Okla. Stat. tit. 20, § 20-1313.2
This is the official text of Okla. Stat. tit. 20, § 20-1313.2, part of Oklahoma’s Stat. tit. 20, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 20,." Browse the sections below, each linked to its official government source.
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Definitions - Fees in addition to fine
Official statutory text
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 of guilt, whether
pursuant to a plea of guilty or nolo contendere or otherwise, and
any deferred or suspended sentence or judgment;
Oklahoma Statutes - Title 20. Courts Page 464
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 including traffic
offenses but excluding parking and standing violations, punishable
by a fine of Ten Dollars ($10.00) or more or by incarceration or any
person forfeiting bond when charged with such an offense, shall be
ordered by the court to pay Ten Dollars ($10.00) as a separate fee,
which fee shall be in addition to and not in substitution for any
and all fines and penalties otherwise provided for by law for such
offense.
C. 1. Any person convicted of any misdemeanor or felony
offense shall pay a Laboratory Analysis Fee in the amount of One
Hundred Fifty Dollars ($150.00) for each offense if forensic science
or laboratory services are rendered or administered by the Oklahoma
State Bureau of Investigation (OSBI), by the Toxicology Laboratory
of the Office of the Chief Medical Examiner or by any municipality
or county in connection with the case. This fee shall be in
addition to and not a substitution for any and all fines and
penalties otherwise provided for by law for this offense.
2. The court clerk shall cause to be deposited the 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 either to:
a. the OSBI who shall deposit the monies into the OSBI
Revolving Fund provided for in Section 150.19a of
Title 74 of the Oklahoma Statutes for services
rendered or administered by the OSBI,
b. the Office of the Chief Medical Examiner who shall
deposit the monies into the Chief Medical Examiner
Revolving Fund provided for in Section 948 of Title 63
of the Oklahoma Statutes for services rendered or
administered by the Office of the Chief Medical
Examiner, or
c. the appropriate municipality or county for services
rendered or administered by a municipality or 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.
Oklahoma Statutes - Title 20. Courts Page 465
D. Upon conviction or bond forfeiture, the court shall collect
the fee provided for in subsection B of this section and deposit it
in an account created for that purpose. Except as otherwise
provided in subsection E of this section, monies shall be forwarded
monthly by the court clerk to the Council on Law Enforcement
Education and Training (CLEET). Beginning July 1, 2003, deposits
shall be due on the fifteenth day of each month for the 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. Such late fee shall be one percent
(1%) of the principal amount due per day beginning from the tenth
day after payment is due and accumulating until the late fee reaches
one hundred percent (100%) of the principal amount due. Beginning
on July 1, 1987, ninety percent (90%) of the monies received by
CLEET from the court clerks pursuant to this section shall be
ive
all or part of the late fee. Such late fee shall be one percent
(1%) of the principal amount due per day beginning from the tenth
day after payment is due and accumulating until the late fee reaches
one hundred percent (100%) of the principal amount due. Beginning
on July 1, 1987, ninety percent (90%) of the monies received by
CLEET from the court clerks pursuant to 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
F of this section, five and eighty-three one-hundredths percent
(5.83%) shall be deposited in the General Revenue Fund and thirty-
three and sixty-four one-hundredths percent (33.64%) shall be
deposited in the CLEET Training Center Revolving Fund created
pursuant to Section 3311.6 of Title 70 of the Oklahoma Statutes.
Along with the deposits required by this subsection, each court
shall also submit a report stating the total amount of funds
collected and the total number of fees imposed during the preceding
quarter. The report may be made on computerized or manual
disposition reports.
E. Any municipality or county having a basic law enforcement
academy approved by CLEET pursuant to the criteria developed by
CLEET for training law enforcement officers shall retain from monies
collected pursuant to subsections A through D of this section, Two
Dollars ($2.00) from each fee. These monies shall be deposited into
an account for the sole use of the municipality or county in
implementing its law enforcement training functions. Not more than
seven percent (7%) of the monies shall be used for court and
prosecution training. The court clerk of any such municipality or
county shall furnish to CLEET the report required by subsection D of
this section.
F. 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 of law
Oklahoma Statutes - Title 20. Courts Page 466
enforcement officers attending the basic academies, gifts, bequests,
contributions, tuition, fees, devises and the assessments levied
pursuant to the fund pursuant to law.
G. 1. Any person arrested or convicted of a felony offense or
convicted of a misdemeanor offense of assault and battery, domestic
abuse, stalking, possession of a controlled substance prohibited
under Schedule IV of the 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 every conviction for a misdemeanor
offense of assault and battery, domestic abuse, stalking, possession
of a controlled substance prohibited under 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,
arrest, felony conviction or every conviction for a misdemeanor
offense of assault and battery, domestic abuse, stalking, possession
of a controlled substance prohibited under 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 as
described in this subsection. The court clerk shall remit the
monies in the fund on a monthly basis directly to the OSBI who shall
deposit the monies into the OSBI Revolving Fund provided for in
Section 150.19a of Title 74 of the 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 DNA Index System (CODIS)
Database.
