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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4112 By: West (Tammy)
AS INTRODUCED
An Act relating to court fines and fees; amending 20
O.S. 2021, Section 1313.2, as amended by Section 1,
Chapter 305, O.S.L. 2025, (20 O.S. Supp. 2025,
Section 1313.2), which relates to fines and fees in
criminal cases; deleting the assessment of certain
fees; making the unpaid balance of court financial
obligations unenforceable and uncollectible; vacating
certain judgments; amending 22 O.S. 2021, Section
983, as last amended by Section 2, Chapter 211,
O.S.L. 2024 (22 O.S. Supp. 2025, Section 983), which
relates to the payment of fines, fees and costs in
criminal cases; making certain presumption of
defendants unrebuttable; directing courts to waive
court financial obligations; requiring courts to
accept certain documents and testimony regarding
certain benefits received by defendants; allowing
testimony to be give orally or by affidavit; making
certain presumption rebuttable; directing courts to
waive court financial obligations if presumption is
not rebutted; providing guidelines for rebutting
presumption; providing for the reduction of court
financial obligations under certain circumstances;
amending 22 O.S. 2021, Section 991a, as last amended
by Section 1, Chapter 306, O.S.L. 2025 (22 O.S. Supp.
2025, Section 991a), which relates to sentencing
powers of the court; deleting supervision fees;
making the unpaid balance of court financial
obligations unenforceable and uncollectible; vacating
certain judgments; amending 22 O.S. 2021, Section
991c, as amended by Section 3, Chapter 305, O.S.L.
2025 (22 O.S. Supp. 2025, Section 991c), which
relates to deferred judgments; deleting supervision
fees; making the unpaid balance of court financial
obligations unenforceable and uncollectible; vacating
certain judgments; amending 22 O.S. 2021, Section
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991d, deleting supervision fees; making the unpaid
balance of court financial obligations unenforceable
and uncollectible; vacating certain judgments;
amending 28 O.S. 2021, Section 153, as last amended
by Section 5, Chapter 305, O.S.L. 2025 (28 O.S. Supp.
2025, Section 153), which relates to costs in
criminal cases; deleting the assessment of certain
costs; making the unpaid balance of court financial
obligations unenforceable and uncollectible; vacating
certain judgments; amending 63 O.S. 2021, Section 2-
401, as last amended by Section 13, Chapter 486,
O.S.L. 2025 (63 O.S. Supp. 2025, Section 2-401),
which relates to the Uniform Controlled Dangerous
Substances Act; deleting certain assessment; making
the unpaid balance of court financial obligations
unenforceable and uncollectible; vacating certain
judgments; repealing 21 O.S. 2021, Sections 1313.3
and 1313.4, which relate to fingerprinting fees and
Forensic Science Improvement Assessments; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2021, Section 1313.2, as
amended by Section 1, Chapter 305, O.S.L. 2025 (20 O.S. Supp. 2025,
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
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4. "DNA" means deoxyribonucleic acid.
B. Any person convicted of an offense including traffic
offenses but excluding parking and standing violations, punishable
by a fine of Ten Dollars ($10.00) or more or by incarceration or any
person forfeiting bond when charged with such an offense, shall be
ordered by the court to pay Ten Dollars ($10.00) as a separate fee,
which fee shall be in addition to and not in substitution for any
and all fines and penalties otherwise provided for by law for such
offense.
C. 1. Any person convicted of any misdemeanor or felony
offense shall pay a Laboratory Analysis Fee in the amount of One
Hundred Fifty Dollars ($150.00) for each offense if forensic science
or laboratory services are rendered or administered by the Oklahoma
State Bureau of Investigation (OSBI), by the Toxicology Laboratory
of the Office of the Chief Medical Examiner or by any municipality
or county in connection with the case. This fee shall be in
addition to and not a substitution for any and all fines and
penalties otherwise provided for by law for this offense.
2. The court clerk shall cause to be deposited the amount of
One Hundred Fifty Dollars ($150.00) as collected, for every
conviction as described in this subsection. The court clerk shall
remit the monies in the fund on a monthly basis directly either to:
a. the OSBI who shall deposit the monies into the OSBI
Revolving Fund provided for in Section 150.19a of
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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 D of this section, monies shall be
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forwarded monthly by the court clerk to the Council on Law
Enforcement Education and Training (CLEET). Beginning July 1, 2003,
deposits shall be due on the fifteenth day of each month for the
preceding calendar month. There shall be a late fee imposed for
failure to make timely deposits; provided, CLEET, in its discretion,
may waive all or part of the late fee. Such late fee shall be one
percent (1%) of the principal amount due per day beginning from the
tenth day after payment is due and accumulating until the late fee
reaches one hundred percent (100%) of the principal amount due.
Beginning on July 1, 1987, ninety percent (90%) of the monies
received by CLEET from the court clerks pursuant to this section
shall be deposited in the CLEET Fund, and ten percent (10%) shall be
deposited in the General Revenue Fund. Beginning January 1, 2001,
sixty and fifty-three one-hundredths percent (60.53%) of the monies
received by CLEET from the court clerks pursuant to this section
shall be deposited in the CLEET Fund created pursuant to subsection
F E 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
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quarter. The report may be made on computerized or manual
disposition reports.
E. D. 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 C 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 C
of this section.
F. E. There is hereby created in the State Treasury a fund for
the Council on Law Enforcement Education and Training to be
designated the "CLEET Fund". The fund shall be subject to
legislative appropriation and shall consist of any monies received
from fees and receipts collected pursuant to the Oklahoma Open
Records Act, reimbursements for parts used in the repair of weapons
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.
