A. Order To Pay: Any person convicted of an offense punishable by a fine of ten dollars ($10.00) or more, or by incarceration or any person forfeiting bond when charged for such an offense, shall be ordered by the court to pay ten dollars ($10.00) as a separate penalty assessment and one hundred fifty dollars ($150.00) as a laboratory analysis fee, if applicable pursuant to 20 Oklahoma Statutes section 1313.2C, and one hundred fifty dollars ($150.00) as a DNA fee if applicable pursuant to 20 Oklahoma Statutes section 1313.2G, which assessment and fee 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. A defendant admitted to bail on an undertaking by a surety may include the amount of the assessment in the undertaking.
B. Collection; Administrative Fee: Upon conviction or bond forfeiture, the court shall collect the penalty assessment deposited in an account created for that purpose. As an administrative fee for handling funds collected as a penalty assessment, the court is authorized to retain fourteen cents ($0.14) of such monies and may also retain all interest accrued thereon prior to the due date provided in accordance with 20 Oklahoma Statutes section 1313.2 subsection E. The remainder of such monies shall be forwarded quarterly by the Court Clerk to the State Treasurer. Deposits shall be due July 15 for the preceding quarter ending June 30, October 15 for the preceding quarter ending September 30, January 15 for the preceding quarter ending December 31, and April 15 for the preceding quarter ending March 31. There shall be a penalty for failure to make timely deposits, pursuant to 20 Oklahoma Statutes section 1313.2 subparagraph D. (Ord. 2001-4, 2-6-2001)
C. Convicted Defined: 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. (See appendix A of this Code.) (1988 Code § 6-135)
D. Collection Services: The Governing Body of a municipality may enter into a contract with a collection agency for the provision of collection services for one or more of the following items:
1. Debts and accounts receivable including, but not limited to, unpaid fees, penalties, interest, and other sums due the Municipality, as applicable; or
2. Court penalties, costs, fines, and fees in cases in Municipal Court in which the accused has failed to appear or otherwise failed to satisfy a monetary obligation ordered by the court.
E. Collection Fee: A Governing Body of a municipality that enters into a contract with a collection agency pursuant to this section may authorize the addition of a collection fee in an amount not to exceed thirty five percent (35%) on each item described in subsection D of this section that has been referred by the Municipality to the collection agency for collection. If a municipality enters into such contract with a collection agency and authorizes the collection fee, the court shall order defendants to reimburse the fee arising pursuant to subsection D2 of this section and such court ordered fee shall be collected as provided by law for the collection of any other civil debt or criminal action. (Ord. 2009-8, 10-20-2009)