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An Act
ENROLLED HOUSE
BILL NO. 1460 By: West (Tammy), Deck,
Blancett, Osburn, Kannady,
Stark, Pogemiller, Hill,
and Williams of the House
and
Gollihare and Nice of the
Senate
An Act relating to fees; amending 20 O.S. 2021,
Section 1313.2, which relates to fees and fines;
deleting the assessment of certain fee and deposit of
said fee into certain revolving fund; amending 22
O.S. 2021, Section 991a, as last amended by Section
1, Chapter 61, O.S.L. 2024 (22 O.S. Supp. 2024,
Section 991a), which relates to sentencing powers of
the court; deleting the assessment of certain fees
and deposit of said fees into certain revolving fund
or supervising authority; requiring assessment for
batterers; authorizing the court to waive prosecution
costs under certain circumstances; amending 22 O.S.
2021, Section 991c, which relates to deferred
sentences; updating internal citation; authorizing
the court to waive prosecution costs under certain
circumstances; amending 22 O.S. 2021, Section 1355A,
which relates to the Indigent Defense Act; deleting
the assessment of an application fee and deposit of
said fee into certain revolving fund; amending 28
O.S. 2021, Section 153, as amended by Section 2,
Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2024, Section
153), which relates to costs in criminal cases;
deleting the assessment of certain fee and deposit of
said fee into certain revolving fund; updating
language; amending 47 O.S. 2021, Section 11-902,
which relates to persons under the influence of
alcohol or other intoxicating substance; deleting the
ENR. H. B. NO. 1460 Page 2
assessment of certain fee and deposit into certain
revolving fund; and providing an effective date.
SUBJECT: Fees
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2021, Section 1313.2, 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 of guilt, whether
pursuant to a plea of guilty or nolo contendere or otherwise, and
any deferred or suspended sentence or judgment;
3. “Court” means any state or municipal court having
jurisdiction to impose a criminal fine or penalty; and
4. “DNA” means Deoxyribonucleic 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.
ENR. H. B. NO. 1460 Page 3
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.
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
ENR. H. B. NO. 1460 Page 4
(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
G 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. 1. Any person entering a plea of guilty or nolo contendere
or is found guilty of the crime of misdemeanor possession of
marijuana or drug paraphernalia shall 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 offense.
2. The court clerk shall cause to be deposited the amount of
Five Dollars ($5.00) as collected, for every adjudicated 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.
ENR. H. B. NO. 1460 Page 5
G. 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
enforcement officers attending the basic academies, gifts, bequests,
contributions, tuition, fees, devises and the assessments levied
pursuant to the fund pursuant to law.
H. 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,
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
ENR. H. B. NO. 1460 Page 6
the OSBI DNA Laboratory and OSBI Combined DNA Index System (CODIS)
Database.
I. 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.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 991a, as
last amended by Section 1, Chapter 61, O.S.L. 2024 (22 O.S. Supp.
2024, Section 991a), is amended to read as follows:
Section 991a. A. Except as otherwise provided in the Elderly
and Incapacitated Victim’s Protection Program, when a defendant is
convicted of a crime and no death sentence is imposed, the court
shall either:
1. Suspend the execution of sentence in whole or in part, with
or without probation. The court, in addition, may order the
convicted defendant at the time of sentencing or at any time during
the suspended sentence to do one or more of the following:
a. to provide restitution to the victim as provided by
Section 991f et seq. of this title or according to a
schedule of payments established by the sentencing
court, together with interest upon any pecuniary sum
at the rate of twelve percent (12%) per annum, if the
defendant agrees to pay such restitution or, in the
opinion of the court, if the defendant is able to pay
such restitution without imposing manifest hardship on
the defendant or the immediate family and if the
extent of the damage to the victim is determinable
with reasonable certainty,
b. to reimburse any state agency for amounts paid by the
state agency for hospital and medical expenses
incurred by the victim or victims, as a result of the
criminal act for which such person was convicted,
which reimbursement shall be made directly to the
state agency, with interest accruing thereon at the
rate of twelve percent (12%) per annum,
ENR. H. B. NO. 1460 Page 7
c. to engage in a term of community service without
compensation, according to a schedule consistent with
the employment and family responsibilities of the
person convicted,
d. to pay a reasonable sum into any trust fund
established pursuant to the provisions of Sections 176
through 180.4 of Title 60 of the Oklahoma Statutes and
which provides restitution payments by convicted
defendants to victims of crimes committed within this
state wherein such victim has incurred a financial
loss,
e. to confinement in the county jail for a period not to
exceed six (6) months,
f. to confinement as provided by law together with a term
of post-imprisonment community supervision for not
less than three (3) years of the total term allowed by
law for imprisonment, with or without restitution;
provided, however, the authority of this provision is
limited to Section 843.5 of Title 21 of the Oklahoma
Statutes when the offense involved sexual abuse or
sexual exploitation; Sections 681, 741 and 843.1 of
Title 21 of the Oklahoma Statutes when the offense
involved sexual abuse or sexual exploitation; and
Sections 865 et seq., 885, 886, 888, 891, 1021,
1021.2, 1021.3, 1040.13a, 1087, 1088, 1111.1, 1115 and
1123 of Title 21 of the Oklahoma Statutes,
g. to repay the reward or part of the reward paid by a
local certified crime stoppers program and the
Oklahoma Reward System. In determining whether the
defendant shall repay the reward or part of the
reward, the court shall consider the ability of the
defendant to make the payment, the financial hardship
on the defendant to make the required payment and the
importance of the information to the prosecution of
the defendant as provided by the arresting officer or
the district attorney with due regard for the
confidentiality of the records of the local certified
crime stoppers program and the Oklahoma Reward System.
The court shall assess this repayment against the
defendant as a cost of prosecution. The term
“certified” means crime stoppers organizations that
ENR. H. B. NO. 1460 Page 8
annually meet the certification standards for crime
stoppers programs established by the Oklahoma Crime
Stoppers Association to the extent those standards do
not conflict with state statutes. The term “court”
refers to all municipal and district courts within
this state. The “Oklahoma Reward System” means the
reward program established by Section 150.18 of Title
74 of the Oklahoma Statutes,
h. to reimburse the Oklahoma State Bureau of
Investigation for costs incurred by that agency during
its investigation of the crime for which the defendant
pleaded guilty, nolo contendere or was convicted
including compensation for laboratory, technical or
investigation services performed by the Bureau if, in
the opinion of the court, the defendant is able to pay
without imposing manifest hardship on the defendant,
and if the costs incurred by the Bureau during the
investigation of the defendant’s case may be
determined with reasonable certainty,
i. to reimburse the Oklahoma State Bureau of
Investigation and any authorized law enforcement
agency for all costs incurred by that agency for
cleaning up an illegal drug laboratory site for which
the defendant pleaded guilty, nolo contendere or was
convicted. The court clerk shall collect the amount
and may retain five percent (5%) of such monies to be
deposited in the Court Clerk’s Revolving Fund to cover
administrative costs and shall remit the remainder to
the Oklahoma State Bureau of Investigation to be
deposited in the OSBI Revolving Fund established by
Section 150.19a of Title 74 of the Oklahoma Statutes
or to the general fund wherein the other law
enforcement agency is located,
j. to pay a reasonable sum to the Crime Victims
Compensation Board, created by Section 142.2 et seq.
of Title 21 of the Oklahoma Statutes, for the benefit
of crime victims,
k.
