A. Fines And Costs: If judgment of conviction is entered, the Clerk of the court shall tax the costs to the defendant in the sum of thirty dollars ($30.00), or the maximum sum permitted by State law, whichever is greater, and the fees and mileage of jurors and witnesses, and any assessments levied, all of which the defendant shall pay, in addition to any fine that may be imposed. (Ord. 2017-410-C, 10-23-2017)
B. Witness Fees:
1. Witnesses in any proceeding in the court, other than police or peace officers who shall be employed by the City, shall be entitled to a witness fee as established by the City Council by motion or resolution per each day of attendance, plus mileage per mile actually and necessarily traveled in going to and returning from the place of attendance, if the residence is more than ten (10) miles distant from the place of trial. No witness, however, shall receive fees or mileage in more than one case for the same period of time or for the same travel. A defendant seeking to subpoena witnesses must deposit with the Court Clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting forth:
a. The names of no more witnesses than the Municipal Judge for the City shall determine to be just, necessary and reasonable for the proper defense of such indigent's case;
b. That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law;
c. That the testimony of such witness is material; and
d. That the attendance at the trial is necessary to his proper defense.
2. In any case where an indigent defendant has properly filled out and filed with the City an affidavit setting forth the above mentioned information, then the fees for such witnesses shall be paid for by the City. (1992 Code § 6-129)
C. Enforcement Of Fines And Costs:
1. Imprisonment: If a defendant who is financially able refuses or neglects to pay a fine or costs or both, payment may be enforced by imprisonment until the same shall be satisfied at the rate of twenty five dollars ($25.00) per day. (1992 Code § 6-130; amd. 2006 Code)
2. Certified To District Court: If the defendant is without means to pay the fine or costs, the Municipal Judge may direct the total amount due to be entered upon the court minutes and to be certified to the District Court where it shall be entered upon the District Court docket and shall have the full force and effect of a District Court judgment. Thereupon, the same remedies shall be available for the enforcement as are available to any other judgment creditor. (1992 Code § 6-130)
3. Prisoners To Work:
a. All prisoners confined to jail on conviction or on plea of guilty may be compelled, if their health permits, to work on community projects, the public streets, avenues or ways, public buildings or other public premises or property. For each day of such work, the prisoner or defendant shall be paid a rate of not less than twenty five dollars ($25.00). (1992 Code § 6-130; amd. 2006 Code)
b. The City shall direct where the work shall be performed. The appropriate officer shall oversee the work. If a guard is necessary, the Chief of Police shall make provision therefor. (1992 Code § 6-130)
D. Acts Punishable Under Different Sections 1 : In all cases where the same offense is made punishable or is created by different sections of this Code, the City Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense. (1992 Code § 6-131)
E. Contempt Of Court: Obedience to the orders, rules and judgments made by the court may be enforced by the Judge, who may fine or imprison for contempt committed as to him while holding court, or committed against process issued by him, in the same manner and to the same extent as the District Courts of the State. (1992 Code § 6-132)
F. Penalty Assessments:
1. The following assessment fees shall be ordered by the court on 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, by incarceration, or any person forfeiting bond when charged with such an offense, at the time of sentencing or at the time a plea is entered, which said assessment fee shall be in addition to and not in substitution for any and all fines and penalties otherwise provided by law or ordinance for such offense.
a. Pursuant to Oklahoma Statutes title 20, subsection 1313.2(b), the penalty assessment fees on certain offenses shall be ten dollars ($10.00) beginning effective August 25, 2017.
b. Pursuant to Oklahoma Statutes title 20, section 1313.3(a), the AFIS (automated fingerprint identification assessment) fee is ten dollars ($10.00), effective November 1, 2017.
c. Pursuant to Oklahoma Statutes title 20, section 1313.4, a ten dollar ($10.00) forensic science improvement assessment fee shall be assessed on certain offenses, effective November 1, 2017. (Ord. 332-C, 7-16-2001; amd. Ord. 340-C, 6-21-2004; Ord. 342-C, 11-15-2004; Ord. 2017-410-C, 10-23-2017)
2. The fees set out in subsection F1 of this section shall be in addition to and not in substitution for any and all fines and penalties and costs otherwise provided for such offense. The court shall provide for separate bail for the assessments; however, a defendant admitted to bail on an undertaking by a surety may include the amount of the assessment in the undertaking.
3. Upon conviction or bond forfeiture, the court shall collect the assessment and deposit the monies for payment as required by state law. (1992 Code § 6-133)
4. At the end of every month, the city shall deposit with the Oklahoma state treasury the funds deposited in the law enforcement training funds, the AFIS (automated fingerprint identification) fund, and the forensic science improvement revolving fund, as required by law. The court clerk shall also furnish to the state treasury reports required on the funds collected and penalty assessments imposed each quarter. (1992 Code § 6-133; amd. 2006 Code)
5. For the purpose of this section, "conviction" 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. (1992 Code § 6-133)
G. Failure To Pay Fines:
1. All fines shall be recoverable by civil action before any court of competent jurisdiction in addition to any other method provided by law.
2. The failure to pay a fine levied pursuant to this code shall constitute a separate offense against the city, subject to a fine as provided in section 1-4-1 of this title. (1992 Code § 6-134; amd. 2006 Code)
Notes
| 1 | 1. See also subsection 1-4-2B of this title. |