less than two (2)
years nor more than life and by a fine of not less
than Two Hundred Fifty Thousand Dollars ($250,000.00)
and not more than Five Hundred Thousand Dollars
($500,000.00).
D. Any person who violates the provisions of this section with
respect to marijuana, cocaine, coca leaves, cocaine base, heroin,
amphetamine or methamphet amine in a quantity specified in paragraphs
1, 2, 3 and 4 of subsect ion C of this section shall, in addition to
any fines specified by this section, be punishable by a term of
imprisonment as follows:
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1. For trafficking, a first violation of this section, a term
of imprisonment in the custody of the Department of Correcti ons not
to exceed twenty (20) years;
2. For trafficking, a second violation of this section, a term
of imprisonment in the custody of the Department of Corrections of
not less than four ( 4) years nor more than life, for which the
person shall serve fifty percent (50%) of the sentence before being
eligible for parole consideration;
3. For trafficking, a third or subsequent violation of this
section, a term of imprisonment in the custody of the Department of
Corrections of not less than twenty (20) years no r more than life,
of which the person shall serve f ifty percent (50%) of the sentence
before being eligible for parole consideration.
Persons convicted of trafficking shall not be eligible for
earned credits or any other type of credits which have the effe ct of
reducing the length of sentence to less than fifty percent (50%) of
the sentence imposed; and
If the person is convicted of agg ravated trafficking, the person
shall serve eighty-five percent (85%) of such sentence before being
eligible for parole con sideration.
E. The penalties specified in subsecti ons C and D of this
section are subject to the enhancements enumerated in subsecti ons E
and F of Section 2-401 of this title.
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F. Any person convicted of any offense described in this
section shall, in add ition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title and the assessment pursuant to
Section 2-503.2 of this title.
SECTION 16. REPEALER 19 O.S. 2021, Section 339.7, is
hereby repealed.
SECTION 17. REPEALER 20 O.S. 2021, Sections 1313.3 and
1313.4, are hereby repealed.
SECTION 18. REPEALER 63 O.S. 2021, Section 2 -503.2, is
hereby repealed.
SECTION 19. This act shall become effective Janua ry 1, 2025.
59-2-9278 MAH 01/11/24