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Oklahoma Legislature· SB 973Second Reading referred to Business and Insurance

An act relating to debt collection, the official text

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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 973           By: Gollihare
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6                           AS INTRODUCED

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7   An Act relating to debt collection; prohibiting

7   certain contract with private debt collectors;

8   amending 28 O.S. 2021, Section 153, as amended by

8   Section 2, Chapter 237, O.S.L. 2022 (28 O.S. Supp.

9   2024, Section 153), which relates to costs in

9   criminal cases; conforming language; repealing 19

10  O.S. 2021, Sections 514.4, as last amended by Section

10  1, Chapter 211, O.S.L. 2024, and 514.5, as amended by

11  Section 2, Chapter 247, O.S.L. 2023 (19 O.S. Supp.

11  2024, Sections 514.4 and 514.5), which relate to the

12  court cost compliance program; providing for

12  codification; and providing an effective date.

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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16  SECTION 1.     NEW LAW  A new section of law to be codified

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17 in the Oklahoma Statutes as Section 23 of Title 22, unless there is
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18 created a duplication in numbering, reads as follows:
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19  No court nor other state entity shall contract with a private

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20 debt collector or private debt collection agency to collect
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21 outstanding criminal fines, fees, costs, or restitution of any
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22 individual.
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    Req. No. 712                                              Page 1
1   SECTION 2.    AMENDATORY          28 O.S. 2021, Section 153, as

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2 amended by Section 2, Chapter 237, O.S.L. 2022 (28 O.S. Supp. 2024,
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3 Section 153), is amended to read as follows:
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4   Section 153. A. The clerks of the courts shall collect as

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5 costs in every criminal case for each offense of which the defendant
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6 is convicted, irrespective of whether or not the sentence is
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7 deferred, the following flat charges and no more, except for
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8 standing and parking violations and for charges otherwise provided
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9 for by law, which fee shall cover docketing of the case, filing of
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10 all papers, issuance of process, warrants, orders, and other
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11 services to the date of judgment:
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12  1. For each defendant convicted of

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13  exceeding the speed limit by at least

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14  one (1) mile per hour but not more than

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15  ten (10) miles per hour, whether charged

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16  individually or conjointly with others...............$77.00

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17  2. For each defendant convicted of a

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18  misdemeanor traffic violation other than

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19  an offense provided for in paragraph 1

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20  or 5 of this subsection, whether charged

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21  individually or conjointly with others...............$98.00

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22  3. For each defendant convicted of a

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23  misdemeanor, other than for driving

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24  under the influence of alcohol or other

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    Req. No. 712                                Page 2
1   intoxicating substance or an offense

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2   provided for in paragraph 1 or 2 of this

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3   subsection, whether charged individually

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4   or conjointly with others............................$93.00

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5   4. For each defendant convicted of a

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6   felony, other than for driving under the

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7   influence of alcohol or other

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8   intoxicating substance, whether charged

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9   individually or conjointly with others..............$103.00

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10  5. For each defendant convicted of the

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11  misdemeanor of driving under the

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12  influence of alcohol or other

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13  intoxicating substance, whether charged

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14  individually or conjointly with others..............$433.00

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15  6. For each defendant convicted of the

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16  felony of driving under the influence of

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17  alcohol or other intoxicating substance,

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18  whether charged individually or

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19  conjointly with others..............................$433.00

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20  7. For the services of a court reporter at

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21  each preliminary hearing and trial held

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22  in the case..........................................$20.00

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23  8. For each time a jury is requested....................$30.00

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    Req. No. 712                                Page 3
1   9. A sheriff's fee for serving or

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2   endeavoring to serve each writ, warrant,

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3   order, process, command, or notice or

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4   pursuing any fugitive from justice

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5   a. within the county........................ $50.00, or

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6                                             mileage as

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7                                             established by the

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8                                             Oklahoma Statutes,

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9                                             whichever is

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10                                            greater, or

