S TATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 198	By:  Paddack

AS INTRODUCED

An Act relating to the court fund; amending 20 O.S. 2001, Section 1313.2, as last amended by Section 1, Chapter 442, O.S.L. 2009 (20 O.S. Supp. 2010, Section 1313.2), which relates definitions and penalties in addition to fine; modifying collection and deposit of certain monies; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     20 O.S. 2001, Section 1313.2, as last amended by Section 1, Chapter 442, O.S.L. 2009 (20 O.S. Supp. 2010, Section 1313.2), is amended to read as follows:
Section 1313.2  A.  As used in this section:
1.  “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;
2.  “Court” means any state or municipal court having jurisdiction to impose a criminal fine or penalty; and
3.  “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 Nine Dollars ($9.00) 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, 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 Oklahoma State Bureau of Investigation who shall deposit the monies into the OSBI Revolving Fund provided for in Section 150.19a of Title 74 of the Oklahoma Statutes for services rendered or administered by the Oklahoma State Bureau of Investigation,
b.	the Office of the Chief Medical Examiner who shall deposit the monies into the Office of the Chief Medical Examiner Toxicology Laboratory Revolving Fund provided for in Section 954 of Title 63 of the Oklahoma Statutes for services rendered or administered by the Toxicology Laboratory of 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 Oklahoma State Bureau of Investigation personnel, and
d.	the destruction of seized property and chemicals as prescribed in Sections 2-505 and 2-508 of Title 63 of the Oklahoma Statutes.
D.  Upon conviction or bond forfeiture, the court shall collect the fee provided for in subsection B of this section and deposit it in an account created for that purpose.  Except as otherwise provided in subsection E of this section, monies shall be forwarded monthly by the court clerk to the Council on Law Enforcement Education and Training.  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, the Council on Law Enforcement Education and Training, 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 the Council on Law Enforcement Education and Training 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 July 1, 2011, sixty and fifty-three one-hundredths percent (60.53%) of the monies received by the Council on Law Enforcement Education and Training from the court clerks pursuant to this section shall be deposited in the CLEET Fund created pursuant to subsection G 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%) and thirty-nine and forty-seven one-hundredths (39.47%) shall be deposited in the CLEET Training Center Revolving Fund created pursuant to Section 3311.6 of Title 70 of the Oklahoma Statutes.  Along with the deposits required by this subsection, each court shall also submit a report stating the total amount of funds collected and the total number of fees imposed during the preceding quarter.  The report may be made on computerized or manual disposition reports.
E.  Any municipality or county having a basic law enforcement academy approved by the Council on Law Enforcement Education and Training pursuant to the criteria developed by the Council for training law enforcement officers shall retain from monies collected pursuant to subsections A through D of this section, Two Dollars ($2.00) from each fee.  These monies shall be deposited into an account for the sole use of the municipality or county in implementing its law enforcement training functions.  Not more than seven percent (7%) of the monies shall be used for court and prosecution training.  The court clerk of any such municipality or county shall furnish to the Council on Law Enforcement Education and Training the report required by subsection D of this section.
F.  1.  Any person entering a plea of guilty or nolo contendere or is found guilty of the crime of misdemeanor possession of marijuana or drug paraphernalia shall be ordered by the court to pay a five-dollar fee, which shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense.
2.  The court clerk shall cause to be deposited the amount of Five Dollars ($5.00) as collected, for every adjudicated or otherwise convicted person as described in this subsection.  The court clerk shall remit the monies in the fund on a monthly basis directly to the Bureau of Narcotics Drug Education Revolving Fund.
G.  There is hereby created in the State Treasury a fund for the Council on Law Enforcement Education and Training to be designated the “CLEET Fund”.  The fund shall be subject to legislative appropriation and shall consist of any monies received from fees and receipts collected pursuant to the Oklahoma Open Records Act, reimbursements for parts used in the repair of weapons of law enforcement officers attending the basic academies, gifts, bequests, contributions, tuition, fees, devises, and the assessments levied pursuant to the fund pursuant to law.
H.  1.  Any person convicted of a felony offense 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 conviction as described in this subsection.  The court clerk shall remit the monies in said fund on a monthly basis directly to the Oklahoma State Bureau of Investigation who shall deposit the monies into the OSBI Revolving Fund provided for in Section 150.19a of Title 74 of the Oklahoma Statutes for services rendered or administered by the Oklahoma State Bureau of Investigation.
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.
I.  It shall be the responsibility of the court clerk to account for and ensure the correctness and accuracy of payments made to the state agencies identified in Sections 1313.2 through 1313.4 of this title.  Payments made directly to an agency by the court clerk as a result of different types of assessments and fees pursuant to Sections 1313.2 through 1313.4 of this title shall be made monthly to each state agency.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-348	MD	1/11/2011 10:39:05 AM