G. 1. Any person arrested or convicted of a felony offense or
convicted of a misdemeanor offense of assault and battery, domestic
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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
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deposit the monies into the OSBI Revolving Fund provided for in
Section 150.19a of Title 74 of the Oklahoma Statutes for services
rendered or administered by the OSBI.
3. The monies from the DNA sample fee deposited into the OSBI
Revolving Fund shall be used for creating, staffing and maintaining
the OSBI DNA Laboratory and OSBI Combined DNA Index System (CODIS)
Database.
H. F. 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 Section 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 Section 1313.2 through 1313.4 of this title
shall be made monthly to each state agency.
G. Beginning November 1, 2026, the unpaid balance of any
Laboratory Analysis fee, DNA fee, fingerprinting fee, or Forensic
Science Improvement Assessment fee owed by a defendant in his or her
criminal case shall be waived and deemed unenforceable and
uncollectible. Any portion of a judgment imposing such fees shall
be vacated.
SECTION 2. AMENDATORY 22 O.S. 2021, Section 983, as last
amended by Section 2, Chapter 211, O.S.L. 2024 (22 O.S. Supp. 2025,
Section 983), is amended to read as follows:
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Section 983. A. As used in this section, unless the context
otherwise requires:
1. "Cost arrest warrant" means a warrant authorizing arrest
that is issued by a court under the following circumstances:
a. failure to comply with the terms of a court financial
obligations payment plan,
b. failure to appear at a cost hearing or willfulness
hearing, or
c. failure to appear at the office of the court clerk of
the county in which the court financial obligation is
owed within ten (10) days of being cited by a law
enforcement officer to appear;
2. "Cost cite and release warrant" means a warrant issued by a
court authorizing citation and release under the following
circumstances:
a. failure to comply with terms of a court financial
obligations payment plan, or
b. failure to appear at a cost hearing or willfulness
hearing;
3. "Cost hearing" means a hearing in which the court determines
the ability of a defendant to pay court financial obligations. Once
a cost hearing date has been set, all court financial obligations
shall be suspended until the cost hearing has been held;
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4. "Court financial obligation" means all financial obligations
including fines, costs, fees, and assessments, imposed by the court
or required by law to be paid, excluding restitution or payments to
be made other than to the court clerk;
5. "Payment-in-full" means a court financial payment term that
requires the defendant to pay the full amount of court financial
obligations owed within ninety (90) days of a plea or sentence in
the district court or within thirty (30) days of a plea or sentence
in the municipal court;
6. "Payment-in-installments" means payment terms for court
financial obligations that require the defendant to make monthly
payments in any amount until the amount owed is fully paid; and
7. "Willfulness hearing" means a hearing in which the court
determines whether a defendant who has previously been found to have
the ability to pay court financial obligations has willfully failed
to pay the debt.
B. 1. Except in cases provided for in Section 983b of this
title, when the judgment and sentence of a court, either in whole or
in part, imposes court financial obligations upon a defendant, the
court at the time of sentencing may immediately, or at any point
thereafter until the debt is either paid or waived, determine the
ability of a defendant to pay the court financial obligations. The
court may make such determinations at a cost hearing or upon written
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motion or affidavit by the defendant. The ability of a defendant to
pay court financial obligations may not impact the sentence imposed.
2. a. Defendants with court financial obligations who are
found by the court to be unable to pay, in whole or in
part, shall be relieved of the debt by the court
through a hardship waiver of the court financial
obligations, either in whole or in part.
b. If a defendant has received benefits or has income
qualifying for a presumption under paragraph 5 of this
subsection for at least six of the prior twelve
months, the presumption that the defendant is unable
to pay his or her court financial obligations shall be
unrebuttable, and the court shall waive all remaining
court financial obligations. If the defendant
produces a document showing receipt of any benefits
listed under paragraph 5 of this subsection, the court
shall accept that document and testimony that the
defendant has received those benefits for six of the
prior twelve months as conclusive evidence
establishing the presumption. Testimony may be given
orally or by affidavit.
c. If a defendant has received benefits or has income
qualifying for a presumption under paragraph 5 of this
subsection for less than six of the prior twelve
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months, the presumption that the defendant is unable
to pay his or her court financial obligations shall be
rebuttable. If the presumption is not rebutted, the
court shall waive all remaining court financial
obligations. To rebut the presumption, the prosecutor
shall provide testimony or evidence showing that the
defendant has income above one hundred fifty percent
(150%) of the federal poverty level and that the
defendant has excess funds after meeting his or her
basic needs to pay remaining court financial
obligations in full within the following six (6)
months. If the evidence shows the defendant can pay
the remaining court financial obligations in part
within the following six (6) months, the court shall
reduce the remaining court financial obligations to
the amount the defendant can pay within the following
six (6) months.
3. In determining the ability of a defendant to pay, the court
shall consider the following factors:
a. individual and household income,
b. household living expenses,
c. number of dependents,
d. assets,
e. child support obligations,
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f. physical or mental health conditions that diminish the
ability to generate income or manage resources,
g. additional case-related expenses to be paid by the
defendant, and
h. any other factors relevant to the ability of the
defendant to pay.
4. In determining the ability of a defendant to pay, the
following shall not be considered as income or assets:
a. child support income,
b. any monies received from a federal, state, or tribal
government need-based or disability assistance
program, or
c. assets exempt from bankruptcy.