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11  b. outside of the county.................... $50.00, or

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12                                            actual, necessary

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13                                            expenses, whichever

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14                                            is greater

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15  B. In addition to the amount collected pursuant to paragraphs 2

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16 through 6 of subsection A of this section, the sum of Six Dollars
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17 ($6.00) shall be assessed and credited to the Law Library Fund
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18 pursuant to Section 1201 et seq. of Title 20 of the Oklahoma
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19 Statutes.
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20  C. In addition to the amount collected pursuant to subsection A

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21 of this section, the sum of Twenty Dollars ($20.00) shall be
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22 assessed and collected in every traffic case for each offense other
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23 than for driving under the influence of alcohol or other
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24 intoxicating substance; the sum of Thirty Dollars ($30.00) shall be
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    Req. No. 712                                             Page 4
1 assessed and collected in every misdemeanor case for each offense;
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2 the sum of Thirty Dollars ($30.00) shall be assessed and collected
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3 in every misdemeanor case for each offense for driving under the
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4 influence of alcohol or other intoxicating substance; the sum of
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5 Fifty Dollars ($50.00) shall be assessed and collected in every
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6 felony case for each offense; and the sum of Fifty Dollars ($50.00)
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7 shall be assessed and collected in every felony case for each
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8 offense for driving under the influence of alcohol or other
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9 intoxicating substance.
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10  D. In addition to the amounts collected pursuant to subsections

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11 A and B of this section, the sum of Twenty-five Dollars ($25.00)
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12 shall be assessed and credited to the Oklahoma Court Information
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13 System Revolving Fund created pursuant to Section 1315 of Title 20
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14 of the Oklahoma Statutes.
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15  E. In addition to the amount collected pursuant to paragraphs 1

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16 through 6 of subsection A of this section, the sum of Ten Dollars
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17 ($10.00) shall be assessed and credited to the Sheriff's Service Fee
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18 Account in the county in which the conviction occurred for the
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19 purpose of enhancing existing or providing additional courthouse
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20 security.
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21  F. In addition to the amounts collected pursuant to paragraphs

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22 1 through 6 of subsection A of this section, the sum of Three
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23 Dollars ($3.00) shall be assessed and credited to the Office of the
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24 Attorney General Victim Services Unit.
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    Req. No. 712                                               Page 5
1   G. In addition to the amounts collected pursuant to paragraphs

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2 1 through 6 of subsection A of this section, the sum of Three
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3 Dollars ($3.00) shall be assessed and credited to the Child Abuse
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4 Multidisciplinary Account. This fee shall not be used for purposes
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5 of hiring or employing any law enforcement officers.
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6   H. In addition to the amount collected pursuant to paragraphs 5

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7 and 6 of subsection A of this section, the sum of Fifteen Dollars
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8 ($15.00) shall be assessed in every misdemeanor or felony case for
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9 each offense of driving under the influence of alcohol or other
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10 intoxicating substance and credited to the Oklahoma Impaired Driver
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11 Database Revolving Fund created pursuant to Section 11-902d of Title
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12 47 of the Oklahoma Statutes.
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13  I. Prior to conviction, parties in criminal cases shall not be

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14 required to pay, advance, or post security for the issuance or
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15 service of process to obtain compulsory attendance of witnesses.
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16  J. The amounts to be assessed as court costs upon filing of a

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17 case shall be those amounts above-stated in paragraph 3 or 4 of
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18 subsection A and subsections B, C, D and E of this section.
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19  K. The fees collected pursuant to this section shall be

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20 deposited into the court fund, except the following:
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21  1. A court clerk issuing a misdemeanor warrant is entitled to