ENR. H. B. NO. 1460 Page 9
j. to reimburse the court fund for amounts paid to court-
appointed attorneys for representing the defendant in
the case in which the person is being sentenced,
l.
k. to participate in an assessment and evaluation by an
assessment agency or assessment personnel certified by
the Department of Mental Health and Substance Abuse
Services pursuant to Section 3-460 of Title 43A of the
Oklahoma Statutes and, as determined by the
assessment, participate in an alcohol and drug
substance abuse course or treatment program or both,
pursuant to Sections 3-452 and 3-453 of Title 43A of
the Oklahoma Statutes, or as ordered by the court,
m.
l. to be placed in a victims impact panel program, as
defined in subsection H of this section, or
victim/offender reconciliation program and payment of
a fee to the program of Seventy-five Dollars ($75.00)
as set by the governing authority of the program to
offset the cost of participation by the defendant.
Provided, each victim/offender reconciliation program
shall be required to obtain a written consent form
voluntarily signed by the victim and defendant that
specifies the methods to be used to resolve the
issues, the obligations and rights of each person and
the confidentiality of the proceedings. Volunteer
mediators and employees of a victim/offender
reconciliation program shall be immune from liability
and have rights of confidentiality as provided in
Section 1805 of Title 12 of the Oklahoma Statutes,
n.
m. to install, at the expense of the defendant, an
ignition interlock device approved by the Board of
Tests for Alcohol and Drug Influence. The device
shall be installed upon every motor vehicle operated
by the defendant, and the court shall require that a
notation of this restriction be affixed to the
defendant’s driver license. The restriction shall
remain on the driver license not exceeding two (2)
ENR. H. B. NO. 1460 Page 10
years to be determined by the court. The restriction
may be modified or removed only by order of the court
and notice of any modification order shall be given to
Service Oklahoma. Upon the expiration of the period
for the restriction, Service Oklahoma shall remove the
restriction without further court order. Failure to
comply with the order to install an ignition interlock
device or operating any vehicle without a device
during the period of restriction shall be a violation
of the sentence and may be punished as deemed proper
by the sentencing court. As used in this paragraph,
“ignition interlock device” means a device that,
without tampering or intervention by another person,
would prevent the defendant from operating a motor
vehicle if the defendant has a blood or breath alcohol
concentration of two-hundredths (0.02) or greater,
o.
n. to be confined by electronic monitoring administered
and supervised by the Department of Corrections or a
community sentence provider, and payment of a
monitoring fee to the supervising authority, not to
exceed Three Hundred Dollars ($300.00) per month. Any
fees collected pursuant to this subparagraph shall be
deposited with the appropriate supervising authority.
Any willful violation of an order of the court for the
payment of the monitoring fee shall be a violation of
the sentence and may be punished as deemed proper by
the sentencing court. As used in this paragraph,
“electronic monitoring” means confinement of the
defendant within a specified location or locations
with supervision by means of an electronic device
approved by the Department of Corrections which is
designed to detect if the defendant is in the court-
ordered location at the required times and which
records violations for investigation by a qualified
supervisory agency or person,
p.
o. to perform one or more courses of treatment, education
or rehabilitation for any conditions, behaviors,
deficiencies or disorders which may contribute to
criminal conduct including but not limited to alcohol
ENR. H. B. NO. 1460 Page 11
and substance abuse, mental health, emotional health,
physical health, propensity for violence, antisocial
behavior, personality or attitudes, deviant sexual
behavior, child development, parenting assistance, job
skills, vocational-technical skills, domestic
relations, literacy, education or any other
identifiable deficiency which may be treated
appropriately in the community and for which a
certified provider or a program recognized by the
court as having significant positive impact exists in
the community. Any treatment, education or
rehabilitation provider required to be certified
pursuant to law or rule shall be certified by the
appropriate state agency or a national organization,
q.
p. to submit to periodic testing for alcohol,
intoxicating substance or controlled dangerous
substances by a qualified laboratory,
r.
q. to pay a fee or costs for treatment, education,
supervision, participation in a program or any
combination thereof as determined by the court, based
upon the defendant’s ability to pay the fees or costs,
s.
r. to be supervised by a Department of Corrections
employee, a private supervision provider or other
person designated by the court,
t.
s. to obtain positive behavior modeling by a trained
mentor,
u.
t. to serve a term of confinement in a restrictive
housing facility available in the community,
v.
ENR. H. B. NO. 1460 Page 12
u. to serve a term of confinement in the county jail at
night or during weekends pursuant to Section 991a-2 of
this title or for work release,
w.
v. to obtain employment or participate in employment-
related activities,
x.
w. to participate in mandatory day reporting to
facilities or persons for services, payments, duties
or person-to-person contacts as specified by the
court,
y.
x. to pay day fines not to exceed fifty percent (50%) of
the net wages earned. For purposes of this paragraph,
“day fine” means the offender is ordered to pay an
amount calculated as a percentage of net daily wages
earned. The day fine shall be paid to the local
community sentencing system as reparation to the
community. Day fines shall be used to support the
local system,
z.
y. to submit to blood or saliva testing as required by
subsection I of this section,
aa.
z. to repair or restore property damaged by the
defendant’s conduct, if the court determines the
defendant possesses sufficient skill to repair or
restore the property and the victim consents to the
repairing or restoring of the property,
bb.
aa. to restore damaged property in kind or payment of out-
of-pocket expenses to the victim, if the court is able
ENR. H. B. NO. 1460 Page 13
to determine the actual out-of-pocket expenses
suffered by the victim,
cc.
bb. to attend a victim-offender reconciliation program if
the victim agrees to participate and the offender is
deemed appropriate for participation,
dd.
cc. in the case of a person convicted of prostitution
pursuant to Section 1029 of Title 21 of the Oklahoma
Statutes, require such person to receive counseling
for the behavior which may have caused such person to
engage in prostitution activities. Such person may be
required to receive counseling in areas including but
not limited to alcohol and substance abuse, sexual
behavior problems or domestic abuse or child abuse
problems,
ee.
dd. in the case of a sex offender sentenced after November
1, 1989, and required by law to register pursuant to
the Sex Offender Registration Act, the court shall
require the person to comply with sex offender
specific rules and conditions of supervision
established by the Department of Corrections and
require the person to participate in a treatment
program designed for the treatment of sex offenders
during the period of time while the offender is
subject to supervision by the Department of
Corrections. The treatment program shall include
polygraph examinations specifically designed for use
with sex offenders for purposes of supervision and
treatment compliance, and shall be administered not
less than each six (6) months during the period of
supervision. The examination shall be administered by
a certified licensed polygraph examiner. The
treatment program must be approved by the Department
of Corrections or the Department of Mental Health and
Substance Abuse Services. Such treatment shall be at
the expense of the defendant based on the defendant’s
ability to pay,
ENR. H. B. NO. 1460 Page 14
ff.
ee. in addition to other sentencing powers of the court,
the court in the case of a defendant being sentenced
for a felony conviction for a violation of Section 2-
402 of Title 63 of the Oklahoma Statutes which
involves marijuana may require the person to
participate in a drug court program, if available. If
a drug court program is not available, the defendant
may be required to participate in a community
sanctions program, if available,
gg.
ff. in the case of a person convicted of any false or
bogus check violation, as defined in Section 1541.4 of
Title 21 of the Oklahoma Statutes, impose a fee of
Twenty-five Dollars ($25.00) to the victim for each
check, and impose a bogus check fee to be paid to the
district attorney. The bogus check fee paid to the
district attorney shall be equal to the amount
assessed as court costs plus Twenty-five Dollars
($25.00) for each check upon filing of the case in
district court. This money shall be deposited in the
Bogus Check Restitution Program Fund as established in
subsection B of Section 114 of this title.