5. Defendants in the following circumstances are presumed
unable to pay and eligible for relief under paragraph 2 of this
subsection:
a. designated as totally disabled by any federal, state,
or tribal disability services program including but
not limited to military disability, Social Security
Disability Insurance, Supplemental Security Income, or
tribal disability benefits,
b. receives support from the Temporary Assistance for
Needy Families program, Supplemental Nutrition
Assistance Program, the Special Supplemental Nutrition
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Program for Women, Infants, and Children nutrition
education and supplemental food program, or any other
federal need-based financial support,
c. receives subsidized housing support through the
Housing Choice Voucher program, the United States
Department of Housing and Urban Development, or other
state, local, or federal government housing subsidy
program, or
d. total income is below one hundred fifty percent (150%)
of the federal poverty level.
C. 1. At the time of a plea or sentencing, the court shall
inform the defendant of the total court financial obligations owed,
the consequences of failing to pay the court financial obligations,
and that the defendant may request a cost hearing if at any time he
or she is unable to pay the court financial obligations, at which
point the court may waive all or part of the debt owed. If the
total amount of court financial obligations owed is not available at
the time of the plea or sentencing, the court shall inform the
defendant that court financial obligations have been incurred and
the time and location where the defendant may learn of the total
amount owed.
2. The court shall order the defendant to appear immediately
after sentencing at the office of the court clerk to provide current
contact information and to either select payment terms or request a
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cost hearing. Failure to immediately report to the court clerk
shall result in the full amount of court financial obligations to be
due thirty (30) days from the date of the plea or sentencing in
district courts or thirty (30) days from the date of the plea or
sentencing in municipal courts.
3. Payment of court financial obligations may be made under the
following terms:
a. payment in full, or
b. payment in installments.
Upon any change in circumstances affecting the ability of a
defendant to pay, a defendant may request a cost hearing before the
court by contacting the court clerk.
4. The district court for each county and all municipal courts
shall provide a cost hearing for any defendant upon request, either
by establishing a dedicated docket or on an as-requested basis. A
defendant who requests a cost hearing will receive a summons by
personal service or by United States mail to appear in court as
required by subsection G of this section. If a defendant fails to
appear for a requested cost hearing, the court may issue either a
cost cite and release warrant or a cost arrest warrant. No fees
shall be assessed or collected from the defendant as a consequence
of either requesting a cost hearing or the issuing of a cost cite
and release warrant.
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D. In determining the ability of the defendant to pay court
financial obligations, the court may rely on testimony, relevant
documents, and any information provided by the defendant using a
cost hearing affidavit promulgated by the Court of Criminal Appeals.
In addition, the court may make inquiry of the defendant and
consider any other evidence or testimony concerning the ability of
the defendant to pay.
E. 1. If at the initial cost hearing or any subsequent cost
hearing, the court determines that the defendant is able to pay some
or all of the court financial obligations, the court may order any
of the following conditions for payment:
a. payment in full,
b. payment in installments,
c. financial incentive under a set of conditions
determined by the court, or
d. community service in lieu of payment; provided, the
defendant shall receive credit for no less than two
times the amount of the minimum wage specified
pursuant to state law for each hour of community
service.
2. Any defendant who fails to comply with the terms of the
payment plan ordered by the court shall be considered delinquent and
the court may issue either a cost cite and release warrant or a cost
arrest warrant.
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F. If the court determines that a waiver of any of the court
financial obligations is warranted, the court shall apply the same
percentage reduction equally to all fines, costs, fees, and
assessments, excluding restitution.
G. 1. A defendant is considered delinquent in the payment of
court financial obligations under the following circumstances:
a. when the total amount due has not been paid by the due
date, or
b. when no installment payments have been received in the
most recent ninety-day period.
2. The court clerk shall periodically review cases for
delinquency at least once every six (6) months and, upon identifying
a delinquent defendant, notify the court which shall, within ten
(10) days thereafter, set a cost hearing for the court to determine
if the defendant is able to pay. The cost hearing shall be set
within forty-five (45) days of the issuance of the summons. The
hearing shall be set on a date that shall allow the court clerk to
issue a summons fourteen (14) days prior to the cost hearing.
Defendants shall incur no additional fees associated with the
issuance of the summons.
3. At least fourteen (14) days prior to the cost hearing, the
court clerk shall issue one summons to the defendant to be served by
United States mail to the mailing address of the defendant on file
in the case, substantially as follows:
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SUMMONS
You are ORDERED to appear for a COST HEARING at a specified
time, place, and date to determine if you are financially able to
pay the fines, costs, fees, or assessments or an installment due in
Case No.__________.
YOU MUST BE PRESENT AT THE HEARING.
At any time before the date of the cost hearing, you may contact
the court clerk and pay the amount due or request in writing or in
person prior to the court date, that the hearing be rescheduled for
no later than thirty (30) days after the scheduled time.
THIS IS NOT AN ARREST WARRANT. However, if you fail to appear
for the cost hearing or pay the amount due, the court may issue a
WARRANT and may refer the case to a court cost compliance liaison
which will cause an additional administrative fee of up to thirty-
five percent (35%) to be added to the amount owed and may include
additional costs imposed by the court.
4. Referrals to the court cost compliance program as provided
in subsection L of this section shall be made as follows:
a. courts shall refer a case to the court cost compliance
program upon the issuance of a cost arrest warrant,
b. courts may refer a case to the court cost compliance
program upon the issuance of a cost cite and release
warrant, or
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c. courts may refer a case to the court cost compliance
program without the issuance of a warrant; provided,
the defendant is delinquent and has had sufficient
notice and opportunity to have a cost hearing.
