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.

Status: in_force · Read it on the official government site

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