Additionally, the court may require the offender to
pay restitution and bogus check fees on any other
bogus check or checks that have been submitted to the
Bogus Check Restitution Program, and
hh.
gg. in the case of a person convicted of an offense under
Section 644 of Title 21 of the Oklahoma Statutes,
require the person to receive an assessment for
batterers, which shall be conducted through a
certified treatment program for batterers, and
hh. any other provision specifically ordered by the court.
However, any such order for restitution, community service,
payment to a local certified crime stoppers program, payment to the
Oklahoma Reward System or confinement in the county jail, or a
ENR. H. B. NO. 1460 Page 15
combination thereof, shall be made in conjunction with probation and
shall be made a condition of the suspended sentence.
However, unless under the supervision of the district attorney,
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 incurred
during the prosecution of the offender and for the additional work
of verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requirement in the best interests of justice. The
court shall not may waive, suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that
a reduction in the fine, costs and costs of prosecution is
warranted, the court shall equally apply the same percentage
reduction to the fine, costs and costs of prosecution owed by the
offender the same manner as the court waives financial obligations
pursuant to Section 983 of this title. Any unpaid costs of
prosecution shall be waived if the suspended sentence of an offender
expires without being revoked;
2. Impose a fine prescribed by law for the offense, with or
without probation or commitment and with or without restitution or
service as provided for in this section, Section 991a-4.1 of this
title or Section 227 of Title 57 of the Oklahoma Statutes;
3. Commit such person for confinement provided for by law with
or without restitution as provided for in this section;
4. Order the defendant to reimburse the Oklahoma State Bureau
of Investigation for costs incurred by that agency during its
investigation of the crime for which the defendant pleaded guilty,
nolo contendere or was convicted including compensation for
laboratory, technical or investigation services performed by the
Bureau if, in the opinion of the court, the defendant is able to pay
without imposing manifest hardship on the defendant, and if the
costs incurred by the Bureau during the investigation of the
defendant’s case may be determined with reasonable certainty;
5. Order the defendant to reimburse the Oklahoma State Bureau
of Investigation for all costs incurred by that agency for cleaning
up an illegal drug laboratory site for which the defendant pleaded
guilty, nolo contendere or was convicted. The court clerk shall
collect the amount and may retain five percent (5%) of such monies
to be deposited in the Court Clerk’s Revolving Fund to cover
ENR. H. B. NO. 1460 Page 16
administrative costs and shall remit the remainder to the Oklahoma
State Bureau of Investigation to be deposited in the OSBI Revolving
Fund established by Section 150.19a of Title 74 of the Oklahoma
Statutes;
6. In the case of nonviolent felony offenses, sentence such
person to the Community Service Sentencing Program;
7. 6. In addition to the other sentencing powers of the court,
in the case of a person convicted 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 or
another intoxicating substance, or convicted of operating a motor
vehicle while the ability of the person to operate such vehicle was
impaired due to the consumption of alcohol, require such person:
a. to participate in an alcohol and drug assessment and
evaluation by an assessment agency or assessment
personnel certified by the Department of Mental Health
and Substance Abuse Services pursuant to Section 3-460
of Title 43A of the Oklahoma Statutes and, as
determined by the assessment, participate in an
alcohol and drug substance abuse course or treatment
program or both, pursuant to Sections 3-452 and 3-453
of Title 43A of the Oklahoma Statutes,
b. to attend a victims impact panel program, as defined
in subsection H of this section, and 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 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,
c. to both participate in the alcohol and drug substance
abuse course or treatment program, pursuant to
subparagraph a of this paragraph and attend a victims
impact panel program, pursuant to subparagraph b of
this paragraph,
d. to install, at the expense of the person, an ignition
interlock device approved by the Board of Tests for
Alcohol and Drug Influence, upon every motor vehicle
operated by such person and to require that a notation
of this restriction be affixed to the person’s driver
ENR. H. B. NO. 1460 Page 17
license at the time of reinstatement of the license.
The restriction shall remain on the driver license for
such period as the court shall determine. The
restriction may be modified or removed by order of the
court and notice of the order shall be given to
Service Oklahoma. Upon the expiration of the period
for the restriction, Service Oklahoma shall remove the
restriction without further court order. Failure to
comply with the order to install an ignition interlock
device or operating any vehicle without such device
during the period of restriction shall be a violation
of the sentence and may be punished as deemed proper
by the sentencing court, or
e. beginning January 1, 1993, to submit to electronically
monitored home detention administered and supervised
by the Department of Corrections, and to pay to the
Department a monitoring fee, not to exceed Seventy-
five Dollars ($75.00) a month, to the Department of
Corrections, if in the opinion of the court the
defendant has the ability to pay such fee. Any fees
collected pursuant to this subparagraph shall be
deposited in the Department of Corrections Revolving
Fund. Any order by the court for the payment of the
monitoring fee, if willfully disobeyed, may be
enforced as an indirect contempt of court;
8. 7. In addition to the other sentencing powers of the court,
in the case of a person convicted of prostitution pursuant to
Section 1029 of Title 21 of the Oklahoma Statutes, require such
person to receive counseling for the behavior which may have caused
such person to engage in prostitution activities. Such person may
be required to receive counseling in areas including but not limited
to alcohol and substance abuse, sexual behavior problems or domestic
abuse or child abuse problems;
9. 8. In addition to the other sentencing powers of the court,
in the case of a person convicted of any crime related to domestic
abuse, as defined in Section 60.1 of this title, the court may
require the defendant to undergo the treatment or participate in the
counseling services necessary to bring about the cessation of
domestic abuse against the victim. The defendant may be required to
pay all or part of the cost of the treatment or counseling services;
ENR. H. B. NO. 1460 Page 18
10. 9. In addition to the other sentencing powers of the court,
the court, in the case of a sex offender sentenced after November 1,
1989, and required by law to register pursuant to the Sex Offenders
Registration Act, shall require the defendant to participate in a
treatment program designed specifically for the treatment of sex
offenders, if available. The treatment program will include
polygraph examinations specifically designed for use with sex
offenders for the purpose of supervision and treatment compliance,
provided the examination is administered by a certified licensed
polygraph examiner. The treatment program must be approved by the
Department of Corrections or the Department of Mental Health and
Substance Abuse Services. Such treatment shall be at the expense of
the defendant based on the ability of the defendant to pay;
11. 10. In addition to the other sentencing powers of the
court, the court, in the case of a person convicted of abuse or
neglect of a child, as defined in Section 1-1-105 of Title 10A of
the Oklahoma Statutes, may require the person to undergo treatment
or to participate in counseling services. The defendant may be
required to pay all or part of the cost of the treatment or
counseling services;
12. 11. In addition to the other sentencing powers of the
court, the court, in the case of a person convicted of cruelty to