5. A municipal court, in lieu of mailing the summons provided
for in this subsection, may give the summons to the defendant in
person at the time of sentencing or subsequent appearance of a
specific date, time, and place, not fewer than thirty (30) days nor
more than one hundred twenty (120) days from the date of sentencing
to appear for a cost hearing if the court financial obligations
remain unpaid.
H. 1. If a defendant is found by a law enforcement officer to
have an outstanding cost cite and release warrant, the law
enforcement officer shall issue a Warning/Notice to appear within
ten (10) days of release from detention on the warrant to the court
clerk of the court in which the court financial obligations are
owed. If the officer has the necessary equipment, the officer shall
immediately transmit the Warning/Notice electronically to the court
clerk of the court in which the court financial obligations are
owed. The law enforcement officer shall not take the defendant into
custody on the cite and release warrant. If the law enforcement
officer is unable to transmit the Warning/Notice electronically to
the court clerk, the officer shall inform the appropriate department
staff member within the agency of the law enforcement officer of the
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Warning/Notice within five (5) days. The department staff member
shall then promptly notify the law enforcement agency in the
jurisdiction that issued the warrant electronically who shall
promptly notify the court clerk. The electronic communication shall
be treated as a duplicate original for all purposes in any
subsequent hearings before the appropriate court.
2. If the defendant reports to the office of the court clerk
within the ten (10) days, the court clerk shall:
a. inform the court of the Warning/Notice to the
defendant and contact,
b. schedule a cost hearing pursuant to applicable local
court rule, and
c. submit the warrant to the court for recall pending the
cost hearing.
3. If the defendant fails to report to the office of the court
clerk within the ten (10) days, the court may issue a cost arrest
warrant for the arrest of the defendant.
4. Following an arrest on a cost arrest warrant, the defendant
must be released after seventy-two (72) hours in custody. The
defendant may be released prior to seventy-two (72) hours if:
a. the custodian is presented with proof of payment in
the amount of One Hundred Dollars ($100.00) to each
jurisdiction where the court financial obligations are
owed and the new cost hearing date is provided,
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b. the court releases the defendant on the defendant's
own recognizance and a new cost hearing date is
provided, or
c. the court conducts a cost or willfulness hearing, as
appropriate, pursuant to the provisions of this
section and determines the defendant should be
released.
5. The provisions for issuing a separate summons described in
subsection G of this section shall not apply to a municipal court if
the municipal court has previously provided actual personal notice
to the defendant of an opportunity for a cost hearing. If such
notice was given and the defendant fails to appear, the municipal
court may issue either a cost cite and release warrant or a cost
arrest warrant.
6. All warrants for failure to appear at a cost hearing or for
failure to pay court financial obligations which have been issued
prior to the effective date of this act and which remain unserved,
shall be treated as cost cite and release warrants. All warrant
fees assessed for warrants for failure to appear at a cost hearing
or for failure to pay court financial obligations issued prior to
the effective date of this act shall remain in effect unless waived
by the court.
I. Supporting documents in a motion or affidavit for relief
from court financial obligation debt or any documents taken into
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evidence during a cost hearing or willfulness hearing shall not be
viewable by the public on a court-controlled website.
J. 1. After a cost hearing where a defendant is found able to
pay a court financial obligation, either in whole or in part, and
then becomes delinquent in that payment, a court may conduct a
willfulness hearing at any time beginning immediately after a cost
hearing has been held and a decision rendered on the court financial
obligations. Findings of a defendant's prior ability to pay may be
considered as evidence of ability to pay or willfulness at the
hearing. The requirements of this paragraph shall not be construed
to prohibit the court from holding subsequent cost hearings on the
same court financial obligations.
2. At a willfulness hearing, the court shall evaluate the
following:
a. whether a cost hearing has been held previously where
evidence relating to ability to pay was presented and
the court found the defendant was able to pay the
court financial obligations, either in whole or in
part,
b. whether there is any new evidence of ability to pay
not previously considered or a change in circumstances
since the cost hearing,
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c. whether the defendant was afforded sufficient time and
opportunity to fulfill the obligation to pay the court
financial obligations,
d. whether the defendant made any efforts to satisfy the
court financial obligations, and
e. whether there are any other relevant facts or
circumstances.
3. After a finding of willful failure to pay court financial
obligations, the court may impose a jail sentence pursuant to
Section 101 of Title 28 of the Oklahoma Statutes. A jail sentence
may be imposed only under the following circumstances:
a. the hearing is conducted on the record pursuant to the
rules promulgated by the Court of Criminal Appeals,
and
b. the defendant is represented by counsel or expressly
waives his or her right to counsel.
4. If a jail sentence is imposed, the court may grant credit
for any time already served. At any time after incarceration, the
jail sentence may be satisfied upon payment in full of the
outstanding balance with credit for any time already served.
K. The district court or municipal court, within one hundred
twenty (120) days from the date upon which the person fails to
comply with the financial obligation as ordered by the court or
fails to appear for the offered cost or willfulness hearing, may, if
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the defendant has previously been notified of the possibility of a
suspension, send notice of nonpayment of any court-ordered financial
obligation for a moving traffic violation to Service Oklahoma with a
recommendation of suspension of driving privileges of the defendant
until the total amount of any court financial obligation has been
paid or waived by the court. Upon receipt of payment of the total
amount of the court financial obligations for the moving traffic
violation, the court shall send notice thereof to Service Oklahoma,
if a nonpayment notice was sent as provided for in this subsection.
