Okla. Stat. tit. 47, § 47-7-606.2

A. Each district attorney may create within the district

attorney's office an Uninsured Vehicle Enforcement Diversion Program

and assign sufficient staff and resources for the efficient

operation of the program. The purpose of the Uninsured Vehicle

Enforcement Diversion Program is to authorize the district attorney

to divert complaints involving the failure to comply with mandatory

vehicle liability insurance coverage from criminal court to the

Uninsured Vehicle Enforcement Diversion Program and to enhance

public safety and security through increased compliance with

mandatory vehicle liability insurance coverage.

B. 1. Referral of a criminal complaint to the Uninsured

Vehicle Enforcement Diversion Program shall be at the discretion of

the district attorney. This act shall not limit the power of the

district attorney to prosecute Compulsory Insurance Law complaints.

2. Upon receipt of a complaint for failure to comply with the

Compulsory Insurance Law, the district attorney shall determine if

the complaint is one which is appropriate for deferred prosecution.

3. In determining whether to defer prosecution and refer a case

to the Uninsured Vehicle Enforcement Diversion Program, the district

attorney shall consider the following factors:

a. whether the criminal complaint alleges an offense

involving the failure to maintain required vehicle

liability insurance coverage,

b. whether it is in the best interest of the accused for

the accused person to be processed through deferred

prosecution in the Uninsured Vehicle Enforcement

Diversion Program,

c. the prospects for adequate protection of the public if

the accused person is processed through deferred

prosecution in the Uninsured Vehicle Enforcement

Diversion Program,

d. the number of criminal complaints against the

defendant previously received by the district

attorney,

e. whether or not there are other criminal complaints

currently pending against the defendant, and

f. the strength of the evidence of the particular

criminal complaint.

C. Upon referral of a complaint to the Uninsured Vehicle

Enforcement Diversion Program, a notice of the complaint shall be

forwarded by mail to the last known address of the record owner of

the vehicle. The notice shall contain:

1. The date the act which is the subject of the complaint

occurred;

2. A statement of the penalty for the violation of the

Compulsory Insurance Law which is the subject of the complaint;

Oklahoma Statutes - Title 47. Motor Vehicles Page 446

3. A statement that the records of the State of Oklahoma

indicate that the owner of the vehicle is not in compliance with the

provisions of the Compulsory Vehicle Insurance Law and that the

complaint against the owner has been referred to the Uninsured

Vehicle Enforcement Diversion Program; and

4. The date before which the owner must contact the office of

the district attorney concerning the complaint.

D. If the owner fails to comply with the letter, the district

attorney may file the information and proceed with the prosecution

of the owner as provided by law.

E. The district attorney may enter into a written agreement

with the owner pursuant to the provisions of Sections 305.1 through

305.6 of Title 22 of the Oklahoma Statutes to defer prosecution on

the complaint for a period to be determined by the district

attorney, not to exceed two (2) years. The conditions of an

agreement to defer prosecution shall include:

1. The owner shall provide verification of current insurance

upon request of the district attorney;

2. The owner shall comply with the provisions of the Compulsory

Insurance Law for the full term of the agreement; and

3. The owner shall not own or operate any vehicle in violation

of the Compulsory Insurance Law during the full term of the

agreement.

F. Each diversion agreement shall include a provision requiring

the owner to pay to the district attorney's office or District
rict attorney;

2. The owner shall comply with the provisions of the Compulsory

Insurance Law for the full term of the agreement; and

3. The owner shall not own or operate any vehicle in violation

of the Compulsory Insurance Law during the full term of the

agreement.

F. Each diversion agreement shall include a provision requiring

the owner to pay to the district attorney's office or District

Attorneys Council a fee equal to the amount which would have been

assessed as court costs upon the filing of the case in district

court pursuant to the provisions of Section 153 of Title 28 of the

Oklahoma Statutes. This fee shall be deposited in a special

district attorney fund with the county treasurer to be known as the

"Uninsured Vehicle Enforcement Diversion Program Fund". Diversion

fees paid to the District Attorneys Council shall be deposited in a

special fund to be known as the "Uninsured Vehicle Enforcement

Diversion Program Fund".

1. Each diversion agreement shall also include a provision

requiring the owner to pay an additional fee of Twenty Dollars

($20.00) to the District Attorneys Council, of which Five Dollars

($5.00) will be used in processing the payment, Ten Dollars ($10.00)

will be used in operating and maintaining the Compulsory Insurance

Verification System and Five Dollars ($5.00) will be deposited in

the Oklahoma Pension Improvement Revolving Fund created by section 2

of Enrolled Senate Bill No. 1128 of the 2nd Session of the 55th

Oklahoma Legislature.

2. The monies deposited in the Uninsured Vehicle Enforcement

Diversion Program Fund of a district attorney or the District

Attorneys Council shall be used by the district attorney and

District Attorneys Council to pay for all expenses and costs of

Oklahoma Statutes - Title 47. Motor Vehicles Page 447

equipping, operating and monitoring the vehicle insurance program,

including but not limited to, contractual payments to third-party

entities providing essential services and/or equipment for detection

of violations of Compulsory Insurance Law, and payment of reasonable

compensation to authorized and participating law enforcement

agencies as may be agreed between such entities, law enforcement

agencies and the district attorney or District Attorneys Council.

3. Proceeds from the Uninsured Vehicle Enforcement Diversion

Program administered by the District Attorneys Council may be used

to pay for any lawful expenditures associated with the operation of

the diversion program by the District Attorneys Council. The net

proceeds shall be allocated and distributed to the district

attorneys by the District Attorneys Council. District attorneys may

use proceeds from this diversion program to pay for any lawful

expenditure associated with the operation of the district attorney's

office.

4. The district attorney and District Attorneys Council shall

keep records of all monies deposited to and disbursed from the

Uninsured Vehicle Enforcement Diversion Program Fund. The records

of these funds shall be audited at the same time the records of the

district attorney and District Attorneys Council, respectively, are

audited.

5. If the owner furnishes proof to the satisfaction of the

district attorney's office or District Attorneys Council that the

required vehicle liability insurance coverage was in effect at the

time of the alleged violation, no fee shall be required.

G. Members of the district attorney's staff shall perform

duties in connection with the Uninsured Vehicle Enforcement

Diversion Program in addition to any other duties which may be

assigned by the district attorney.

H. District attorneys shall prepare and submit an annual report

to the District Attorneys Council showing total deposits and total

expenditures in the Uninsured Vehicle Enforcement Diversion Program.

Each district attorney shall submit information requested by the

District Attorneys Council regarding the Uninsured Vehicle
on to any other duties which may be

assigned by the district attorney.

H. District attorneys shall prepare and submit an annual report

to the District Attorneys Council showing total deposits and total

expenditures in the Uninsured Vehicle Enforcement Diversion Program.

Each district attorney shall submit information requested by the

District Attorneys Council regarding the Uninsured Vehicle

Enforcement Diversion Program.

By September 15 of each year following the implementation of the

Uninsured Vehicle Enforcement Program, the District Attorneys

Council shall publish an annual report for the previous fiscal year

of the Uninsured Vehicle Enforcement Diversion Program. An

electronic copy of the report shall be distributed to the Governor,

President Pro Tempore of the Senate, Speaker of the House of

Representatives and the chairs of the House and Senate

Appropriations Committees. The report required by this paragraph

shall include the number of cases processed, the total amount of

fees collected, the total cost of the program and such other

information as required by the District Attorneys Council.

Oklahoma Statutes - Title 47. Motor Vehicles Page 448