animals pursuant to Section 1685 of Title 21 of the Oklahoma
Statutes, may require the person to pay restitution to animal
facilities for medical care and any boarding costs of victimized
animals;
13. 12. In addition to the other sentencing powers of the
court, a sex offender who is habitual or aggravated as defined by
Section 584 of Title 57 of the Oklahoma Statutes and who is required
to register as a sex offender pursuant to the Sex Offenders
Registration Act shall be supervised by the Department of
Corrections for the duration of the registration period and shall be
assigned to a global position monitoring device by the Department of
Corrections for the duration of the registration period. The cost
of such monitoring device shall be reimbursed by the offender;
14. 13. In addition to the other sentencing powers of the
court, in the case of a sex offender who is required by law to
register pursuant to the Sex Offenders Registration Act, the court
may prohibit the person from accessing or using any Internet social
networking website that has the potential or likelihood of allowing
ENR. H. B. NO. 1460 Page 19
the sex offender to have contact with any child who is under the age
of eighteen (18) years;
15. 14. In addition to the other sentencing powers of the
court, in the case of a sex offender who is required by law to
register pursuant to the Sex Offenders Registration Act, the court
shall require the person to register any electronic mail address
information, instant message, chat or other Internet communication
name or identity information that the person uses or intends to use
while accessing the Internet or used for other purposes of social
networking or other similar Internet communication; or
16. 15. In addition to the other sentencing powers of the
court, and pursuant to the terms and conditions of a written plea
agreement, the court may prohibit the defendant from entering,
visiting or residing within the judicial district in which the
defendant was convicted until after completion of his or her
sentence; provided, however, the court shall ensure that the
defendant has access to those services or programs for which the
defendant is required to participate as a condition of probation.
When seeking to enter the prohibited judicial district for personal
business not related to his or her criminal case, the defendant
shall be required to obtain approval by the court.
B. Notwithstanding any other provision of law, any person who
is found guilty of a violation of any provision of Section 761 or
11-902 of Title 47 of the Oklahoma Statutes or any person pleading
guilty or nolo contendere for a violation of any provision of such
sections shall be ordered to participate in, prior to sentencing, an
alcohol and drug assessment and evaluation by an assessment agency
or assessment personnel certified by the Department of Mental Health
and Substance Abuse Services for the purpose of evaluating the
receptivity to treatment and prognosis of the person. The court
shall order the person to reimburse the agency or assessor for the
evaluation. The fee shall be the amount provided in subsection C of
Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
shall be conducted at a certified assessment agency, the office of a
certified assessor or at another location as ordered by the court.
The agency or assessor shall, within seventy-two (72) hours from the
time the person is assessed, submit a written report to the court
for the purpose of assisting the court in its final sentencing
determination. 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 shall
solicit or refer any person evaluated pursuant to this subsection
ENR. H. B. NO. 1460 Page 20
for any treatment program or alcohol and drug substance abuse
service in which such person, agency or facility has a vested
interest; however, this provision shall not be construed to prohibit
the court from ordering participation in or any person from
voluntarily utilizing a treatment program or alcohol and drug
substance abuse service offered by such person, agency or facility.
If a person is sentenced to the custody of the Department of
Corrections and the court has received a written evaluation report
pursuant to this subsection, the report shall be furnished to the
Department of Corrections with the judgment and sentence. Any
evaluation report submitted to the court pursuant to this subsection
shall be handled in a manner which will keep such report
confidential from the general public’s review. Nothing contained in
this subsection shall be construed to prohibit the court from
ordering judgment and sentence in the event the defendant fails or
refuses to comply with an order of the court to obtain the
evaluation required by this subsection.
C. When sentencing a person convicted of a crime, the court
shall first consider a program of restitution for the victim, as
well as imposition of a fine or incarceration of the offender. The
provisions of paragraph 1 of subsection A of this section shall not
apply to defendants being sentenced upon their third or subsequent
to their third conviction of a felony. Provided, the court may
waive these prohibitions upon written application of the district
attorney. Both the application and the waiver shall be made part of
the record of the case.
D. When sentencing a person convicted of a crime, the judge
shall consider any victim impact statements if submitted to the
jury, or the judge in the event a jury is waived.
E. Probation, for purposes of subsection A of this section, is
a procedure by which a defendant found guilty of a crime, whether
upon a verdict or plea of guilty or upon a plea of nolo contendere,
is released by the court subject to conditions imposed by the court
and subject to supervision by the Department of Corrections, a
private supervision provider or other person designated by the
court. Such supervision shall be initiated upon an order of
probation from the court, and shall not exceed two (2) years, unless
a petition alleging a violation of any condition of deferred
judgment or seeking revocation of the suspended sentence is filed
during the supervision, or as otherwise provided by law. In the
case of a person convicted of a sex offense, supervision shall begin
immediately upon release from incarceration or if parole is granted
ENR. H. B. NO. 1460 Page 21
and shall not be limited to two (2) years. Provided further, any
supervision provided for in this section may be extended for a
period not to exceed the expiration of the maximum term or terms of
the sentence upon a determination by the court or the Division of
Probation and Parole of the Department of Corrections that the best
interests of the public and the release will be served by an
extended period of supervision.
F. The Department of Corrections, or such other agency as the
court may designate, shall be responsible for the monitoring and
administration of the restitution and service programs provided for
by subparagraphs a, c and d of paragraph 1 of subsection A of this
section, and shall ensure that restitution payments are forwarded to
the victim and that service assignments are properly performed.
G. 1. The Department of Corrections is hereby authorized,
subject to funds available through appropriation by the Legislature,
to contract with counties for the administration of county Community
Service Sentencing Programs.
2. Any offender eligible to participate in the Program pursuant
to this section shall be eligible to participate in a county
Program; provided, participation in county-funded Programs shall not
be limited to offenders who would otherwise be sentenced to
confinement with the Department of Corrections.
3. The Department shall establish criteria and specifications
for contracts with counties for such Programs. A county may apply
to the Department for a contract for a county-funded Program for a
specific period of time. The Department shall be responsible for
ensuring that any contracting county complies in full with
specifications and requirements of the contract. The contract shall
set appropriate compensation to the county for services to the
Department.
4. The Department is hereby authorized to provide technical
assistance to any county in establishing a Program, regardless of
whether the county enters into a contract pursuant to this
subsection. Technical assistance shall include appropriate
staffing, development of community resources, sponsorship,
supervision and any other requirements.