Notices sent to Service Oklahoma shall be on forms or by a method
approved by Service Oklahoma.
L. Every county and district court of this state shall fully
utilize and participate in the court cost compliance program. Cases
shall be referred to the court cost compliance program no more than
sixty (60) days after the court has ordered the referral pursuant to
paragraph 4 of subsection G of this section, unless the defendant
pays the amount owed on the court financial obligation or an
installment due. When the court refers a case, the updated contact
information on file shall be forwarded to a court cost compliance
liaison for collection purposes.
M. The Court of Criminal Appeals shall implement procedures and
rules for implementation of the requirements of this section. Such
procedures, rules, and any supplemental forms may be made available
by the Administrative Office of the Courts.
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SECTION 3. AMENDATORY 22 O.S. 2021, Section 991a, as
last amended by Section 1, Chapter 306, O.S.L. 2025 (22 O.S. Supp.
2025, 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
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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,
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
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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
annually meet the certification standards for crime
stoppers programs established by the Oklahoma Crime
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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
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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. 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. 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,
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m. 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. 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)
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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. 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
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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. 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
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
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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. to submit to periodic testing for alcohol,
intoxicating substance or controlled dangerous
substances by a qualified laboratory,
r. 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. to be supervised by a Department of Corrections
employee, a private supervision provider or other
person designated by the court,
t. to obtain positive behavior modeling by a trained
mentor,
u. to serve a term of confinement in a restrictive
housing facility available in the community,
v. 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. to obtain employment or participate in employment-
related activities,
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x. 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. 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. to submit to blood or saliva testing as required by
subsection I of this section,
aa. 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. to restore damaged property in kind or payment of out-
of-pocket expenses to the victim, if the court is able
to determine the actual out-of-pocket expenses
suffered by the victim,
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cc. to attend a victim-offender reconciliation program if
the victim agrees to participate and the offender is
deemed appropriate for participation,
dd. to prioritize payments for restitution to the victim,
ee. 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,
ff. 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
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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,
gg. 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,
hh. 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
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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
ii. 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
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
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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 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 Beginning November 1, 2026, the unpaid balance of any fee
assessed for the costs of supervision by the district attorney owed
by a defendant in his or her criminal case shall be waived and
deemed unenforceable and uncollectible. Any portion of a judgment
imposing such fees shall be vacated;
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
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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
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. 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
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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
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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
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monitoring fee, if willfully disobeyed, may be
enforced as an indirect contempt of court;
8. 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. 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;
10. 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
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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. 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. 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. 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
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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. 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
the sex offender to have contact with any child who is under the age
of eighteen (18) years;
15. 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. 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
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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
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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 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
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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
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
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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
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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
of Representatives on the number of such Programs, the number of
participating 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
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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
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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
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
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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
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
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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
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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
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.
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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 4. AMENDATORY 22 O.S. 2021, Section 991c, as
amended by Section 3, Chapter 305, O.S.L. 2025 (22 O.S. Supp. 2025,
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;
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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;
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;
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9. 8. Make other reparations to the community or victim as
required and deemed appropriate by the court;
10. 9. Order any conditions which can be imposed for a
suspended sentence pursuant to paragraph 1 of subsection A of
Section 991a of this title; or
11. 10. Any combination of the provisions in paragraphs 1
through 10 9 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 may waive the costs of prosecution in 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
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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
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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
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
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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
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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
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
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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
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
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for a felony offense, and the defendant commits another felony
offense, the defendant shall not be allowed bail pending appeal.
H. The deferred judgment procedure described in this section
shall apply only to defendants who have not been previously
convicted of a felony offense and have not received more than one
deferred judgment for a felony offense within the ten (10) years
previous to the commission of the pending offense.
Provided, the court may waive this prohibition upon written
application of the district attorney. Both the application and the
waiver shall be made a 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.
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L. Beginning November 1, 2026, the unpaid balance of any fee
assessed for the costs of supervision by the district attorney and
owed by a defendant in his or her criminal case shall be waived and
deemed unenforceable and uncollectible. Any portion of a judgment
imposing such fees shall be vacated.
SECTION 5. AMENDATORY 22 O.S. 2021, Section 991d, is
amended to read as follows:
Section 991d. A. 1. When the court orders supervision by the
Department of Corrections, or the district attorney requires the
Department to supervise any person pursuant to a deferred
prosecution agreement, the person shall be required to pay a
supervision fee of Forty Dollars ($40.00) per month during the
supervision period, unless the fee would impose an unnecessary
hardship on the person. In hardship cases, the Department shall
expressly waive all or part of the fee. The court shall make
payment of the fee a condition of the sentence which shall be
imposed whether the supervision is incident to the suspending of
execution of a sentence, incident to the suspending of imposition of
a sentence, or incident to the deferral of proceedings after a
verdict or plea of guilty. The Department shall determine methods
for payment of the supervision fee, and may charge a reasonable user
fee for collection of supervision fees electronically. The
Department is required to report to the sentencing court any failure
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of the person to pay supervision fees and to report immediately if
the person violates any condition of the sentence.
