STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1550	By:	McCullough

AS INTRODUCED

An Act relating to service of process fees; amending 19 O.S. 2011, Sections 514 and 514.4, which relate to sheriff service and execution of process; providing for local law enforcement agency to serve and execute process within its jurisdiction; permitting law enforcement agency to enter into certain contracts; directing contract provisions to be administered by certain statewide group; amending 28 O.S. 2011, Sections 152.1, 153 and 162, which relate to court fees; directing certain fee be paid directly to local law enforcement agency; modifying service of process fee; directing fee be paid directly to local law enforcement agency in certain cases; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     19 O.S. 2011, Section 514, is amended to read as follows:
Section 514.  The sheriff in person, or by his undersheriff or deputy, or other local law enforcement agency or officer within the jurisdiction of the law enforcement agency shall serve and execute, according to law, all process, writs, precepts and orders issued or made by lawful authorities, and to him directed, and shall attend upon the several courts of record held in his the county.
SECTION 2.     AMENDATORY     19 O.S. 2011, Section 514.4, is amended to read as follows:
Section 514.4  A.  Notwithstanding any other section of law, the county sheriffs of any Oklahoma county or other local law enforcement agency may enter into a private contract, pursuant to Section 85.41 of Title 74 of the Oklahoma Statutes.  Such contract shall require the contractor to attempt to locate and notify persons of their outstanding misdemeanor or failure-to-pay warrants.
B.  A person may make payment directly to the court, as allowed by law, or the contractor shall be authorized to accept payment on misdemeanor or failure-to-pay warrants by various means including, but not limited to, payment by phone, mail, or Internet, and in any payment form including, but not limited to, personal, cashier’s, traveler’s, certified, or guaranteed bank check, postal or commercial money order, nationally recognized credit or a debit card, or other generally accepted payment form.  Any payment collected and received by the contractor shall be paid within fifteen (15) days to the court clerk of the entity that issued the outstanding misdemeanor or failure-to-pay warrant.
C.  As provided for by this section, a person may pay in lieu of appearance before the court and such payment accepted by the court shall constitute a finding of guilty as though a plea of nolo contendere had been entered by the defendant as allowed by law and shall function as a written, dated, and signed plea form acceptable to the court.  Such payment shall serve as a written waiver of a jury trial.
D.  The court shall release the outstanding misdemeanor or failure-to-pay warrant upon receipt of all sums due pursuant to said warrant including the misdemeanor or failure-to-pay warrant, scheduled fine or sum due, all associated fees, costs and statutory penalty assessments, and the administrative cost pursuant to Section 514.5 of this title.
E.  The provisions of any contract entered into by a county sheriff shall be administered by a statewide association of county sheriffs in Oklahoma.  The county sheriff of any Oklahoma county may assign their right to contract to the statewide association administering the provisions of this contract.  The provisions of any contract entered into by a local law enforcement agency shall be administered by a statewide association of chiefs of police in Oklahoma.
F.  The provisions of this section and Section 514.5 of this title shall be applicable to:
1.  Any misdemeanor or failure-to-pay warrant issued or relating to any proceeding pursuant to the State and Municipal Traffic Bail Bond Procedure Act;
2.  Any misdemeanor or failure-to-pay warrant issued that allows a defendant to resolve the matter by payment in lieu of a personal appearance in court; and