5. The Department shall annually make a report to the Governor,
the President Pro Tempore of the Senate and the Speaker of the House
on the number of such Programs, the number of participating
ENR. H. B. NO. 1460 Page 22
offenders, the success rates of each Program according to criteria
established by the Department and the costs of each Program.
H. As used in this section:
1. “Ignition interlock device” means a device that, without
tampering or intervention by another person, would prevent the
defendant from operating a motor vehicle if the defendant has a
blood or breath alcohol concentration of two-hundredths (0.02) or
greater;
2. “Electronically monitored home detention” means
incarceration of the defendant within a specified location or
locations with monitoring by means of a device approved by the
Department of Corrections that detects if the person leaves the
confines of any specified location; and
3. “Victims impact panel program” means a program conducted by
a corporation registered with the Secretary of State in Oklahoma for
the sole purpose of operating a victims impact panel program. The
program shall include live presentations from presenters who will
share personal stories with participants about how alcohol, drug
abuse, the operation of a motor vehicle while using an electronic
communication device or the illegal conduct of others has personally
impacted the lives of the presenters. A victims impact panel
program shall be attended by persons who have committed the offense
of driving, operating or being in actual physical control of a motor
vehicle while under the influence of alcohol or other intoxicating
substance, operating a motor vehicle while the ability of the person
to operate such vehicle was impaired due to the consumption of
alcohol or any other substance or operating a motor vehicle while
using an electronic device or by persons who have been convicted of
furnishing alcoholic beverage to persons under twenty-one (21) years
of age, as provided in Sections 6-101 and 6-120 of Title 37A of the
Oklahoma Statutes. Persons attending a victims impact panel program
shall be required to pay a fee of Seventy-five Dollars ($75.00) to
the provider of the program. A certificate of completion shall be
issued to the person upon satisfying the attendance and fee
requirements of the victims impact panel program. The certificate
of completion shall contain the business identification number of
the program provider. A certified assessment agency, certified
assessor or provider of an alcohol and drug substance abuse course
shall be prohibited from providing a victims impact panel program
and shall further be prohibited from having any proprietary or
pecuniary interest in a victims impact panel program. The provider
ENR. H. B. NO. 1460 Page 23
of the victims impact panel program shall carry general liability
insurance and maintain an accurate accounting of all business
transactions and funds received in relation to the victims impact
panel program. Beginning October 1, 2020, and each October 1
thereafter, the provider of the victims impact panel program shall
provide to the District Attorneys Council the following:
a. proof of registration with the Oklahoma Secretary of
State,
b. proof of general liability insurance,
c. end-of-year financial statements prepared by a
certified public accountant,
d. a copy of federal income tax returns filed with the
Internal Revenue Service,
e. a registration fee of One Thousand Dollars
($1,000.00). The registration fee shall be deposited
in the District Attorneys Council Revolving Fund
created in Section 215.28 of Title 19 of the Oklahoma
Statutes, and
f. a statement certifying that the provider of the
victims impact panel program has complied with all of
the requirements set forth in this paragraph.
I. A person convicted of a felony offense or receiving any form
of probation for an offense in which registration is required
pursuant to the Sex Offenders Registration Act, shall submit to
deoxyribonucleic acid (DNA) testing for law enforcement
identification purposes in accordance with Section 150.27 of Title
74 of the Oklahoma Statutes and the rules promulgated by the
Oklahoma State Bureau of Investigation for the OSBI Combined DNA
Index System (CODIS) Database. Subject to the availability of
funds, any person convicted of 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, escape
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, or any alien unlawfully
ENR. H. B. NO. 1460 Page 24
present under federal immigration law, upon arrest, shall submit to
DNA testing for law enforcement identification purposes in
accordance with Section 150.27 of Title 74 of the Oklahoma Statutes
and the rules promulgated by the Oklahoma State Bureau of
Investigation for the OSBI Combined DNA Index System (CODIS)
Database. Any defendant sentenced to probation shall be required to
submit to testing within thirty (30) days of sentencing either to
the Department of Corrections or to the county sheriff or other
peace officer as directed by the court. Defendants who are
sentenced to a term of incarceration shall submit to testing in
accordance with Section 530.1 of Title 57 of the Oklahoma Statutes,
for those defendants who enter the custody of the Department of
Corrections or to the county sheriff, for those defendants sentenced
to incarceration in a county jail. Convicted individuals who have
previously submitted to DNA testing under this section and for whom
a valid sample is on file in the OSBI Combined DNA Index System
(CODIS) Database at the time of sentencing shall not be required to
submit to additional testing. Except as required by the Sex
Offenders Registration Act, a deferred judgment does not require
submission to DNA testing.
Any person who is incarcerated in the custody of the Department
of Corrections after July 1, 1996, and who has not been released
before January 1, 2006, shall provide a blood or saliva sample prior
to release. Every person subject to DNA testing after January 1,
2006, whose sentence does not include a term of confinement with the
Department of Corrections shall submit a blood or saliva sample.
Every person subject to DNA testing who is sentenced to unsupervised
probation or otherwise not supervised by the Department of
Corrections shall submit for blood or saliva testing to the sheriff
of the sentencing county.
J. Samples of blood or saliva for DNA testing required by
subsection I of this section shall be taken by employees or
contractors of the Department of Corrections, peace officers, or the
county sheriff or employees or contractors of the sheriff’s office.
The individuals shall be properly trained to collect blood or saliva
samples. Persons collecting blood or saliva for DNA testing
pursuant to this section shall be immune from civil liabilities
arising from this activity. All collectors of DNA samples shall
ensure the collection of samples are mailed to the Oklahoma State
Bureau of Investigation within ten (10) days of the time the subject
appears for testing or within ten (10) days of the date the subject
comes into physical custody to serve a term of incarceration. All
collectors of DNA samples shall use sample kits provided by the OSBI
ENR. H. B. NO. 1460 Page 25
and procedures promulgated by the OSBI. Persons subject to DNA
testing who are not received at the Lexington Assessment and
Reception Center shall be required to pay a fee of Fifteen Dollars
($15.00) to the agency collecting the sample for submission to the
OSBI Combined DNA Index System (CODIS) Database. Any fees collected
pursuant to this subsection shall be deposited in the revolving
account or the service fee account of the collection agency or
department.
K. When sentencing a person who has been convicted of a crime
that would subject that person to the provisions of the Sex
Offenders Registration Act, neither the court nor the district
attorney shall be allowed to waive or exempt such person from the
registration requirements of the Sex Offenders Registration Act.
SECTION 3. AMENDATORY 22 O.S. 2021, Section 991c, is
amended to read as follows:
Section 991c. A. Upon a verdict or plea of guilty 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 various
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;
5. County jail confinement for a period not to exceed ninety
(90) days or the maximum amount of jail time provided for the
offense, if it is less than ninety (90) days;
ENR. H. B. NO. 1460 Page 26
6. Pay an amount as reimbursement for reasonable attorney fees,
to be paid into the court fund, if a court-appointed attorney has
been provided to the defendant;
7. Be supervised in the community for a period not to exceed
eighteen (18) months, unless 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 supervision 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 during which the
proceedings are deferred when the defendant is not 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;
9. Make other reparations to the community or victim as
required and deemed appropriate by the court;
10. Order any conditions which can be imposed for a suspended
sentence pursuant to paragraph 1 of subsection A of Section 991a of
this title; or
11. Any combination of the above provisions in paragraphs 1
through 10 of this subsection.