2. When the court imposes a suspended or deferred sentence for
any offense and does not order supervision by the Department of
Corrections, the offender shall be required to pay to the district
attorney a supervision fee of Forty Dollars ($40.00) per month as a
fee to compensate the district attorney for the actual act of
supervising the offender during the applicable period of
supervision. In hardship cases, the district attorney shall
expressly waive all or part of the fee. Any fees collected by the
district attorney pursuant to this paragraph shall be deposited in
the General Revenue Fund of the State Treasury.
3. If restitution is ordered by the court in conjunction with
supervision, the supervision fee will be paid in addition to the
restitution ordered. In addition to the restitution payment and
supervision fee, a reasonable user fee may be charged by the
Department of Corrections to cover the expenses of administration of
the restitution, except no user fee shall be collected by the
Department when restitution payment is collected and disbursed to
the victim by the office of the district attorney as provided in
Section 991f of this title or Section 991f-1.1 of this title.
B. The Pardon and Parole Board shall require a supervision fee
to be paid by the parolee as a condition of parole which shall be
paid to the Department of Corrections. The Department shall
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determine the amount of the fee as provided for other persons under
supervision by the Department.
C. Upon acceptance of an offender by the Department of
Corrections whose probation or parole supervision was transferred to
Oklahoma through the Interstate Compact Agreement, or upon the
assignment of an inmate to any community placement, a fee shall be
required to be paid by the offender to the Department of Corrections
as provided for other persons under supervision of the Department.
D. Except as provided in subsection A and this subsection, all
fees collected pursuant to this section shall be deposited in the
Department of Corrections Revolving Fund created pursuant to Section
557 of Title 57 of the Oklahoma Statutes. For the fiscal year
ending June 30, 1996, fifty percent (50%) of all collections
received from offenders placed on supervision after July 1, 1995,
shall be transferred to the credit of the General Revenue Fund of
the State Treasury until such time as total transfers equal Three
Million Three Hundred Thousand Dollars ($3,300,000.00).
E. Beginning November 1, 2026, the unpaid balance of any fee
assessed for the costs of supervision by the district attorney and
owed by a defendant in his or her criminal case shall be waived and
deemed unenforceable and uncollectible. Any portion of a judgment
imposing such fees shall be vacated.
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SECTION 6. AMENDATORY 28 O.S. 2021, Section 153, as last
amended by Section 5, Chapter 305, O.S.L. 2025 (28 O.S. Supp. 2025,
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
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intoxicating substance or an offense
provided for in paragraph 1 or 2 of this
subsection, whether charged individually
or conjointly with others............................$93.00
4. For each defendant convicted of a
felony, other than for driving under the
influence of alcohol or 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
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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
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
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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. C. In addition to the amounts collected pursuant to
subsections subsection 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. D. 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. E. 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.
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G. 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 Child
Abuse Multidisciplinary Account. This fee shall not be used for
purposes of hiring or employing any law enforcement officers.
H. G. 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.
I. H. 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, and D and E of this section.
J. I. 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
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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;
4. The fees provided for in subsection C B 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 fee
provided for in paragraph 2 of subsection A of this
section,
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b. Ten Dollars ($10.00) of the 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 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 fee provided for in paragraph 6 of
subsection A of this section.
K. J. 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.
L. K. 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.
M. L. 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.
M. Beginning November 1, 2026, the unpaid balance of any law
library fee assessed and owed by a defendant in his or her criminal
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case shall be waived and deemed uncollectible. Any portion of a
judgment imposing such fees shall be vacated.
SECTION 7. AMENDATORY 63 O.S. 2021, Section 2-401, as
last amended by Section 13, Chapter 486, O.S.L. 2025 (63 O.S. Supp.
2025, Section 2-401), is amended to read as follows:
Section 2-401. A. Except as authorized by the Uniform
Controlled Dangerous Substances Act, it shall be unlawful for any
person:
1. To distribute, dispense, transport with intent to distribute
or dispense, possess with intent to manufacture, distribute, or
dispense, a controlled dangerous substance or to solicit the use of
or use the services of a person less than eighteen (18) years of age
to cultivate, distribute or dispense a controlled dangerous
substance;
2. To create, distribute, transport with intent to distribute
or dispense, or possess with intent to distribute, a counterfeit
controlled dangerous substance; or
3. To distribute any imitation controlled substance as defined
by Section 2-101 of this title, except when authorized by the Food
and Drug Administration of the United States Department of Health
and Human Services.
B. Any person who violates the provisions of this section with
respect to:
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1. A substance classified in Schedule I or II, except for
marijuana, upon conviction, shall be guilty of transporting or
possessing with an intent to distribute a controlled dangerous
substance, a Class C2 felony offense, and shall be sentenced to a
term of imprisonment as provided for in subsections B through F of
Section 20M of Title 21 of the Oklahoma Statutes, and a fine not
more than One Hundred Thousand Dollars ($100,000.00), which shall be
in addition to other punishment provided by law and shall not be
imposed in lieu of other punishment. A second conviction for the
violation of provisions of this paragraph is a Class C2 felony
offense punishable by a term of imprisonment as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes. A third or subsequent conviction for the violation of the
provisions of this paragraph is a Class C2 felony offense punishable
by a term of imprisonment as provided for in subsections B through F
of Section 20M of Title 21 of the Oklahoma Statutes;
2. Any other controlled dangerous substance classified in
Schedule III, IV, V or marijuana, upon conviction, shall be guilty
of a Class D1 felony offense and shall be sentenced to a term of
imprisonment as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes and a fine not more than
Twenty Thousand Dollars ($20,000.00), which shall be in addition to
other punishment provided by law and shall not be imposed in lieu of
other punishment. A second conviction for the violation of the
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provisions of this paragraph is a Class D1 felony offense punishable
by a term of imprisonment as provided for in subsections B through F
of Section 20N of Title 21 of the Oklahoma Statutes. A third or
subsequent conviction for the violation of the provisions of this
paragraph is a Class D1 felony offense punishable by a term of
imprisonment as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes; or
3. An imitation controlled substance as defined by Section 2-
101 of this title, upon conviction, shall be guilty of a misdemeanor
and shall be sentenced to a term of imprisonment in the county jail
for a period not more than one (1) year and a fine not more than One
Thousand Dollars ($1,000.00). A person convicted of a second
violation of the provisions of this paragraph shall be guilty of a
Class D2 felony offense and shall be sentenced to a term of
imprisonment as provided for in subsections B through F of Section
20O of Title 21 of the Oklahoma Statutes, and a fine not more than
Five Thousand Dollars ($5,000.00), which shall be in addition to
other punishment provided by law and shall not be imposed in lieu of
other punishment.