3.  Any failure-to-pay warrant issued in a criminal case.
SECTION 3.     AMENDATORY     28 O.S. 2011, Section 152.1, is amended to read as follows:
Section 152.1  A.  In civil cases, the court clerk shall collect and deposit in the court fund the following charges in addition to the flat fee:
1.  For posting notices and filing certificates required by statute	$30.00
2.  For the filing of any counterclaim or setoff pursuant to Section 1758 of Title 12 of the Oklahoma Statutes	$20.00
3.  For mailing by any type of mail writs, warrants, orders, process, command, or notice for each person	$10.00
4.  For the actual cost of all postage in each case in excess of 	$10.00
5.  For serving or endeavoring to serve each writ, warrant, order, process, command, or notice for each person in one or more counties.	$50.00
provided that if more than one person is served at the same address, one flat fee of Fifty Dollars ($50.00) may be charged
6.  For sheriff’s fees on court-ordered sales of real or personal property	$75.00
7.  When a jury is requested	$349.00
8.  For issuing each summons for each person	$ 5.00
9.  For services of a court reporter at each trial held in the case	$20.00
10.  For filing a motion for summary judgment or summary disposition of issue(s)	$50.00
The fees prescribed in paragraphs 5 and 6 of this subsection shall be paid by the court clerk into the Sheriff’s Service Fee Account, created pursuant to the provisions of Section 514.1 of Title 19 of the Oklahoma Statutes, of the sheriff in the county where service is made or attempted or where the sheriff’s sale occurs, except when the local law enforcement agency makes or attempts service as provided by Section 514 of Title 19 of the Oklahoma Statutes.  If the local law enforcement agency makes or attempts service within its jurisdiction, the fees prescribed in paragraph 5 of this subsection shall be paid by the court clerk directly to the local law enforcement agency.  All other fees shall be deposited into the local court fund in the county where collected.
B.  The fee prescribed in paragraph 7 of subsection A of this section shall be paid at the time of the pretrial conference by the party requesting a jury.
SECTION 4.     AMENDATORY     28 O.S. 2011, Section 153, is amended to read as follows:
Section 153.  A.  The clerks of the courts shall collect as costs in every criminal case for each offense of which the defendant is convicted, irrespective of whether or not the sentence is deferred, the following flat charges and no more, except for standing and parking violations and for charges otherwise provided for by law, which fee shall cover docketing of the case, filing of all papers, issuance of process, warrants, orders, and other services to the date of judgment:
1.  For each defendant convicted of exceeding the speed limit by at least one (1) mile per hour but not more than ten (10) miles per hour, whether charged individually or conjointly with others	$77.00
2.  For each defendant convicted of a misdemeanor traffic violation other than an offense provided for in paragraph 1 or 5 of this subsection, whether charged individually or conjointly with others	$98.00
3.  For each defendant convicted of a misdemeanor, other than for driving under the influence of alcohol or other intoxicating substance or an offense provided for in paragraph 1 or 2 of this subsection, whether charged individually or conjointly with others	$93.00
4.  For each defendant convicted of a felony, other than for driving under the influence of alcohol or other intoxicating substance, whether charged individually or conjointly with others	$103.00
5.  For each defendant convicted of the misdemeanor of driving under the influence of alcohol or other intoxicating substance, whether charged individually or conjointly with others	$433.00
6.  For each defendant convicted of the felony of driving under the influence of alcohol or other intoxicating substance, whether charged individually or conjointly with others	$433.00
7.  For the services of a court reporter at each preliminary hearing and trial held in the case	$20.00
8.  For each time a jury is requested	$30.00
9.  A sheriff’s fee to be paid to the sheriff or local law enforcement agency for serving or endeavoring to serve each writ, warrant, order, process, command, or notice or pursuing any fugitive from justice
a.	within the county or jurisdiction of the local law enforcement agency	$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
10.  For the services of a language interpreter, other than an interpreter appointed pursuant to the provisions of the Oklahoma Interpreter for the Deaf Act, at each hearing held in the case, the actual cost of the interpreter.
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 Ten Dollars ($10.00) 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 Fifteen Dollars ($15.00) shall be assessed and collected in every misdemeanor case for each offense; the sum of Fifteen Dollars ($15.00) 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 Twenty-five Dollars ($25.00) shall be assessed and collected in every felony case for each offense; and the sum of Twenty-five Dollars ($25.00) shall be assessed and collected in every felony case for each offense for driving under the influence of alcohol or other intoxicating substance.