However, unless under the supervision of the district attorney,
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 incurred
during the prosecution of the offender and for the additional work
of verifying the compliance of the offender with the rules and
conditions of his or her probation. The district attorney may waive
any part of this requirement in the best interests of justice. The
court shall not may waive, suspend, defer or dismiss the costs of
prosecution in its entirety. However, if the court determines that
a reduction in the fine, costs and costs of prosecution is
warranted, the court shall equally apply the same percentage
ENR. H. B. NO. 1460 Page 27
reduction to the fine, costs and costs of prosecution owed by the
offender the same manner as the court waives financial obligations
pursuant to Section 983 of this title. Any unpaid costs of
prosecution shall be waived if the deferred sentence of an offender
expires without being accelerated. Any fees collected by the
district attorney pursuant to this paragraph shall be deposited in
the General Revenue Fund of the State Treasury.
B. When the court has ordered restitution as a condition of
supervision as provided for in subsection A of this section and that
condition has not been satisfied, the court may, at any time prior
to the termination or expiration 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 of
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 Mental
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 facility, the office of
a qualified practitioner or at another location as ordered by the
court. The facility or qualified practitioner shall, within
seventy-two (72) hours from the time the person is assessed, submit
a written report to the court for the purpose of assisting the court
in its determination of conditions 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 shall 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 interest; however, this
provision shall not be construed to prohibit the court from ordering
ENR. H. B. NO. 1460 Page 28
participation in or any person 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 this 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 defendant 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
is certified each year by the Department of Mental Health and
Substance Abuse Services to provide these assessments. However, 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, shall
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 deferred judgment,
and upon a finding by the court that the conditions have been met
and all fines, fees, and monetary assessments have been paid as
ordered, the defendant shall be discharged without a court judgment
of guilt, and the court shall order the verdict or plea of guilty or
plea of nolo contendere to be expunged from the record and the
charge shall be dismissed with prejudice to any further action. The
ENR. H. B. NO. 1460 Page 29
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 numbers 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 written request by the named defendant to the
court clerk for the purpose 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
purposes. Records expunged pursuant to this subsection shall 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 section shall be
retroactive.
F. Whenever a judgment has been deferred by the court according
to the provisions of this section, deferred judgment may not be
accelerated for any technical violation unless a petition setting
forth the grounds for such acceleration is filed by the district
attorney with the clerk of the sentencing court and competent
evidence justifying the acceleration of the judgment is presented to
the court at a hearing to be held for that purpose. The hearing
shall be held not more than twenty (20) days after the entry of the
plea of not guilty to the petition, unless waived by both the state
ENR. H. B. NO. 1460 Page 30
and the defendant. Any acceleration 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 judgment is
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 part of the record of the case.
I. The deferred judgment procedure described in this section
shall not apply to defendants found guilty or who plead guilty or
nolo contendere to a sex offense required by law to register
pursuant to the Sex Offenders Registration Act.
J. All defendants who are supervised pursuant to this section
shall be subject to the sanction process as established 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.
SECTION 4. AMENDATORY 22 O.S. 2021, Section 1355A, is
amended to read as follows:
Section 1355A. A. When an indigent requests representation by
the Oklahoma Indigent Defense System, such person shall submit an
appropriate application to the court clerk, which shall state that
the application is signed under oath and under the penalty of
ENR. H. B. NO. 1460 Page 31
perjury and that a false statement may be prosecuted as such. The
application shall state whether or not the indigent has been
released on bond. In addition, if the indigent has been released on
bond, the application shall include a written statement from the
applicant that the applicant has contacted three named attorneys,
licensed to practice law in this state, and the applicant has been
unable to obtain legal counsel. A nonrefundable application fee of
Forty Dollars ($40.00) shall be paid to the court clerk at the time
the application is submitted, and no application shall be accepted
without payment of the fee; except that the court may, based upon
the financial information submitted, defer all or part of the fee if
the court determines that the person does not have the financial
resources to pay the fee at time of application, to attach as a
court fee upon conviction. Any fees collected pursuant to this
subsection shall be retained by the court clerk, deposited in the
Court Clerk’s Revolving Fund, and reported quarterly to the
Administrative Office of the Courts.
B. 1. The Court of Criminal Appeals shall promulgate rules
governing the determination of indigency pursuant to the provisions
of Section 55 of Title 20 of the Oklahoma Statutes. The initial
determination of indigency shall be made by the Chief Judge of the
Judicial District or a designee thereof, based on the defendant’s
application and the rules provided herein.
2. Upon promulgation of the rules required by law, the
determination of indigency shall be subject to review by the
Presiding Judge of the Judicial Administrative District. Until such
rules become effective, the determination of indigency shall be
subject to review by the Court of Criminal Appeals.
C. Before the court appoints the System based on the
application, the court shall advise the indigent or, if applicable,
a parent or legal guardian, that the application is signed under
oath and under the penalty of perjury and that a false statement may
be prosecuted as such. A copy of the application shall be sent to
the prosecuting attorney or the Office of the Attorney General,
whichever is appropriate, for review. Upon request by any party
including, but not limited to, the attorney appointed to represent
the indigent, the court shall hold a hearing on the issue of
eligibility for appointment of the System.
D. If the defendant is admitted to bail and the defendant or
another person on behalf of the defendant posts a bond, other than
by personal recognizance, the court may consider such fact in
ENR. H. B. NO. 1460 Page 32
determining the eligibility of the defendant for appointment of the
System; provided, however, such consideration shall not be the sole
factor in the determination of eligibility.
E. The System shall be prohibited from accepting an appointment
unless a completed application for court-appointed counsel as
provided by Form 13.3 of Section XIII of the Rules of the Court of
Criminal Appeals, 22 O.S. 2001, Ch. 18, App., has been filed of
record in the case.
SECTION 5. AMENDATORY 28 O.S. 2021, Section 153, as
amended by Section 2, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2024,
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 more, 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, warrants, orders, and other
services to the date of judgment:
1. For each defendant convicted of
exceeding the speed limit by at least
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 violation 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
ENR. H. B. NO. 1460 Page 33
influence of alcohol or other
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 other
intoxicating substance, whether charged
individually or conjointly with others..............$433.00
6. For each defendant convicted 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
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
ENR. H. B. NO. 1460 Page 34
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 ($20.00) 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 for 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 and 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 the amounts collected pursuant to subsections
A and B of this section, the sum of Twenty-five Dollars ($25.00)
shall be assessed and credited to the Oklahoma Court Information
System Revolving Fund created pursuant 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 Dollars
($10.00) shall be assessed and credited to the Sheriff’s Service 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 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 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 Dollars
($15.00) shall be assessed in every misdemeanor or felony case for
ENR. H. B. NO. 1460 Page 35
each offense of driving under the influence of alcohol or other
intoxicating substance and credited to the Oklahoma Impaired Driver
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 compulsory attendance of witnesses.