C. 1. Except when authorized by the Food and Drug
Administration of the United States Department of Health and Human
Services, it shall be unlawful for any person to manufacture or
distribute a controlled substance or synthetic controlled substance.
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2. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to distributing a
controlled substance is guilty of a Class C2 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes, and a
fine not more than Twenty-five Thousand Dollars ($25,000.00), which
shall be in addition to other punishment provided by law and shall
not be imposed in lieu of other punishment.
3. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respect to distributing a
controlled substance is a Class C2 felony offense punishable by
imprisonment as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes. A third or subsequent
conviction for the violation of the provisions of this paragraph is
a Class C2 felony offense punishable by imprisonment as provided for
in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes.
4. Any person convicted of violating the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is guilty of a Class C2 felony offense and
shall be punished by imprisonment as provided for in subsections B
through F of Section 20M of Title 21 of the Oklahoma Statutes, and a
fine not more than Twenty-five Thousand Dollars ($25,000.00), which
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shall be in addition to other punishment provided by law and shall
not be imposed in lieu of other punishment.
5. A second conviction for the violation of the provisions of
paragraph 1 of this subsection with respect to manufacturing a
controlled substance is a Class C2 felony offense punishable by
imprisonment as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes. A third or subsequent
conviction for the violation of the provisions of this paragraph is
a Class C2 felony offense punishable by imprisonment as provided for
in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes.
D. Convictions for violations of the provisions of this section
shall be subject to the statutory provisions for suspended or
deferred sentences, or probation as provided in Section 991a of
Title 22 of the Oklahoma Statutes.
E. Any person who is at least eighteen (18) years of age and
who violates the provisions of this section by using or soliciting
the use of services of a person less than eighteen (18) years of age
to distribute, dispense, transport with intent to distribute or
dispense or cultivate a controlled dangerous substance or by
distributing a controlled dangerous substance to a person under
eighteen (18) years of age, or in the presence of a person under
twelve (12) years of age, is guilty of a Class C1 felony offense
punishable by:
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1. For a first violation of this subsection, a term of
imprisonment in the custody of the Department of Corrections not
less than two (2) years nor more than ten (10) years;
2. For a second violation of this subsection, a term of
imprisonment in the custody of the Department of Corrections for not
less than four (4) years nor more than twenty (20) years; or
3. For a third or subsequent violation of this subsection, a
term of imprisonment in the custody of the Department of Corrections
for not less than ten (10) years nor more than life.
F. Any person who violates any provision of this section by
transporting with intent to distribute or dispense, distributing or
possessing with intent to distribute a controlled dangerous
substance to a person, or violation of subsection G of this section,
in or on, or within two thousand (2,000) feet of the real property
comprising a public or private elementary or secondary school,
public vocational school, public or private college or university,
or other institution of higher education, recreation center or
public park, including a state park or recreation area, public
housing project, or child care facility as defined by Section 402 of
Title 10 of the Oklahoma Statutes, shall be guilty of a Class C1
felony offense and shall be punished by:
1. For a first offense, a term of imprisonment as provided for
in subsections B through E of Section 20L of Title 21 of the
Oklahoma Statutes; or
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2. For a second or subsequent violation of this section, a term
of imprisonment as provided for in subsections B through E of
Section 20L of Title 21 of the Oklahoma Statutes, or by the
imposition of a fine, or by both, not exceeding thrice that
authorized by the appropriate provision of this section.
Convictions for second and subsequent violations of the provisions
of this section shall not be subject to statutory provisions of
suspended sentences, deferred sentences or probation.
G. 1. Except as authorized by the Uniform Controlled Dangerous
Substances Act, it shall be unlawful for any person to manufacture
or attempt to manufacture any controlled dangerous substance or
possess any substance listed in Section 2-322 of this title or any
substance containing any detectable amount of pseudoephedrine or its
salts, optical isomers or salts of optical isomers, iodine or its
salts, optical isomers or salts of optical isomers, hydriodic acid,
sodium metal, lithium metal, anhydrous ammonia, phosphorus, or
organic solvents with the intent to use that substance to
manufacture a controlled dangerous substance.
2. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance, possessing any
substance listed in this subsection or Section 2-322 of this title,
or combining fentanyl with any other controlled dangerous substance,
upon conviction, is guilty of a Class A2 felony offense and shall be
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punished by imprisonment in the custody of the Department of
Corrections for not less than seven (7) years nor more than life and
by a fine not less than Fifty Thousand Dollars ($50,000.00), which
shall be in addition to other punishment provided by law and shall
not be imposed in lieu of other punishment. The possession of any
amount of anhydrous ammonia in an unauthorized container shall be
prima facie evidence of intent to use such substance to manufacture
a controlled dangerous substance.
3. Any person violating the provisions of this subsection with
respect to the unlawful manufacturing or attempting to unlawfully
manufacture any controlled dangerous substance in the following
amounts:
a. one (1) kilogram or more of a mixture or substance
containing a detectable amount of heroin,
b. five (5) kilograms or more of a mixture or substance
containing a detectable amount of:
(1) coca leaves, except coca leaves and extracts of
coca leaves from which cocaine, ecgonine, and
derivatives of ecgonine or their salts have been
removed,
(2) cocaine, its salts, optical and geometric
isomers, and salts of isomers,
(3) ecgonine, its derivatives, their salts, isomers,
and salts of isomers, or
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(4) any compound, mixture, or preparation which
contains any quantity of any of the substances
referred to in divisions (1) through (3) of this
subparagraph,
c. fifty (50) grams or more of a mixture or substance
described in division (2) of subparagraph b of this
paragraph which contains cocaine base,
d. one hundred (100) grams or more of phencyclidine (PCP)
or one (1) kilogram or more of a mixture or substance
containing a detectable amount of phencyclidine (PCP),
e. ten (10) grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD),
f. four hundred (400) grams or more of a mixture or
substance containing a detectable amount of N-phenyl-
N-[1-(2-pheylethy)-4-piperidinyl] propanamide or 100
grams or more of a mixture or substance containing a
detectable amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide,
g. one thousand (1,000) kilograms or more of a mixture or
substance containing a detectable amount of marijuana
or one thousand (1,000) or more marijuana plants
regardless of weight,
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h. fifty (50) grams or more of methamphetamine, its
salts, isomers, and salts of its isomers or five
hundred (500) grams or more of a mixture or substance
containing a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers, or
i. ten (10) grams or more of a mixture or substance
containing a detectable amount of fentanyl, its
analogs, or derivatives,
upon conviction, is guilty of aggravated manufacturing of a
controlled dangerous substance, a Class A1 felony offense,
punishable by imprisonment in the custody of the Department of
Corrections for not less than twenty (20) years nor more than life
and by a fine not less than Fifty Thousand Dollars ($50,000.00),
which shall be in addition to other punishment provided by law and
shall not be imposed in lieu of other punishment. Any person
convicted of a violation of the provisions of this paragraph shall
be required to serve a minimum of eighty-five percent (85%) of the
sentence received prior to becoming eligible for state correctional
earned credits towards the completion of the sentence or eligible
for parole.
4. Any sentence to the custody of the Department of Corrections
for any violation of paragraph 3 of this subsection shall not be
subject to statutory provisions for suspended sentences, deferred
sentences, or probation. A person convicted of a second or
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subsequent violation of the provisions of paragraph 3 of this
subsection shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes and shall be
required to serve a minimum of eighty-five percent (85%) of the
sentence received prior to becoming eligible for state correctional
earned credits or eligibility for parole.
5. Any person who has been convicted of manufacturing or
attempting to manufacture methamphetamine pursuant to the provisions
of this subsection and who, after such conviction, purchases or
attempts to purchase, receive or otherwise acquire any product,
mixture, or preparation containing any detectable quantity of base
pseudoephedrine or ephedrine shall, upon conviction, be guilty of a
Class B3 felony offense punishable by imprisonment in the custody of
the Department of Corrections for a term in the range of twice the
minimum term provided for in paragraph 2 of this subsection.
H. Any person convicted of any offense described in the Uniform
Controlled Dangerous Substances Act may, in addition to the fine
imposed, be assessed an amount not to exceed ten percent (10%) of
the fine imposed. Such assessment shall be paid into a revolving
fund for enforcement of controlled dangerous substances created
pursuant to Section 2-506 of this title.
I. Any person convicted of any offense described in this
section shall, in addition to any fine imposed, pay a special
assessment trauma-care fee of One Hundred Dollars ($100.00) to be
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deposited into the Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of this title.
J. I. For purposes of this section, "public housing project"
means any dwelling or accommodations operated as a state or
federally subsidized multifamily housing project by any housing
authority, nonprofit corporation or municipal developer or housing
projects created pursuant to the Oklahoma Housing Authorities Act.
K. J. 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 this title, upon
collection.
L. K. Any person convicted of a second or subsequent felony
violation of the provisions of this section, except for paragraphs 1
and 2 of subsection B of this section, paragraphs 2, 3, 4 and 5 of
subsection C of this section, paragraphs 1, 2, and 3 of subsection E
of this section and paragraphs 1 and 2 of subsection F of this
section, shall be punished as a habitual offender pursuant to
Section 51.1 of Title 21 of the Oklahoma Statutes.
L. Beginning November 1, 2026, any person who was ordered to
pay a ten percent (10%) assessment in addition to the fine imposed
for a conviction described in the Uniform Controlled Dangerous
Substances Act shall have the unpaid balance waived and deemed
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unenforceable and uncollectible. Any portion of a judgment imposing
such fees shall be vacated.
SECTION 8. REPEALER 20 O.S. 2021, Sections 1313.3 and
1313.4, are hereby repealed.
SECTION 9. This act shall become effective November 1, 2026.
60-2-15289 GRS 01/15/26