(A) As used in this section,
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.
(B) (1) Any person convicted of an offense punishable by a fine of $10 or more or by incarceration, excluding parking and standing violations, or any person forfeiting bond when charged with such an offense, shall be ordered by the court to pay:
(a) $10 as a separate penalty assessment in accordance with 20 O.S. § 1313.2; and
(b) $10 for the A.F.I.S. Fund in the state treasury in accordance with 20 O.S. § 1313.3; and
(c) $10 for a Forensic Science Improvement Assessment in accordance with 20 O.S. § 1313.4.
(2) The fees shall be in addition to, and not in substitution for, any and all fines and penalties otherwise provided for by law for such offense. The court shall provide for separate bail for the penalty assessment and fees, provided that a defendant admitted to bail on an undertaking by a surety may include the amount of the penalty assessment in the undertaking.
(C) 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 $5 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 in accordance to 20 O.S. § 1313.2 F.1.
(D) Upon conviction or bond forfeiture, the municipal court shall:
(1) Collect the penalty assessment and deposit it in an account created for that purpose. As an administrative fee for handling funds collected as a penalty assessment fee, the municipal court shall retain a flat rate of $0.08 per fee and may also retain all interest accrued thereon prior to the due date for deposits as provided in 20 O.S. § 1313.2;
(2) The A.F.I.S. fee shall be collected at the same time and in the same manner as the penalty assessment provided for in 20 O.S. § 1313.2. The Clerk for the court shall retain $0.08 of each fee collected, which shall be deposited in the General Revenue Fund by the Court Clerk. The payments shall be made to the appropriate fund by the Court Clerk on a monthly basis as set forth by subsection H 20 O.S. § 1313.2.
(3) The Forensic Science Improvement Assessment shall be collected at the time and in the manner as the fees provided in 20 O.S. § 1313.2 and § 1313.3. The municipal Court Clerk is authorized to retain 5% of the assessment collected by each municipal Court Clerk pursuant to the provisions of 20 O.S. 1313.4. The deposit of funds collected pursuant to the provisions of this section shall be due and payable as required in subsection H of O.S. § 1313.2.
(`83 Code, § 6-136) (Ord. 1066, passed 7-7-86; Am. Ord. 90-13, passed 6-18-90; Am. Ord. 2000-22, passed 10-2-00; Am. Ord. 2004-26, passed 7-19-04; Am. Ord. 2020-9, passed 3-2-20)