J. I. 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 subsections B, C, D and E of this section.
K. J. The fees collected pursuant to this section shall be
deposited into the court fund, 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, collected 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, created pursuant to Section
220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing
the warrant with the balance of the sheriff’s service fee to be
deposited into the Sheriff’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
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 attorney’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;
ENR. H. B. NO. 1460 Page 36
4. The fees provided for in subsection C of this section shall
be forwarded to the District Attorneys Council Revolving Fund to
defray the costs of prosecution; and
5. The following amounts 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
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
ninety-three-dollar fee provided for in paragraph 3 of
subsection A of this section,
c. One Hundred Dollars ($100.00) of the Four-Hundred-
Thirty-three-Dollar four-hundred-thirty-three-dollar
fee provided for in paragraph 5 of subsection A of
this section, and
d. One Hundred Dollars ($100.00) of the Four-Hundred-
Thirty-three-Dollar four-hundred-thirty-three-dollar
fee provided for in paragraph 6 of subsection A of
this section.
L. K. As used in this section, “convicted” means any final
adjudication of guilt, whether pursuant to a plea of guilty or nolo
contendere or otherwise, and any deferred judgment or suspended
sentence.
M. L. A court clerk may accept in payment for any fee, fine,
forfeiture payment, cost, penalty assessment or other charge 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 provided in paragraph 1 of
subsection B of Section 151 of this title.
N. M. Upon receipt of payment of fines and costs for offenses
charged prior to July 1, 1992, the court clerk shall apportion and
pay Thirteen Dollars ($13.00) per conviction to the court fund.
ENR. H. B. NO. 1460 Page 37
SECTION 6. AMENDATORY 47 O.S. 2021, Section 11-902, is
amended to read as follows:
Section 11-902. A. It is unlawful and punishable as provided
in this section for any person to drive, operate, or be in actual
physical control of a motor vehicle within this state, whether upon
public roads, highways, streets, turnpikes, other public places or
upon any private road, street, alley or lane which provides access
to one or more single or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in
Section 756 of this title, of eight-hundredths (0.08) or more at the
time of a test of such person’s blood or breath administered within
two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled
substance, as defined in Section 2-204 of Title 63 of the Oklahoma
Statutes, or one of its metabolites or analogs in the person’s
blood, saliva, urine or any other bodily fluid at the time of a test
of such person’s blood, saliva, urine or any other bodily fluid
administered within two (2) hours after the arrest of such person;
4. Is under the influence of any intoxicating substance other
than alcohol which may render such person incapable of safely
driving or operating a motor vehicle; or
5. Is under the combined influence of alcohol and any other
intoxicating substance which may render such person incapable of
safely driving or operating a motor vehicle.
B. The fact that any person charged with a violation of this
section is or has been lawfully entitled to use alcohol or a
controlled dangerous substance or any other intoxicating substance
shall not constitute a defense against any charge of violating this
section.
C. 1. Any person who is convicted of a violation of the
provisions of this section shall be guilty of a misdemeanor for the
first offense and shall:
a. participate in an assessment and evaluation pursuant
to subsection G of this section and shall follow all
recommendations made in the assessment and evaluation,
ENR. H. B. NO. 1460 Page 38
b. be punished by imprisonment in jail for not less than
ten (10) days nor more than one (1) year, and
c. be fined not more than One Thousand Dollars
($1,000.00).
2. Any person who, having been convicted of or having received
deferred judgment for a violation of this section or a violation
pursuant to the provisions of any law of this state or another state
prohibiting the offenses provided in this section, Section 11-904 of
this title or paragraph 4 of subsection A of Section 852.1 of Title
21 of the Oklahoma Statutes, or having a prior conviction in a
municipal criminal court of record for the violation of a municipal
ordinance prohibiting the offense provided for in this section
commits a subsequent violation of this section within ten (10) years
of the date following the completion of the execution of said
sentence or deferred judgment shall, upon conviction, be guilty of a
felony and shall participate in an assessment and evaluation
pursuant to subsection G of this section and shall be sentenced to:
a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant’s expense,
or
b. placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed five (5) years and a fine of not more than Two
Thousand Five Hundred Dollars ($2,500.00), or
c. treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the treatment in subsection G of this section does
not include residential or inpatient treatment for a period of not
less than five (5) days, the person shall serve a term of
imprisonment of at least five (5) days.
3. Any person who commits a violation of this section after
having been convicted of a felony offense pursuant to the provisions
of this section or a violation pursuant to the provisions of any law
of this state or another state prohibiting the offenses provided for
in this section, Section 11-904 of this title or paragraph 4 of
subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
ENR. H. B. NO. 1460 Page 39
shall be guilty of a felony and participate in an assessment and
evaluation pursuant to subsection G of this section and shall be
sentenced to:
a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant’s expense,
two hundred forty (240) hours of community service and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, or
b. placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed ten (10) years and a fine of not more than Five
Thousand Dollars ($5,000.00), or
c. treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the treatment in subsection G of this section does
not include residential or inpatient treatment for a period of not
less than ten (10) days, the person shall serve a term of
imprisonment of at least ten (10) days.
4. Any person who commits a violation of this section after
having been twice convicted of a felony offense pursuant to the
provisions of this section or a violation pursuant to the provisions
of any law of this state or another state prohibiting the offenses
provided for in this section, Section 11-904 of this title or
paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes shall be guilty of a felony and participate in an
assessment and evaluation pursuant to subsection G of this section
and shall be sentenced to:
a. follow all recommendations made in the assessment and
evaluation for treatment at the defendant’s expense,
followed by not less than one (1) year of supervision
and periodic testing at the defendant’s expense, four
hundred eighty (480) hours of community service, and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, for
a minimum of thirty (30) days, or
ENR. H. B. NO. 1460 Page 40
b. placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed twenty (20) years and a fine of not more than
Five Thousand Dollars ($5,000.00), or
c. treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the person does not undergo residential or inpatient
treatment pursuant to subsection G of this section the person shall
serve a term of imprisonment of at least ten (10) days.
5. Any person who, after a previous conviction of a violation
of murder in the second degree or manslaughter in the first degree
in which the death was caused as a result of driving under the
influence of alcohol or other intoxicating substance, is convicted
of a violation of this section shall be guilty of a felony and shall
be punished by imprisonment in the custody of the Department of
Corrections for not less than five (5) years and not to exceed
twenty (20) years, and a fine of not more than Ten Thousand Dollars
($10,000.00).
6. Provided, however, a conviction from another state shall not
be used to enhance punishment pursuant to the provisions of this
subsection if that conviction is based on a blood or breath alcohol
concentration of less than eight-hundredths (0.08).
7. In any case in which a defendant is charged with driving
under the influence of alcohol or other intoxicating substance
offense within any municipality with a municipal court other than a
court of record, the charge shall be presented to the county’s
district attorney and filed with the district court of the county
within which the municipality is located.