D.  In addition to the amounts collected pursuant to subsections A and B of this section, the sum of Twenty-five Dollars ($25.00) shall be assessed and credited to the Oklahoma Court Information System Revolving Fund created pursuant to Section 1315 of Title 20 of the Oklahoma Statutes.
E.  In addition to the amount collected pursuant to paragraphs 1 through 6 of subsection A of this section, the sum of Ten Dollars ($10.00) shall be assessed and credited to the Sheriff’s Service Fee Account in the county in which the conviction occurred for the purpose of enhancing existing or providing additional courthouse security.
F.  In addition to the amounts collected pursuant to paragraphs 1 through 6 of subsection A of this section, the sum of Three Dollars ($3.00) shall be assessed and credited to the Office of the Attorney General Victim Services Unit.
G.  In addition to the amounts collected pursuant to paragraphs 1 through 6 of subsection A of this section, the sum of Three Dollars ($3.00) shall be assessed and credited to the Child Abuse Multidisciplinary Account.  This fee shall not be used for purposes of hiring or employing any law enforcement officers.
H.  Prior to conviction, parties in criminal cases shall not be required to pay, advance, or post security for the services of a language interpreter or for the issuance or service of process to obtain compulsory attendance of witnesses.
I.  The amounts to be assessed as court costs upon filing of a case shall be those amounts above-stated in paragraph 3 or 4 of subsection A and subsection B, C, D and E of this section.
J.  The fees collected pursuant to this section shall be deposited into the court fund, except the following:
1.  A court clerk issuing a misdemeanor warrant is entitled to ten percent (10%) of the sheriff’s service fee, provided for in paragraph 9 of subsection A of this section, collected on a warrant referred to the contractor for the misdemeanor warrant notification program governed by Sections 514.4 and 514.5 of Title 19 of the Oklahoma Statutes.  This ten-percent sum shall be deposited into the issuing Court Clerk’s Revolving Fund, created pursuant to Section 220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing the warrant with the balance of the sheriff’s service fee to be deposited into the Sheriff’s Service Fee Account, created pursuant to the provisions of Section 514.1 of Title 19 of the Oklahoma Statutes, of the sheriff in the county in which service is made or attempted, or to be paid by the court clerk directly to the local law enforcement agency if the local law enforcement agency makes or attempts service within its jurisdiction.  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, or shall be paid in its entirety directly to the local law enforcement agency if the local law enforcement agency makes or attempts service within its jurisdiction;
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 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,
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.  Costs required to be collected pursuant to this section shall not be dismissed or waived; provided, if the court determines that a person needing the services of a language interpreter is indigent, the court may waive all or part of the costs or require the payment of costs in installments.
L.  As used in this section, “convicted” means any final adjudication of guilt, whether pursuant to a plea of guilty or nolo contendere or otherwise, and any deferred judgment or suspended sentence.
M.  A court clerk may accept in payment for any fee, fine, forfeiture payment, cost, penalty assessment or other charge or collection to be assessed or collected by a court clerk pursuant to this section a nationally recognized credit card or debit card or other electronic payment method as provided in paragraph 1 of subsection B of Section 151 of this title.
N.  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.
SECTION 5.     AMENDATORY     28 O.S. 2011, Section 162, is amended to read as follows:
Section 162.  A.  The clerks of the courts shall collect as costs in every juvenile delinquency, child in need of supervision, or deprived case in which the juvenile is adjudicated, irrespective of whether or not the sentence is deferred, or minor in need of treatment case pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act, Section 5-501 et seq. of Title 43A of the Oklahoma Statutes, irrespective of whether the child is committed for inpatient mental health or substance abuse treatment, or in every such case in which a petition is filed at the demand of the parents of a juvenile and said petition is subsequently dismissed prior to adjudication at said parents’ request, the following flat charge and no more, except for the charges provided for in this section, which fee shall cover docketing of the case, filing of all papers, issuance of process, warrants and orders, and other services to date of judgment:
For each case where one or more
juveniles are adjudicated deprived	$50.00
For each juvenile who is certified to
stand trial as an adult	$75.00
In each juvenile case wherein parental
rights are terminated	$50.00
For each juvenile adjudicated in need
of supervision	$50.00
For each child found to be a minor
in need of treatment	$50.00
For each juvenile adjudicated for an
offense which would be a misdemeanor
if committed by an adult, including
violation of any traffic law, whether
charged individually or conjointly with others	$50.00
For each juvenile adjudicated for an
offense which would be a felony if
committed by an adult, whether charged
individually or conjointly with others	$75.00
For the services of a court reporter at
each trial held in the case	$20.00
When a jury is requested	$30.00
A sheriff’s fee for serving or
endeavoring to serve all writs,
warrants, orders, process, commands,
or notices or pursuing any fugitive
from justice	$20.00 or mileage as established by Oklahoma Statutes, whichever is greater.
