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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 734 By: Weaver
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7 AS INTRODUCED
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8 An Act relating to fees; amending 28 O.S. 2021,
8 Section 153, as amended by Section 2, Chapter 237,
9 O.S.L. 2022 (28 O.S. Supp. 2024, Section 153), which
9 relates to costs in criminal cases; increasing
10 sheriff's fee for certain service; providing an
10 effective date; and declaring an emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 28 O.S. 2021, Section 153, as
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17 amended by Section 2, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2024,
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18 Section 153), is amended to read as follows:
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19 Section 153. A. The clerks of the courts shall collect as
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20 costs in every criminal case for each offense of which the defendant
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21 is convicted, irrespective of whether or not the sentence is
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22 deferred, the following flat charges and no more, except for
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23 standing and parking violations and for charges otherwise provided
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24 for by law, which fee shall cover docketing of the case, filing of
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1 all papers, issuance of process, warrants, orders, and other
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2 services to the date of judgment:
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3 1. For each defendant convicted of
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4 exceeding the speed limit by at least
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5 one (1) mile per hour but not more than
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6 ten (10) miles per hour, whether charged
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7 individually or conjointly with others...............$77.00
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8 2. For each defendant convicted of a
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9 misdemeanor traffic violation other than
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10 an offense provided for in paragraph 1
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11 or 5 of this subsection, whether charged
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12 individually or conjointly with others...............$98.00
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13 3. For each defendant convicted of a
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14 misdemeanor, other than for driving
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15 under the influence of alcohol or other
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16 intoxicating substance or an offense
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17 provided for in paragraph 1 or 2 of this
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18 subsection, whether charged individually
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19 or conjointly with others............................$93.00
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20 4. For each defendant convicted of a
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21 felony, other than for driving under the
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22 influence of alcohol or other
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23 intoxicating substance, whether charged
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24 individually or conjointly with others..............$103.00
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1 5. For each defendant convicted of the
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2 misdemeanor of driving under the
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3 influence of alcohol or other
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4 intoxicating substance, whether charged
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5 individually or conjointly with others..............$433.00
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6 6. For each defendant convicted of the
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7 felony of driving under the influence of
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8 alcohol or other intoxicating substance,
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9 whether charged individually or
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10 conjointly with others..............................$433.00
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11 7. For the services of a court reporter at
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12 each preliminary hearing and trial held
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13 in the case..........................................$20.00
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14 8. For each time a jury is requested....................$30.00
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15 9. A sheriff's fee for serving or
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16 endeavoring to serve each writ, warrant,
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17 order, process, command, or notice or
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18 pursuing any fugitive from justice
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19 a. within the county.......... $50.00 up to $150.00, or
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20 mileage as
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21 established by the
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22 Oklahoma Statutes,
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23 whichever is
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24 greater, or
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Req. No. 1456 Page 3
1 b. outside of the county...... $50.00 up to $150.00, or
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2 actual, necessary
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3 expenses, whichever
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4 is greater
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5 B. In addition to the amount collected pursuant to paragraphs 2
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6 through 6 of subsection A of this section, the sum of Six Dollars
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7 ($6.00) shall be assessed and credited to the Law Library Fund
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8 pursuant to Section 1201 et seq. of Title 20 of the Oklahoma
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9 Statutes.
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10 C. In addition to the amount collected pursuant to subsection A
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11 of this section, the sum of Twenty Dollars ($20.00) shall be
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12 assessed and collected in every traffic case for each offense other
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13 than for driving under the influence of alcohol or other
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14 intoxicating substance; the sum of Thirty Dollars ($30.00) shall be
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15 assessed and collected in every misdemeanor case for each offense;
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16 the sum of Thirty Dollars ($30.00) shall be assessed and collected
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17 in every misdemeanor case for each offense for driving under the
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18 influence of alcohol or other intoxicating substance; the sum of
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19 Fifty Dollars ($50.00) shall be assessed and collected in every
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20 felony case for each offense; and the sum of Fifty Dollars ($50.00)
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21 shall be assessed and collected in every felony case for each
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22 offense for driving under the influence of alcohol or other
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23 intoxicating substance.
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1 D. In addition to the amounts collected pursuant to subsections
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2 A and B of this section, the sum of Twenty-five Dollars ($25.00)
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3 shall be assessed and credited to the Oklahoma Court Information
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4 System Revolving Fund created pursuant to Section 1315 of Title 20
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5 of the Oklahoma Statutes.
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6 E. In addition to the amount collected pursuant to paragraphs 1
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7 through 6 of subsection A of this section, the sum of Ten Dollars
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8 ($10.00) shall be assessed and credited to the Sheriff's Service Fee
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9 Account in the county in which the conviction occurred for the
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10 purpose of enhancing existing or providing additional courthouse
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11 security.
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12 F. In addition to the amounts collected pursuant to paragraphs
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13 1 through 6 of subsection A of this section, the sum of Three
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14 Dollars ($3.00) shall be assessed and credited to the Office of the
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15 Attorney General Victim Services Unit.