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22 ten percent (10%) of the sheriff's service fee, provided for in
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23 paragraph 9 of subsection A of this section, collected on a warrant
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24 referred to the contractor for the misdemeanor warrant notification
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    Req. No. 712                                                Page 6
1 program governed by Sections 514.4 and 514.5 of Title 19 of the
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2 Oklahoma Statutes. This ten-percent sum shall be deposited into the
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3 issuing Court Clerk's Revolving Fund, created pursuant to Section
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4 220 of Title 19 of the Oklahoma Statutes, of the court clerk issuing
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5 the warrant with the balance of the sheriff's service fee to be
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6 deposited into the Sheriff's Service Fee Account, created pursuant
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7 to the provisions of Section 514.1 of Title 19 of the Oklahoma
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8 Statutes, of the sheriff in the county in which service is made or
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9 attempted. Otherwise, the sheriff's service fee, when collected,
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10 shall be deposited in its entirety into the Sheriff's Service Fee
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11 Account of the sheriff in the county in which service is made or
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12 attempted;
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13  2. The sheriff's fee provided for in Section 153.2 of this

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14 title;
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15  3. 2. The witness fees paid by the district attorney pursuant

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16 to the provisions of Section 82 of this title which, if collected by
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17 the court clerk, shall be transferred to the district attorney's
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18 office in the county where witness attendance was required. Fees
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19 transferred pursuant to this paragraph shall be deposited in the
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20 district attorney's maintenance and operating expense account;
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21  4. 3. The fees provided for in subsection C of this section

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22 shall be forwarded to the District Attorneys Council Revolving Fund
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23 to defray the costs of prosecution; and
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    Req. No. 712                            Page 7
1   5. 4. The following amounts of the fees provided for in

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2 paragraphs 2, 3, 5 and 6 of subsection A of this section, when
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3 collected, shall be deposited in the Trauma Care Assistance
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4 Revolving Fund, created pursuant to the provisions of Section 1-
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5 2530.9 of Title 63 of the Oklahoma Statutes:
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6   a. Ten Dollars ($10.00) of the Ninety-eight-Dollar fee

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7                 provided for in paragraph 2 of subsection A of this

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8                 section,

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9   b. Ten Dollars ($10.00) of the Ninety-three-Dollar fee

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10                provided for in paragraph 3 of subsection A of this

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11                section,

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12  c. One Hundred Dollars ($100.00) of the Four-Hundred-

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13                Thirty-three-Dollar fee provided for in paragraph 5 of

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14                subsection A of this section, and

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15  d. One Hundred Dollars ($100.00) of the Four-Hundred-

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16                Thirty-three-Dollar fee provided for in paragraph 6 of

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17                subsection A of this section.

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18  L. As used in this section, "convicted" means any final

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19 adjudication of guilt, whether pursuant to a plea of guilty or nolo
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20 contendere or otherwise, and any deferred judgment or suspended
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21 sentence.
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22  M. A court clerk may accept in payment for any fee, fine,

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23 forfeiture payment, cost, penalty assessment or other charge or
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24 collection to be assessed or collected by a court clerk pursuant to
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    Req. No. 712                                               Page 8
1 this section a nationally recognized credit card or debit card or
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2 other electronic payment method as provided in paragraph 1 of
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3 subsection B of Section 151 of this title.
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4   N. Upon receipt of payment of fines and costs for offenses

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5 charged prior to July 1, 1992, the court clerk shall apportion and
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6 pay Thirteen Dollars ($13.00) per conviction to the court fund.
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7   SECTION 3.    REPEALER  19 O.S. 2021, Section 514.4, as last

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8 amended by Section 1, Chapter 211, O.S.L. 2024 (19 O.S. Supp. 2024,
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9 Section 514.4), is hereby repealed.
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10  SECTION 4.    REPEALER  19 O.S. 2021, Section 514.5, as

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11 amended by Section 2, Chapter 247, O.S.L. 2023 (19 O.S. Supp. 2024,
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12 Section 514.5), is hereby repealed.
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13  SECTION 5. This act shall become effective November 1, 2025.

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15  60-1-712      CN        1/19/2025 5:46:59 AM

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    Req. No. 712                                  Page 9
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