B.  In addition to the amount collected pursuant to subsection A of this section, the sum of Fifteen Dollars ($15.00) shall be assessed and collected for each juvenile case.  The fees collected shall be forwarded to the District Attorneys Revolving Fund to defray the costs of prosecution.
C.  Costs assessed pursuant to subsections A and B of this section shall be levied against the juvenile, the parent, or both, but shall not be levied against the legal guardian or any state or private agency having custody of any juvenile subject to such proceedings.
D.  Prior to adjudication, parties in juvenile delinquency, child in need of supervision, minor in need of treatment, and deprived cases shall not be required to pay, advance, or post security for the issuance or service of process to obtain compulsory attendance of witnesses.  These fees shall be deposited into the court fund, except the sheriff’s fee for service or endeavoring to serve, when collected, shall be transferred to the general fund of the county in which service is made or attempted to be made by the county sheriff, or the general fund of the local law enforcement agency if the local law enforcement agency makes or attempts service within its jurisdiction.
E.  The clerk of the district court shall charge the sum of One Hundred Dollars ($100.00) for preparing, assembling, indexing, and transmitting the record for appellate review.  This fee shall be paid by the party taking the appeal and shall be entered as costs in the action.  If more than one party to the action shall prosecute an appeal from the same judgment or order, the fee shall be paid by the party whose petition in error is determined by the district court or by the appellate court to commence the principal appeal.  The fees collected hereunder shall be paid into the court fund.
F.  Fees and costs collected in juvenile cases may be withdrawn from the court fund and used for operations of the juvenile bureaus, in counties wherein a statutory juvenile bureau is in operation, upon approval by the Chief Justice of the Oklahoma Supreme Court.
G.  In those seventy-four counties in which court services are provided by contract between the Oklahoma Supreme Court and the Department of Human Services, funds received from court costs in juvenile cases may be withdrawn from the court fund and paid to the Department of Human Services upon approval by the Chief Justice of the Oklahoma Supreme Court.  Said funds are to be expended by the Department of Human Services to supplement community-based programs, such as youth services programs, day treatment programs and group home services.  Specific annual training of Department workers in community-based services providing the above court-related services is also to be included for expenditure of funds received from court costs in juvenile cases by the Department of Human Services.
H.  In those seventy-four counties in which court services are provided by contract between the Oklahoma Supreme Court and the Office of Juvenile Affairs, funds received from court costs or orders for care and maintenance in juvenile cases may be withdrawn from the court fund and paid to the Office of Juvenile Affairs upon approval by the Chief Justice of the Oklahoma Supreme Court.  Said funds are to be expended by the Office of Juvenile Affairs to provide care and maintenance and to supplement community-based programs, such as alternative education, juvenile offender community and victim restitution work programs, community sanction programs, youth services programs, day treatment programs, group home services, and detention services.  Specific annual training of agency workers in community-based services providing the above court-related services is also to be included for expenditure of funds received from court costs in juvenile cases by the Office of Juvenile Affairs.
SECTION 6.  This act shall become effective November 1, 2013.

54-1-6050	EK	01/13/13