H. It shall be the responsibility of the court clerk to account
for and ensure the correctness and accuracy of payments made to the
state agencies identified in Sections 1313.2 through 1313.4 of this
title. Payments made directly to an 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 state agency.
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 of guilt, whether
pursuant to a plea of guilty or nolo contendere or otherwise, and
any deferred or suspended sentence or judgment;
Oklahoma Statutes - Title 20. Courts Page 464
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 including traffic
offenses but excluding parking and standing violations, punishable
by a fine of Ten Dollars ($10.00) or more or by incarceration or any
person forfeiting bond when charged with such an offense, shall be
ordered by the court to pay Ten Dollars ($10.00) as a separate fee,
which fee shall be in addition to and not in substitution for any
and all fines and penalties otherwise provided for by law for such
offense.
C. 1. Any person convicted of any misdemeanor or felony
offense shall pay a Laboratory Analysis Fee in the amount of One
Hundred Fifty Dollars ($150.00) for each offense if forensic science
or laboratory services are rendered or administered by the Oklahoma
State Bureau of Investigation (OSBI), by the Toxicology Laboratory
of the Office of the Chief Medical Examiner or by any municipality
or county in connection with the case. This fee shall be in
addition to and not a substitution for any and all fines and
penalties otherwise provided for by law for this offense.
2. The court clerk shall cause to be deposited the 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 either to:
a. the OSBI who shall deposit the monies into the OSBI
Revolving Fund provided for in Section 150.19a of
Title 74 of the Oklahoma Statutes for services
rendered or administered by the OSBI,
b. the Office of the Chief Medical Examiner who shall
deposit the monies into the Chief Medical Examiner
Revolving Fund provided for in Section 948 of Title 63
of the Oklahoma Statutes for services rendered or
administered by the Office of the Chief Medical
Examiner, or
c. the appropriate municipality or county for services
rendered or administered by a municipality or 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.
Oklahoma Statutes - Title 20. Courts Page 465
D. Upon conviction or bond forfeiture, the court shall collect
the fee provided for in subsection B of this section and deposit it
in an account created for that purpose. Except as otherwise
provided in subsection E of this section, monies shall be forwarded
monthly by the court clerk to the Council on Law Enforcement
Education and Training (CLEET). Beginning July 1, 2003, deposits
shall be due on the fifteenth day of each month for the 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. Such late fee shall be one percent
(1%) of the principal amount due per day beginning from the tenth
day after payment is due and accumulating until the late fee reaches
one hundred percent (100%) of the principal amount due. Beginning
on July 1, 1987, ninety percent (90%) of the monies received by
CLEET from the court clerks pursuant to this section shall be
ive
all or part of the late fee. Such late fee shall be one percent
(1%) of the principal amount due per day beginning from the tenth
day after payment is due and accumulating until the late fee reaches
one hundred percent (100%) of the principal amount due. Beginning
on July 1, 1987, ninety percent (90%) of the monies received by
CLEET from the court clerks pursuant to 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
F of this section, five and eighty-three one-hundredths percent
(5.83%) shall be deposited in the General Revenue Fund and thirty-
three and sixty-four one-hundredths percent (33.64%) shall be
deposited in the CLEET Training Center Revolving Fund created
pursuant to Section 3311.6 of Title 70 of the Oklahoma Statutes.
Along with the deposits required by this subsection, each court
shall also submit a report stating the total amount of funds
collected and the total number of fees imposed during the preceding
quarter. The report may be made on computerized or manual
disposition reports.
E. Any municipality or county having a basic law enforcement
academy approved by CLEET pursuant to the criteria developed by
CLEET for training law enforcement officers shall retain from monies
collected pursuant to subsections A through D of this section, Two
Dollars ($2.00) from each fee. These monies shall be deposited into
an account for the sole use of the municipality or county in
implementing its law enforcement training functions. Not more than
seven percent (7%) of the monies shall be used for court and
prosecution training. The court clerk of any such municipality or
county shall furnish to CLEET the report required by subsection D of
this section.
F. 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 of law
Oklahoma Statutes - Title 20. Courts Page 466
enforcement officers attending the basic academies, gifts, bequests,
contributions, tuition, fees, devises and the assessments levied
pursuant to the fund pursuant to law.
G. 1. Any person arrested or convicted of a felony offense or
convicted of a misdemeanor offense of assault and battery, domestic
abuse, stalking, possession of a controlled substance prohibited
under Schedule IV of the 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 every conviction for a misdemeanor
offense of assault and battery, domestic abuse, stalking, possession
of a controlled substance prohibited under 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,
arrest, felony conviction or every conviction for a misdemeanor
offense of assault and battery, domestic abuse, stalking, possession
of a controlled substance prohibited under 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 as
described in this subsection. The court clerk shall remit the
monies in the fund on a monthly basis directly to the OSBI who shall
deposit the monies into the OSBI Revolving Fund provided for in
Section 150.19a of Title 74 of the 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 DNA Index System (CODIS)
Database.
H. It shall be the responsibility of the court clerk to account
for and ensure the correctness and accuracy of payments made to the
state agencies identified in Sections 1313.2 through 1313.4 of this
title. Payments made directly to an 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 state agency.
Status: in_force · Read it on the official government site
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