D. Any person who is convicted of a violation of driving under
the influence with a blood or breath alcohol concentration of
fifteen-hundredths (0.15) or more pursuant to this section shall be
deemed guilty of aggravated driving under the influence. A person
convicted of aggravated driving under the influence shall
participate in an assessment and evaluation pursuant to subsection G
of this section and shall comply with all recommendations for
treatment. Such person shall be sentenced as provided in paragraph
1, 2, 3, 4 or 5 of subsection C of this section and to:
ENR. H. B. NO. 1460 Page 41
1. Not less than one (1) year of supervision and periodic
testing at the defendant’s expense; and
2. An ignition interlock device or devices, as provided by
subparagraph n of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes, for a minimum of ninety (90)
days.
E. When a person is sentenced to imprisonment in the custody of
the Department of Corrections, the person shall be processed through
the Lexington Assessment and Reception Center or at a place
determined by the Director of the Department of Corrections. The
Department of Corrections shall classify and assign the person to
one or more of the following:
1. The Department of Mental Health and Substance Abuse Services
pursuant to paragraph 1 of subsection A of Section 612 of Title 57
of the Oklahoma Statutes; or
2. A correctional facility operated by the Department of
Corrections with assignment to substance abuse treatment.
Successful completion of a Department-of-Corrections-approved
substance abuse treatment program shall satisfy the recommendation
for a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or treatment program or both. Successful completion of an
approved Department of Corrections substance abuse treatment program
may precede or follow the required assessment.
F. The Department of Public Safety is hereby authorized to
reinstate any suspended or revoked driving privilege when the person
meets the statutory requirements which affect the existing driving
privilege.
G. Any person who is found guilty of a violation of the
provisions of this section shall be ordered to participate in an
alcohol and drug substance abuse evaluation and assessment program
offered by a certified assessment agency or certified assessor for
the purpose of evaluating and assessing the receptivity to treatment
and prognosis of the person and shall follow all recommendations
made in the assessment and evaluation for treatment. The court
shall order the person to reimburse the agency or assessor for the
evaluation and assessment. Payment shall be remitted by the
defendant or on behalf of the defendant by any third party;
provided, no state-appropriated funds are utilized. The fee for an
evaluation and assessment shall be the amount provided in subsection
ENR. H. B. NO. 1460 Page 42
C of Section 3-460 of Title 43A of the Oklahoma Statutes. The
evaluation and assessment shall be conducted at a certified
assessment agency, the office of a certified assessor or at another
location as ordered by the court. The agency or assessor shall,
within seventy-two (72) hours from the time the person is evaluated
and assessed, submit a written report to the court for the purpose
of assisting the court in its sentencing determination. The court
shall, as a condition of any sentence imposed, including deferred
and suspended sentences, require the person to participate in and
successfully complete all recommendations from the evaluation, such
as an alcohol and substance abuse treatment program pursuant to
Section 3-452 of Title 43A of the Oklahoma Statutes. If such report
indicates that the evaluation and assessment shows that the
defendant would benefit from a ten-hour or twenty-four-hour alcohol
and drug substance abuse course or a treatment program or both, the
court shall, as a condition of any sentence imposed, including
deferred and suspended sentences, require the person to follow all
recommendations identified by the evaluation and assessment and
ordered by the court. No person, agency or facility operating an
evaluation and assessment program certified by the Department of
Mental Health and Substance Abuse Services shall solicit or refer
any person evaluated and assessed pursuant to this section for any
treatment program or substance abuse service in which such person,
agency or facility has a vested interest; however, this provision
shall not be construed to prohibit the court from ordering
participation in or any person from voluntarily utilizing a
treatment program or substance abuse service offered by such person,
agency or facility. If a person is sentenced to imprisonment in the
custody of the Department of Corrections and the court has received
a written evaluation report pursuant to the provisions of this
subsection, the report shall be furnished to the Department of
Corrections with the judgment and sentence. Any evaluation and
assessment report submitted to the court pursuant to the provisions
of this subsection shall be handled in a manner which will keep such
report confidential from the general public’s review. Nothing
contained in this subsection shall be construed to prohibit the
court from ordering judgment and sentence in the event the defendant
fails or refuses to comply with an order of the court to obtain the
evaluation and assessment required by this subsection. If the
defendant fails or refuses to comply with an order of the court to
obtain the evaluation and assessment, the Department of Public
Safety shall not reinstate driving privileges until the defendant
has complied in full with such order. Nothing contained in this
subsection shall be construed to prohibit the court from ordering
ENR. H. B. NO. 1460 Page 43
judgment and sentence and any other sanction authorized by law for
failure or refusal to comply with an order of the court.
H. Any person who is found guilty of a violation of the
provisions of this section shall be required by the court to attend
a victims impact panel program, as defined in subsection H of
Section 991a of Title 22 of the Oklahoma Statutes, if such a program
is offered in the county where the judgment is rendered, and 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 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.
I. Any person who is found guilty of a felony violation of the
provisions of this section shall be required to submit to electronic
monitoring as authorized and defined by Section 991a of Title 22 of
the Oklahoma Statutes.
J. Any person who is found guilty of a violation of the
provisions of this section who has been sentenced by the court to
perform any type of community service shall not be permitted to pay
a fine in lieu of performing the community service.
K. When a person is found guilty of 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 Abuse Education and Treatment
Revolving Fund created in Section 2-503.2 of Title 63 of the
Oklahoma Statutes, upon collection.
L. 1. When a person is eighteen (18) years of age or older,
and is the driver, operator, or person in physical control of a
vehicle, and is convicted of violating any provision of this section
while transporting or having in the motor vehicle any child less
than eighteen (18) years of age, the fine shall be enhanced to
double the amount of the fine imposed for the underlying driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this section.
2. Nothing in this subsection shall prohibit the prosecution of
a person pursuant to Section 852.1 of Title 21 of the Oklahoma
Statutes who is in violation of any provision of this section or
Section 11-904 of this title.
ENR. H. B. NO. 1460 Page 44
M. L. Any plea of guilty, nolo contendere or finding of guilt
for a violation of this section or a violation pursuant to the
provisions of any law of this state or another state prohibiting the
offenses provided for in this section, Section 11-904 of this title,
or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes, shall constitute a conviction of the offense for
the purpose of this section; provided, any deferred judgment shall
only be considered to constitute a conviction for a period of ten
(10) years following the completion of any court-imposed
probationary term.
N. M. If qualified by knowledge, skill, experience, training or
education, a witness shall be allowed to testify in the form of an
opinion or otherwise solely on the issue of impairment, but not on
the issue of specific alcohol concentration level, relating to the
following:
1. The results of any standardized field sobriety test
including, but not limited to, the horizontal gaze nystagmus (HGN)
test administered by a person who has completed training in
standardized field sobriety testing; or
2. Whether a person was under the influence of one or more
impairing substances and the category of such impairing substance or
substances. A witness who has received training and holds a current
certification as a drug recognition expert shall be qualified to
give the testimony in any case in which such testimony may be
relevant.
SECTION 7. This act shall become effective November 1, 2025.
ENR. H. B. NO. 1460 Page 45
Passed the House of Representatives the 22nd day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 22nd day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________