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16 G. In addition to the amounts collected pursuant to paragraphs
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17 1 through 6 of subsection A of this section, the sum of Three
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18 Dollars ($3.00) shall be assessed and credited to the Child Abuse
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19 Multidisciplinary Account. This fee shall not be used for purposes
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20 of hiring or employing any law enforcement officers.
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21 H. In addition to the amount collected pursuant to paragraphs 5
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22 and 6 of subsection A of this section, the sum of Fifteen Dollars
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23 ($15.00) shall be assessed in every misdemeanor or felony case for
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24 each offense of driving under the influence of alcohol or other
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1 intoxicating substance and credited to the Oklahoma Impaired Driver
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2 Database Revolving Fund created pursuant to Section 11-902d of Title
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3 47 of the Oklahoma Statutes.
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4 I. Prior to conviction, parties in criminal cases shall not be
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5 required to pay, advance, or post security for the issuance or
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6 service of process to obtain compulsory attendance of witnesses.
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7 J. The amounts to be assessed as court costs upon filing of a
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8 case shall be those amounts above-stated in paragraph 3 or 4 of
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9 subsection A and subsections B, C, D and E of this section.
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10 K. The fees collected pursuant to this section shall be
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11 deposited into the court fund, except the following:
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12 1. A court clerk issuing a misdemeanor warrant is entitled to
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13 ten percent (10%) of the sheriff's service fee, provided for in
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14 paragraph 9 of subsection A of this section, collected on a warrant
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15 referred to the contractor for the misdemeanor warrant notification
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16 program governed by Sections 514.4 and 514.5 of Title 19 of the
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17 Oklahoma Statutes. This ten-percent sum shall be deposited into the
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18 issuing Court Clerk's Revolving Fund, created pursuant to Section
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19 220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing
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20 the warrant with the balance of the sheriff's service fee to be
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21 deposited into the Sheriff's Service Fee Account, created pursuant
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22 to the provisions of Section 514.1 of Title 19 of the Oklahoma
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23 Statutes, of the sheriff in the county in which service is made or
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24 attempted. Otherwise, the sheriff's service fee, when collected,
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1 shall be deposited in its entirety into the Sheriff's Service Fee
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2 Account of the sheriff in the county in which service is made or
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3 attempted;
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4 2. The sheriff's fee provided for in Section 153.2 of this
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5 title;
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6 3. The witness fees paid by the district attorney pursuant to
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7 the provisions of Section 82 of this title which, if collected by
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8 the court clerk, shall be transferred to the district attorney's
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9 office in the county where witness attendance was required. Fees
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10 transferred pursuant to this paragraph shall be deposited in the
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11 district attorney's maintenance and operating expense account;
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12 4. The fees provided for in subsection C of this section shall
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13 be forwarded to the District Attorneys Council Revolving Fund to
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14 defray the costs of prosecution; and
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15 5. The following amounts of the fees provided for in paragraphs
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16 2, 3, 5 and 6 of subsection A of this section, when collected, shall
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17 be deposited in the Trauma Care Assistance Revolving Fund, created
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18 pursuant to the provisions of Section 1-2530.9 of Title 63 of the
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19 Oklahoma Statutes:
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20 a. Ten Dollars ($10.00) of the Ninety-eight-Dollar fee
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21 provided for in paragraph 2 of subsection A of this
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22 section,
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1 b. Ten Dollars ($10.00) of the Ninety-three-Dollar fee
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2 provided for in paragraph 3 of subsection A of this
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3 section,
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4 c. One Hundred Dollars ($100.00) of the Four-Hundred-
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5 Thirty-three-Dollar fee provided for in paragraph 5 of
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6 subsection A of this section, and
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7 d. One Hundred Dollars ($100.00) of the Four-Hundred-
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8 Thirty-three-Dollar fee provided for in paragraph 6 of
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9 subsection A of this section.
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10 L. As used in this section, "convicted" means any final
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11 adjudication of guilt, whether pursuant to a plea of guilty or nolo
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12 contendere or otherwise, and any deferred judgment or suspended
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13 sentence.
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14 M. A court clerk may accept in payment for any fee, fine,
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15 forfeiture payment, cost, penalty assessment or other charge or
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16 collection to be assessed or collected by a court clerk pursuant to
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17 this section a nationally recognized credit card or debit card or
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18 other electronic payment method as provided in paragraph 1 of
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19 subsection B of Section 151 of this title.
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20 N. Upon receipt of payment of fines and costs for offenses
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21 charged prior to July 1, 1992, the court clerk shall apportion and
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22 pay Thirteen Dollars ($13.00) per conviction to the court fund.
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23 SECTION 2. This act shall become effective July 1, 2025.
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1 SECTION 3. It being immediately necessary for the preservation
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2 of the public peace, health or safety, an emergency is hereby
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3 declared to exist, by reason whereof this act shall take effect and
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4 be in full force from and after its passage and approval.
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Req. No. 1456 Page 9Every fact on this page links to its source, starting with the official bill record.