Oklahoma HB 1122: Drug possession; providing for the preemption of certain laws of municipalities and political subdivisions; allowing for the establishment of municipal criminal courts of record; effective date.

Bill Text

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STATE OF OKLAHOMA

1st Session of the 56th Legislature (2017)

HOUSE BILL 1122 By: Biggs

AS INTRODUCED

An Act relating to drug possession; directing law
enforcement to complete and enter arrest reports for
drug possession offenses into certain database;
amending 28 O.S. 2011, Section 153, as last amended
by Section 1, Chapter 389, O.S.L. 2016 (28 O.S. Supp.
2016, Section 153), which relates to court fees in
criminal cases; establishing assessment for
misdemeanor offenses involving the possession of
controlled dangerous substances; remitting assessment
to the Oklahoma Drug Possession Database Revolving
Fund; providing for the preemption of certain laws of
municipalities and political subdivisions;
prohibiting municipalities and political subdivisions
from prosecuting certain ordinances; providing an
exception to mandatory preemption; allowing for the
establishment of municipal criminal courts of record;
authorizing Director of Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control to oversee
creation of certain database; providing for
assistance from the Office of Management and
Enterprise Services; requiring certain arrest reports
be completed and entered into drug possession
database; requiring Director to prescribe the form
and format of the drug possession arrest report;
creating the Oklahoma Drug Possession Database
Revolving Fund; stating purpose of fund; providing
for codification; providing an effective date; and
declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 34-109 of Title 11, unless there
is created a duplication in numbering, reads as follows:
In any case in which a person is arrested for the possession of
a controlled dangerous substance, except marijuana, a drug
possession arrest report shall be completed by the municipal law
enforcement officer who made the arrest and shall be entered into
the drug possession database created pursuant to Section 4 of this
act.
SECTION 2. AMENDATORY 28 O.S. 2011, Section 153, as last
amended by Section 1, Chapter 389, O.S.L. 2016 (28 O.S. Supp. 2016,
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

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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

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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 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

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